HomeMy WebLinkAboutOrd 20-97 Zoning Provisions
'-'
ORDINANCE NO. 20 - 97
AN ORDINANCE OF THE CITY OF DUBLIN
*******
REPEALING, RENUMBERING OR AMENDING
CERTAIN EXISTING ZONING PROVISIONS AND
CERTAIN MUNICIPAL CODE PROVISIONS
AND ADOPTING A REVISED ZONING ORDINANCE
The City Council of the City of Dublin does ordain as follows:
Section 1. Recitals.
1. The current Dublin Zoning Ordinance was prepared in 1967 by Alameda County
and was adopted by the City of Dublin when it incorporated in 1982. The Zoning
Ordinance has been amended frequently over time, but has undergone no comprehensive
revision.
2. Additional zoning regulations are set forth in Title 8 of the Dublin Municipal
Code and include Chapter 8.08, Signs; Chapter 8.12, Density Bonus; Chapter 8.20,
Water Efficient Landscaping; and Chapter 8.24, Inclusionary Zoning.
3. In 1985, the City adopted its first general plan. The General Plan has also been
amended frequently over time, including a major amendment in the form of the 1993
Eastern Dublin General Plan Amendment and a related Specific Plan, both of which
require implementation through the Zoning Ordinance.
4. In 1996, the City began the process of revising the Zoning Ordinance to be
consistent with the amended General Plan and the Eastern Dublin Specific Plan, as well
as to streamline and update zoning provisions and processes. The revised Zoning
Ordinance is attached hereto as Attachment 1. The revised Ordinance is intended to
replace the existing Zoning Ordinance, past amending ordinances, Chapter 7.56 of the
Dublin Municipal Code, and the existing chapters in Title 8 and other Zoning-related
chapters of the Dublin Municipal Code.
5. Numerous public hearings and study sessions have been conducted on the draft
Zoning Ordinance, including August 6, 1996; September 24, 1996; November 12, 1996;
November 26,1996; January 14,1997; March 11, 1997; April 22, 1997; and June 24,
1997. Ajoint City CouncilJPlanning Commission study session on the Zoning
Ordinance was held on May 6, 1997.
6. Pursuant to CEQA, staff prepared an Initial Study on the draft Zoning Ordinance.
Based on the Initial Study, staff recommended that the draft Ordinance be found exempt
1
~
'-'
from review under CEQA Guidelines Section 1506i(b)(3), the general exemption for
activities where it can be seen with certainty that there is no possibility of significant
environmental effect.
7. Final Planning Commission review of the revised Zoning Ordinance and the draft
CEQA exemption was scheduled for a noticed public hearing on July 22, 1997, at which
time the Planning Commission considered all comments and testimony received at the
hearing.
8. Based on the comments and testimony received at the hearing, and on staff
reports and evidence in the record, the Planning Commission adopted Resolution 97-15,
dated July 22, 1997. Resolution 97-15 recommended that the City Council find the
Zoning Ordinance revision project exempt from CEQA review and that the Council
adopt the draft Zoning Ordinance revision. The resolution also set forth the reasons for
the Planning Commission's recommendations.
9. The City Council considered the Planning Commission's recommendations at a
noticed public hearing on August 19, 1997, at which time the City Council considered
all comments and testimony received at the hearing.
10. Based on the comments and testimony received at the hearing, the City Council
adopted Resolution No. 103 - 97 finding the Zoning Ordinance revision project exempt
from CEQA under CEQA guidelines 15061 (b) (3).
Section 2 Si~ Ordinance. History & Legislative Intent. The sign regulations of
the City of Dublin were first adopted by Ordinance NO.1 on February 1,1982, when
Dublin incorporated. Thereafter on May 24, 1982, the City Council enacted Ordinance
No. 13 which adopted the sign regulations of the County of Alameda as Dublin's sign
regulations. On May 12, 1986, the City Council enacted Ordinance No. 7-86 which
amended, clarified and reenacted Ordinance No. 13. Ordinance No. 7-86 was amended
by Ordinance No.'s 6-87, 18-88,9-89, and Sections 13 & 14 of Ordinance No. 6-92.
The current sign regulations were adopted by Ordinance No. 6-94. In enacting this
Ordinance it is the intent of the City Council to amend, clarify and reenact the existing
sign regulations and to continue having all sign regulations in one ordinance. In
enacting this Ordinance it is not the Council's intent to make the existing sign
regulations more restrictive or more prohibitive but, rather, to clarify ambiguities, and in
certain sitnations, provide greater flexibility regarding sign size and placement. No
signs which are conforming under the current sign regulations (Ordinance No. 6-94) will
be made non-conforming by enactment of this Ordinance. Certain signs which are non-
conforming under the existing sign regulations will remain non-conforming under this
Ordinance. This Ordinance will continue to provide mechanisms for such signs to
become conforming. It is the intent of the City Council in enacting this Ordinance that
the amortization period for removal of non-conforming signs not be more restrictive
2
.~
'-'
than the amortization period set forth in Dublin's sign regulations, as originally enacted
by Ordinance No.'s 1 and 13 and as currently in effect pursuant to Ordinance No. 6-94.
Section 3 Adoption. A revised Zoning Ordinance renumbering existing
provisions, amending existing provisions, and adding new provisions, all as set forth in
Chapters 8.04 through 8.144 to Title 8 of the Dublin Municipal Code, as set forth in
Attachment 1, and incorporated herein by reference, is hereby adopted.
Section 4 Renumbering:. The following provisions of the Dublin Municipal
Code are hereby renumbered as shown in Attachment 1: Chapter 8.12, Development
Agreements; Chapter 8.16, Density Bonus; Chapter 8.20, Water Efficient Landscaping;
Chapter 8.24, Inclusionary Zoning Ordinance. Nor. No. 5-84, Second Units in R-1
districts, is hereby renumbered as shown in Attachment 1.
Section 5. Rejleal. The following Ordinances are hereby repealed.
1. The existing Zoning Ordinance, Ordinance 13, insofar as it continued in effect
Chapters 1 and 2 of Title 8 of the Alameda County Code.
2. Ordinance 23 establishing the jurisdiction of the Planning Director and the
Planning Commission with regard to various zoning and planning matters.
3. Ordinance 17-84, Newspaper Recycling Bins.
4. Ordinance 18-84, Arts and Crafts Fairs.
5. Ordinance 3-86, Recreational Vehicles.
6. Ordinance 15-86, Fortunetelling.
7. Ordinance 3-87, establishing Chapter 7.56 of the Dublin Municipal Code,
Swimming Pool Enclosures.
9. Ordinance 28-87, Sleeping in Vehicles.
10. Ordinance 3-92, Massage Establishments.
11. Ordinance 6-92, amendments to the Municipal Code relating to Conditional Use
Permit, Administrative Conditional Use Permit and Site Development Review process
(except Section 13 & 14 related to sign regulations, which were previously repealed by
\ Ordinance Number 6-94).
12. Ordinance 4-94, Planned Developments.
3
~
~.
13. Ordinance 6-94, establishing Chapter 8.08 of the Dublin Municipal Code, Signs.
14. Ordinance 8-95, Outdoor Sales.
15. Ordinance 17-96, Hazardous Waste Facilities
16. Ordinance 14-97, Planned Developments.
Section 6 Severability. If any part of this Ordinance or the application thereof to
any person is held invalid, the remainder of the Ordinance and the application of such
provisions to other persons shall not be affected thereby.
Section 7 Effective Date. This Ordinance shall take effect and be in force 30
days following its adoption.
Section 8 Posting. The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin
this 2nd day of September, 1997.
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES:
None
ABSTAIN: None
ABSENT: None
ATIE~Qk~~
ty Cler
~
Mayor
g:pa95027/ordl
K2/G/9-2-97/ord-zon.doc
4
Proposed Changes to
Zoning Ordinance
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE I A R-l R-2 R-M CoO CoN C-] C-2 M-P M-l M-2
Agricultural Housing C/ZA - - - - - . - - - - -
Animal Keeping - Residential P P P P - - - - - - -
Boarding House - C/ZA C/ZA C/ZA - - - - - - -
Caretaker Residence C/ZA - - - - - C/PC C/PC CIPC CIPC C/PC
Community Care Facility/Small P P P P - - - - - - -
Duplex - - P P - - - - - - -
Farm Mobile Home C/ZA - - - - - - - - - -
GarageN ard Sale P P P P - - - - - - -
Home Occupation ZC ZC ZC ZC - - - - - - -
Large Family Day Care Home GrhA GrhA GrhA t;;fbA - . - - - - -
CIPC CIPC C/PC C/PC
Mobile Home . P P P - - - - - - - -
Mobile Home /Manufactured - C/PC C/PC - - - - - - - -
Home Park
Multi-Family Residence - - P P - - - - - - -
Parking Lot - Residential - C/ZA C/ZA C/ZA - - - - - - -
Residential Use Secondary to - - - - - - C/PC - - - -
Commercial Use
Second Unit - C/ZA - - - - - - - - -
Single Family Residence P P P P - - - - - - -
Small Family Day Care Home P P P P - - - - - - -
Temporary Mobile Homel TUP TUP TUP - - - - - - - -
Manufactured Home
Tract and Sales Office/ - TUP TUP TUP - - - - - - -
Model Home Complex
CIVICUSE TYPES
CIVIC USE TYPE A R-t R-2 R-M C-O CoN I C-t C-2 M-P M-l I M-2
Community Clubhouse - C/PC CIPC C/PC - - C/PC - - - -
Community Facility C/PC CIPC C/PC C/PC C/PC CIPC C/PC CIPC C/PC C/PC C/PC
Hospital/Medical Center - - - C/PC - - C/PC CIPC - - -
Industrial Transfer/Storage/ - - - - - - - - - CIPC C/PC
Treatment Facility
Newspaper Recycling Bin TUP TUP TUP TUP TUP TUP TUP TUP - - -
Small Scale Transfer - - - - - - - - - C/PC C/PC
and Storage Facility
Page ]2-3
5
EXHIBIT 6
CITY OF DUBLIN
ZONING ORDINANCE
Title 8
City of Dublin, California
Municipal Code
Committed to Community Service
City of Dub/in
700 Civic P/aza
Dublin, CA 94568
~TT(~~w7~ ~`
EX~i~31T
TABLE OF CONTENTS
City of Dublin Zoning Ordinance
Title 8 Of The City of Dublin Municipal Code
September, 1997
Sections:
Contents
Chapter 8.04 Title, Purpose, And Authority PAGE NO.
8.04.010 Title ------------------------------------------------------------------------ 4-1
8.04.020 Purpose--------------------------------------------------------------------- 4-1
8.04.030 Authority and General Plan Consistency------------------------------ 4-2
8.04.040 Applicability of Zoning Ordinance------------------------------------- 4-2
8.04.050 Responsibility for Administration-------------------------------------- 4-4
8.04.060 Interpretation--------------------------------------------------------------- 4-4
8.04.070 Exemptions From Permit Requirements------------------------------- 4-8
8.04.080 Other Permits May be Required----------------------------------------- 4-9
8.04.090 Joint Reference------------------------------------------------------------- 4-10
8.04.100 Partial Invalidation of Zoning Ordinance------------------------------ 4-10
Chapter 8.08 Definitions
8.08.010 Purpose and Intent-------------------------------------------------------- 8-1
8.08.020 Definitions (A-Z)--------------------------------------------------------- 8-1
Chapter 8.12 Zoning Districts And Permitted Uses Of Land
8.12.010 Purpose and Intent--------------------------------------------------------- 12-1
8.12.020 Zoning Districts Established--------------------------------------------- 12-1
8.12.030 Zoning Map Adopted----------------------------------------------------- 12-1
8.12.040 Zoning District Conversion Table-------------------------------------- 12-2
8.12.050 Permitted and Conditionally Permitted Land Uses------------------- 12-2
Chapter 8.16 Agricultural Zoning District (A)
8.16.010 Purpose and Intent-------------------------------------------------------- 16-1
8.16.020 A (Agricultural Zoning District)---------------------------------------- 16-1
8.16.030 Permitted and Conditionally Permitted Land Uses,
Regulations, and Performance Standards------------------------------ 16-2
~~;'. ,.
~ .. i.»
City c~`~ub/in. Zoning Ordinance 1 September, 1997
TABLE OF CONTENTS
Chapter 8.20 Residential Zoning Districts PAGE NO.
8.20.010 Purpose and Intent-------------------------------------------------------- 20-1
8.20.020 Residential Zoning Districts-------------------------------------------- 20-1
8.20.030 Permitted and Conditionally Permitted Land Uses,
Regulations, and Performance Standards------------------------------ 20-3
Chapter 8.24 Commercial Zoning Districts
8.24.010 Purpose and Intent-------------------------------------------------------- 24-1
8.24.020 Commercial Zoning Districts------------------------------------------- 24-1
8.24.030 Permitted and Conditionally Permitted Land Uses,
Regulations, and Performance Standards------------------------------ 24-3
Chapter 8.28 Industrial Zoning Districts
8.28.010 Purpose and Intent-------------------------------------------------------- 28-1
8.28.020 Industrial Zoning districts----------------------------------------------- 28-2
8.28.030 Industrial Performance Standards, M-P Zoning District------------ 28-3
8.28.040 Industrial Performance Standards, M-1 Zoning District------------ 28-4
8.28.050 Industrial Performance Standards, M-2 Zoning District------------ 28-5
8.28.060 Permitted and Conditionally Permitted Land Uses,
and Regulations----------------------------------------------------------- 28-5
Chapter 8.32 Planned Development Zoning District (PD)
8.32.010 Purpose-------------------------------------------------------------------- 32-1
8.32.020 Intent----------------------------------------------------------------------- 32-1
8.32.030 Applicability-------------------------------------------------------------- 32-1
8.32.040 Application---------------------------------------------------------------- 32-2
8.32.050 Permitted Uses------------------------------------------------------------ 32-4
8.32.060 General--------------------------------------------------------------------- 32-5
8.32.070 Action---------------------------------------------------------------------- 32-~
8.32.080 Amendments--------------------------------------------------------------- 32-5
Chapter 8.36 Development Regulations
8.36.010 Purpose and Intent-------------------------------------------------------- 36-1
8.36.020 Agricultural and Residential Development Regulations------------ 36-1
8.36.030 Commercial and Industrial Development Regulations-------------- 36-2
8.36.040 Setbacks--------------------------------------------------------------------- 36-4
8.36.050 Exceptions to Setbacks---------------------------------------------------- 36-5
8.36.060 Projections Into Required Setbacks -Building Features
and Equipment------------------------------------------------------------- 36-8
8.36.070 Interior Setbacks----------------------------------------------------------- 36-9
City of Dub/in Zoning Ordinance 2 September, 1997
TABLE OF CONTENTS
PAGE NO.
8.36.080 Lot Lines------------------------------------------------------------------- 36-10
8.36.090 Yards------------------------------------------------------------------------ 36-10
8.36.100 Maximum Lot Coverage------------------------------------------------- 36-11
8.36.110 Height Limits and Exceptions------------------------------------------- 36-11
8.36.120 Lot Widths/Frontages and Exceptions---------------------------------- 36-13
8.36.130 Lot Depth and Exceptions------------------------------------------------ 36-14
Chapter 8.40 Accessory Structures and Uses Regulations
8.40.010 Purpose and Intent-------------------------------------------------------- 40-1
8.40.020 Accessory Structures----------------------------------------------------- 40-1
8.40.030 Accessory Uses------------------------------------------------------------ 40-7
Chapter 8.44 Adult Business Establishments Regulations
8.44.010 Purpose--------------------------------------------------------------------- 44-1
8.44.020 Definitions----------------------------------------------------------------- 44-1
8.44.030 Conditional Use Permit Required-------------------------------------- 44-1
8.44.040 Variance-------------------------------------------------------------------- 44-2
8.44.050 Location Requirements--------------------------------------------------- 44-3
8.44.060 Regulations----------------------------------------------------------------- 44-3
Chapter 8.48 Archaeological Resources Regulations
8.48.010 Purpose and Intent-------------------------------------------------------- 48-1
8.48.020 Archaeology Regulations------------------------------------------------ 48-1
Chapter 8.52 Density Bonus Regulations
8.52.010 Title------------------------------------------------------------------------- 52-1
8.52.020 Purpose--------------------------------------------------------------------- 52-1
8.52.030 Definitions----------------------------------------------------------------- 52-1
8.52.040 Applicability--------------------------------------------------------------- 52-3
8.52.050 Concessions and Incentives---------------------------------------------- 52-3
8.52.060 Waiver or Modification of Development and
Zoning Standards---------------------------------------------------------- 52-4
8.52.070 General Requirements----------------------------------------------------- 52-4
8.52.080 Requirements for Rental Housing Projects----------------------------- 52-5
8.52.090 Requirements for Owner-Occupied Housing-------------------------- 52-6
8.52.100 Control of Resale of Affordable Units---------------------------------- 52-6
8.52.110 Application Procedure----------------------------------------------------- 52-7
8.52.120 Conflict of Interest--------------------------------------------------------- 52-8
8.52.130 Violations------------------------------------------------------------------- 52-8
8.52.140 Enforcement---------------------------------------------------------------- 52-8
8.52.150 Appeals---------------------------------------------------------------------- 52-9
City of Dub/in Zoning Ordinance 3 September, 1997
TABLE OF CONTENTS
Chapter 8.56 Development Agreements Regulations
PAGE NO.
8.56.010 Authority------------------------------------------------------------------- 56-1
8.56.020 Definitions------------------------------------------------------------------ 56-1
8.56.030 Forms -Information and Fees------------------------------------------- 56-1
8.56.040 Qualification as an Applicant-------------------------------------------- 56-1
8.56.050 Review of Application---------------------------------------------------- 56-2
8.56.060 Notice of Public Hearing------------------------------------------------- 56-2
8.56.070 Rules Governing Conduct of Hearing---------------------------------- 56-3
8.56.080 Determination by Planning Commission------------------------------- 56-3
8.56.090 Decision by City Council------------------------------------------------- 56-4
8.56.100 Approval by Ordinance---------------------------------------------------- 56-4
8.56.110 Contents of Agreement---------------------------------------------------- 56-4
8.56.120 Initiation of Amendment or Cancellation------------------------------- 56-~
8.56.130 Recordation of Development Agreement,
Amendment or Cancellation---------------------------------------------- 56-6
8.56.140 Annual Review------------------------------------------------------------- 56-6
8.56.150 Effect of Development Agreement-------------------------------------- 56-7
8.56.160 Severability----------------------------------------------------------------- 56-7
8.56.170 Judicial Review -Time Limitation------------------------------------- 56-7
Chapter 8.60 Hazardous Waste Facilities Location Procedure
8.60.010 Purpose---------------------------------------------------------------------- 60-1
8.60.020 Applicability---------------------------------------------------------------- 60-1
8.60.030 Procedure-------------------------------------------------------------------- 60-2
8.60.040 Application Requirements------------------------------------------------ 60-4
8.60.050 Environmental Review---------------------------------------------------- 60-4
8.60.060 Facility Siting Criteria and Permitting Requirements----------------- 60-5
8.60.070 Special Development Requirements------------------------------------- 60-10
8.60.080 Local Assessment Committee-------------------------------------------- 60-16
8.60.090 Hearings and Notice------------------------------------------------------- 60-17
8.60.100 Findings--------------------------------------------------------------------- 60-17
8.60.110 Appeal----------------------------------------------------------------------- 60-17
8.60.120 Time Limits----------------------------------------------------------------- 60-17
8.60.130 Household Hazardous Waste Collection Facilities-------------------- 60-18
Chapter 8.64 Home Occupations Regulations
8.64.010 Purpose and Intent-------------------------------------------------------- 64-1
8.64.020 Zoning Clearance Required --------------------------------------------- 64-1
8.64.030 Business License Required---------------------------------------------- 64-1
8.64.040 Limitations on Use-------------------------------------------------------- 64-1
8.64.050 Prohibited Home Occupations------------------------------------------- 64-3
8.64.060 Revocation of Zoning Clearance----------------------------------------- 64-4
City of Dub/in Zoning Ordinance 4 September, 1997
TABLE OF CONTENTS
Chapter 8.68 Inclusionary Zoning Regulations PAGE NO.
8.68.010 Purpose---------------------------------------------------------------------- 68-1
8.68.020 Title-------------------------------------------------------------------------- 68-1
8.68.030 Findings--------------------------------------------------------------------- 68-1
8.68.040 Definitions------------------------------------------------------------------ 68-2
8.68.050 General Requirements/Applicability ----------------------------------- 68-5
8.68.060 Unit Provisions and Specifications-------------------------------------- 68-6
8.68.070 Affordable Housing Agreement------------------------------------------ 68-7
8.68.080 Alternatives to Constructing Inclusionary Units On-Site------------ 68-10
8.68.090 Credit Transfers------------------------------------------------------------ 68-12
8.68.100 Inclusionary Housing In-Lieu Fee Fund-------------------------------- 68-13
8.68.110 Incentives to Encourage On-Site Construction of
Inclusionary Units--------------------------------------------------------- 68-13
8.68.120 Administration------------------------------------------------------------- 68-14
8.68.130 Availability of Government Subsidies--------------------------------- 68-14
8.68.140 Conflict of Interest--------------------------------------------------------- 68-15
8.68.150 Violations------------------------------------------------------------------- 68-15
8.68.160 Enforcement---------------------------------------------------------------- 68-15
8.68.170 Appeals---------------------------------------------------------------------- 68-15
Chapter 8.72 Landscaping and Fencing Regulations
8.72.010 Purpose and Intent--------------------------------------------------------- 72-1
8.72.020 Preliminary Landscaping Plan------------------------------------------- 72-1
8.72.030 Final Landscaping and Irrigation Plan---------------------------------- 72-1
8.72.040 Installation of Landscaping----------------------------------------------- 72-9
8.72.050 Maintenance of Landscaping--------------------------------------------- 72-9
8.72.060 Tree Removal/Replacement---------------------------------------------- 72-10
8.72.070 Conformity With Water Efficient Landscape Regulations----------- 72-10
8.72.080 Fencing, Walls, and Hedges---------------------------------------------- 72-10
Chapter 8.76 Off Street Parking and Loading Regulations
8.76.010 Purpose and Intent-------------------------------------------------------- 76-1
8.76.020 Applicability--------------------------------------------------------------- 76-1
8.76.030 Maintenance--------------------------------------------------------------- 76-1
8.76.040 General Regulations------------------------------------------------------ 76-1
8.76.050 Adjustment to the Number of Parking Spaces------------------------ 76-3
8.76.060 Special Regulations------------------------------------------------------- 76-5
8.76.070 Development Standards-------------------------------------------------- 76-8
8.76.080 Parking Requirements by Use Type------------------------------------ 76-22
8.76.090 Loading Requirements--------------------------------------------------- 76-29
City of Dub/in Zoning Ordinance 5 September, 1997
TABLE OF CONTENTS
Chapter 8.80 Second Units Regulations
PAGE NO.
8.80.010 Purpose -------------------------------------------------------------------- 80-1
8.80.020 Intent----------------------------------------------------------------------- 80-1
8.80.030 Regulations---------------------------------------------------------------- 80-1
Chapter 8.84 Sign Regulations
8.84.010 Purpose and Intent-------------------------------------------------------- 84-1
8.84.020 Definitions----------------------------------------------------------------- 84-1
8.84.030 Matrix A, Sign Approvals and Decision-maker----------------------- 84-6&7
Authority by Zoning District
8.84.040 Matrix B, Sign Development Regulations---------------------------- 84-8 &
84-9-13
8.84.050 Signs Subject to Permits------------------------------------------------- 84-14
8.84.060 Design Criteria------------------------------------------------------------ 84-19
8.84.070 Illumination---------------------------------------------------------------- 84-20
8.84.080 Landscaping--------------------------------------------------------------- 84-21
8.84.090 A-Agricultural District -Signs Permitted----------------------------- 84-21
8.84.100 PD- Planned Development District -Signs Permitted--------------- 84-21
8.84.110 Regulations for Wall Signs and Projecting Signs-------------------- 84-21
8.84.120 Freestanding Sign General Regulations------------------------------- 84-23
8.84.130. Master Sign Program/Site Development Review-------------------- 84-24
8.84.140 Exempt Signs-------------------------------------------------------------- 84-25
8.84.150 Prohibited Signs----------------------------------------------------------- 84-27
8.84.160 Compliance -Sign Permit Application Required-------------------- 84-28
8.84.170 Application -Contents--------------------------------------------------- 84-28
8.84.180 Owner's Consent---------------------------------------------------------- 84-28
8.84.190 Application -Approval--------------------------------------------------- 84-28
8.84.200 Sign Exceptions----------------------------------------------------------- 84-29
8.84.210 Non-Conforming Signs-------------------------------------------------- 84-30
8.84.220 Illegal Signs Subject to Summary Removal-------------------------- 84-30
8.84.230 Inventory------------------------------------------------------------------- 84-31
8.84.240 Signs Located onNon-Conforming Buildings Within a
Required Yard------------------------------------------------------------- 84-31
8.84.250 Compliance -Decision of Permitting Body--------------------------- 84-31
8.84.260 Maintenance -Required-------------------------------------------------- 84-31
8.84.270 Illegal Signs- Summary Removal--------------------------------------- 84-31
8.84.280 Means of Removal of Illegal and/or Non-Conforming Signs------- 84-32
8.84.290 Violation -Nuisance-Abatement---------------------------------------- 84-32
City of Dub/in Zoning Ordinance 6 September, 1997
TABLE OF CONTENTS
Chapter 8.88 Water-Efficient Landscaping Regulations PAGE NO.
8.88.010 Purpose--------------------------------------------------------------------- 88-1
8.88.020 Applicability--------------------------------------------------------------- 88-1
8.88.030 Definitions----------------------------------------------------------------- 88-1
8.88.040 Provisions for New or Rehabilitated Landscapes-------------------- 88-6
8.88.050 Provisions for Existing Landscapes------------------------------------ 88-15
8.88.060 Reference Evapotranspiration------------------------------------------- 88-15
Chapter 8.92 Reserved For Wireless Communications Facilities Regulations
Chapter 8.96 Permit Procedures
8.96.010 Purpose--------------------------------------------------------------------- 96-1
8.96.020 Procedures----------------------------------------------------------------- 96-1
Chapter 8.100 Conditional Use Permit
8.100.010 Purpose--------------------------------------------------------------------- 100-1
8.100.020 Uses Requiring a Conditional Use Permit----------------------------- 100-1
8.100.030 Application----------------------------------------------------------------- 100-1
8.100.040 Notice and Hearings------------------------------------------------------ 100-1
8.100.050 Concurrent Consideration------------------------------------------------ 100-1
8.100.060 Required Findings--------------------------------------------------------- 100-1
8.100.070 Action----------------------------------------------------------------------- 100-2
8.100.080 Amendments--------------------------------------------------------------- 100-2
8.100.090 Building Permits----------------------------------------------------------- 100-2
8.100.100 Procedures------------------------------------------------------------------ 100-2
Chapter 8.104 Site Development Review
8.104.010 Purpose--------------------------------------------------------------------- 104-1
8.104.020 Intent------------------------------------------------------------------------ 104-1
8.104.030 Projects Subject to Site Development Review------------------------ 104-1
8.104.040 Application----------------------------------------------------------------- 104-2
8.104.050 Appealable Action Letter------------------------------------------------- 104-2
8.104.060 Concurrent Consideration------------------------------------------------ 104-2
8.104.070 Required Findings--------------------------------------------------------- 104-2
8.104.080 Action----------------------------------------------------------------------- 104-3
8.104.090 Amendment---------------------------------------------------------------- 104-4
8.104.100 Waiver----------------------------------------------------------------------- 104-4
8.104.110 Guidelines------------------------------------------------------------------- 104-4
8.104.120 Building Permits----------------------------------------------------------- 104-4
8.104.130 Procedures------------------------------------------------------------------ 104-4
City of Dub/in Zoning Ordinance 7 September, 1997
TABLE OF CONTENTS
Chapter 8.108 Temporary Use Permit PAGE NO.
8.108.010 Purpose--------------------------------------------------------------------- 108-1
8.108.020 Uses Permitted With A Temporary Use Permit---------------------- 108-1
8.108.030 Application----------------------------------------------------------------- 108-3
8.108.040 Approval-------------------------------------------------------------------- 108-3
8.108.050 Expiration of Temporary Use Permit----------------------------------- 108-3
Chapter 8.112 Variance
8.112.010 Purpose---------------------------------------------------------------------- 112-1
8.112.020 Applicability---------------------------------------------------------------- 112-1
8.112.030 Use Variance Prohibited-------------------------------------------------- 112-1
8.112.040 Application------------------------------------------------------------------ 112-1
8.112.050 Notice and Hearings------------------------------------------------------- 112-1
8.112.060 Required Findings--------------------------------------------------------- 112-1
8.112.070 Required Findings -Exceptions----------------------------------------- 112-2
8.112.080 Action------------------------------------------------------------------------ 112-2
8.112.090 Restoration of Structure and/or Use To -------------------------------- 112-2
Conformity With The Zoning Ordinance------------------------------ 112-2
8.112.100 Effect of Approval--------------------------------------------------------- 112-2
8.112.110 Procedures------------------------------------------------------------------ 112-2
Chapter 8.116 Zoning Clearance
8.116.010 Purpose---------------------------------------------------------------------- 116-1
8.116.020 Applications Requiring a Zoning Clearance--------------------------- 116-1
8.116.030 Application----------------------------------------------------------------- 116-1
8.116.040 Approval-------------------------------------------------------------------- 116-1
8.116.050 Expiration of Zoning Clearance----------------------------------------- 116-2
8.116.060 Revocation of Zoning Clearance---------------------------------------- 116-2
Chapter 8.120 Zoning Ordinance Amendment
8.120.010 Purpose---------------------------------------------------------------------- 120-1
8.120.020 Initiation--------------------------------------------------------------------- 120-1
8.120.030 Application----------------------------------------------------------------- 120-1
8.120.040 Notice and Hearings------------------------------------------------------- 120-1
8.120.050 Required Findings---------------------------------------------------------- 120-1
8.120.060 Planning Commission Action-------------------------------------------- 120-1
8.120.070 City Council Action------------------------------------------------------- 120-1
8.120.080 Effective Date-------------------------------------------------------------- 120-2
8.120.090 Violation-------------------------------------------------------------------- 120-2
8.120.100 Effect of Denial------------------------------------------------------------ 120-2
8.120.110 Prezoning of Unincorporated Territory--------------------------------- 120-2
City of Dub/in Zoning Ordinance 8 September, 1997
TABLE OF CONTENTS
Chapter 8.124 Applications, Fees and Deposits PAGE NO.
8.124.010 Purpose--------------------------------------------------------------------- 124-1
8.124.020 Applications---------------------------------------------------------------- 124-1
8.124.030 Fees and Deposits---------------------------------------------------------- 124-1
Chapter 8.128 Authority to Administer Title 8
8.128.010 Purpose and Intent-------------------------------------------------------- 128-1
8.128.020 Administrative Responsibility ------------------------------------------ 128-1
8.128.030 Director of Community Development and ---------------------------- 128-1
Department of Community Development------------------------------ 128-1
8.128.040 Zoning Administrator----------------------------------------------------- 128-2
8.128.050 Project Review Committee----------------------------------------------- 128-3
Chapter 8.132 Notice and Hearings
8.132.010 Purpose and Intent--------------------------------------------------------- 132-1
8.132.020 Public Hearing-------------------------------------------------------------- 132-1
8.132.030 Notice of Public Hearing-------------------------------------------------- 132-1
8.132.040 Consideration of Site Development Review and Variance----------- 132-2
8.132.050 Notice of Decision--------------------------------------------------------- 132-2
8.132.060 Director of Community Development Investigation------------------ 132-3
8.132.070 Public Hearing Procedure------------------------------------------------- 132-4
8.132.080 Action of the Community Development Director,
Zoning Administrator, and City Council------------------------------- 132-4
8.132.090 Action of the Planning Commission------------------------------------ 132-4
Chapter 8.136 Appeals
8.136.010 Purpose and Intent--------------------------------------------------------- 136-1
8.136.020 Appeal Subjects and Jurisdiction---------------------------------------- 136-1
8.136.030 No Appeal From Ministerial Actions----------------------------------- 136-1
8.136.040 Who May Appeal---------------------------------------------------------- 136-1
8.136.050 Filing Appeals-------------------------------------------------------------- 136-2
8.136.060 Processing Appeals-------------------------------------------------------- 136-2
8.136.070 Effect of Denial------------------------------------------------------------ 136-3
City of Dub/in Zoning Ordinance 9 September, 1997
TABLE OF CONTENTS
Chapter 8.140 Non-Conforming Structures and Uses PAGE NO.
8.140.010 Purpose and Intent-------------------------------------------------------- 140-1
8.140.020 Non-Conforming Structure---------------------------------------------- 140-1
8.140.030 Non-Conforming Structure Regulations------------------------------- 140-1
8.140.040 Non-Conforming Use----------------------------------------------------- 140-3
8.140.050 Non-Conforming Use Regulations-------------------------------------- 140-3
8.140.060 Building Permits or Certificates of Occupancy Prohibited---------- 140-4
8.140.070 Amortization---------------------------------------------------------------- 140-4
8.140.080 Illegal Structures and Uses------------------------------------------------ 140-4
8.140.090 Exemption------------------------------------------------------------------- 140-4
Chapter 8.144 Enforcement
8.144.010 Purpose and Intent--------------------------------------------------------- 144-1
8.144.020 Duty of the City Council-------------------------------------------------- 144-1
8.144.030 Duty of the City Manager------------------------------------------------- 144-1
8.144.040 Duty of the Department of Community Development--------------- 144-1
8.144.050 Compliance----------------------------------------------------------------- 144-1
8.144.060 Violations------------------------------------------------------------------- 144-2
8.144.070 Remedies-------------------------------------------------------------------- 144-2
8.144.080 Inspections------------------------------------------------------------------ 144-3
INDEX
City of Dub/in Zoning Ordinance 10 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
CHAPTER 8.04 TITLE, PURPOSE AND AUTHORITY
8.04.010 Title. This Title shall be known as the Zoning Ordinance of the City of
Dublin, Title 8 of the Dublin Municipal Code, hereafter referred to as the
"Ordinance".
8.04.020 Purpose. The purpose of this Ordinance is to promote and protect the
public health, safety, peace, comfort, convenience and general welfare and
to preserve and enhance the aesthetic quality of the City by providing
regulations to ensure an appropriate mix of land uses, and that each land
use relates properly to adjacent land uses in an orderly manner, and for the
following more particularly specified purposes:
A. Implement the Dublin General Plan and Specific Plans, and to guide and manage
the future growth of the city in accordance with those plans.
B. Protect, retain, and enhance the character and stability of existing development,
and to encourage orderly and beneficial new development.
C. Provide adequate light, air, privacy, and convenience of access to property, and to
secure safety from fire and other dangers.
D. Prevent overcrowding the land and undue congestion of the population.
E. Manage the distribution of population in accordance with the availability of the
natural resources, and public facilities and services necessary to support a growing
City.
F. Protect and preserve the natural environment of the City of Dublin.
G. Regulate the location, use, and design of buildings and land uses so as to reduce
hazards to the public resulting from the inappropriate location, use, or design of
buildings and land uses in relation to natural and built hazards and resources,
existing buildings and land uses, and the existing or prospective traffic
movements on the City's roadway system.
H. Attain the physical, social, and economic advantages resulting from
comprehensive and orderly land use and resource planning.
City of Dub/in Zoning Ordinance 4-1 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
8.04.030 Authority and General Plan Consistency.
A. This Ordinance is enacted based on the authority vested in the City of Dublin by
the State of California, including, but not limited to, the State Constitution,
Section 65000 and subsequent sections of the California Government Code, the
Housing Act, and the Health and Safety Code.
B. It is the policy of the City of Dublin that the Zoning Ordinance be used to
implement the General Plan and Specific Plans. The Dublin City Council intends
that this Ordinance be consistent with the Dublin General Plan and Specific Plans,
and that any land use or development approved in compliance with this Ordinance
also be consistent with the Dublin General Plan and applicable Specific Plans.
8.04.040 Applicability of the Zoning Ordinance. This Ordinance applies to all
land uses and development within the City of Dublin as follows:
A. New land uses, building permits, structures, and changes to them.
Compliance with all of the following requirements, to the satisfaction of the
Director of Community Development, is necessary for any person or public
agency to lawfully establish a new land use or structure, issue a building permit.
or to alter or replace any land use or structure:
The proposed land use must be allowed within the zoning district that
applies to the site.
2. The proposed use of land or structure, development, or related division of
land must be legal or non-conforming and satisfy all applicable
requirements and development regulations of this Ordinance, including but
not limited to lot area, lot square footage per dwelling unit, lot dimensions,
maximum residential use per lot, setbacks, distance between residences,
maximum lot coverage, common useable outdoor space, height limits, sign
regulations, and all other requirements of this Title.
3. Any Permit or other approval required by the applicable zoning district or
other provision of this Title must be obtained in compliance with the
requirements of this Ordinance and any applicable conditions of approval
of that Permit must be met to the satisfaction of the Director of
Community Development.
City of Dub/in Zoning Ordinance 4-2 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
B. Continuation of an existing land use or structure. It is unlawful and a
violation of the Dublin Municipal Code for anyone to maintain the use of a parcel
that violates any provision of Title 8; provided, however, a land use or structure
that was lawfully established before this Ordinance was enacted or before
enactment of any applicable amendment to this Ordinance, may continue,
provided no expansion or modification to said pre-existing non-conforming uses
or structures shall be permitted, except as allowed by Chapter 8.140, Non-
conforming Structures and Uses.
C. Subdivision of land. Any subdivision of land within the City of Dublin
occurring after the effective date of this Ordinance shall be consistent with the
minimum lot size requirements, lot square footage per dwelling unit requirements,
all other applicable requirements of this Ordinance, and with Chapter 9 of the
Dublin Municipal Code relating to subdivisions.
D. Effect of Zoning Ordinance changes on projects in progress. The enactment
of this Ordinance or amendments to its requirements may have the effect of
imposing different standards on new land uses, development and/or structures
than those that applied to existing land uses, development and/or structures.
Following the effective date of this Ordinance, or any amendments to this
Ordinance, the following provisions shall apply:
1. Pending applications. All land use permit applications that have been
determined by the Department to be complete before the effective date of
this Ordinance or any amendment, will be processed according to the
regulations in effect when the application was accepted as complete.
2. Approved projects not yet under construction. Any structure
authorized by an Conditional Use Permit, Site Development Review,
Temporary Use Permit, or Variance, for which construction has not begun
as of the effective date of this Ordinance or any amendment, may still be
constructed in compliance with the approved permit, as long as
construction is completed and the approved land use is established before
the expiration of the permit or, where applicable, before the expiration of
any approved time extension.
3. Projects under construction. A structure that is under construction
pursuant to a valid Building Permit on the effective date of this Ordinance
or any amendment, may be completed and need not be changed to satisfy
any new or different requirements of this Ordinance as long as
construction is beyond the approval of the first inspection on the effective
date of this Ordinance or any amendment, and provided that construction
City of Dub/in Zoning Ordinance 4-3 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
is diligently prosecuted to completion. Such a structure shall be deemed to
be a lawfully existing building.
4. Other requirements may still apply. Nothing in this Ordinance shall
eliminate the need for obtaining any other permits required by the City, or
any permit, approval or entitlement required by other chapters of the City
Municipal Code or by the regulations of any City Department or by any
County, regional, State, or Federal agency.
5. Permits, approvals, and licenses issued in compliance with Ordinance.
All permits and licenses shall be issued by the City in compliance with the
provisions of this Ordinance, after the effective date of this Ordinance or
any amendment. Any permit, approval, or license issued in conflict with
this Ordinance shall be void.
8.04.050 Responsibility for Administration. This Ordinance shall be
administered by the Dublin City Council, Planning Commission, Director
of Community Development, Zoning Administrator, and the Department
of Community Development, as provided in Chapter 8.128, Authority to
Administer Title 8.
8.04.060 Interpretation. The Director of Community Development is assigned the
responsibility and authority to interpret the requirements of this
Ordinance. This Section provides rules for resolving questions about the
meaning or applicability of any part of this Ordinance.
A. Language. The meaning and construction of words and phrases as set forth shall
apply throughout this Ordinance, except where the context of such words or
phrases clearly indicates a different meaning or construction. Definitions
contained in the Uniform Building Code shall be applicable except when in
conflict with definitions contained in this Ordinance, in which case the Zoning
Ordinance definition shall apply. The following general rules of construction
shall apply to the textual provisions of this Ordinance:
1. Headings. The section and subsection headings of this Ordinance do not
govern, limit, modify, or in any manner affect the scope, meaning or intent
of any provision of this Ordinance.
2. Illustrations. In case of any difference of meaning or implication
between the text of any provision and any illustration, the text of the
provision shall control.
City of Dub/in Zoning Ordinance 4-4 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
3. Shall, May, and Should. "Shall" is always mandatory and not
discretionary. "May" is permissive and discretionary. "Should" is
advisory and not mandatory.
4. Tense, Number, and Gender. Words used in the present tense include
the past and future tense. Words used in the singular include the plural,
and the plural the singular, unless the context clearly indicates the
contrary. The masculine and feminine genders are both inclusive of the
masculine, feminine, and neuter.
5. Conjunctions. Unless the context clearly indicates the contrary, the
following conjunctions shall be interpreted as follows:
"And" indicates that all connected items or provisions shall apply.
"Or" indicates that the connected items or provisions may apply singly or
in any combination.
"Either ... Or" indicates that the connected items or provisions shall
apply singly but not in combination.
6. Number of Days. Whenever a number of days is specified in this
Ordinance, or in any permit, condition of approval or notice issued or
given as provided in this Ordinance, such number of days shall be
construed as calendar days, except that such time limits shall extend to the
following working day where the last of the specified number of days falls
on a Saturday, Sunday or any City holiday.
7. Minimum Requirements. When interpreting and applying the
regulations of this Ordinance, all provisions shall be considered to be the
minimum requirements, unless stated otherwise.
8. Text Error. Where the Director of Community Development determines
through review of the public record of a City Council hearing and action
that the text of the Ordinance is in error, the Director of Community
Development shall have the authority to correct the error to make the
Ordinance text consistent with the action of the City Council.
B. Zoning District Boundaries. If there is uncertainty about the location of any
zoning district boundary shown on the official zoning map, the following rules are
to be used in resolving the uncertainty.
City of Dub/in Zoning Ordinance 4-5 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
1. Lot, alley or street lines. Where zoning district boundaries
approximately follow lot, alley, or street lines, the lot lines and street and
alley centerlines shall be construed as the district boundaries.
2. Divided parcel. If a zoning district boundary divides a parcel and the
boundary line location is not specified by distances printed on the zoning
map, the location of the boundary will be determined by using the scale
appearing on the zoning map.
3. Vacated or abandoned public street or alley. Where a public street or
alley is officially vacated or abandoned, the property that was formerly the
public street or alley will be included within the zoning district of the
adjoining property on either side of the centerline of the vacated or
abandoned public street or alley.
4. Physical feature. Where a zoning district boundary is shown as
approximately following a physical feature such as a stream, drainage
channel, topographic contour line, power line, or railroad right-of--way, the
boundary location shall be determined by the Director of Community
Development, based upon the character of the particular feature used as a
boundary.
5. Map Error. Where the Director of Community Development determines
through review of the public record of a City Council hearing and action
on a rezoning that a zoning district boundary, line, or other information on
the official zoning map has been drafted in error, the Director of
Community Development shall have the authority to correct the error to
make the official map consistent with the action of the City Council.
C. Permitted Uses of Land. If a proposed use of land is not specifically included in
Chapter 8.12, Zoning Districts And Permitted Uses of Land, Chapter 8.16,
Agricultural Zoning District, Chapter 8.20, Residential Zoning Districts, Chapter
8.24, Commercial Zoning Districts, and Chapter 8.28, Industrial Zoning Districts,
the use shall not be allowed, except as follows:
1. Permitted. The Director of Community Development may determine that
a proposed use not included in the Use Types permitted by the above
sections is permitted if the Director finds all of the following:
a. Characteristics and activities. The characteristics of, and
activities associated with the proposed use are in substantial
conformity with those of one or more of the uses included in the
Use Types permitted by the zoning district, and will not involve a
City of Dub/in Zoning Ordinance 4-6 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
higher level of activity, intensity, or population density than the
uses included in the Use Types permitted in the zoning district.
b. General Plan and Specific Plans. The proposed use will be
consistent with the goals, objectives and policies of the General
Plan and applicable Specific Plans.
c. Purpose and Intent of zoning district. The proposed use will
meet the purpose and intent of the zoning district that applies to the
site.
2. Treated in Same Manner. When the Director of Community
Development determines that a proposed, but unincluded, use is in
substantial conformity with an included and therefore permitted use, the
proposed use will be treated in the same manner as the included use in
determining where it is allowed, what permits or approvals are required
and what other standards and requirements of this Ordinance apply.
3. Referral to Planning Commission. The Director of Community
Development may refer questions about proposed but unincluded uses
directly to the Planning Commission for a determination at a public
hearing.
D. Conflicting Requirements.
1. Other Municipal Code provisions. If conflicts occur between
requirements of this Ordinance, or between this Ordinance and other
regulations of the City, the most restrictive shall apply.
2. General Plan, Specific Plans. Where conflicts occur between this
Ordinance and the General Plan or Specific Plans, the provisions of the
General Plan and the Specific Plan shall apply.
3. Private Agreements. It is not the intended that the requirements of this
Ordinance interfere with, repeal, abrogate or annul any easement,
covenant, or other agreement that existed when this Ordinance became
effective. Where this Ordinance imposes a greater restriction on the
development or use of structures or land than a private requirement, the
provisions of this Ordinance shall apply. Where a covenant or private
agreement imposes a greater restriction than this Ordinance, the provisions
of this Ordinance shall still apply without diminishing any private
agreements or restrictions. The City will not enforce any private covenant
or agreement unless it is a party to the covenant or agreement.
City of Dub/in Zoning Ordinance 4-7 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
E. Official Interpretations. Whenever the Director of Community Development
determines that the applicability or meaning of any of the requirements of this
Ordinance are unclear generally or as applied to a specific case, the Director of
Community Development may issue an official interpretation. Official
interpretations shall be:
In writing, and shall quote the provisions of this Ordinance being
interpreted, together with an explanation of their meaning or applicability
in the particular or general circumstances that caused the need for
interpretation.
2. Distributed to the City Council, Planning Commission, City Attorney,
City Clerk, and Department staff.
Any Ordinance provisions that are determined by the Director of Community
Development to be unclear (with the exception of text and map errors addressed
above) will be corrected by amending the Zoning Ordinance as soon as is
practical. Until amendments can occur, the Director of Community Development
shall maintain a complete record of all official interpretations, available for public
review, and indexed by the number of the Zoning Ordinance section that is the
subject of the interpretation.
F. Appeal and Referral. Any interpretations of this Ordinance by the Director of
Community Development may be appealed as provided in Chapter 8.136,
Appeals. The Director of Community Development may refer any interpretation
of this Ordinance to the Planning Commission for a decision at a public hearing.
8.04.070 Exemptions From Permit Requirements. The permit requirements of
this Ordinance do not apply to the following activities, uses of land and
structures, which are allowed in all zoning districts:
A. Decks, paths and driveways. Decks, platforms, on-site paths, and driveways
that are not required to have building or grading permits by the Municipal Code,
are not over 30 inches above the walking surface, and not over any basement or
story below.
B. Film and theater productions. Structures and related development required for
temporary motion picture, television and theater stage sets and scenery, and still
photographic sessions, provided that the development does not require alterations
of the natural environment, i.e., removal of vegetation, grading or earthwork.
C. Governmental activities. Activities of the City, State or an agency of the State,
or Federal Government on leased or federally owned land.
City of Dub/in Zoning Ordinance 4-8 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
D. Irrigation. The installation of irrigation lines.
E. Remodeling:
1. Interior changes. Interior alterations that do not result in an increase in
the number of rooms or the gross floor area within the structure, or a
change in the permitted use of the structure.
2. Single-Family and two-family dwellings. The remodeling of single-
family and two-family dwellings, provided that the proposed remodeling
is in compliance with all applicable regulations of this Ordinance.
F. Repairs and maintenance. Ordinary repairs and maintenance, if the work does
not result in any change in the approved land use of the site or structure, or the
addition to, enlargement or expansion of the structure, and if any exterior repairs
employ the same materials and design as originally used.
G. Retaining walls. Retaining walls (retaining earth only) that are not over four feet
in height measured from the bottom of the footing to the top of the wall and are
not required to have a grading permit.
H. School facilities. Certain school facilities as provided by Government Code
Sections 53091 et. seq.
I. Solar collectors. The addition of solar collection systems to the roofs of existing
structures.
J. Utilities. The erection, construction, alteration, or maintenance by a public utility
or public agency of underground or overhead utilities (i.e., water, gas, electric,
telecommunication, supply or disposal systems, including poles, towers, wires,
mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes,
traffic signals, etc.), but not including structures, shall be permitted in any zoning
district, provided that the route of any electrical transmission line(s) having the
potential of 50,000 volts or more shall be subject to City Council review and
approval prior to acquisition ofrights-of--way.
8.04.080 Other permits may be required. A permitted land use that has obtained
a required Permit may still be required to obtain other permits before the
building is constructed, or the use commenced, or otherwise established
and put into operation. Nothing in this Ordinance shall eliminate the need
to obtain any permits or approvals required by other provisions of the
Municipal Code, including but not limited to, building, grading, or other
construction permits if required, a business license if required, subdivision
approval if required, or any other permit required by a regional, State or
City of Dub/in Zoning Ordinance 4-9 September, 1997
TITLE, PURPOSE, AND AUTHORITY
Chapter 8.04
Federal agency. All necessary permits shall be obtained before starting
work or establishing new uses.
8.04.090 Joint Reference. Wherever a regulation is applied herein to any "A"
zoning district, it shall be understood to apply to any zoning district or
"zone" designated in Chapter 8.16, Agricultural Zoning District by the
primary symbol "A". Wherever a regulation is applied herein to any "R"
zoning district it shall be understood to apply to any zoning district or
"zone" designated in Chapter 8.20, Residential Zoning Districts by the
primary symbol "R". Wherever a regulation is applied herein to any "C"
zoning district it shall be understood to apply to any zoning district or
"zone" designated in Chapter 8.24, Commercial Zoning Districts by the
primary symbol "C". Wherever a regulation is applied herein to any "M"
zoning district it shall be understood to apply to any zoning district or
"zone" designated in Chapter 8.28, Industrial Zoning Districts by the
primary symbol "M". Wherever a regulation is applied herein to any
"PD" zoning district it shall be understood to apply to any zoning district
or "zone" designated in Chapter 8.32, Planned Development Zoning
Districts by the primary symbol "PD". The "A", "R", "C", and "M"
zoning districts shall be understood to apply to any "PD" or Planned
Development zoning district if the ordinance establishing the PD zoning
district references that zoning district or where that zoning district is the
most comparable zoning district as determined the Director of Community
Development.
8.04.100 Partial Invalidation of Zoning Ordinance. If any article, chapter,
section, subsection, paragraph, subparagraph, sentence, clause, phrase or
portion of this Ordinance is for any reason held to be invalid,
unconstitutional or unenforceable, these decisions shall not affect the
validity of the remaining portions of this Ordinance. The Dublin City
Council hereby declares that this Ordinance and each article, chapter,
section, subsection, paragraph, subparagraph, sentence, clause, phrase and
portion thereof would have been adopted irrespective of the fact that one
or more of the portions of the Ordinance be declared invalid,
unconstitutional or unenforceable.
City of Dub/in Zoning Ordinance 4-10 September, 1997
DEFINITIONS
Chapter 8.08
CHAPTER 8.08 DEFINITIONS
8.08.010 Purpose and Intent. The purpose and intent of this chapter is to provide
definitions of the terms and phrases used in this Title that are technical or
specialized, or that may not reflect common usage. Section 8.04.060,
Interpretation, determines how language used throughout the Title is
interpreted and sets forth general rules of construction that apply to the
textual provisions of this Title. Where any of the definitions in this
Chapter may conflict with definitions in the other chapters of the Dublin
Municipal Code, these definitions prevail for the purposes of this Title.
8.08.020 Definitions (A-Z)
9c x ~ ~ ~ 9c ~ x x ~ ~F ~'c x x ~ 9c x A * ~c x ~ x * x ~ x 9c x x x 3c ~'c ~ ~
Accessory Structure. The term Accessory Structure shall mean a detached structure or
building accessory and subordinate to a lawfully established Principal Structure on the
same lot, and such other accessory structures which are necessarily and customarily
associated with, and are appropriate, incidental, and subordinate to, such lawfully
established Principal Structure and which does not change the character of the Principal
Structure.
Adult Business Establishment (use type). The term Adult Business Establishment shall
mean establishments such as a Cabaret, Model Studio, Outcall Service Activity, Sex-
oriented Bookstore, Sex-oriented Hotel or Motel, Sex-oriented Motion Picture Arcade,
Sex-oriented Motion Picture Theater, Sexual Encounter Center, or other business or
establishment that offers its patrons services or entertainment characterized by an
emphasis on matter depicting, describing or relating to Specified Sexual Activities or
Specified Anatomical Areas, or any establishment, determined to be substantially similar
to the above by the Director of Community Development, but not those uses or activities,
the regulation of which is preempted by state law.
Agricultural Housing (use type). The term Agricultural Housing shall mean dwellings
and/or living quarters for farm laborers, or other types of dwellings determined to be
substantially similar to the above by the Director of Community Development.
Agricultural Housing shall not be in addition to a Caretaker Residence or a Farm Mobile
Home.
Agricultural Processing (use type). The term Agricultural Processing shall mean the
processing of crops after harvest, to prepare them for on-site marketing or processing and
packaging elsewhere, including but not limited to the following, provided that any of the
activities performed in the field with mobile equipment not involving permanent
buildings are included under "Crop Production": alfalfa cubing; corn shelling; cotton
City of Dub/in Zoning Ordinance 8-1 September, 1997
DEFINITIONS
Chapter 8.08
ginning; custom milling of flour, feed and, grain; custom grist mills; grain cleaning and
custom grinding; hay bailing and cubing; pre-cooling and packaging of fresh or farm-
dried fruits and vegetables, sorting, grading and packing of fruits and vegetables; tree nut
hulling and shelling; wineries and alcohol fuel production, and other agricultural
processing determined to be substantially similar to the above by the Director of
Community Development.
Ambulance Service (use type). The term Ambulance Service shall mean establishments
which provide for the basing and operation of ambulances serving the general public,
storage and maintenance of ambulances, an office necessary to manage the use, and
sleeping facilities for one ambulance crew. An Ambulance Service use shall not be used
as a permanent residence.
Animal Keeping -Agricultural (use type). The term Animal Keeping -Agricultural,
shall mean the keeping, feeding, and raising for commercial purposes of a maximum total
of 10 common farm animals such as horses, cattle, sheep, hogs, chickens, turkeys, or
goats, or other animals determined to be substantially similar to the above by the Director
of Community Development, on a parcel of at least five acres in size.
Animal Keeping -Commercial (use type). The term Animal Keeping -Commercial
shall mean the keeping, feeding and raising for commercial purposes of 100 or more
common farm animals such as horses, cattle, sheep, hogs, or goats, or other animals
determined to be substantially similar to the above by the Director of Community
Development, on a parcel of at least 50 acres in size. This definition does not include the
keeping of chickens, turkeys, ostriches, emus, or exotic birds in aviaries.
Animal Keeping -Residential (use type). The term Animal Keeping -Residential shall
mean the keeping, feeding and raising of more than two dogs or two cats, or the keeping
of livestock (as defined in Chapter 5.36.020 of the Dublin Municipal Code) as accessory
to any residence located in any Residential zoning district. Animal keeping must be
pursuant to a valid Animal Fanciers Permit as required by Chapter 5.36 of the Municipal
Code.
Animal Sales and Services (use type). The term Animal Sales and Services shall mean
establishments which sell animals or provide services related to animals including hay
and feed sales, animal grooming, animal hospital, animal sales, kennel, veterinarian,
veterinary clinic or hospital, and similar goods or services determined to be substantially
similar to the above by the Director of Community Development.
Arcade (use type). The term Arcade shall mean a place of business or establishment
containing five or more coin-operated amusements and/or electronic games, or other
amusements determined to be substantially similar to the above by the Director of
Community Development. Four or fewer coin-operated amusements and/or electronic
games are not considered a land use separate from the primary land use of the site.
City of Dub/in Zoning Ordinance 8-2 September, 1997
DEFINITIONS
Chapter 8.08
Artisan. The term Artisan shall mean individuals who make custom items for sale at
retail.
Arts and Crafts Fair (use type). The term Arts and Crafts Fair shall mean a temporary
event offering for sale goods and merchandise which are handmade or hand-crafted items
for sale by the original artist.
Auction Yard (use type). The term Auction Yard shall mean a facility where
merchandise, automobiles, trucks, recreational vehicles, boats and trailers, and other
vehicles or goods determined to be substantially similar to the above by the Director of
Community Development are sold at auction. Anyone wishing to conduct the business of
an auctioneer shall comply with the requirements of law and shall obtain a license as
required by Chapter 4.12 of the Municipal Code.
Automobile/Vehicle Brokerage (use type). The term Automobile/Vehicle Brokerage
shall mean a business wherein a broker arranges for the sale of automobiles or vehicles to
the customers of the brokerage. The Auto Brokerage shall be duly licensed by the
Department of Motor Vehicles. No automobiles or trucks shall be kept or displayed on
the premises for sale. One parking place shall be maintained for the display of the
automobile or vehicle sold when the customer picks up the automobile or vehicle.
Automobile/Vehicle Rental (use type). The term Automobile/Vehicle Rental shall
mean an establishment which rents automobiles, vans, trucks, recreational vehicles, and
utility trailers, and which services those vehicles as an accessory use. This use type may
include other types of vehicles which are substantially similar to the above as determined
by the Director of Community Development.
Automobile/Vehicle Repairs and Service (use type). The term Automobile/Vehicle
Repairs and Service shall mean establishments which repair, tow, and service
automobiles, trucks, boats, and recreational vehicles. The repair or service may include
body work, painting, engine and transmission repair, tire recapping and sales, alignment
services, coolant system repairs, machine shops, and other repairs or services determined
to be substantially similar to the above by the Director of Community Development.
This Use Type does not include Automobile/Vehicle Storage Lot, repair shop subordinate
to and maintained by an automobile dealership under Automobile/Vehicle Sales and
Service, or Salvage and Wrecking Yards.
Automobile/Vehicle Sales and Service (use type). The term Automobile/Vehicle Sales
and Service shall mean establishments, such as full-service automobile dealers, which sell
and service, as an accessory use, automobiles, trucks, recreational vehicles, boats and
trailers, and other vehicles determined to be substantially similar to the above as
determined by the Director of Community Development.
City of Dub/in Zoning Ordinance 8-3 September, 1997
DEFINITIONS
Chapter 8.08
Automobile/Vehicle Storage Lot (use type). The term Automobile/Vehicle Storage Lot
shall mean an establishment providing for the storage, behind a 6 foot high solid wall or
fence, of operable automobiles, trucks, recreational vehicles, boats and trailers, and other
vehicles determined to be substantially similar to the above as determined by the Director
of Community Development.
~~ 3c ~'c x x x~ x ~c x ~`c ~F x ~c x ~F B ~c x* x x x x~ ~c x x x~ x x x x
Banks and Financial Services (use type). The term Banks and Financial Services shall
mean financial institutions including: banks, credit unions, and trust companies; lending
and thrift institutions; credit agencies; brokers and dealers in securities and commodity
contracts; security and commodity exchanges; holding (but not predominantly operating)
companies; and other investment companies; vehicle finance (equity) leasing agencies;
and other similar uses determined to be substantially similar to the above by the Director
of Community Development.
Bed and Breakfast Inn (use type). The term Bed and Breakfast Inn shall mean a
transient lodging establishment (other than a hotel or motel) primarily engaged in
providing overnight or otherwise temporary lodging for the general public and may
provide meals to those receiving transient lodging.
Bird Keeping -Commercial (use type). The term Bird Keeping -Commercial shall
mean the keeping feeding and raising for commercial purposes of a total of 100 or more
chickens, turkeys, ostriches, emus, or exotic birds, or other birds determined to be
substantially similar to the above by the Director of Community Development, on a
parcel of at least 25 acres in size.
Block. The term Block shall mean that property abutting on one side of a Street or Road
which lies between the two nearest intersecting or intercepting Streets or Roads, or
between the nearest such cross Street or Road and an intersecting railroad right-of--way,
water course, body of water, or the end of the Street or Road.
Boarding House (use type). The term Boarding House shall mean asingle-family
dwelling where bedrooms are rented to five or more people and at least one common
meal is offered each day. A Boarding House is considered to be aMulti-Family Dwelling.
Building. The term Building shall mean any artifact constructed or erected, the use of
which requires attachment to the ground, or which is over 120 square feet in area or over
6 feet in height, or any Building that requires a building permit, but not including fences
or walls 6 feet or less in height, or concrete flat work such as patios or planters less than
12 inches in height. A vehicle regulated by the State Vehicle Act shall not be deemed to
be a Building.
City of Dub/in Zoning Ordinance 8-4 September, 1997
DEFINITIONS
Chapter 8.08
Building Materials Sales (use type). The term Building Materials Sales shall mean
indoor retail enterprises which sell building materials, tools, lumber, plumbing supplies,
hardware, drywall, lighting fixtures, flooring, paint, wallpaper, glass, fixtures, nursery
stock, lawn and garden supplies, (which may also be sold in hardware stores classified
under General Commercial use type). Includes all such stores selling to the general
public, even if contractor sales account for a larger proportion of sales. Building
Materials Sales may include other goods or services as determined to be substantially
similar to the above by the Director of Community Development. Establishments
primarily selling electrical, plumbing, heating, and air conditioning equipment and
supplies are classified under the Wholesaling and Distribution use type. Retail -Outdoor
Storage for Retail -Service uses is permitted pursuant to a Conditional Use Permit in the
C-1 and C-2 zoning districts per Chapter 8.12, Zoning Districts and Permitted Uses of
Land.
Building Site. The term Building Site shall mean the land area consisting of one or more
recorded Lots which constitute a unit, either under one Ownership or for use as a
condominium, which is to be considered as a site either occupied or to be occupied by a
Main Building or Building and Accessory Structures or by a Principal Use and Accessory
Uses together with the Yards, open spaces and parking and loading spaces required by
this Title.
x ~F ~ ~ x x x ~ ~'c ~ ~ ~'c ~ ~ ~'c ~ x C'' x ~'c ~c ~c ~ ~'c ~ ~c ~ ~'c x x ~ ~'c * ~ x
Cabaret. The term Cabaret shall mean a bar, nightclub, theater or other establishment
which features live performances by topless and/or bottomless dancers, "go-go" dancers,
exotic dancers, strippers, or similar entertainers, where such performances are
distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas," (as defined below), for observation by patrons therein, or
any such use type or performer or act determined to be substantially similar to the above
by the Director of Community Development. See Adult Business Establishment.
Car Wash/Detailing (use type). The term Car Wash/Detailing shall mean an enterprise
which cleans and details automobiles, either mechanically or by hand, or which provides
facilities for customers to clean the cars themselves, or other service determined to be
substantially similar to the above by the Director of Community Development.
Caretaker Residence (use type). The term Caretaker Residence shall mean permanent
or temporary housing that is secondary or accessory to the primary use of the property.
Such dwellings are used for housing a caretaker employed full-time on the site of a non-
residential use where a caretaker is needed for security purposes or to provide 24-hour
care or monitoring of facilities, equipment, or other conditions on the site. A Caretaker
Residence shall not be in addition to Agricultural Housing or a Farm Mobile Home.
City of Dub/in Zoning Ordinance 8-5 September, 1997
DEFINITIONS
Chapter 8.08
Carnival (use type). The term Carnival shall mean an event intended to serve a public
need by providing a community service or special entertainment event for the Dublin
community which is normally only provided as a temporary and/or seasonal activity.
Cemeteries, Columbariums and Mortuaries (use type). The term Cemeteries,
Columbariums and Mortuaries shall mean interment establishments engaged in
subdividing property into cemetery lots and offering burial plots or air space for sale.
Includes animal cemeteries; cemetery, mausoleum, crematorium and columbarium
operations; and full-service funeral parlors, whether accessory to or separate from a
cemetery or columbarium.
Christmas Tree Sales Lot (use type). The term Christmas Tree Sales Lot shall mean a
temporary establishment which sells Christmas trees and accessories.
Commercial Vehicle. The term Commercial Vehicle shall mean a vehicle of a type
required to be registered under the California Vehicle Code and used or maintained for
the transportation of persons for hire, compensation, or profit or designed, used, or
maintained for the transportation of property. This includes but is not limited to buses;
trucks exceeding 8 feet in height and/or 20 feet in combined total length or towed
equipment, or weighing over 10,000 pounds; or other vehicles which are substantially
similar to the above as determined by the Director of Community Development.
Common Useable Open Space. The term Common Useable Open Space shall mean
minimum useable open space within the area of a Building Site designed and reserved for
outdoor living, recreation, pedestrian access and landscaping. The calculation of
Common Useable Open Space shall be made by deducting from the total area of the
building site
a. Maximum Lot Coverage.
b. Paved parking areas, driveways and maneuvering areas.
c. Areas having a slope in excess of 20%.
d. Any open space less than 10 feet in its smallest dimension.
To this remainder should be added any roof-top or outside deck space more than 7 feet in
its smallest dimension which is directly accessible, and safely useable, by occupants of
the residence(s).
Community Care Facility/Large (use type). The term Community Care Facility/Large
shall mean a 24-hour residential facility providing care for seven or more persons
including the elderly, persons in an alcoholism or drug abuse recovery or treatment
facility, persons in a facility for mentally disordered, handicapped persons or dependent
City of Dub/in Zoning Ordinance 8-6 September, 1997
DEFINITIONS
Chapter 8.08
and neglected children, persons in an intermediate care facility/developmentally disabled-
habilitative, intermediate care facility/developmentally disabled-nursing, and congregate
living health facilities. A Community Care Facility may be located in any type of
residence.
Community Care Facility/Small (use type). The term Community Care Facility/Small
shall mean a 24-hour residential facility providing care for six or fewer persons including
the elderly, persons in an alcoholism or drug abuse recovery or treatment facility, persons
in a facility for mentally disordered, handicapped persons or dependent and neglected
children, persons in an intermediate care facility/developmentally disabled-habilitative,
intermediate care facility/developmentally disabled-nursing, and congregate living health
facilities. A Community Care Facility may be located in any type of residence. A
Community Care Facility for six or fewer persons shall be considered a residential use of
property.
Community Clubhouse (use type). The term Community Clubhouse shall mean a
facility or rooms used by members of an organized club, lodge, union, homeowners
association, or society.
Community Facility (use type). The term Community Facility shall mean any of the
following uses or buildings: Place of Worship, rectory or convent; school attendance at
which satisfies the requirements of the Compulsory Education Law of the State; library;
college; university; public utility building or uses; pipelines and transmission lines, park-
and-ride lots, publicly-owned storage garage, repair shop, or corporation yard; water
extraction and/or storage facility; wirelss communications and cellular telephone cell
sites; or other similar use or structure determined to be substantially similar to the above
by the Director of Community Development.
Conditional Approval. The term Conditional Approval shall mean the approval of a
Conditional Use Permit, Site Development Review, or Variance application subject to
conditions adopted by the City Council, Planning Commission, Zoning Administrator, or
Director of Community Development.
Conditional Use Permit. The term Conditional Use Permit is defined in Chapter
2.12.060 of the Dublin Municipal Code.
Copying and Blueprinting (use type). The term Copying and Blueprinting shall mean
establishments engaged in printing by letterpress, lithography, gravure, screen, offset or
other common process including electrostatic (xerographic) copying and other "quick
printing" services; and establishments serving the printing trade such as bookbinding and
laminating, typesetting, or other service determined to be substantially similar to the
above by the Director of Community Development.
City of Dub/in Zoning Ordinance 8-7 September, 1997
DEFINITIONS
Chapter 8.08
Crop Production (use type). The term Crop Production shall mean agricultural
production, vine or tree farm, truck garden, plant nursery, commercial greenhouse, apiary,
horticulture, vineyard, hopyard, and associated crop preparation and harvesting activities
on a minimum acreage of 5 acres, or any other type of agriculture determined to be
substantially similar to the above by the Director of Community Development.
x * ~F x ~ c ~ c ~ ~k x x ~ x 3c x ~'c x ~c D * ~'c x x ~'c x ~'r ~'c * * ~F x ~ x ~c ~ ~
Dance Floor (use type). The term Dance Floor shall mean a dance floor on which is
held, conducted, or allowed a public dance on premises open to the public which is at
least 120 square feet in size and which provides for a minimum of four and one-half feet
distance between the dance floor and any counter or bar, or stools in connection
therewith. A dance permit is required by Chapter 5.52 of the Municipal Code.
Day Care Center (use type). The term Day Care Center shall mean any child day care
facility other than a Large Family Day Care Home or a Small Family Day Care Home
(Day care centers accommodate 15 or more children).
Days. The term Days, whenever a number of days is specified in this Title, or in any
permit, approval, condition of approval or notice issued or given as provided in this Title,
such number of days shall mean and be construed as calendar days, except that such time
limits shall extend to the following working day where the last of the specified number of
days falls on a Saturday, Sunday or any City holiday.
Deck. The term Deck shall mean an outdoor activity area consisting of a wood and/or
concrete platform that is elevated at least 12 inches above the surrounding finish grade,
and is unenclosed other than by a railing.
Department. The term Department shall mean the City of Dublin Department of
Community Development.
Development. The term Development shall mean any construction activity or alteration
of the landscape, its terrain contour or vegetation, including the erection or alteration of
buildings or structures, or the establishment of a land use. New development shall mean
any Development which occurs after the effective date of this Title.
Development Project. The term Development Project shall mean a proposed project
requiring the approval of the City of Dublin in order to proceed to completion.
Developer. The term Developer shall mean the qualified applicant for a development
project. One who has a legal or equitable interest in the real property which is the subject
of the Development Project application. An authorized agent of the qualified applicant.
City of Dub/in Zoning Ordinance 8-8 September, 1997
DEFINITIONS
Chapter 8.08
Discretionary Action. The term Discretionary Action shall mean an action or approval
of a Permit which requires the exercise of judgment or deliberation when the City decides
to approve or disapprove a Permit as distinguished from situations where the City merely
has to determine whether there is conformity with applicable statutes, ordinances, or
regulations.
Drive-In/Drive-Through Business (use type). The term Drive-In/Drive-Through
Business shall mean an establishment or business activity where sales or service activity
is predominantly rendered to patrons who normally receive the product or utilize the
service, at least in part, through an outside service window while in automobiles upon the
premises. This definition includes drive-through oil changing facilities, drive-through car
washes, drive-through restaurants, drive-through coffee bazs, drive-through rental or sale
of movies or software, and drive-through bank tellers and other uses determined to be
substantially similaz to the above by the Director of Community Development.
Driveway. The term Driveway shall mean a vehicle accessway extending from a road or
street to a building or structure, vehicle parking or delivery azea, or pedestrian drop-off
point on the site of a land use, or between such azeas on a site.
Duplex (use type). See Multi-Family Residence.
Dwelling or Dwelling Unit. The term Dwelling or Dwelling Unit shall mean one or
more habitable rooms that are designed and/or used as independent living quarters for one
family, with facilities for living, eating and sleeping, with no more than one kitchen
facility consisting of one or more of the following: sink, cooking facility or refrigerator
(except that two kitchens are allowed where the habitable floor azea of the dwelling is
8,000 square feet or larger), and at least one bathroom, and where all such habitable areas
have access to each other from within the building. Any detached structure or portion of
a dwelling which has a sepazate entry and is separate from that dwelling, containing a full
bathroom including a water closet, basin, and shower or bathtub or containing a half
bathroom including a water closet and basin, the area of which half bathroom exceeds 20
squaze feet, shall also be considered a dwelling or dwelling unit.
~* x x x x ~c ~c x x~ ~'c ~ x ~'c x x Ej x ~c ~c x x x x x~ ~F x x~~~~~
Eating and Drinking Establishment (use type). The term Eating and Drinking
Establishment shall mean restaurants, banquet facilities, bazs, and taverns and other
establishments selling prepazed foods and drinks for on-premise consumption, as well as
drive-through restaurants, lunch counters and refreshment stands selling prepared food
and drinks for either immediate or off-premise consumption, or other purveyors
determined to be substantially similar to the above by the Director of Community
Development.
City of Dub/in Zoning Ordinance 8-9 September, 1997
DEFINITIONS
Chapter 8.08
Equipment and Materials Storage Yard (use type). The term Equipment and
Materials Storage Yard shall mean a yard enclosed by a solid view-obscuring fence or
wall and used for the storage of materials and equipment used for construction or to be
installed on the property of the purchaser. This use type includes equipment rental yards
and other uses determined to be substantially similar to the above as determined by the
Director of Community Development.
x 9c x x ~c x x x x~~ ~'c ~c x x~ x Fj x x 3c x ~F x~~~*~ x ~'c ~ x x x
Family. The term Family shall mean one or more persons occupying a dwelling and
living as a single, non-profit housekeeping unit, as distinguished from a group occupying
a hotel, club, fraternity or sorority house. A family includes any servants and four or
fewer boarders.
Farm Mobile Home (use type). The term Farm Mobile Home shall mean a mobile
home as defined in this Title which is used for the housing of a full-time employee (and
family) of the farm on which it is located where that farm has a minimum size of 50 acres
and where it can be demonstrated that security cannot be obtained by existing single
family dwelling occupancy.
Farmer's Market (use type). The term Farmer's Market shall mean events offering for
sale produce, food items, and related goods and merchandise by certified growers
authorized to sell, directly to consumers, products which are produced on land the
producer controls.
Fence. The term Fence shall mean a barrier constructed of wood or other materials
which is intended to demarcate a boundary, separate land uses, secure animals, enclose
property, or exclude people and animals from a designated area.
FestivaUStreet Fair (use type). The term Festival/Street Fair shall mean Festivals,
Neighborhood/Place of Worship/School Festivals, and Street Fairs of anot-for-profit
nature allowed as a temporary use.
Fireworks Sales (use type). The term Fireworks Sales shall mean the temporary sale of
fireworks.
Flag Lot. The term Flag Lot shall mean a lot which complies with the development
regulations required by the zoning district in which it is located but which does not have
direct frontage on a road or street, and which is connected to a road or street by a narrow
fee ownership appendage, not over 400 feet in length nor less than 20 feet in width, that is
primarily used to provide access to the building site on the lot.
City of Dub/in Zoning Ordinance 8-10 September, 1997
DEFINITIONS
Chapter 8.08
Floor Area. See Gross Floor Area
Floor Area Ratio. The term Floor Area Ratio shall mean the Gross Floor Area permitted
on a site divided by the total net area of the site.
Fortunetelling (use type). The term Fortunetelling shall mean telling of fortunes,
forecasting of futures or furnishing of any information not otherwise obtainable by the
ordinary process of knowledge, by means of any occult, psychic power, faculty, force,
clairvoyance, clairaudience, cartomancy, psychology, psychometry, phrenology, spirits,
tea leaves, or other such reading, mediumship, seership, prophesy, augury, astrology,
palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards,
talisman, charm, potion, magnetism, magnetized article or substance, gypsy cunning or
foresight, crystal gazing, oriental mysteries or magic, of any kind or nature or by any
other means determined to be substantially similar to the above by the Director of
Community Development, where such activities are undertaken for pay. A permit for
fortunetelling is required by Chapter 4.08 of the Municipal Code.
Future Right-Of--Way Line. The term Future Right-Of--Way Line shall mean aright-of-
way line established by the City of Dublin to determine special building setbacks from
certain street or highway rights-of--way, including future road rights-of--way. In any case
where a Future Right-Of--Way Line is established, the Front Setback shall be measured
from the Future Right-Of--Way Line instead of the existing right-of--way line.
~c x ~ ~ x x ~'c x 3c x x ~ ~'c x ~ ~ x G'' x x ~ ~ 3: ~c x ~ ~ ~ x x ~ ~ ~ ~ ~
Garage/Yard Sale (use type). The term Garage/Yard Sale shall mean the temporary sale
of used household or personal articles held on the seller's own residential premises, also
referred to as a yard sale or rummage sale, or other type of sale of personal articles
determined to be substantially similar to the above by the Director of Community
Development.
General Plan. The term General Plan shall mean the City of Dublin General Plan,
including all elements thereof and all amendments thereto, as adopted by the City
Council pursuant to Section 65300 et.seq. of the California Government Code.
Grade. The term Grade shall mean the vertical location of the ground surface, as
follows:
a. Existing or natural grade: The contour of the ground surface before
grading.
b. Rough grade: The stage at which the grade approximately conforms to
an approved grading plan.
City of Dub/in Zoning Ordinance 8-1 1 September, 1997
DEFINITIONS
Chapter 8.08
c. Finish grade: The final terrain contour of a site that conforms to an
approved grading plan. Where there is no approved grading plan, Finish
Grade is the lowest point of elevation of the finished surface of the ground
between the exterior wall of a building and a perimeter drawn five feet
distant from said wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of a building and the
property line if it is less than five feet distant from said wall, whichever is
lowest. In the case of walls parallel to and within five feet of a public
sidewalk, alley, or other public way, the Finished Grade shall be the
elevation of the sidewalk, alley, or public way.
Greenhouse. The term Greenhouse shall mean an accessory structure; which is clearly
subordinate, incidental, and accessory to, the principal residential use on the same site;
with transparent or translucent roof and/or wall panels intended for the non-commercial
raising of plants. See Chapter 8.40, Accessory Structures and Uses.
Gross Floor Area. The term Gross Floor Area shall mean the floor area, including the
total floor area of each floor and of all buildings on a site, including internal circulation
(halls, lobbies, stairways, elevator shafts, enclosed porches, and balconies, etc.), storage
and equipment space, as measured from the outside faces of the exterior walls.
Guesthouse. The term Guesthouse shall mean a structure with a sleeping space,
detached from, and clearly subordinate, incidental, and accessory to, a principal residence
on the same site. A Guesthouse may include a bathroom and other living space, but not
kitchen facilities, and shall not be rented or otherwise used for residential occupancy
independent from the principal residence. See Chapter 8.40, Accessory Structures and
Uses.
~ ~e x ~c x x x x~~ x x x~~ x x L7 ~ x x x~ x x ~ x~ ~c x x ~c ~ x ~:
Health Services/Clinics (use type). The term Health Services/Clinics shall mean service
establishments primarily engaged in providing outpatient medical, mental health, surgical
and other personal health services including: medical, dental, psychiatric, medical and
health care such as acupressurists, acupuncturists, chiropractors, chiropodists, dentists,
doctors of oriental medicine, herbalists, medical doctors, physical therapists, podiatrists,
psychiatrists, optometrists, or other health professionals determined to be substantially
similar to the above by the Director of Community Development. Clinics may include
accessory retail pharmacies.
City of Dub/in Zoning Ordinance 8-12 September, 1997
DEFINITIONS
Chapter 8.08
Hedge. The term Hedge shall mean a compact screen formed of evergreen plants.
Height. The term Height shall mean the height limits for buildings and structures and
shall be measured as the vertical distance from the highest point of the structure to the
average of the highest and lowest points where the exterior walls touch the natural grade.
Home Occupation (use type). The term Home Occupation shall mean the gainful
employment of the occupant of a dwelling in a limited commercial activity, with such
employment activity being incidental and subordinate to the residential use of the
property.
Horse Stable/Riding Academy (use type). The term Horse Stable/Riding Academy
shall mean a facility for the boarding, keeping, feeding, and breeding, training and
exhibiting of a maximum of 5 horses per acre, and for teaching horseriding, and where no
horses are kept for hire by the hour, on a parcel of at least 10 acres in size.
Horsekeeping (use type). The term Horsekeeping shall mean the keeping of a maximum
two horses on a parcel of a minimum of one acre in size.
HospitaUMedical Center (use type). The term Hospital/Medical Center shall mean
hospitals and similar establishments primarily engaged in providing diagnostic services,
extensive medical treatment including surgical and other hospital services. Such
establishments have an organized medical staff, in-patient beds, and equipment and
facilities to provide comprehensive health care. This Use Type includes residential
establishments providing nursing and health related care as a principal use with in-patient
beds, such as: skilled nursing facilities (facilities providing care for physically or
mentally disabled persons, where care is less than that provided by an acute care facility),
extended care facilities, convalescent and rest homes, board and care homes. This Use
Type may also include accessory retail pharmacies, and emergency heliports.
Hotel (use type). The term Hotel shall mean guest rooms or suites, provided with or
without meals or kitchen facilities, rented to the general public for overnight or other
temporary lodging for 30 days or less. Hotels provide access to most guest rooms from
an interior walkway. Also includes accessory guest facilities such as swimming pools,
tennis courts, indoor athletic facilities, etc.
Household Hazardous Waste Collection Facility. The term Household Hazardous
Waste Collection Facility shall mean a facility which meets the requirements of Article
10.8 of the State Health and Safety Code.
City of Dub/in Zoning Ordinance 8-13 September, 1997
DEFINITIONS
Chapter 8.08
Housemover's Storage Lot (use type). The term Housemover's Storage Lot shall mean
an establishment providing for the storage, behind a solid view-obscuring fence or wall,
of homes and other structures determined to be substantially similar to the above by the
Director of Community Development, that have been moved from their original location.
x x~ x x x~ x x x x x~ ~c x x x j ~'c x x x x x 3c x x~~ x x x x x x
Impound Yard (use type). The term Impound Yard shall mean an establishment which
stores operable vehicles which have been towed to the yard. An impound yard shall be
located behind a solid view-obscuring fence or wall. This use type does not include
storage of inoperable or wrecked vehicles or include a salvage yard or wrecking yard.
Industrial-Heavy (use type). The term Industrial- Heavy shall mean a broad range of
industrial uses including manufacturing, wholesale distribution, and warehousing, and
accessory restaurant and retail sales to serve the industrial area only. These uses must
conform to the Industrial Performance Standards of this Title.
Industrial-Light use type). The term Industrial-Light includes manufacturing,
processing, assembly, high technology, research and development and storage uses
conducted indoors, accessory restaurant and retail sales to serve the industrial area only,
and other uses determined to be substantially similar to the above by the Director of
Community Development. These uses must conform to the Industrial Performance
Standards of this Title.
Industrial Transfer/Storage/TreatmentFacility (use type). The term Industrial
Transfer/Storage/TreatmentFacilityshafl mean any hazardous waste management facility
which isnot asmall-scale transfer facility or a residuals repository. This facility category
includes but is not limited to: a. Manifested waste transfer station; b. Recycling facility; c.
Aqueous treatment facility; d. Stabilization and solidificationfacility; and
e. Bioremediation.
Inhabitable Space. The term Inhabitable Space shall mean that portion of a building
which is in an R-1 or R-3 occupancy as defined by the Uniform Building Code.
Inoperable Vehicle. See Vehicle -Inoperable.
~+cx~~~c~~3c~'cxxxxx~F~x Jxxx~x9c*xx~xx~~~xx
~ ~F ~ xr. x~ ~'c x x x x x x~ x x K x x x x x~~ ~'c ~c ~ x x x x x x x
Kennel. The term Kennel shall mean a facility for the raising, boarding, and keeping of
dogs and/or cats four months of age or older. See Animal Sales and Services.
City of Dub/in Zoning Ordinance 8-14 September, 1997
DEFINITIONS
Chapter 8.08
Key Lot. The term Key Lot shall mean the first lot to the rear of a Corner Lot, the Front
Lot Line of which is a continuation of the Side Lot Line of the Corner Lot.
x x* ~'c x x ~c ~c x~~ x~ x x 3c ~ L ~c x x ~c ~'c x ~c ~* x x x x~ x ~c x
Laboratory (use type). The term Laboratory shall mean small laboratory establishments
(10,000 square feet or less of Gross Floor Area) including medical laboratories, dental
laboratories, and uses determined to be substantially similar to the above by the Director
of Community Development. This Use Type does not include uses engaged in
manufacture of products for commercial sale or distribution (see Reseazch and
Development Laboratory), and any uses which produce or aze found likely to produce any
smoke, dust, odors, glare or vibrations observable outside the building or portion thereof.
Large Family Day Care Home (use type). The term Lazge Family Day Care Home
shall mean a home which provides family day care to 9 to 14 children, inclusive,
including children under the age of 10 yeazs who reside in the home.
Lot. The term Lot shall mean any of the following:
a. A pazcel of real property shown on a subdivision or plat map, required by the
Subdivision Map Act (or local ordinance adopted pursuant thereto) to be recorded before
the sale, lease, or financing of pazcels shown on the map or plat, at the time the map or
plat was recorded.
b. A parcel of real property that has been issued a Certificate of Compliance
pursuant to California Government Code Section 66499.35 provided that any applicable
conditions of the Certificate have been complied with.
c. A parcel of real property not described in a. or b. above, provided the parcel
resulted from a separate conveyance or from a decree of a court of competent jurisdiction
that was either recorded before the requirement of the filing of a subdivision map by the
Subdivision Map Act or a local ordinance adopted pursuant thereto or was exempt
therefrom.
d. When referring to a lot in a mobile home park or recreational vehicle park, any
area designated or used for the occupancy of one mobile home, travel trailer, recreational
vehicle, or camping parry.
Lot Depth. The term Lot Depth shall mean the horizontal distance measured along a line
generally parallel to the Side Lot Lines between the Front Lot Line and the Rear Lot Line
or where Side Lot Lines intersect. If either Side Lot Line has any angular change of
direction, Lot Depth shall be measured along a straight line starting from the midpoint of
City of Dub/in Zoning Ordinance 8-15 September, 1997
DEFINITIONS
Chapter 8.08
the Front Lot Line so as to bisect the front half of the Lot, and extending to the Rear Lot
Line.
Lot Frontage. The term Lot Frontage shall mean the frontage of a Lot measured from
Side Lot Line to Side Lot Line along the Front Lot Line.
Lot Line. The term lot line shall mean any boundary of a lot. Where adjacent to a public
right-of--way a lot line shall be the Street right-of--way line shown on a recorded
subdivision map or, when established, a Future Right-Of--Way Line. Where adjacent to a
private right-of--way a lot line shall be the boundary of the private right-of--way.
Lot Line, Front. The term Front Lot Line shall mean a line separating the parcel from
the Street right-of--way line, Future Right-Of--Way Line, or boundary of private right-of-
way. On corner lots, the Front Lot Line shall be the shortest lot line abutting a street in
residential zoning districts and the longest lot line abutting a street in
commerciaUindustrial zoning districts. If the lot lines on a corner lot are equal in length,
the Front Lot Line shall be determined by the Director of Community Development. On
a Through Lot, the Front Lot Line shall be the lot line abutting the street providing the
primary access to the lot.
Lot Line, Interior. The term Interior Lot Line shall mean any lot line not abutting a
street.
Lot Line, Rear. The term Rear Lot Line shall mean a lot line, not intersecting a Front
Lot Line, which is most distant from and most closely parallel to the Front Lot Line. In
the case of an irregularly shaped lot or a lot bounded by only three lot lines, a line within
the lot having a length of 10 feet, parallel to and most distant from the Front Lot Line
shall be interpreted as the Rear Lot Line for the purpose of determining required yards,
setbacks, and other provisions of this Title.
Lot Line, Side. The term Side Lot Line shall mean a lot line intersecting a Front Lot
Line and a Rear Lot Line which is parallel to and adjacent to another lot.
Lot Line, Street Side. The term Street Side Lot Line shall mean a lot line intersecting a
Front Lot Line, Rear Lot Line, or Side Lot Line, which is also either the Street right-of-
way line, Future Right-Of--Way Line, or boundary of the private right-of--way.
Lot Types. Figure 8-1 shows examples of the following lot types: corner, cul-de-sac,
through lot, flag lot, interior, and key lot.
City of Dublin Zoning Ordinance 8-16 September, 1997
DEFINITIONS
Chapter 8.08
Figure 8-1
~-
w
rRONT SETBACK/YARD
® REAR SETBACY./YARD
City of Dublin Zoning Ordinance 8-17 September, 1997
~'~:~~ SIDE SETBACK/YARD STREET SIDE SETBACK/YARD
DEFINITIONS
Chapter 8.08
Lot Width. The term Lot Width shall mean the horizontal distance between Side Lot
Lines, measured at right angles to the line along which lot depth is measured, at a point
midway between the Front and Rear Lot Lines.
x~ x is ~ x x~ x x x x x x ~F ~ x M x x x x x x~ x x x x~ x~ 9c x x
Main Building. See Principal Structure.
Main Structure. See Principal Structure.Main Use. See Principal Use.
Manufactured Home. The term Manufactured Home shall mean a home that was
manufactured off-site and installed on-site.
Massage. The term Massage shall mean any method of pressure on or friction against, or
stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external
parts of the body with the hands or with the aid of any mechanical or electrical apparatus
or appliance, with or without such supplementary aids as rubbing alcohol, liniment,
antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly
used in this practice. (Municipal Code. Chapter 4.20.10)
Massage Establishment (use type). The term Massage Establishment shall mean any
establishment having a fixed place of business where any person engages in or carries on
or permits to be engaged in or carried on any of the activities included in the definition of
"Massage". Any establishment engaged in or carrying on, or permitting any combination
of massage and bathhouse shall be deemed a massage establishment. A Conditional Use
Permit shall not be required for a Massage Establishment if it is located within a hospital,
nursing home, or sanitarium, or for persons holding an unrevoked certificate to practice
the healing arts under the laws of the State of California, or persons working under the
direction of any such persons in any such establishments, nor shall it be required for
barbers or cosmetologists lawfully carrying out their particular profession or business and
holding a valid, unrevoked license or certificate of registration issued by the state of
California.
Maximum Lot Coverage. The term Maximum Lot Coverage shall mean the maximum
lot area which may be covered with buildings and structures. Buildings and structures
include all land covered by Principal Buildings, garages and carports, Accessory
Structures, covered decks and gazebos, and other enclosed and covered areas; but not
standard roof overhangs, cornices, eaves, uncovered decks, swimming pools, paved areas
such as walkways, driveways, patios, uncovered parking areas or roads. All areas of
coverage are computed in terms of net lot area at ground level.
City of Dub/in Zoning Ordinance 8-18 September, 1997
DEFINITIONS
Chapter 8.08
Mini-Storage (use type). The term Mini-Storage shall mean storage or warehousing
service within a building(s) primarily for individuals to store personal effects and by
businesses to store material for operation of an industrial or commercial enterprise
located elsewhere. Incidental uses in amini-storage may include the repair and
maintenance of materials stored by the tenant but in no case may storage spaces in a
Mini-storage facility function as an independent retail, wholesale, business or service use.
Ministerial Action. The term Ministerial Action shall mean an action or approval of a
Permit where the City merely has to determine whether the permit is in conformity with
applicable statutes, ordinances, or regulations as distinguished from situations where the
City must exercise judgment or deliberation pursuant to any provisions of this Title.
Mobile Home (use type). The term Mobile Home shall mean a vehicle designed and
equipped for human habitation, and for being drawn behind a vehicle. Such mobile home
must either be constructed after September 15, 1971, and issued an insignia of approval
by the California Department of Housing and Community Development and permanently
located on a permanent foundation system, or be constructed after July 15, 1976, and
issued an insignia of approval by the U.S. Department of Housing and Urban
Development and permanently located on a permanent foundation system, or other type
of housing determined to be substantially similar to the above by the Director of
Community Development.
Mobile Home/Manufactured Home Park (use type). The term Mobile
Home/Manufactured Home Park shall mean the development or subdivision of an
existing parcel, or contiguous parcels, of land for the purpose of separate sale, lease or
financing to allow the installation of mobile homes or manufactured homes.
Model Studio. The term Model Studio shall mean an establishment where, for any form
of consideration or gratuity, figure models who display "specified anatomical areas" (as
defined below) are provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by patrons paying such consideration or gratuity, or
any establishment, determined to be substantially similar to the above by the Director of
Community Development. See Adult Business Establishment.
Motel (use type). The term Motel shall mean guest rooms or suites, provided with or
without meals or kitchen facilities, rented to the general public for overnight or other
temporary lodging for less than 30 days. Motels provide access to most guest rooms
from an exterior walkway. Also includes accessory guest facilities such as swimming
pools, tennis courts, indoor athletic facilities, etc.
Multi-Family Residence (use type). The term Multi-Family Residence shall mean a
building or a portion of a building used and/or designed as residences for two or more
families living independently of each other. Includes: halfplex structures (a halfplex is a
City of Dublin Zoning Ordinance 8-19 September, 1997
DEFINITIONS
Chapter 8.08
single residential unit that is half of atwo-unit building where a property line separates
the two units); duplexes, triplexes, and fourplexes (detached buildings under one
ownership with two, three, or four residential units (respectively) in the same building);
and apartments (five or more units under one ownership in a single building); attached
unit projects such as condominiums and townhouses; and Boarding House. This use type
may include other residential types determined to be substantially similar to the above by
the Director of Community Development.
x z': x ~'c x x x ~c 3c ~*~~ x 9c x~ N x~ x $c x 3c ~'c x x x~ x x~ ~c ~'c x
Newspaper Recycling Bin (use type). The term Newspaper Recycling Bin shall mean a
single newspaper recycling bin, used for the deposit or collection of newspapers by the
general public, sponsored by a Dublin-based bona-fide place of worship, school,
neighborhood group or Dublin-based non-profit, non-restrictive civic or service
organization, and on the location of a lawfully existing principal use.
~ ~ x x x x ~F ~ * ~ x x ~ x x ~ x O x ~ ~ x ~ x ~ ~c 3c ~ ~ x x ~c ~ ~ x
Office -Contractor's (use type). The term Office -Contractor's shall mean businesses
that are characterized by the installation of materials or equipment on the property of the
purchaser. Equipment and materials are stored indoors in this use type.
Office - ProfessionaVAdministrative (use type). The term Office -
ProfessionaUAdministrative shall mean an office or office building for the conduct of
business, administration or professional services, where these activities do not include the
manufacture, storage, display except for samples, or sale at retail of any merchandise on
the premise, including but not limited to the following types of occupancy: accountant,
advertising agency, architect, attorney, broker (stock and bond), business consultant,
business management, chiropodist, chiropractor, collecting agency, dentist, employment
agency, engineer, financial services, industrial management, insurance, landscape
architect, loan agency, medical doctor, mortgage company, optometrist, osteopath,
philanthropic or charitable organization, public utilities, real estate, sales representative,
secretarial, telephone answering, travel agent, telecommuting center or other uses
determined to be substantially similar to the above by the Director of Community
Development.
Office Trailer-Commercial (use type). The term Office Trailer-Commercial shall mean
the occupancy of a commercial office trailer during the period of construction or
remodeling of a permanent commercial or industrial structure(s), for which a valid
building permit is in force, in any Commercial or Industrial zoning district.
One-Family Dwelling. See Single-Family Residence.
City of Dub/in Zoning Ordinance 8-20 September, 1997
DEFINITIONS
Chapter 8.08
Outcall Service Activity. The term Outcall Service Activity shall mean any
establishment or business which provides an outcall service which consists of individuals
leaving the premises upon request or by appointment to visit other premises for a period
of time for the purpose of providing any service during which time Specified Anatomical
Areas are displayed or Specified Sexual Activities occur. See Adult Business
Establishment.
Outdoor Mobile Vendor (use type). The term Outdoor Mobile Vendor shall mean a
person who sells or offers to sell any type of merchandise, including food and beverages,
on an ongoing basis, at a fixed location on private property other than within a building or
structure constructed on a permanent foundation.
Outdoor Sales By An Established Dublin Business (use type). The term Outdoor
Sales By An Established Dublin Business shall mean an outdoor event which offers for
sale goods and merchandise which are of the same type as the merchandise sold in the
established indoor business at the site.
Outdoor Seating (use type). The term Outdoor Seating shall mean outdoor seating for
the purposes of dining for patrons of an Eating and Drinking Establishment.
Ownership. The term Ownership shall mean that a person or persons, firm, corporation,
or partnership owns a parcel of land identified on the last equalized assessment roll in fee,
or possesses the parcel under a contract to purchase or under a lease, whereby such
property is under single or unified control. Such person or persons, firm, corporation, or
partnership shall be deemed an owner of that land.
x ~ 9c ~F ~ ~ ~ ~ ~k ~c ~ ~ ~ x ~'c ~ ~ P x x * ~ x ~ x x ~ ~ ~ x x ~'c ~ ~
Parcel. See Lot.
Parking Lot/Garage -Commercial (use type). The term Parking Lot/Garage -
Commercial shall mean a facility or enterprise in a commercial zone, whether on a lot or
in a structure, which provides parking services for motor vehicles for a fee.
Parking Lot -Residential (use type). The term Parking Lot -Residential shall mean an
off-site parking lot in a residential area permitted only to fulfill the residential parking
requirements of this Title for a use on an abutting lot or lots.
Peddler. The term Peddler shall mean and include any person, whether a resident of the
City of Dublin or not, traveling by foot, automotive vehicle, or any other type of
conveyance, from place to place, from house to house, carrying, conveying or
transporting goods, wares, merchandise, publications, or other personal property or
services offering and exposing the same for sale, or making sales; and further provided,
City of Dub/in Zoning Ordinance 8-21 September, 1997
DEFINITIONS
Chapter 8.08
that one who solicits orders and as a separate transaction makes deliveries to purchasers
as part of a scheme or design to evade the provisions of Chapter 4.16 of the Municipal
Code relating to Peddlers, shall be deemed a "peddler" subject to the provisions of
Chapter 4.16 of the Municipal Code. The word "peddler" shall include the words
"hawker", "huckster", "canvasser", and "solicitor" and terms deemed substantially
similar to the above by the Director of Community Development.
Permit. The term Permit shall mean a permit approved by either a Discretionary Action
or Ministerial Action which permits a structure or use regulated by this Title.
Person. The term Person shall mean any individual, firm, co-partnership, corporation,
company, association, joint stock association; city, county, state, or district; and includes
any trustee, receiver, assignee, or other similar representative thereof.
Personal Services (use type). The term Personal Services shall mean a barber shop, nail
salon, beauty parlor, tanning salon, self-service laundry (coin-operated), full-service
laundry (not a dry cleaning plant) or other service determined to be substantially similar
to the above by the Director of Community Development.
Place of Worship. The term Place of Worship shall mean a facility operated for worship
or promotion of religious activities, including but not limited to churches, mosques,
synagogues and religious "Sunday-type schools"; and child day care facilities where
authorized by the same type of land use permit required for the place of worship itself and
which meet the requirements of this Title. Other establishments maintained by religious
organizations, such as full-time educational institutions, hospitals and other potentially
related operations are not included in this use type. See Community Facility.
Plant Nursery (use type). The term Plant Nursery shall mean a commercial agricultural
establishment engaged in the production of ornamental plants and other nursery products,
grown under cover or outdoors. Also includes establishments engaged in the sale of such
products (e.g., wholesale and retail nurseries) and commercial scale greenhouses (home
greenhouses are included under Accessory Structures and Uses Regulations. The sale of
house plants or other nursery products entirely within a building is also included under
"General Retail Sales".
Principal Building. The term Principal Building (or structure) shall mean a building or
structure being occupied by the Principal Use on the site. In any residential zoning
district, any dwelling shall be considered the principal building on the site.
Principal Use. The term Principal Use (or main use) shall mean the primary purpose for
which a building, structure or lot is designed, arranged or intended, or for which they may
be used, occupied or maintained under this Title.
City of Dub/in Zoning Ordinance 8-22 September, 1997
DEFINITIONS
Chapter 8.08
Printing and Publishing (use type). The term Printing and Publishing shall mean
establishments such as large commercial printers, businesses that publish newspapers,
books and periodicals, (whether or not they do their own printing), and establishments
manufacturing business forms and binding devises. This use type may include any other
service determined to be substantially similar to the above by the Director of Community
Development
Public Park. The term Public Park shall mean a park, playground, swimming pool,
athletic field, or public parkway which is under the control, operation, or management of
the City of Dublin or Alameda County.
Public Utility. The term Public Utility shall mean a company regulated by the California
Public Utilities Commission or a governmental or quasi-governmental entity with an
elected governing body which provides utility services.
Pumpkin Sales Lot (use type). The term Pumpkin Sales Lot shall mean a temporary
establishment which sells pumpkins.
~ * ~ x x x x x x ~ x ~ ~ x ~'c ~'c x (1 x ~k ~ x x ~c x x x ~ ~ x 3c ~c ~ ~ ~
x~~ x x x ~c ~ ~c ~ x x ~c x ~c * x R x x ~c x x x ~'c ~ ~'c ~~ ~'c x ~'c x ~c x
Recreational Facility/Indoor (use type). The term Recreational Facility/Indoor shall
mean establishments providing amusement, entertainment, or physical fitness services
typically occurring indoors for a fee or admission charge, such as, but not limited to:
arcades containing coin-operated amusements and/or electronic games (five or more such
games or coin-operated amusements in any establishment constitutes an arcade pursuant
to this definition, four or less are not considered a land use separate from the primary land
use of the site); cazd rooms, billiard and pool halls, bowling alleys; lazer tag businesses;
ice skating and roller skating; dance studios/schools; fitness centers, gymnasiums, health
and athletic clubs including indoor sauna, spa or hot tub facilities; martial arts studios;
tennis, handball, racquetball, ice rinks, indoor archery and shooting ranges, indoor soccer
or hockey facilities, swimming pools, theaters (other than adult business establishments),
auditoriums, and other indoor sports activities determined to be substantially similar to
the above by the Director of Community Development. Recreational Facility/Indoor
does not include a dance floor.
Recreational Facility/Outdoor (use type). The term Recreational Facility/Outdoor shall
mean establishments providing amusement, entertainment, or physical fitness services
typically occurring outdoors for a fee or admission chazge, such as, but not limited to:
golf courses, driving ranges, hunting and shooting clubs, country clubs, mini-grand prix
courses, miniature golf parks, amusement parks, recreational vehicle parks, baseball or
City of Dub/in Zoning Ordinance 8-23 September, 1997
DEFINITIONS
Chapter 8.08
football stadiums, swimming pools, and other outdoor sports activities determined to be
substantially similar to the above by the Director of Community Development.
Recreational Vehicle. The term Recreational Vehicle shall mean a motorhome, travel
trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area
overhangs the cab, camping trailer, or tent trailer, with or without motive power.
Recycling Facility -Commercial (use type). The term Recycling Facility -Commercial
shall mean an indoor or outdoor commercial recycling facility for the purpose of
collecting, sorting, and temporarily storing glass, metals and other reusable materials.
The Term Recycling Facility -Commercial does not include any processing activity, nor
does the term include a Newspaper Recycling Bin.
Repair Shop (use type). The term repair shop shall mean an establishment which
specializes in the repair of cameras, electric appliances, shoes, watches, vacuums,
shavers, clocks, jewelry, televisions, stereophonic equipment, video equipment, electronic
equipment, computer equipment, radios, re-upholstery and furniture and other types of
repair determined to be substantially similaz to the above by the Director of Community
Development. This Use Type does not include repair or services incidental and accessory
to retail sales. Does not include businesses serving the repair needs of heavy equipment.
Research and Development Laboratory (use type). The term Research and
Development Laboratory shall mean establishments, lazger than 10,000 squaze feet in
Gross Floor Area, which are involved in industrial, scientific, medical or other types of
reseazch, the development of products for eventual sale, and the manufacture of products
for commercial sale or distribution. This use includes offices incidental to the work being
done and indoor storage of materials and equipment. These uses must conform to the
Industrial Performance Standards of this Title.
Residential Use Secondary to Commercial Use (use type). The term Residential Use
Secondary to Commercial Use shall mean a residence located above the ground floor
commercial uses.
Retail -General (use type). The term Retail -General shall mean retail trade
establishments selling many lines of new and used merchandise directly to consumers.
Such types of stores and lines of merchandise include but aze not limited to: artist's
supplies, artisan, auto parts (not auto repair or machine shops or any non-retail auto
services) bicycles, books, cameras and photographic supplies, clothing and accessories,
department stores, drug and discount stores, dry goods, fabrics and sewing supplies,
florists and houseplant stores (indoors or if enclosed by a partition), general stores, gifts,
groceries, handicraft items, hazdwaze, hobby materials, jewelry, locksmith, luggage and
leather goods, mini-marts, musical instruments, novelties and souvenirs, newsstands,
orthopedic supplies, parts and accessories, pet store, religious goods, small wares,
specialty shops, sporting goods and equipment, stationery, toys and games, thrift stores,
City of Dub/in Zoning Ordinance 8-24 September, 1997
DEFINITIONS
Chapter 8.08
and variety stores, and other goods determined to be substantially similar to the above by
the Director of Community Development. Retail sales shall not include sales of new or
used automobiles, trucks, recreational vehicles, boats or trailers, nor shall it include auto
brokerages.
Retail -Neighborhood (use type). The term Retail -Neighborhood shall include retail
sales which are compatible with nearby residential areas. Typical uses include but are not
limited to a store for sale at retail of books, clothing, drugs, flowers, food, furniture,
hardware, nurseries, musical goods, pets and supplies, photographic supplies, packaged
liquor, variety goods or household supplies, and retail sales of auto parts directly to the
public, but not to include parts machining or any non-retail services, or any other type of
retail determined to be substantially similar to the above by the Director of Community
Development.
Retail -Outdoor Storage (use type). The term Retail -Outdoor Storage shall mean
outdoor storage and sales of materials for Retail -General, and Retail -Service uses such
as the sale of building materials, fertilizer, gardening supplies, lumber, and plants.
Retail -Service (use type). The term Retail -Service shall mean retail trade
establishments and non-industrial services that may require larger sites, may have outdoor
storage (subject to a Conditional Use Permit), may create objectionable noises or smells,
or may be visually unappealing. Retail -Service establishments s include but are not
limited to: building materials sales, caterers, air-conditioning shops, plumbers shops,
lumberyards; "Big-Box" discount warehouses such as Costco, Price Club, Office Depot,
and Home Depot; large commercial nurseries, dry cleaning plants, and other goods and
services determined to be substantially similar to the above by the Director of
Community Development.
Road or Street. The term Road or Street shall mean aright-of--way, easement or
prescriptive right-of--way belonging to the City of Dublin; a state highway; a private road,
easement, or prescriptive right-of--way; and which is customarily used for automobile
travel and for providing vehicular access to abutting property.
~ x ~ ~ x ~ x ~ ~ ~ x ~F x * ~ ~ x S' x x ~ ~ ~ x x x x ~ ~ ~ ~ 9c ~ x ~
Salvage and Wrecking Yards (use type). The term Salvage and Wrecking Yards shall
mean the use of more than 200 square feet outside of a building on any lot for the
handling or storage of scrap metal, paper, rags, or discarded, salvaged or waste materials
of any kind. The term includes automobile wrecking yards; used lumber yards; junk
yards and storage of salvaged house wrecking and structural steel materials and
equipment. This term does not include yards for the sale of operable used cars or
machinery, Auction Yards, or the incidental processing of used or salvaged materials
where permitted as part of a lawful manufacturing or industrial use on the same premises.
City of Dub/in Zoning Ordinance 8-25 September, 1997
DEFINITIONS
Chapter 8.08
School -Commercial (use type). The term School -Commercial shall mean a private
business, beauty, cooking, or trade school of anon-recreational nature, or other school
which is determined to be substantially similar to the above by the Director of
Community Development, located in a commercial zone, and which charges a fee for
attendance. Facilities which teach sports or recreation such as martial arts or gymnastics
are addressed by the Recreational Facility/Indoor Use Type. Public schools are addressed
by the Community Facility Use Type.
Second Unit (use type). The term Second Unit shall mean a residential unit with a
separate kitchen, sleeping, and bathroom facilities, which is a part of, an extension to, or
detached from, a detached single-family residence, and which is subordinate to the
principal residence.
Service Station (use type). The term Service Station shall mean retail establishments
selling gasoline, which may also provide lubrication, oil change and tune-up services and
the sale of automotive products, incidental to gasoline sales. This Use Type may also
include accessory towing, minor mechanical repair services and trailer rental, and the
accessory sales of food, gifts, etc. and may include additional services and goods
determined to be substantially similar to the above as determined by the Director of
Community Development. A mini-mart may only be combined with a Service Station in
the C-1 and C-2 zoning districts (see Retail -General). This Use Type does not include
the.storage of wrecked or abandoned vehicles, paint spraying, body and fender work. For
automobile repair services, see Automobile Repairs and Service use type.
Setback. The term Setback shall mean the required distance that a building, structure or
other designated item must be located from a lot line.
Setback, Front: The term Front Setback shall mean an area encompassing the Front
Yard as defined in this Title. The Front Setback is measured at right angles to the Front
Lot Line.
Setback, Rear: The term Rear Setback shall mean an area encompassing the Rear Yard
as defined in this Title. The Rear Setback is measured at right angles to the Rear Lot
Line.
Setback, Side: The term Side Setback shall mean an area encompassing the Side Yard as
defined in this Title. The Side Setback is measured at right angles to the Side Lot Line.
Setback, Street Side. The term Street Side Setback shall mean an area encompassing the
Street Side Yard as defined in this Title. The Street Side Setback is measured at right
angles to the Street Side Lot Line.
City of Dub/in Zoning Ordinance 8-26 September, 1997
DEFINITIONS
Chapter 8.08
Sex-oriented Bookstore. The term Sex-oriented Bookstore shall mean an establishment
having a substantial or significant portion of its stock in trade of books, magazines,
periodicals, software, videotapes, or other material that is distinguished or characterized
by its emphasis on matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical azeas," (as defined below), or any establishment, matter, or
material determined to be substantially similar to the above by the Director of
Community Development. See Adult Business Establishment.
Sex-oriented Hotel or Motel. The term Sex-oriented Hotel or Motel shall mean a hotel,
motel or other overnight lodging establishment, which provides, through closed circuit
television or other media, material which is distinguished or chazacterized by an emphasis
on matter depicting, describing, or relating to "specified sexual activities" or "specified
anatomical azeas," (as defined below), for observation by patrons therein, or any
establishment, determined to be substantially similaz to the above by the Director of
Community Development. See Adult Business Establishment.
Sex-oriented Material. The term Sex-oriented Material relative to adult businesses shall
mean and include, but not be limited to, accessories, books, magazines, pamphlets,
photographs, prints, drawings, paintings, motion pictures, softwaze, and video tapes, or
any combination thereof, or any other material determined to be substantially similar to
the above by the Director of Community Development.
Sex-oriented Motion Picture Arcade. The term Sex-oriented Motion Picture Arcade
shall mean any place to which the public is permitted or invited wherein coin or slug-
operated or electronically, electrically, or mechanically controlled still or motion picture
machines, projectors, computers, or other image-producing devices aze maintained to
show images to five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by an emphasis on depicted or describing
"specified sexual activities" or "specified anatomical areas," (as defined below), for
observation by patrons therein, or any establishment, determined to be substantially
similar to the above by the Director of Community Development. See Adult Business
Establishment.
Sex oriented Motion Picture Theater. The term Sex-oriented Motion Picture Theater
shall mean an enclosed or unenclosed building or structure or portion thereof used for
presenting material in the form of motion picture film, video tape, slides or other similar
means, which is distinguished or characterized by an emphasis on matter depicting,
describing, or relating to "specified sexual activities" or "specified anatomical areas," (as
defined below), for observation by patrons therein, or any establishment, determined to
be substantially similar to the above by the Director of Community Development. See
Adult Business Establishment.
City of Dub/in Zoning Ordinance 8-27 September, 1997
DEFINITIONS
Chapter 8.08
Sexual Encounter Center. The term Sexual Encounter Center shall mean any business,
agency or person who, for any form of consideration or gratuity, provides a place where
three or more persons, not all members of the same family, may congregate, assemble or
associate for the purpose of engaging in "specified sexual activities" or exposing
"specified anatomical areas", or any establishment, determined to be substantially similar
to the above by the Director of Community Development. See Adult Business
Establishment.
Shopping Center (use type). The term Shopping Center shall mean a commercial
development on a single parcel or contiguous parcels, containing five or more retail
stores, service uses, or other tenants, where each have individual entrances from a
common public area such as a parking lot, mall corridor or atrium. Also includes such
commercial developments where individual tenant spaces are subdivided as a commercial
condominium, with parking and pedestrian circulation areas owned in common.
Single-Family Residence (use type). The term Single-Family Residence shall mean a
building designed for and/or occupied exclusively by one family. Also includes factory-
built housing, modular housing, manufactured housing, mobile homes, and the rental of
bedrooms within asingle-family dwelling to no more than four borders. A residence with
more than four boarders constitutes a boarding house, which is included within the
definition of "Multi-Family Residence".
Small-Scale Transfer and Storage Facility (use type). The term Small-Scale Transfer
and Storage Facility shall mean facilities with wastestreams small enough to be exempt
from manifest requirements as described in California Health and Safety Code, Division 20,
Chapter 6.5, Article 6. Wastes from any given generator must not exceed a total volume of
five gallons or a total weight of 50 pounds. A household hazardous waste collection facility
is considered to be a small-scale transfer and storage facility.
Small Family Day Care Home (use type). The term Small Family Day Care Home
shall mean a home which provides family day care to 8 or fewer children, including
children under the age of 10 who reside in the home. A Small Family Day Care Home
shall be considered a residential use of property. No permits or business license are
required.
Specified Anatomical Areas. The term Specified Anatomical Areas shall mean:
a. Less than completely and opaquely covered human genitals or pubic
region, buttock, female breast below a point immediately above the top of
the areolae; and/or,
b. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
City of Dub/in Zoning Ordinance 8-28 September, 1997
DEFINITIONS
Chapter 8.08
Specified Sexual Activities. The term Specified Sexual Activities shall mean:
a. Human genitals in a state of sexual stimulation or arousal;
b. Acts of human masturbation, sexual intercourse, or sodomy;
Fondling or other erotic touching or sexual stimulation of human genitals,
pubic region, buttock, or female breasts.
Storage Container (use type). The term Storage Container shall mean a manufactured
trailer or container used for the storage of materials.
Storage of Petroleum Products for On-Site Use (use type). The term Storage of
Petroleum Products for On-Site Use shall mean the storage of such materials as gasoline,
diesel fuel and petroleum lubricants for use by an approved commercial or industrial
enterprise on the same site, including but not limited to the purposes of commercial or
industrial vehicle or equipment fueling and maintenance.
Story. The term Story shall mean that portion of a building included between the upper
surface of any floor and the upper surface of the floor next above it except that the
topmost story shall be that portion of a building included between the upper surface of the
topmost floor and the ceiling or roof above. If the finished floor level directly above a
basement, cellar, underground garage, or unused underfloor space is more than 6 feet
above Finish Grade as defined herein for more than 50% of the perimeter described in the
definition of Finish Grade or is 12 or more feet above Finish Grade at any point, such
basement, cellar, underground garage, or unused underfloor space shall be considered a
Story.
Street Right-Of--Way Line. The term Street Right-Of--Way-Line shall mean aright-of-
way line shown on a recorded subdivision map. The Street Right-Of--Way Line defines
where a public right-of--way ends and private property begins. Unless otherwise provided
in this Title, Street Side Yards and Front Yards are measured from the Street Right-Of-
Way line, the Future Right-Of--Way Line, or private right-of--way, whichever is more
restrictive.
Structural Alteration. The term Structural Alteration shall mean any change to the
supporting members of a building, such as bearing walls, columns, beams, or girders.
Structure. See Building.
Structure -Non-Conforming. The term Structure -Non Conforming shall mean a
structure that was legally constructed prior to the effective date of this Ordinance but
which does not conform to the current provisions of the zoning district in which it is
located.
City of Dub/in Zoning Ordinance 8-29 September, 1997
DEFINITIONS
Chapter 8.08
Swimming Pool. The term Swimming Pool shall mean a body of water, created by
artificial means designed or used for swimming or other immersion purposes, any portion
of which is 2 feet deep or more. It includes a fish pond, wading pool, hot tub, or spa.
x x x~ x x ~'c x ~c ~ x x ~c x x x x 'I' ~ x x x x x 3c ~ x x x~ x* ~c x x
Temporary Construction Trailer (use type). The term Temporary Construction Trailer
shall mean the occupancy of a construction trailer during the period of construction of the
buildings on a development site, on the same premises.
Temporary MobileHome/Manufactured Home (use type). The term Temporary
Mobile Home/Manufactured Home shall mean the occupancy of a Mobile
Home/Manufactured Home during construction of permanent living quarters for which a
valid building permit is in force, on the same premises.
Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk
Sale)(use type). The term Temporary Outdoor Sale Not Related To On-Site Established
Business (Sidewalk Sale) shall mean a temporary outdoor sale of goods by an established
Dublin business, at the site of that business, of goods and merchandise which are of the
same and type as the goods and merchandise sold indoors by the business. The
temporary outdoor sale of goods is not normally offered at such sites but could be in
order to provide a public service or convenience. Such temporary outdoor sale of goods
does not include a "flea-market" type sale of used or outdated goods.
Through Lot. The term Through Lot shall mean a lot with frontage on two generally
parallel streets.
Tract and Sales Office/Model Home Complex (use type). The term Tract and Sales
Office/Model Home Complex shall mean tract and sales offices and model home
complexes within approved developments, and accessory signs, landscaping, and parking
facilities. This temporary use is in effect during the period of construction and original
sale of the buildings or lots in a new development.
City of Dub/in Zoning Ordinance 8-30 September, 1997
DEFINITIONS
Chapter 8.08
Traffic Visibility Area. The term Traffic Visibility Area shall mean an area on a corner
lot formed by measuring 30 feet from the intersection of two Street Side Lot Lines and
connecting the two points as shown in Figure 8-2. ,
'EA
w
w 3
o'
ACK OF CURB
Figure 8-2
Trucking Terminal (use type). The term Trucking Terminal shall mean an area and
building, with five or more truck bays, where cargo is stored and where trucks load and
unload cargo on a regular basis.
~ ~c * ~'c 9c ~ ~'c ~ ~ x x x 9c ~ ~F ~c x U 9c x x ~ c x x ~ x ~ ~ do ~ v'c ~'c ~ ~k
Use. The term Use shall mean the purpose for which land or premises or a Building is
designed, arranged, or intended, or for which it is or may be occupied, maintained, let, or
leased.
City of Dub/in Zoning Ordinance 8-31 September, 1997
DEFINITIONS
Chapter 8.08
Use -Accessory. The term Use -Accessory shall mean a subordinate use accessory to a
lawfully established Principal Use on the same lot, such other accessory uses which are
necessarily and customarily associated with, and are appropriate, incidental and
subordinate to, such lawfully established Principal Use and which does not change the
character of the Principal Use.
Use -Permitted. See Use -Principal.
Use -Non-Conforming. The term Use -Non-Conforming shall mean a use of a structure
or land that was legally established (as a permitted or conditional use) prior to the
effective date of this Ordinance but which does not conform to the current provisions of
the zoning district in which it is located.
Use -Principal. The term Use -Principal shall mean land uses listed as being permitted
in a given zoning district, or when permitted pursuant to an approved Conditional Use
Permit in a given zoning district.
Use Type. The term Use Type shall mean general categories of uses that are defined
herein and permitted or conditionally permitted in zoning districts by Chapter 8.12,
Zoning Districts and Permitted Uses of Land.
x x x x x x x x x x* x x x x x x ~j x x x x x x x x x x x x x x x x x
Vehicle -Inoperable. The term Vehicle -Inoperable shall mean any car, motorhome,
truck, van, boat, commercial vehicle, or other vehicle in the opinion of the Director of
Community Development is substantially similar to the above, that is not currently
registered and/or is not operable and clearly cannot be readily made operable, because of
damage, missing parts or any other condition that precludes its use.
Vehicle Storage Yard -Commercial (use type). The term Vehicle Storage Yard -
Commercial shall mean an establishment which stores operable commercial vehicles.
x x~ xxxx x x x x xxxx x x ~J x x x X x x x x x x x x x x x x x
Wall. See Fence.
Warehousing and Distribution (use type). The term Warehousing and Distribution
shall mean establishments engaged in warehousing, wholesaling, selling merchandise to
retailers, industrial, commercial, institutional, farm, or professional business users, or to
other wholesalers; or acting as agents or brokers in buying merchandise for or selling
merchandise to such persons or companies, or mail-order businesses requiring
warehousing facilities. This Use Type includes such establishments as: merchant
City of Dub/in Zoning Ordinance 8-32 September, 1997
DEFINITIONS
Chapter 8.08
wholesalers; agents, merchandise or commodity brokers, and commission merchants;
assemblers, buyers and associations engaged in the cooperative marketing of farm
products; stores primarily selling electrical, irrigation, plumbing, heating and air
conditioning supplies and equipment, and tile; bottling works and similar uses determined
to be substantially similar to the above by the Director of Community Development.
This use does not include discount warehouses such as a Costco, Price Club, Office
Depot, Home Depot or other similar establishments which are included under the Retail -
Service Use Type.
~ x~~ x x x ~F x ~'c ~ x x x x~~ X ~c x x x ~c x x~ x x ~'c ~'c ~ x~~ x
x x x x x x x x x x x x~ x x ~k ~k y x x ~'c * x~ ~'c ~~~ 7c x~ x x x~
Yard. The term Yard shall mean an open space on a lot, other than a court, unobstructed
and unoccupied from the ground upward, except as permitted by this Ordinance.
Yard, Front. The term Front Yazd shall mean an area extending across the full width of
the lot between the Front Lot Line and a structural setback line parallel thereto. The
determination of Front Yards for corner lots shall be as described for Front Lot Line
above. On Flag Lots, the Front Yard location shall be determined through project review.
Yard, Side. The term Side Yard shall mean an area extending from the required Front
Yard to the required Rear Yard and from the Side Lot Line to a structural setback line
parallel thereto.
Yard, Rear. The term Rear Yard shall mean an area extending across the full width of
the lot between the Rear Lot Line and a structural setback line parallel thereto. On Flag
Lots, the Rear Yard location shall be determined through project review.
Yard, Street Side. The term Street Side Yard shall mean an area extending from the
required Front Yard to the required Rear Yard and from the Street Side Lot Line to a
structural setback line parallel thereto.
~ x ~ * i c x x ~ ~F ~ x x ~ ~F ~ * ~ Z ~'c ~ x x x ~ ~ ~ * ~'c x ~ ~ ~ x ~ ~
Zero lot line development. The term Zero lot line development shall mean a residential
project where dwelling units on individual lots of record are located so that they abut one
Side Lot Line, with only one Side Yard setback.
Zoning Ordinance. The term Zoning Ordinance shall mean the Zoning Ordinance of the
City of Dublin and Title 8 of the Dublin Municipal Code.
City of Dub/in Zoning Ordinance 8-33 September, 1997
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
CHAPTER 8.12 ZONING DISTRICTS AND PERMITTED USES OF LAND
8.12.010 Purpose. The purpose of this Chapter is to establish zoning districts, adopt an official
Zoning Map, show equivalent zoning districts between the new Zoning Ordinance and
the former Zoning Ordinance, determine permitted land uses and conditionally
permitted land uses, and establish decisionmaker authority for such conditionally
permitted land uses.
Intent. The intent of this Chapter is to ensure the protection of the public health, safety,
and welfare; and to classify and regulate the use of land, buildings and structures within
the City of Dublin that will consistently implement the General Plan and specific plans.
8.12.020 Zoning Districts Established. The City of Dublin shall be divided into zoning districts
which consistently implement the General Plan and specific plans. The following
zoning districts (which may be commonly referred to as "Zones") are established, and
shall be shown on the official Zoning Map, Section 8.12.030.
A Agricultural Zoning District
R-1 Single Family Residential Zoning District
R-2 Two Family Residential Zoning District
R-M Multi-Family Residential Zoning District
PD Planned Development Zoning District
C-O Commercial Office Zoning District
C-N Neighborhood Commercial Zoning District
C-1 Retail Commercial Zoning District
C-2 General Commercial Zoning District
M-P Industrial Park Zoning District
M-1 Light Industrial Zoning District
M-2 Heavy Industrial Zoning District
8.12.030 Zoning Map Adopted.
A. The boundaries of the zoning districts established by Section 8.12.020 shall be shown upon the
map designated as the "City of Dublin Zoning Map" (hereafter referred to as the "Zoning
Map", on file with the City Clerk, and available at the Department of Community
Development.
B. The Zoning Map, together with all legends, symbols, notations, references, zoning district
boundaries, map symbols, and other information on the map has been adopted by the City
Council in compliance with Government Code Sections 65800 et seq., and is hereby
incorporated into this Ordinance by reference as though it were fully set forth here.
City of Dub/in Zoning Ordinance 12-1 September, 1997
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
C. The Zoning Map shall implement the adopted General Plan and specific plans.
D. Amendments to the Zoning Map shall follow the process established in Chapter 8.120, Zoning
Ordinance Amendment.
8.12.040 Zoning District Conversion Table. The following zoning district conversion table
shows the equivalent zones of the new Zoning Ordinance and of the former Zoning
Ordinance:
New Zoning Ordinance
A Agricultural District
Former Zoning Ordinance
A Agricultural District
R-1 Single Family Residential District R-1 Single Family Residence District
R-2 Two Family Residential District R-2 Two Family Residence District
R-M Multi-Family Residential District R-3 Four Family Dwelling District
R-M Multi-Family Residential District R-4 Multiple Residence District
PD Planned Development District PD Planned Development District
C-O Commercial Office District C-O Administrative Off ce District
C-N Neighborhood Commercial District C-N Neighborhood Business District
C-1 Retail Commercial District C-1 Retail Business District
C-2 General Commercial District C-2 General Commercial District
M-P Industrial Park District M-P Industrial Park District
M-1 Light Industrial District M-1 Light Industrial District
M-2 Heavy Industrial District M-2 Heavy Industrial District
8.12.050 Permitted and Conditionally Permitted Land Uses. The following "Land Use
Matrix" lists the permitted and conditionally permitted Use Types, as defined in Chapter
8.08, Definitions, in each Zoning District, and the decisionmaker authority:
AGRICULTURAL USE TYPES
AGRICULTURAL USE TYPE A R-I R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Animal Keeping -Agricultural C/ZA - - - - - - - - - -
Animal Keeping -Commercial C/ZA - - - - - - - - - -
Agricultural Processing C/ZA - - - - - - - - - -
Bird Keeping -Commercial C/ZA - - - - - - - - - -
Crop Production C/ZA - - - - - - - - - -
Horse Stable/Riding Academy C/ZA - - - - - - - - - -
Horsekeeping C/ZA - - - - - - - - - -
City of Dub/in Zoning Ordinance 12-2 September, 1997
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-I M-2
Agricultural Housing C/ZA - - - - - - - - - -
Animal Keeping -Residential P P P P - - - - - - -
Boarding House - C/ZA C/ZA C/ZA - - - - - - -
Caretaker Residence C/ZA - - - - - C/PC C/PC C/PC C/PC C/PC
Community Care Facility/Small P P P P - - - - - - -
Duplex - - P P - - - - - - -
Fann Mobile Home C/ZA - - - - - - - - - -
Garage/Yard Sale P P P P - - - - - - -
Home Occupation ZC ZC ZC ZC - - - - - - -
Large Family Day Care Home C/ZA C/ZA C/ZA C/ZA - - - - - - -
Mobile Home P P P - - - - - - - -
Mobile Home/Manufactured
Home Park - C/PC C/PC - - - - - - - -
Multi-Family Residence - - P P - - - - - - -
Parking Lot -Residential - C/ZA C/ZA C/ZA - - - - - - -
Residential Use Secondary to
Commercial Use - - - - - - C/PC - - - -
Second Unit - C/ZA - - - - - - - - -
Single Family Residence P P P P - - - - - - -
Small Family Day Care Home P P P P - - - - - - -
Temporary Mobile Home/
Manufactured Home TUP TUP TUP - - - - - - - -
Tract and Sales Office/
Model Home Complex - TUP TUP TUP - - - - - - -
CIVIC USE TYPES
CIVIC USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Community Clubhouse - C/PC C/PC C/PC - - C/PC - - - -
Community Facility C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC
HospitaUMedical Center - - - C/PC - - C/PC C/PC - - -
Industrial Transfer/Storage/
Treatment Facility - - - - - - - - - C/PC C/PC
Newspaper Recycling Bin TUP TUP TUP TUP TUP TUP TUP TUP - - -
Small Scale Transfer
and Storage Facility - - - - - - - - - C/PC C/PC
City of Dub/in Zoning Ordinance 12-3 September, 1997
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
COMMERCIAL USE TYPES
COMMERCIAL USE TYPE A R-1 R-2 R-M C-O C-N C-I C-2 M-P M-l M-2
Adult Business Establishment - - - - - - C/PC C/PC - - -
Ambulance Service - C/PC - - - - - P - P -
Animal Sales and Services C/ZA - - - - - C/PC C/PC - C/PC C'PC
Arcade - - - - - - C/PC - - - -
Arts and Crafts Fair TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP -
Auction Yard - - - - - - - C/PC C/PC C/PC -
AutomobileNehicle Brokerage - - - - P P P P - - -
AutomobileNehicle Rental - - - - - - - P - C/PC -
AutomobileNehicle Repairs
and Service - - - - - - - P - C/PC -
AutomobileNehicle Sales and
Service - - - - - - - C/PC - C/PC -
AutomobileNehicle Storage Lot - - - - - - - C/PC - C/PC -
Banl:s and Financial Services - - - - P P P P - - -
Bed and Breakfast Inn C/PC C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC C/PC
Building Materials Sales - - - - - - P P - - -
Car Wash/Detailing - - - - - - - C/ZA - - -
Carnival - - - - - - TUP TUP - - -
Cemeteries, Columbariums
and Mortuaries C/PC - - - - - C/PC C/PC - C/PC -
Christmas Tree Sales Lot - - - - TUP TUP TUP TUP - - -
Community Care Facility/Large - C/PC ClPC C/PC - - C/PC C/PC C/PC C/PC -
Copying and Blueprinting - - - - P P P P - - -
Dance Floor - - - - - - C/PC C/PC - C/PC -
Day Care Center - C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC C/PC
Drive-in/Drive-through Business - - - - - C/PC C/PC C/PC - - -
Eating and Drinking
Establishment - - - - C/ZA C/ZA P P - - -
Farmer's Market - - - - TUP TUP TUP TUP - - -
FestivaUStreet Fair TUP TUP TUP TUP TUP TUP TUP TUP - - -
Fireworks Sales - - - - - - TUP TUP - - -
Fortunetelling - - - - - - C/PC C/PC - - -
Health Services/Clinics - - - - C/ZA - P P - - -
Hotel/Nlotel - - - - - - C/PC C/PC - - -
Housemover's Storage Lot - - - - - - - - - - C/PC
Impound Yard - - - - - - - - - C/PC C/PC
Laboratory - - - - P - - P P P P
Massage Establishment - - - - - C/PC C/PC C/PC - - -
Mini-Storage - - - - - - - P - - -
Office -Contractor's - - - - - - - P P P P
Office -
Profess i onal/Administrative - - - - P P P P P - -
Office Trailer -Commercial - - - - TUP TUP TUP TUP TUP TUP TUP
Outdoor Mobile Vendor - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA
Outdoor Sale by Est. Dub. Bus. - - - - TUP TUP TUP TUP - - -
Outdoor Seating - - - - C/PC C/PC C/PC C/PC - - -
Parking LoUGarage-Commercial - - - - C/PC C/PC P P C/PC P P
City of Dub/in Zoning Ordinance 12-4 September, 1997
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
COMMERCIAL USE TYPE A R-I R-2 R-M C-O C-N C-1 C-2 M-P M-I M-2
Personal Services - - - - - P P P - - -
Plant Nursery C/PC C/PC - - - - C/PC C/PC - - -
Pumpkin Sales Lot - - - - TUP TUP TUP TUP - - -
Recreational Facility/Indoor - - - - - - C/ZA C/ZA C/ZA C/ZA C/ZA
Recreational Facility/Outdoor C/PC - - - - - C/PC C/PC C/PC C/PC C/PC
Repair Shop - - - - - P P P - - -
Retail -General - - - - - - P P - - -
Retail -Neighborhood - - - - - P P P - - -
Retail -Outdoor Storage - - - - - - C/PC C/PC - - -
Retail -Service - - - - - - - P - - -
School -Commercial - - - - - - P P - - -
Service Station - - - - - C/PC C/PC C/PC - C/PC C/PC
Shopping Center - - - - - - C/PC C/PC - - -
Temporary Construction Trailer TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP TUP
Temporary Outdoor Sale Not
Related to On-Site Established
Business (Sidewalk Sale) - - - - C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA C/ZA
Vehicle Storage Yd-Commercial - - - - - - - - - C/ZA C/ZA
INDUSTRIAL USE TYPES
INDUSTRIAL USE TYPE A R-1 R-2 R-M C-O C-N C-I C-2 M-P M-1 M-2
Equipment and materials
Storage Yard - - - - - - - C/PC - C/PC -
Industrial -Heavy - - - - - - - - - - P
Industrial -Light - - - - - - - - P P P
Printing and Publishing - - - - - - - - P P -
Recycling Facility -Commercial - - - - - - C/PC C/PC C/PC C/PC C/PC
Research and Development
Laboratory - - - - - - - - P P P
Salvage and Wrecking Yard - - - - - - - - - C/PC C/PC
Storage Container - - - - - - - - TUP TUP TUP
Storage of Petroleum Products
for On-Site Use - - - - - - - P P P P
Trucking Terminal - - - - - - - - - P P
Warehousing and Distribution - - - - - - - P P P P
KEY/DECISIONMAKER AUTHORITY
Permitted P
Not Permitted -
Zoning Clearance ZC
Conditional Use PermiUZoning Administrator C/ZA
Conditional Use Permit/Planning Commission C/PC
Temporary Use Permit TUP
City of Dub/in Zoning Ordinance 12-5 September, 1997
AGRICULTURAL ZONING DISTRICT
Chapter 8.16
CHAPTER 8.16 AGRICULTURAL ZONING DISTRICT
8.16. 010 Purpose and intent. The purpose and intent of the Agricultural Zoning
District is to establish regulations which achieve the following:
A. Preserve and protect agricultural lands that are being used for the commercial
production of agricultural commodities consistent with the General Plan and
applicable Specific Plans and appropriate standards of public health, safety,
welfare, and aesthetics.
B. Restrict the use of the land in the Agricultural Zoning District to crop production,
the raising of livestock, poultry and other animals and to similar and related uses
compatible with agricultural operations.
C. Encourage agricultural uses in places where more intensive development is not
desirable or necessary for the public welfare.
D. Encourage compatibility of all Agriculture use types with the surrounding
neighborhood.
E. Encourage compatibility of farm buildings with the surrounding neighborhood.
F. Prohibit land uses that are not compatible with commercial agricultural operations.
G. Preserve open space values and lands reserved for open space purposes.
H. Ensure adequate light, air, privacy, and open space for each dwelling.
I. Minimize traffic congestion and avoid the overloading of public services and
utilities.
8.16.020 A (Agricultural Zoning District).
A. Use types permitted in A zoning district. Animal Keeping -Residential,
Community Care Facility/Small, Garage/Yard Sale, Mobile Home, Single Family
Residence, Small Family Day Care Home; similar and related uses; temporary uses;
and conditional uses. All Agriculture use types as shown in the Land Use Matrix
require a Conditional Use Permit by the Zoning Administrator.
B. Farm buildings. All farm buildings including, but not limited to, a stable, barn,
pen, corral, greenhouse, or coop are permitted by means of a Site Development
Review in the A zoning district.
City of Dub/in Zoning Ordinance 16-1 September, 1997
AGRICULTURAL ZONING DISTRICT
Chapter 8.16
C. General Plan Consistency. The A zoning district is consistent with the Rural
Residential/Agriculture designation of the General Plan.
8.16.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
A. Permitted and Conditionally Permitted Land Uses. For permitted and
conditionally permitted land uses, please see the Land Use Matrix in Section
8.12.050.
B. Accessory Structures and Uses Regulations. For accessory structures and uses
regulations, please see Chapter 8.40.
C. Development Agreement Regulations. For development agreement regulations,
please see Chapter 8.56.
D. Development Regulations. For development regulations, please see Chapter 8.36.
E. Home Occupations Regulations. For home occupations regulations, please see
Chapter 8.64.
F. Landscaping and Fencing Regulations. For landscaping and fencing regulations,
please see Chapter 8.72.
G. Off-Street Parking and Loading Regulations. For off-street parking and loading
regulations, please see Chapter 8.76.
H. Sign Regulations. For sign regulations, please see Chapter 8.84.
I. Water Efficient Landscaping Regulations. For water efficient landscape
regulations, please see Chapter 8.88.
J. Wireless Communications Facilities Regulations. For Wireless Communications
Facilities Regulations, please see Chapter 8.92.
K. Performance Standards. All uses in the Agricultural zoning district shall conform
to Section 8.28.030 (Industrial Performance Standards for the M-P zoning district).
City of Dub/in Zoning Ordinance 16-2 September, 1997
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
CHAPTER 8.20 RESIDENTIAL ZONING DISTRICTS
8.20.010 Purpose and intent. The purpose and intent of this Chapter is to establish
regulations which achieve the following:
A. Reserve neighborhood areas for residential living with a broad range of dwelling unit
densities consistent with the General Plan and applicable Specific Plans and
appropriate standazds of public health, safety, welfaze, and aesthetics.
B. Ensure adequate light, air, privacy, and open space for each dwelling.
C. Minimize traffic congestion and avoid the overloading of public services and utilities.
D. Protect residential neighborhoods from excessive noise, illumination, unsightliness,
odor, smoke, and other objectionable influences.
E. Facilitate the provision of public improvements commensurate with anticipated
increase in population, dwelling unit densities, and service requirements.
F. Provide lands to accommodate housing units which meets the diverse economic and
social needs of the residents; locating developments to achieve the following:
Retain the scale and character of existing residential neighborhoods.
2. Facilitate the upgrade of declining and mixed-density residential
neighborhoods.
3. Allow expansion into vacant and low-intensity use lands within infrastructure
and environmental constraints.
8.20.020 Residential Zoning Districts.
A. R-1 (Single Family Residential Zoning District).
1. Intent. The R-1 zoning district is intended to provide for and protect
neighborhoods comprised of detached, single-family homes and residential use
types compatible with a quiet, family-living environment.
2. Use types permitted in R-1 zoning district. Animal Keeping -Residential,
Community Care Facility/Small, Garage/Yazd Sale, Mobile Home, Single
Family Residence, Small Family Day Care Home; similar and related uses;
temporary uses; and conditional uses.
City of Dublin Zoning Ordinance 20-1 September, 1997
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
3. General plan consistency. The R-1 zoning district is consistent with the Low-
Density Single-Family Residential, Single Family-Residential, and Medium
Density Residential designations of the General Plan depending on the Lot
Square Footage Per Dwelling Unit selected for the development.
4. Lot square footage per dwelling unit. The designation of an area in the R-1
zoning district shall include establishing a Lot Square Footage Per Dwelling
Unit expressed as a suffix to the R-1 Zoning Map symbol (e.g., R-1-5,000, R-
1-10,000, etc.).
B. R-2 (Two Family Residential Zoning District).
1. Intent. The R-2 zoning district is intended to provide for and protect
neighborhoods comprised of single family dwellings, two family dwellings at
have development characteristics similar to single-family neighborhoods,
duplexes, and residential use types compatible with a quiet, family-living
environment.
2. Use types permitted in R-2 zoning district. Animal Keeping -Residential,
Community Care Facility/Small, Duplex, Garage/Yard Sale, Mobile Home,
Multi-Family Residence, Single Family Residence, Small Family Day Care
Home; similar and related uses; temporary uses; and conditional uses.
3. General plan consistency. The R-2 zoning district is consistent with the
Medium Density Residential, and Medium-High Density Residential
designations of the General Plan depending on the Lot Square Footage Per
Dwelling Unit selected for the development.
4. Lot square footage per dwelling unit. The designation of an area in the R-2
zoning district shall include establishing a Lot Square Footage Per Dwelling
Unit expressed as a suffix to the R-2 Zoning Map symbol.
C. R-M (Multi-Family Residential Zoning District).
1. Intent. The R-M zoning district is intended to provide for and protect
neighborhoods comprised of single family residences, two family residences,
and multi-family residences that are clustered to provide generous open space
areas for common use, and that are generally close to transit, shopping, and
public facilities.
2. Use types permitted in R-M zoning district. The use types intended for the
R-M zoning district include Animal Keeping -Residential, Community Care
Facility/Small, Duplex, Garage/Yard Sale, Multi-Family Residence, Single
City of Dub/in Zoning Ordinance 20-2 September, 1997
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
Residence, Small Family Day Care Home; similar and related uses; temporary
uses; and conditional uses.
3. General plan consistency. The R-M zoning district is consistent with the
Medium Density Residential, Medium-High Density Residential, and High-
Density Residential designations of the General Plan depending on the Lot
Square Footage Per Dwelling Unit selected for the development.
4. Lot square footage per dwelling unit. The designation of an area in the R-M
zoning district shall include establishing a Lot Square Footage Per Dwelling
Unit expressed as a suffix to the R-M Zoning Map symbol.
8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
A. Permitted and Conditionally Permitted Land Uses. For permitted and
conditionally permitted land uses, please see the Land Use Matrix in Section 8.12.050.
B. Accessory Structures and Uses Regulations. For accessory structures and uses
regulations, please see Chapter 8.40.
C. Density Bonus Regulations. For density bonus regulations, please see Chapter 8.52.
D. Development Agreement Regulations. For development agreement regulations,
please see Chapter 8.56.
E. Development Regulations. For development regulations, please see Chapter 8.36.
F. Home Occupations Regulations. For home occupations regulations, please see
Chapter 8.64.
G. Inclusionary Zoning Regulations. For inclusionary zoning regulations, please see
Chapter 8.68.
H. Landscaping and Fencing Regulations. For landscaping and fencing regulations,
please see Chapter 8.72.
I. Off-Street Parking and Loading Regulations. For off-street parking and loading
regulations, please see Chapter 8.76.
J. Second Units Regulations. For second units regulations, please see Chapter 8.80.
K. Sign Regulations. For sign regulations, please see Chapter 8.84.
City of Dub/in Zoning Ordinance 20-3 September, 1997
RESIDENTIAL ZONING DISTRICTS
Chapter 8.20
L. Water Efficient Landscaping Regulations. For water efficient landscape
regulations, please see Chapter 8.88.
M. Wireless Communications Facilities Regulations. For wireless communications
facilities regulations, please see Chapter 8.92.
N. Performance Standards. All uses in the Residential zoning districts shall conform to
Section 8.28.030, Industrial Performance Standards for the M-P zoning district.
City of Dublin Zoning Ordinance 20-4 September, 1997
COMMERCIAL ZONING DISTRICTS
Chapter 8.24
CHAPTER 8.24 COMMERCIAL ZONING DISTRICTS
8.24.010 Purpose and intent. The purpose and intent of this Chapter is to establish
regulations which achieve the following:
A. Provide appropriate commercial areas for retail and service establishments,
neighborhood convenience and office uses required by the residents of the City in a
manner consistent with the General Plan and applicable Specific Plans.
B. Provide adequate space to meet the needs of commercial development, including
off-street parking and loading.
C. Minimize traffic congestion and avoid the overloading of public services and
utilities.
D. Protect commercial areas from excessive noise, illumination, unsightliness, odor,
smoke, and other objectionable influences.
E. Facilitate the provision of public improvements commensurate with anticipated
increase in population, and need for retail and service establishments.
F. Promote high standards of site planning and landscape design for commercial and
office developments within the City.
G. Provide employment opportunities for existing and future residents of the City and
those of adjacent communities.
H. Provide for land uses which meet the needs of and attract regional populations, in
addition to local residents.
I. Ensure compatibility with adjacent land uses.
8.24.020 Commercial Zoning Districts.
A. C-O (Commercial Office Zoning District).
1. Intent. The C-O zoning district is intended to provide for the continued
use, expansion, and new development of commercial office use types in
proximity to major transportation corridors, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use types permitted in the C-O zoning district. Automobile/Vehicle
Brokerage, Banks and Financial Services, Copying and Blueprinting,
City of Dub/in Zoning Ordinance 24-1 September, 1997
COMMERCIAL ZONING DISTRICTS
Chapter 8.24
Laboratory, and Office -Professional/Administrative; similar and related
uses; temporary uses; and conditional uses.
3. Use types conducted entirely within a building. All use types permitted
in the C-O zoning district shall be conducted entirely within a building.
4. General plan consistency. The C-O zoning district is consistent with the
Retail/Office, Campus Office, and Industrial/Campus Office designations of
the General Plan.
B. C-N (Neighborhood Commercial Zoning District).
1. Intent. The C-N zoning district is intended to provide for the continued
use, expansion, and new development of small scale, low-intensity
neighborhood commercial use Types which serve and are in proximiTy to
residential neighborhoods throughout the City, and to ensure compatibiliTy
with adjacent residential and commercial uses.
2. Use types permitted in the C-N zoning district. Automobile /Vehicle
Brokerage, Banks and Financial Services, Copying and Blueprinting, Office
- Professional/Administrative, Personal Services, Repair Shop, and Retail -
Neighborhood; similar and related uses; temporary uses; and conditional
uses.
3. Use types conducted entirely within a building. All use Types permitted
in the C-N zoning district shall be conducted entirely within a building.
4. General plan consistency. The C-N zoning district is consistent with the
Retail/Office and Neighborhood Commercial designations of the General
Plan.
C. C-1 (Retail Commercial Zoning District).
1. Intent. The C-1 zoning district is intended to provide for the continued use,
expansion, and new development of retail commercial use Types along
major transportation corridors and intersections, and to ensure compatibiliTy
with adjacent residential and commercial uses.
2. Use types permitted in the C-1 zoning district. Automobile/Vehicle
Brokerage, Banks and Financial Services, Building Materials Sales,
Copying and Blueprinting, Eating and Drinking Establishment, Health
Services/Clinics, Office -Professional/Administrative, Parking Lot/Garage -
Commercial, Personal Services, Repair Shop, Retail -General, Retail -
City of Dub/in Zoning Ordinance 24-2 September, 1997
COMMERCIAL ZONING DISTRICTS
Chapter 8.24
Neighborhood, and School -Commercial; similar and related uses;
temporary uses; and conditional uses.
3. Use types conducted entirely within a building. All use types permitted
in the C-1 zoning district shall be conducted entirely within a building with
the exception of Parking LotlGarage -Commercial. Retail -Outdoor
Storage may be approved pursuant to a Conditional Use Permit.
4. General plan consistency. The C-1 zoning district is consistent with the
Retail/Office and General Commercial designations of the General Plan.
D. C-2 (General Commercial Zoning District).
1. Intent. The C-2 zoning district is intended to provide for the continued use,
expansion, and new development of general commercial use types along
major transportation corridors and intersections, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use types permitted in the C-2 zoning district. Ambulance Service,
Automobile/Vehicle Brokerage, Automobile/Vehicle Rentals,
Automobile/Vehicle Repairs and Service, Banks and Financial Services,
Building Materials Sales, Copying and Blueprinting, Eating and Drinking
Establishment, Health Services/Clinics, Laboratory, Mini-Storage, Office -
Contractor's, Office -Professional/Administrative, Parking Lot/Garage -
Commercial, Personal Services, Repair Shop, Retail -General, Retail -
Neighborhood, Retail -Service, and School -Commercial; similar and
related uses; temporary uses; and conditional uses.
3. Use types conducted entirely within a building. All use types permitted
in the C-2 zoning district shall be conducted entirely within a building with
the exception of Automobile/Vehicle Rentals, Parking Lot -Commercial
and Retail -Service. Retail -Outdoor Storage may be approved pursuant to
a Conditional Use Permit.
4. General plan consistency. The C-2 zoning district is consistent with the
Retail/Office, Retail/Office and Automotive, and General Commercial
designations of the General Plan.
8.24.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
A. Permitted and Conditionally Permitted Land Uses. For permitted and
conditionally permitted land uses, please see the Land Use Matrix in Section
8.12.050.
City of Dub/in Zoning Ordinance 24-3 September, 1997
COMMERCIAL ZONING DISTRICTS
Chapter 8.24
B. Accessory Structures and Uses Regulations. For accessory structures and uses
regulations, please see Chapter 8.40.
C. Adult Business Establishment Regulations. For adult business regulations,
please see Chapter 8.44.
D. Density Bonus Regulations. For density bonus regulations, please see Chapter
8.52.
E. Development Agreement Regulations. For development agreement regulations,
please see Chapter 8.56.
F. Development Regulations. For development regulations, please see Chapter 8.36.
G. Home Occupations Regulations. For home occupations regulations, please see
Chapter 8.64.
H. Landscaping and Fencing Regulations. For landscaping and fencing regulations,
please see Chapter 8.72.
I. Off-Street Parking and Loading Regulations. For off-street parking and loading
regulations, please see Chapter 8.76.
J. Second Units Regulations. For second units regulations, please see Chapter 8.80.
K. Sign Regulations. For sign regulations, please see Chapter 8.84.
L. Water Efficient Landscaping Regulations. For water efficient landscape
regulations, please see Chapter 8.88.
M. Wireless Communications Facilities Regulations. For wireless communications
facilities regulations, please see Chapter 8.92.
N. Performance Standards. All uses in the Commercial zoning districts shall
conform to Section 8.28.030 (Industrial Performance Standards for the M-P zoning
district).
City of Dub/in Zoning Ordinance 24-4 September, 1997
INDUSTRIAL ZONING DISTRICTS
Chapter 8.28
CHAPTER 8.28 INDUSTRIAL ZONING DISTRICTS
8.28.010 Purpose and intent. The purpose and intent of this Chapter is to establish
regulations which achieve the following:
A. Provide appropriate industrial areas to accommodate enterprises engaged in
manufacturing, processing, creating, repairing, renovating, painting, cleaning, or
assembling of goods, merchandise, or equipment and office uses, required by the
residents of the City, in a manner consistent with the General Plan and applicable
Specific Plans.
B. Provide adequate space to meet the needs of industrial development, including
off-street pazking and loading.
C. Minimize traffic congestion and avoid the overloading of public services and
utilities.
D. Protect industrial azeas from excessive noise, illumination, unsightliness, odor,
smoke, and other objectionable influences.
E. Facilitate the provision of public improvements commensurate with anticipated
increase in population, and need for industrial establishments.
F. Promote high standazds of site planning and landscape design for industrial
developments within the City.
G. Provide employment opportunities for existing and future residents of the City
and those of adjacent communities.
H. Provide for land uses which meet the needs of and attract regional populations. in
addition to local residents.
I. Promote a mix of industrial uses that provide the City with a sound and diverse
industrial base.
J. Ensure compatibility with adjacent land uses.
City of Dub/in Zoning Ordinance 28-1 September, 1997
INDUSTRIAL ZONING DISTRICTS
Chapter 8.28
8.28.020 Industrial Zoning Districts.
A. M-P (Industrial Park Zoning District).
1. Intent. The M-P zoning district is intended to provide for the continued
use, expansion, and new development of industrial park use types in
proximity to major transportation corridors, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use types permitted in the M-P zoning district. Laboratory, Office -
Contractor's, Office -Professional/Administrative, Industrial -Light,
Printing and Publishing, Research and Development Laboratory, Storage
of Petroleum Products for On-Site Use, and Warehousing and
Distribution; similar and related uses, temporary uses, and conditional uses
3. Use types conducted entirely within a building. All use types permitted
in the M-P zoning district shall be conducted entirely within a building
with the exception of Storage of Petroleum Products for On-Site Use.
4. General plan consistency. The M-P zoning district is consistent with the
Business Park/Industrial, Industrial Park, and Industrial/Campus Office
designations of the General Plan.
B. M-1 (Light Industrial Zoning District).
1. Intent. The M-1 zoning district is intended to provide for the continued
use, expansion, and new development of light industrial use types in
proximity to major transportation comdors, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use types permitted in the M-1 zoning district. Ambulance Service,
Laboratory, Office -Contractor's, Parking Lot/Garage -Commercial,
Industrial -Light, Printing and Publishing, Research and Development
Laboratory, Storage of Petroleum Products for On-Site Use, Trucking
Terminal, and Warehousing and Distribution; similar and related uses,
temporary uses, and conditional uses.
3. Open Storage/Parking.
a. Enclosure. Open areas used for storage or for parking and loading
of vehicles shall be enclosed by a solid wall or fence not less than
6 feet in height with solid entrance and exit gates.
City of Dub/in Zoning Ordinance 28-2 September, 1997
INDUSTRIAL ZONING DISTRICTS
Chapter 8.28
b. Stacking. Material shall not be stacked so that it is over 6 feet
high.
c. Grading and Drainage. All open storage and parking azeas shall
be paved with an all-weather paving and adequately graded and
drained.
d. Landscaping. A landscape buffer 10 feet wide shall be provided
along all roadways which shall be adequately watered and
maintained. This buffer shall be consistent with all screening
requirements of Section 8.72.030.B, Screening Requirements.
4. General plan consistency. The M-1 zoning district is consistent with the
Business Pazk/Industrial and Industrial Pazk designations of the General
Plan.
C. M-2 (Heavy Industrial Zoning District).
1. Intent. The M-2 zoning district is intended to provide for the continued
use, expansion, and new development of heavy industrial use types in
proximity to major transportation corridors, and to ensure compatibility
with adjacent residential and commercial uses.
2. Use types permitted in the M-2 zoning district. Laboratory, Office -
Contractor's, Parking Lot/Gazage -Commercial, Industrial -Heavy,
Industrial -Light, Reseazch and Development Laboratory, Storage of
Petroleum Products for On-Site Use, Trucking Terminal, and
Warehousing and Distribution; similar and related uses, temporary uses,
and conditional uses.
3. General plan consistency. The M-2 zoning district is consistent with the
Business Pazk/Industrial: Outdoor Storage designation of the General Plan.
8.28.030 Industrial Performance Standards, M-P Zoning District. All industrial
land uses shall conform to the following standards. Any violation of these
standards is a violation of the Zoning Ordinance:
A. Noise or vibration. No noise or vibration, other than related to
transportation activities and temporary construction work, shall be
discernible without instruments at any point on a lot line of the building
site.
B. Radioactivity. No activity, including storage or dumping, shall result in
the emission of radioactivity in dangerous amounts.
City of Dub/in Zoning Ordinance 28-3 September, 1997
INDUSTRIAL ZONING DISTRICTS
Chapter 8.28
C. Electrical disturbance. No activity shall cause electrical disturbance
adversely affecting the operation of any equipment other than that of the
creator of such disturbance.
D. Inflammable or explosive materials. No inflammable or explosive
materials shall be produced, used, stored, or handled unless provided at all
points with adequate safety devices and procedures against hazards of
explosion and all equipment and devices for fire prevention and fire
fighting approved by the Alameda County Fire Department.
E. Air pollution. No air pollution or smoke shall be produced which is in
violation of the requirements of the Bay Area Air Pollution Quality
Management District.
F. Glare or heat. No direct or sky-reflected glare or heat shall be produced
which is discernible without instruments at any point on a lot line of the
building site.
G. Odorous Gasses. No emission of any odorous gasses or matter shall
occur in quantities which are discernible without instruments at any point
on a lot line of the building site.
H. Dust, dirt or particulate matter. No discharge into the air of any dust,
dirt or particulate matter shall occur from any activity or from any
products stored on the building site which is discernible without
instruments at any point on a lot line of the building site.
I. Liquid contaminants. No discharge into any public sewer, private
sewage disposal system approved by the County Department of
Environmental Health, stream, or into the ground of any liquid
contaminants or materials of such nature or temperature which
contaminates any water supply, interferes with bacterial processes and
sewage treatment, or in any way causes the emission of dangerous or
offensive materials shall occur.
8.28.040 Industrial Performance Standards, M-1 Zoning District. All industrial
land uses in the M-1 zoning district shall conform to the industrial
performance standards in Section 8.28.030 except that Subparagraph A
(Noise or Vibration) is modified for the purposes of the M-1 zoning
district to prohibit any noise or vibration, other than related to
transportation activities and temporary construction work, which is
discernible without instruments at lot line separating the premises from an
abutting Residential zoning district.
City of Dub/in Zoning Ordinance 28-4 September, 1997
INDUSTRIAL ZONING DISTRICTS
Chapter 8.28
8.28.050 Industrial Performance Standards, M-2 Zoning District. All industrial
land uses in the M-2 zoning district shall conform to the industrial
performance standards in Section 8.28.030 except that subparagraphs A
(Noise or Vibration), F (Glare or Heat), and G (Odorous Gasses) are
modified for the purposes of the M-2 zoning district to prohibit any noise
or vibration, other than related to transportation activities and/or
temporary construction work, direct or sky-reflected glare or heat, or
emission of any odorous gasses or matter in quantities which are
discernible without instruments at a lot line separating the premises from
an abutting Residential zoning district.
8.28.060 Permitted and Conditionally Permitted Land Uses, and Regulations.
A. Permitted and Conditionally Permitted Land Uses. For permitted and
conditionally permitted land uses, please see the Land Use Matrix in Section
8.12.050.
B. Accessory Structures and Uses Regulations. For accessory structures and uses
regulations, please see Chapter 8.40.
C. Development Agreement Regulations. For development agreement regulations,
please see Chapter 8.56.
D. Development Regulations. For development regulations, please see Chapter
8.36.
E. Hazardous Waste Facilities Location Regulations. For hazardous waste
facilities location regulations, please see Chapter 8.60.
F. Landscaping and Fencing Regulations. For landscaping and fencing
regulations, please see Chapter 8.72.
G. Off-Street Parking and Loading Regulations. For off-street parking and
loading regulations, please see Chapter 8.76.
H. Sign Regulations. For sign regulations, please see Chapter 8.84.
I. Water Efficient Landscaping Regulations. For water efficient landscape
regulations, please see Chapter 8.88.
J. Wireless Communications Facilities Regulations. For wireless
communications facilities regulations, please see Chapter 8.92.
City of Dub/in Zoning Ordinance 28-5 September, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Chapter 8.32
CHAPTER 8.32 PLANNED DEVELOPMENT ZONING DISTRICT
8.32.010 Purpose. The purpose of this Chapter is to:
A. Establish a Planned Development Zoning District through which one or more properties
are planned as a unit with development standards tailored to the site.
B. Provide maximum flexibility and diversification in the development of property.
C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and
applicable Specific Plans.
D. Protect the integrity and character of both residential and non-residential areas of the
City.
E. Encourage efficient use of land for preservation of sensitive environmental areas such as
open space areas and topographic features.
F. Provide for effective development of public facilities and services for the site.
G. Encourage use of design features to achieve development that is compatible with the area.
H. Allow for creative and imaginative design that will promote amenities beyond those
expected in conventional developments.
8.32.020 Intent. The intent of this Chapter is to create a more desirable use of the land, a
more coherent and coordinated development, and a better physical environment
than would otherwise be possible under a single zoning district or combination of
zoning districts.
8.32.030 Applicability. The provisions of this Chapter shall be applicable to property only
upon designation of the site as a Planned Development Zoning District pursuant
to procedures set forth in Chapter 8.120, Zoning Ordinance Amendment. A
Planned Development Zoning District shall be established by the adoption of an
Ordinance reclassifying the property to such district and adopting a Development
Plan. A Development Plan shall constitute a District Planned Development Plan
as required by Chapter 11.2.7 of the Eastern Dublin Specific Plan. The
Development Plan shall establish regulations for the use, development,
improvement, and maintenance of the property within the requested Planned
Development Zoning District, and may be adopted in stages, as follows:
A. Stage 1 Development Plan. A Stage 1 Development Plan shall be adopted for the entire
Planned Development District site with the reclassification of the property to the Planned
Development Zoning District. The plan shall establish the permitted, conditionally
City of Dub/in Zoning Ordinance 32-1 September, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Chapter 8.32
permitted, and accessory uses, Stage 1 site plan, site area and proposed densities,
maximum number of residential units and non residential square footages, a phasing plan
and a Master Landscaping Plan; statements regarding consistency with General Plan and
Specific Plans, and consistency with Inclusionary Zoning regulations, an aerial photo,
other information necessary for the review of the proposed project; and any provisions as
further described in the Application section below.
B. Stage 2 Development Plan. A Stage 2 Development Plan for all or a portion of the
entire Planned Development District site may be adopted with the Stage 1 Development
Plan at the time of the Zoning Ordinance Amendment, or may be adopted at a subsequent
time as a separate Zoning Ordinance Amendment(s) pursuant to Chapter 8.120, Zoning
Ordinance Amendment. A Stage 2 Development Plan shall establish permitted,
conditionally permitted, and accessory uses, Stage 2 site plan, site area and maximum
proposed densities, maximum numbers of residential units by type and non residential
square footages for each use, development regulations, architectural standards,
preliminary landscape plan, other information necessary for the review of the proposed
project; and any provisions as further described in the Application section below. All
Subdivision Maps, Conditional Use Permits, and Site Development Reviews within a
Stage 2 development area shall be consistent with that Stage 2 Development Plan. Where
phased development of the Planned Development Zoning District is proposed, Stage 2
Development Plans may be requested by the developer for portions of the property within
the Planned Development Zoning District. Ministerial and discretionary permits may be
issued only for those portions of a Planned Development District for which a Stage 2
Development Plan has been adopted.
8.32.040 Application. The Planned Development Zoning District may be requested
pursuant to Chapter 8.120, Zoning Ordinance Amendment, and Chapter 8.124,
Applications, Fees, and Deposits, in the form specified by the City of Dublin.
The application shall be sufficient to demonstrate compliance with the Dublin
General Plan and applicable Specific Plans, and shall (subject to modification by
the Director of Community Development and or the Planning Commission)
include the following:
A. Stage 1 Development Plan. The Stage 1 Development Plan shall include all of the
following information and materials for the entire Planned Development Zoning District
site:
1. Statement of proposed uses. A written Statement of Proposed Uses, including
permitted, conditional, and accessory uses.
2. Stage 1 Site Plan. A Stage 1 Site Plan showing the location and arrangement of
existing and proposed land uses, and proposed development stages for the entire
Planned Development Zoning District, and uses and structures within 300 feet
beyond the district boundary; location of public uses including but not limited to
City of Dub/in Zoning Ordinance 32-2 September, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Chapter 8.32
parks, schools, and trails; proposed entry monuments; existing and proposed
locations of freeways, arterials and collector streets.
3. Site area, proposed densities. Gross and net area of site; maximum densities for
residential and non-residential development, minimum densities where applicable
for compliance with the Dublin General Plan or applicable specific plans; and
maximum number of residential units and or maximum non-residential square
footage.
4. Phasing Plan. A phasing plan shall show the boundaries, timing and sequencing,
gross and net areas and densities, and non-residential square footages, for
development within the entire Planned Development Zoning District. It shall also
include existing and proposed land uses; major features of the circulation system
including any existing and proposed freeways, arterials, and collector streets;
other infrastructure requirements including water supply, wastewater collection,
treatment and disposal, and drainage systems.
5. Master Neighborhood Landscaping Plan. Provide a Master Neighborhood
Landscaping Plan showing parks, pedestrian circulation, landscaping, and
hardscape proposed at the neighborhood level.
6. General Plan and Specific Plan Consistency. A written statement addressing
consistency with all elements of the General Plan and any applicable specific
plans.
7. Inclusionary Zoning Regulations. A written statement addressing compliance
with the Inclusionary Zoning Regulations for the provision of affordable housing.
This statement should supplement any statement regazding compliance with the
Housing Element of the General Plan.
8. Aerial Photo. An aerial photo of the proposed district and 300 feet beyond its
boundary showing sufficient topographic data to indicate clearly the character of
the terrain; the type, location, and condition of mature trees, and other natural
vegetation; and the location of existing development.
9. Other information. Other information as required by the Department of
Community Development as necessary for the substantive and environmental
review of the proposed project.
B. Stage 2 Development Plan. The Stage 2 Development Plan shall include the following
detailed information and materials for all or a portion of the site, as applicable under any
proposed or adopted phasing plan:
City of Dub/in Zoning Ordinance 32-3 September, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Chapter 8.32
1. Statement of compatibility with Stage 1 Development Plan. A written
statement demonstrating compatibility of the Stage 2 Development Plan with the
Stage 1 Development Plan.
2. Statement of proposed uses. A written Statement of Proposed Uses, including
permitted, conditional, and accessory uses.
3. Stage 2 Site Plan. A detailed site plan for all or a portion of the Planned
Development Zoning District showing the location and arrangement of existing
and proposed land uses on the site and within 100 feet beyond its boundary;
existing and proposed circulation system; existing structures and proposed general
building areas; contours; parking areas, driveways and loading areas in general;
limits of grading; and phasing boundaries per the Stage 1 Development Plan.
4. Site area, proposed densities. Gross and net area of the Stage 2 site; maximum
densities for residential and non-residential development by type, minimum
densities where applicable for compliance with the Dublin General Plan or
applicable Specific Plans; and maximum numbers of residential units by type and
or maximum non-residential square footage for each use.
5. Development Regulations. Development regulations for lot areas, lot square
footage per dwelling unit, lot width and frontage, lot depth, setbacks, distances
between residences, maximum lot coverage, common useable outdoor space, floor
area ratios, height limits, parking, driveways, loading areas, signage, grading
standards, and trash enclosures, accompanied by any necessary diagrams.
6. Architectural Standards. Area-wide and project-wide architectural standards,
concepts, and themes.
7. Preliminary Landscaping Plan. A Preliminary Landscaping Plan implementing
the Master Neighborhood Landscaping Plan, and complying with Chapter 8.72,
Landscaping and Fencing Regulations.
8. Other information. Other information as required by the Department of
Community Development as necessary for the substantive and environmental
review of the proposed project.
8.32.050 Permitted Uses. No use other than an existing use is permitted in a Planned
Development Zoning District except in accordance with a Development Plan
adopted pursuant to this Chapter.
City of Dub/in Zoning Ordinance 32-4 September, 1997
PLANNED DEVELOPMENT ZONING DISTRICT
Chapter 8.32
8.32.060 General.
A. Minimum Area. The minimum area for a Planned Development Zoning District shall be
4 acres, however, a district may be less than 4 acres in size upon a finding by the Director
of Community Development that there is a unique character to the site, to the proposed
land use, or to the proposed improvements for which the Planned Development Zoning
District is better suited than conventional zoning.
B. Densities, floor area ratios, and square footages. The densities in residential areas,
and floor area ratios and square footages in nonresidential areas may not exceed the
densities, floor area ratios, or square footages permitted in the Dublin General Plan and
applicable Specific Plans for such uses.
C. Other Zoning Regulations. Except as specifically modified by a Planned Development
District Ordinance, all development in the Planned Development District site shall be
subject to the regulations of the closest comparable zoning district as determined by the
Director of Community Development, and of the Zoning Ordinance.
D. Maintenance. Maintenance of all lands included within a Planned Development not
utilized for building sites, public roads and public uses shall be assured by recorded land
agreements, covenants, proprietary control or other stated devices which attain this
objective. The proposed method of assuring the maintenance of such lands shall be
included as part of the provisions of the Planned Development District Ordinance.
8.32.070 Action. The Planning Commission and the City Council shall review any
proposed Planned Development Zoning District Ordinance in accordance with the
provisions of Chapter 8.120, Zoning Ordinance Amendment, and shall make the
following additional findings:
A. The Proposed Planned Development Zoning District meets the purpose and intent of this
Chapter.
B. Development under the Planned District Development Plan would be harmonious and
compatible with existing and future development in the surrounding area.
8.32.080 Amendments. The Director of Community Development by administrative
action and or the Planning Commission by means of a Conditional Use Permit
may approve minor amendments to an adopted Development Plan upon a finding
that the amendment substantially complies with and does not materially change
the provisions or intent of the adopted Planned Development Zoning District
Ordinance for the site. All other amendments to the adopted Planned
Development Zoning District Ordinance shall be pursuant to Chapter 8.120,
Zoning Ordinance Amendment.
City of Dub/in Zoning Ordinance 32-5 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
CHAPTER 8.36 DEVELOPMENT REGULATIONS
8.36.010 Purpose. The purpose of this Chapter is to set forth Development Regulations
relating to lot area, lot square footage per residence, lot width, lot frontage, lot depth,
residential use, setbacks, distance between residences, lot coverage, lot lines, yards
and height limits as shown in the accompanying charts and text.
Intent. The intent of this Chapter is to secure the necessary provision for light, air,
privacy, and safety from fire hazards, and to ensure that development within the City
of Dublin provides a high quality living and working environment consistent with
the policies of the City General Plan.
8.36.020 Agricultural and Residential Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable
Specific Plans, and the following development regulations:
A. Development Regulations are minimums unless stated as maximums. All areas are
given in net square feet.
STANDARD A R-1 R-2 R-M
LOT AREA
Interior lot 100 acres 4,000
sq. ft. 8,000
sq. ft. 5,000
sq. ft.
Corner lot 100 acres 5,000
sq. ft. 9,000
sq. ft. 6,000
sq. ft.
LOT SQUARE
FOOTAGE PER
DU NA 4,000 sq. ft. and larger
as consistent with
General Plan 4,000 sq. ft. and larger
as consistent with
General Plan. 750 sq. ft. and larger as
consistent with General
Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet 80 feet 50 feet
Corner lot 300 feet 60 feet 90 feet 60 feet
LOT DEPTH NA 100 feet 100 feet 100 feet
RESIDENTIAL
USE (maximum
per lot) 1 du.
1 Second Unit 1 du
1 Second Unit 2 du's 1 du per full 750 sq. ft.
(and larger as consistent
with General Plan)
SETBACKS
Front 50 feet 20 ft. avg.
18 ft minimum to
garage (1) 20 ft. avg. 18 ft.
minimum 20 ft.
Side 30 feet 7 feet (2) ] 0 feet 10 feet (3)
Street Side 50 feet l0 feet 10 feet 10 feet
Rear 50 feet 20 feet 20 feet 30 feet
(1) Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots up to 6,000
square feet in size.
(2) Side Yard setbacks for R-1 zoned areas west of Dougherty Road shall be a minimum of 5 feet plus one foot for
each full ] 0 feet by which lot width exceeds minimum lot width up to a maximum of l 0 feet.
(3) Buildings with 4 or more residences in the R-M zoning district shall have a l 5 foot Side Yard on one side.
City of Dub/in Zoning Ordinance 36-1 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
STANDARD A R-1 R-2 R-M
DISTANCE 100 feet 10 feet between non- 20 feet 20 feet
BETWEEN inhabitable spaces,
RESIDENCES 1 ~ feet between
inhabitable spaces and
any other space
MAXIMUM LOT NA 40% 1 story, 35% 2 40% 1 story, 35% 2 40% 1 story, 35% 2
COVERAGE stories stories stories
COMMON NA NA NA 30 % of net site area
USEABLE
OUTDOOR
SPACE
HEIGHT LIMITS (1) (1) (I) (2)
(1) 25 feet and 2 stories West of Dougherty Road; 35 feet and 2 stories East of Dougherty Road.
(2) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot coverage does not exceed
35%.
8.36.030 Commercial and Industrial Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable
Specific Plans, and the following regulations:
A. Development Regulations are minimums unless stated as maximums. All areas are
given in net square feet.
STANDARD C-O C-N C-1 C-2 M-P M-1 M-2
LOT AREA
Interior lot 10,000
sq. ft. 5,000
sq. ft. 5,000
sq. ft. 6,000
sq. ft. 40,000
sq. ft. 20,000
sq. ft. 40,000
sq. ft.
Comer lot 11,000
sq. ft. 6,000
sq. ft. 6,000
sq. ft. 7,000
sq. ft. 40,000
sq. ft. 20,000
sq. ft. 40,000
sq. ft.
LOT WIDTH &
FRONTAGE
Interior lot 70 feet 50 feet 50 feet ~0 feet 150 feet 100 feet 150 feet
Comer lot 80 feet 60 feet 60 feet 60 feet 150 feet 100 feet 150 feet
LOT DEPTH 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet 100 feet
SETBACKS
Front 20 feet 20 feet 0 feet (1) 0 feet (i) 50 feet 10 feet 10 feet
Side 10 feet 0 feet (2) 0 feet (2) 0 feet (2) 20 feet 10 feet 10 feet
Street Side 10 feet ] 0 feet 0 feet (3) 0 feet (3) 20 feet 10 feet 10 feet
Rear 10 feet 0 feet (4) 0 feet (4) 0 feet (4) 40 feet 20 feet 10 feet
HEIGHT LIMITS 35 feet 35 feet 45 feet (5) 45 feet (5) 35 feet 45 feet 45 feet
(1) 0 feet except, if abutting an R zoning district or C-O or C-N zoning district, the same as the Front Yard
Setback of that zoning district.
(2) 0 feet except, if abutting an R zoning district, the same as the Side Yard Setbacks of that district.
(3) 0 feet except, if the Street Side Yard of a comer lot in a C-1 or C-2 zoning district abuts a Key Lot in any R,
C-O or C-N zoning district, not less than I/2 of the Front Yard setback required for the Key Lot.
(4) 0 feet except, 15 feet if a C-1 or C-2 zoning district backs up on an R zoning district.
(5) 45 feet except, 35 feet if principal structure in a C-1 or C-2 zoning district is within 50 feet of an R zoning
district.
City of Dub/in Zoning Ordinance 36-2 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
8.36.040 Setbacks. Required setbacks describe areas on lots where no buildings, structures.
or additions to them may be located, and which thereby become }yard areas. Setbacks
may be required between buildings, structures and property lines; between structures
and road easements; between buildings and/or structures; between buildings.
structures and natural features such as watercourses; or between other features of site
development. These regulations are not intended to allow the placement of any
structure within a road or utility easement without explicit permission from the
easement holder.
A. Setbacks established. Required setbacks are established as follows. Where there is a
conflict, the means listed first in the following table shall govern:
1. Future Right-Of--Way Line established by the City.
2. Public Utilities Easement.
3. Development agreements.
4. Chapter 8.36, Development Regulations.
~. Other provisions of this Title.
B. Location and measurement of setbacks. The setbacks required by this Chapter shall be
located on lots as shown in Fiwre 36-1 and as follows:
1. Setback: The required distance that a building, structure or other designated item
must be located from a lot line. The classifications of setbacks aze:
a. Front: The Front Setback is an area encompassing the Front Yard as defined
in this Title. The Front Setback is measured at right angles to the Front Lot
Line.
b. Rear: The Rear Setback is an area encompassing the Rear Yard as defined in
this Title. The Reaz Setback is measured at right angles to the Rear Lot Line.
c. Side: The Side Setback is an area encompassing the Side Yard as defined in
this Title. The Side Setback is measured at right angles to the Side Lot Line.
d. Street Side: The Street Side Setback is an area encompassing. the Street Side
Yard as defined in this Title. The Street Side Setback is measured at right
angles to the Street Side Lot Line.
City of Dublin Zoning Ordinance 36-3 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
Figure 36-1 _
w
w
City of Dub/in Zoning Ordinance 36-4 September, 1997
SIDE SETBACK/YARD STREET SIDE SETBACK/YARD
DEVELOPMENT REGULATIONS
Chapter 8.36
8.36.050 Exceptions to Setbacks The following setback exceptions shall apply instead of
those required by Section 8.36.020, Agricultural and Residential Development
Regulations, and Section 8.36.030, Commercial and Industrial Development
Regulations, and any other setback requirements of this Title.
A. Front setback exceptions:
1. Future Right-Of--Way lines. Future Right-Of--Way lines nay hereby be establishes
by the City of Dublin to determine special building setbacks from certain street or
highway rights-of--way, including future road rights-of--way. In any case where a
Future Right-Of--Way Line is established, the Front Setback shall be measured from
the Future Right-Of--Way Line instead of the existing right-of--way line required by
this Title, provided that the exceptions for sloping lots in subsection A2 below shall
also apply.
2. Sloping lots of 40,000 square feet or less. Where an existing sloping lot contains
40,000 square feet or less in net area and setback requirements are not specified on a
recorded subdivision map, the required Front Setback may be determined as set forth
in this subsection instead of as otherwise required by Chapter 8.36, Development
Regulations. This section is not intended to allow the placement of any structure
within any easement without explicit permission from all parties to the easement.
This section is not intended to allow the creation of new lots that do not satisfy all
applicable standards of this Zoning Ordinance.
a. Reduced setback for buildings. Where the average slope of an existing lot
is one vertical foot for every four horizontal feet (1:4) or more in the first 60
feet of the lot measured perpendicularly between tiie edge of the pavement o~
traveled way and the proposed building, the Front Setback may be reduced b,
no more than 50 percent of the amount required for other lots in the sanle
zoning district. Any structure placed at the reduced setback shall satisfy the
requirements of subsection A.2.c. below.
b. Reduced setback for parking. Where the average slope of the front 30 feet
of the lot is one vertical foot for every five horizontal feet (1:5) or more as
measured between the edge of pavement and the proposed building, a private
garage, carport, uncovered paved parking pad or deck with at least 2 parking
spaces may be built to the property line at the street Right-Of--Way, provided
that it is located at least 8 feet from the nearest Side Lot Line of the front half
of an adjacent lot, and also satisfies the requirements of subsection A.2.c.
below.
c. Restrictions on structures at reduced setbacks. Any building or structure
approved for construction at the reduced Front Setbacks provided by this
section shall satisfy the following:
City of Dub/in Zoning rJrdinance 36-5 September, 199:
DEVELOPMENT REGULATIONS
Chapter 8.36
1. Approved by Department of Public Works. Any proposed
construction requiring a building permit shall first have been
approved by the Department of Public Works.
2. Encroachment Permit. No structure or improvement shall be
allowed within any City road right-of--way without first obtaining an
encroachment permit from the Department of Public Works.
3. Living Area. No living area shall be permitted above any garage or
other structure located within the Front Setback area, except as
provided in this section, unless specifically approved by the Zoning
Administrator or the Planning Commission in response to a
Conditional Use Permit application and at a legally noticed public
hearing.
B. Side and Rear Setback exceptions:
1. Common wall development. Any two dwelling units and/or their accessory
garages, may be constructed on adjoining lots without setbacks between them as
shown on Figure 36-2 provided that:
a. Waiver of one Side Setback. Waiver of the Side Setback requirement for
one Side Yard has been authorized through, planned development,
conditional use permit, or variance approval; and
b. Agreement/Deed Restriction. A common wall or party wall agreement,
deed restriction or other enforceable restriction has been recorded; and
c. Side Setback. The Side Setbacks opposite the common wall property line
are not less than two times the minimum width required by this Chapter, and
d. Common Wall Construction. Common wall construction is in compliance
with the Uniform Building Code.
~S I_'2I_J
Figure 36-2
COMMON WALL DEVELOPMENT
City of Dub/in Zoning Ordinance 36-6 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
2. Compensating Provision of Rear Yard. Notwithstanding the yard requirements of
this Ordinance, a Rear Yard may have a depth of not less than 10 feet if that portion
of the Rear Yard that is covered by a structure is compensated for by open areas
within the same or adjacent yards on the same parcel that exceed Side and Rear Yard
requirements by an area at least equal to the extent of the building coverage of the
Rear Yard.
3. Dwellings in commercial or industrial zoning districts. A dwelling proposed in
any commercial or industrial district shall provide Side and Rear Setbacks as
required in the R-M Multiple Residential district (or as shown on a Conditional
Use Permit or Planned Development Development Plan), except when the dwelling
is located within a commercial or industrial building.
4. Main Entrance on Side Yard. Where the main entrance to a dwelling is on a Side
Yard, in the R-1 and R-2 zoning districts, the Side Yard shall have a minimum width
of 15 feet. In the R-M zoning district, the Side Yard shall be 20 feet wide.
5. Zero lot line development. A group of dwellings on adjoining lots may be designed
and constructed so that they all abut one Side Lot Line (see Figure 36-3), provided
that:
a. Side Setback Requirement Modified. The Side Setback requirement has
been modified for the entire block through planned development or
conditional use permit approval; and,
b. Subdivision Map/Deed Restriction. The modified setback requirements for
the block are recorded as part of a subdivision map, deed restriction, or other
enforceable restriction, and
c. Corner Lot. The required Front Setback and Street Side Yard Setbacks are
not eliminated or reduced on a corner lot, and
d. Side Setbacks. Side Setbacks opposite the zero setback property line are not
less than twice the minimum otherwise required by this chapter.
^^^^~~
City of Dub/in Zoning Ordinance 36-7 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
8.36.060 Projections Into Required Setbacks -Building Features And Equipment.
Three classes of projections into required setback are permitted:
A. Landing, Uncovered Porch, Stairway. A landing place, or uncovered porch, and stairway
leading thereto which serves a dwelling unit entrance not greater than six (6) feet above the
ground level, may project into a required yard a distance not greater than three (3) feet.
B. Building Wall. A building wall encroaching two feet or less into a required yard may be
extended so as to continue the same building wall line but may not reduce the required yard
to a dimension less than that previously provided.
C. Building Roof, Wall Features, Building Equipment. Certain building roof and wall
features and building equipment, including but not limited to chimneys, bay windows with a
maximum width of 8 feet, cornices, eaves, canopies, landings, stairways, and similar
architectural features (not including decks more than 30 inches above natural grade, porche~~
or other indoor or outdoor living areas), and equipment such as solar collectors, air
conditioning equipment and swimming pool equipment. These classes of projections may
extend into required setbacks as follows where consistent with the requirements of Section
504 and Section 1710 of the Uniform Building Code:
1. Front and Rear Setbacks. Such features and equipment may extend into any
required Front or Rear Setback a maximum of 5 feet, provided that any equipment
other than window-mounted air conditioners shall be screened from the view of the
public road.
2. Side Setbacks.
a. 5 feet or less. Where Side Setbacks are 5 feet or less, cornices, eaves, and
canopies may extend into any required Side Setback a maximum of 2 1/2 feet,
provided that no such feature shall be permitted within 3 feet of any Side Lot
Line.
b. More than 5 feet. Where Side Setbacks are more than 5 feet, such features
and equipment listed above in Section 8.36.060.C may extend into any
required Side Setback a maximum of 2 1/2 feet, provided that no such feature
shall be permitted within 3 feet of any Side Lot Line.
3. Enclosure of equipment required. When located within a required setback as
allowed by this subsection, and within 10 feet of an existing or potential residence, or
an existing paved patio area on adjoining property, mechanical equipment that
generates noise (such as swimming pool and air conditioning equipment) shall be
enclosed as necessary to reduce noise at the property line to a maximum of 50 dBA
at any time.
City of Dub/in Zoning Ordinance 36-8 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
8.36.070 Interior Setbacks. Setbacks between structures on the same site shall be as
provided by this section.
A. Residential uses:
1. Separation between buildings. The minimum separation between detached
dwellings or buildings containing multiple dwellings on the same site shall be as
required by the Uniform Building Code or the conditions of approval of a
Conditional Use Permit, Site Development Review, Variance, or Development
Regulations of a Planned Development Development Plan approved for the project.
2. Interior courtyard. Two rows or groups of dwellings on the same site that are
separated by an inner court that provides access to the dwellings shall be separated
by a minimum of 20 feet.
3. Separation Between Multi-Family Buildings in R-M Zoning District. Multi-
family buildings in the R-M Zoning District shall be separated by a minimum
distance of 20 feet. Any parking within the setback between multi-family buildings
shall be in addition to the 20 foot setback. The 20 foot setback shall increase by 3
feet for every 10 feet that the height of the building exceeds 35 feet.
B. Agricultural, commercial or industrial uses. As required by the Uniform Building Code.
8.36.080 Lot lines. Lot lines required by this Chapter shall be located as shown in~Figure
36-4, and as follows:
A. Lot Line. Any boundary of a lot. Where adjacent to a public right-of--way a lot line shall be
the Street Right-Of--Way Line shown on a recorded subdivision map or, when established, a
Future Right-Of--Way Line. Where adjacent to a private right-of--way, a lot line shall be the
boundary of the private right-of--way. The classifications of lot lines are:
1. Front. The line separating the parcel from the Street Right-Of--Way Line, Future
Right-Of--Way Line, or boundary of the private right-of--way. On corner lots, the
Front Lot Line shall be the shortest lot line abutting a street in residential zoning
districts and the longest lot line abutting a street in commerciaUindustrial zoning
districts. If the lot lines on a corner lot are equal in length, the Front Lot Line shall
be determined by the Director of Community Development. On a through lot, the
Front Lot Line shall be the lot line abutting the street providing the primary access to
the lot.
2. Interior. Any lot line not abutting a street.
3. Rear. A lot line, not intersecting a Front Lot Line, which is most distant from the
most closely parallel to the Front Lot Line. In the case of an irregularly shaped lot or
City of Dub/in Zoning Ordinance 36-9 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
a lot bounded by only three lot lines, a line v~~ithin the lot having a length of 10 feet.
parallel to and most distant from the Front Lot Line shall be interpreted as the Rear
Lot Line for the purpose of determining required yards, setbacks, and other
provisions of this Title.
w
z
J
J
W
~_
4. Side. Any lot line which is not a Front Lot Line or a Rear Lot Line.
~. Street Side. A lot line intersecting a Front Lot Line, Rear Lot Line, or Side Lot
Line, which is also either the Street Right-Of--Way Line, Future Right-Of-Vda}- Line.
or boundary of the private right-of--way.
\~~ ~~~~ REAR O
S,p~ LOT LINE Cpl
- - - ~%l'F
w REAR sib _.._ ._
z LOT LINE F
~ SOT ~ _~
o ~~~ c^ ~
w F ~o~
0
~ ~~
FRONT LOT LINE FRONT LOT LINE
REAR
LOT LINE
FRONT LOT LINE
~`
r
/O~
O~~
~\
Figure 36-4
REAR LOT LINE
w
z
J
O
J
W
_~
FRONT LOT LINE
w
z
J
H
o ~
J W
w w
o ~
~ ~
H
W
W
0'
t-
STREET
City of Dublin Zoning Ordinance 36-10 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
8.36.090 Yards. Yards required by this Chapter shall be located on lots as shown in Figure
36-1, and as follows:
A. Yard. An open space on a lot, other than a court, unobstructed and unoccupied from the
ground upward, except as permitted by this Ordinance. The classifications of yards are:
1. Front. An area extending across the full width of the lot between the Front Lot Line
and a structural setback line parallel thereto. The determination of Front Yards for
corner lots shall be as described for Front Lot Line above.
2. Side. An area extending from the required Front Yard to the required Rear Yard and
from the Side Lot Line to a structural setback line parallel thereto.
3. Rear. An area extending across the full width of the lot between the Rear Lot Line
and a structural setback line parallel thereto.
4. Street Side. An area extending from the required Front Yard to the Rear Lot Line
and from the Street Side Lot Line to a structural setback line parallel thereto.
8.36.100 Maximum Lot Coverage
A. Applicability of coverage regulations. Maximum lot coverage regulations are intended to
establish the maximum lot area which may be covered with buildings and structures.
Buildings and structures include all land covered by principal buiidings, garages and
carports, accessory structures, covered decks and gazebos, and other enclosed and covered
areas; but not standard roof overhangs, cornices, eaves, uncovered decks, swimming pools,
paved areas such as walkways, driveways, patios, uncovered parking areas or roads.
;d. Computation of coverage. All areas of coverage are computed in terms of net lot area and
at ground level.
8.36.110 Height Limits and Exceptions
A. Applicability of height limits. Height limits for buildings and structures are established by
Chapter 8.12, Zoning Districts and Permitted Uses of Land; other provisions of this Title;
Chapter 8.36, Development Regulations; Chapter 8.72, Landscaping and Fencing
Regulations for fence height limits; and Chapter 8.84, Sign Regulations, for sign height
limits. No building or structure shall be constructed or altered to exceed the height limits
established by this Title, except as otherwise provided by this Chapter.
B. Measurement of height. The height limits for buildings and structures established by this
Chapter or other provisions of this Title shall be measured as the vertical distance from the
City of Dub/in Zoning Ordinance 36-1 1 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
highest point of the structure to the average of the highest and lowest points where the
exterior walls touch the natural grade. as shown in Figure 36-~.
F--
Highest point where ~
exterior walls touch _
-~
the natural grade.
' ~
100
- ~
w
AVERAGE 85, _ _ _ _ _ _ _ _ _ _
70 NATURAL
Lowest point where GRADE
exterior walls touch
the natural grade
FIGURE 36-5,
MEASUREMENT OF HEIGHT
C. Exceptions to height limits. The height limits for buildings and structures established by
this Chapter are subject to the following exceptions:
1. Public and quasi-public buildings and structures. In a zoning district with a
height limit of less than 7~ feet, public and quasi-public buildings, communications
equipment buildings, schools, churches, hospitals, and other institutions permitted in
the zoning district, may be erected to a maximum height of 7~ feet, provided that all
required setbacks shall be increased by one foot for each foot of height that the
building exceeds the normal height limit established by the zone.
2. Residential exception -Sloping lots. The maximum height allowed for a dwelling
may be increased when the average natural slope of a proposed building envelope is
1 ~ percent or more, as follows:
Building Site Slope Max. Allowed Height Increase
1 ~ percent ~ feet
22.E percent ] 0 feet
30 percent or more 1 ~ feet
City of Dub/in Zoning Ordinance ~ 36-12 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
The maximum allowed height for a dwelling on a site with slope between 1 ~ and
22.5 percent may be increased over the five feet specified above by the same
proportion that the actual site slope exceeds 15 percent. The maximum allowed
height for ~ dwelling on a site with slope between 22.5 anri 30 percent inay be
increased over the 10 feet specified above by the same proportion that the actual site
slope exceeds 22.5 percent.
3. Exceptions for specific types of structures:
a. Architectural features, mechanical equipment. Chimneys, vents, and
other architectural or mechanical appurtenances on buildings may be a
maximum of 15 percent higher than the height limit of the applicable zone.
b. Freestanding structures. Towers, poles, water tanks, and similar structures
may be constructed higher than the height limit of the applicable zone if the
additional height is authorized through a Conditional Use Permit approval by
the Zoning Administrator.
c. Utility and communications facilities. Individual radio and television
receiving antennas, satellite dishes, transmission and distribution poles and
towers for public utilities are not subject to the height limits of this Chapter.
See Chapter 8.92, Wireless Communication Facilities Regulations, regarding
land use approvals for those facilities.
8.36.120 Lot widths/frontages and Exceptions
A. Applicability of Lot Widths. Lot widths are established by Sections 8.36.020A and
8.36.030A, Development Regulations. No lot shall have a width less than that established
by this Chapter, except as otherwise provided by this section.
B. Measurement of Lot Width. The lot widths established by Sect~ons 8.36.020A and
8.36.030 A or other provisions of this Ordinance shall be the horizontal distance between
Side Lot Lines, measured at right angles to the line along which lot depth is measured, at a
point midway between the Front and Rear Lot Lines.
C. Applicability of Lot Frontages. Lot frontages are established by Sections 8.36.020A and
8.36.030A. No lot shall have a frontage less than that established by this Chapter, except as
otherwise provided by this section.
D. Measurement of Lot Frontage. Lot frontages are measured from Side Lot Line to Side Lot
Line along the Front Lot Line. The Lot Frontage of a Building S rce shall be equal to one-
half of the Lot Width, or equal to the Frontage as required in Section 8.36.020A and 030A,
whichever is greater.
City of Dub/in Zoning Ordinance 36-13 September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
1r.. Irregular, Cul-de-sac, and Flag Lot widths.
1. Irregular Lots. The Community Development Director shall determine the width of
irregular lots.
2. Cul-de-sac lots. Cul-de-sac lot shall have a minimum Lot Frontage of 30 feet.
3. Flag lots. Flag lots are discouraged except under unusual design constraints. The
driveway portion and Lot Frontage of an individual flag lot shall not be less than 30
feet wide, and the driveway portions and Lot Frontages of adjacent flag lots shall not
be less than 20 feet wide, unless determined otherwise by a Site Development
Review, Tentative Map, Planned Development Development Plan, or Variance.
8.36.130 Lot depth and Exceptions
A. Applicability of lot depth. Lot depth is established by Sections 8.36.020A and 8.36.030A,
and this Section. No lot shall have a depth less than that established by this Chapter. except
as otherwise provided by this section.
B. Measurement of lot depth. The lot depth established by Sections 8.36.020A and
8.36.030A or other provisions of this Ordinance shall be the horizontal distance measured
along a line generally parallel to the Side Lot Lines between the 1 ront Lot Line and the Rear
Lot Line or where Side Lot Lines intersect. If either Side Lot Line has any angular change
of direction, Lot Depth shall be measured along a straight line starting from the midpoint of
the Front Lot Line so as to bisect the front half of the Lot, and extending to the Rear Lot
Line.
City of Dub/in Zoning Ordinance 36-14 September, 199 i
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
CHAPTER 8.40 ACCESSORY STRUCTURES AND USES
REGULATIONS
8.40.010 Purpose. The purpose of these provisions is to establish the regulations
that apply to accessory structures, and to specify the uses that are permitted
as accessory to the principal uses in the zoning districts.
Intent. The intent of these provisions is to ensure the compatibility of
accessory structures and uses with permitted structures and uses.
8.40.020 Accessory Structures
A. Accessory Structures Included With Permitted Uses. In addition to the principal
structures associated with permitted Use Types, each Use Type shall be deemed to
include such accessory structures which are specifically identified by these
Accessory Structures and Uses Regulations, and to include such other accessory
structures which are necessarily and customarily associated with, and are
appropriate, incidental, and subordinate to, such principal structures. It shall be the
responsibility of the Director of Community Development to determine if a
proposed accessory structure is necessarily and customarily associated with, and is
appropriate, incidental, and subordinate to the principal structure, based on the
Director of Community Development's evaluation of whether the proposed
accessory structure is necessarily or customarily associated with the Use Type for
which the development was constructed. Determinations by the Director of
Community Development shall be subject to appeal pursuant to Chapter 8.136,
Appeals, and a record of all such determinations shall be maintained by the Director
of Community Development.
B. Accessory Structures Subject to Regulations. Accessory structures shall be
regulated in the same manner as the principal structures within each zoning district,
except as otherwise expressly provided in these regulations.
C. General Requirements
1. Attached Structures. If an accessory structure is attached to a principal
structure, it shall be made structurally a part of the principal structure and
shall comply with all the requirements of this Title to the principal structure.
2. Breezeways. A breezeway or other extension of the principal structure or
accessory structure roof may connect the accessory structure to the principal
structure, but it shall not be considered part of the principal structure. The
breezeway and accessory building must meet principal building setbacks.
City of Dub/in Zoning Ordinance 40-1 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
3. Height. Detached accessory structures, unless specified otherwise in this
Chapter, shall have a maximum height of 15 feet. Detached accessory
structures in the Agriculture zoning district shall have a maximum height of
1 ~ feet except for barns which may be 2 stories high if the upper story is
designated only for storage of hay and agricultural supplies.
D.
4. Inhabitable space. Accessory structures, with the exception of
Guesthouses, shall not be constructed so as to provide year-round
inhabitable space.
5. Location of Accessory Structure. Shall be on the same lot as principal
use.
6. Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or
other similar enclosure constructed of lattice, or equivalent material through
which air and light can pass, shall be constructed so that 80% of each side,
which is not attached to a principal structure, is open and not inhabitable on
a year-round basis.
7. Public Works Setbacks. No accessory structure shall be located between
the Street right-of--way line and a Future Right-of--Way Line.
8. Separation of detached accessory structure from other structures on
the same lot. No detached accessory structure shall be located within 6 feet
of any other structure on the same lot.
9. Side Yards shall not be obstructed to less than their required width.
Notwithstanding that certain accessory structures may be located in a Side
Yard, no Side Yard shall be obstructed to less than its required width by any
accessory structure. Furthermore, no Side Yard shall be blocked to less
than its required width by vehicles, obstacles, furniture, appliances, debris,
or other items which would impair access. The intent of this regulation is to
ensure that accessory structures and other items are not placed in a Side
Yard adjacent to the principal structure resulting in the impairment of access
to less than that required for a Side Yard.
10. Timing of Construction. Accessory structures, temporary structures, and
swimming pools shall be constructed or otherwise established at the same
time as, or after, the principal structure or use.
Requirements for Specific Accessory Structures that Apply City-wide.
1. Antennae. Antennae are subject to the provisions of Chapter 8.92,
Wireless Communications Facility Regulations.
City of Dub/in Zoning Ordinance 40-2 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback
from any property line. Additional height may be authorized through
Conditional Use Permit approval by the Zoning Administrator.
E. Agricultural Accessory Structures permitted by means of Site Development
Review. All agricultural accessory structures, including, but not limited to, stable,
barns, pens, corrals, greenhouses, or coops are permitted by means of a Site
Development Review in the Agricultural zoning district.
F. Permitted Residential Accessory Structures.
1. General requirements.
a. Adjacent a fence or wall. No accessory structure shall be located
against any wall or fence if any portion of the accessory structure
would appear above the plane of the fence or wall, except as
follows:
1. Setback. Any accessory structure adjacent to a fence or wall
may be taller than that fence or wall if it is set back a
distance from the fence or wall equal to the height of the
accessory structure.
b. Enclosed Accessory Structures in Multi-Family districts. No
enclosed accessory structure shall be erected in aMulti-Family
zoning district unless pursuant to a Site Development Review.
c. In Front of a Residence. No accessory structure, with the
exception of an entry feature, shall be located in the Front Yard, the
area between the Front Yard and the residence, or within the portion
of a Side Yard or a Street Side Yard that projects in front of the
residence.
d. Key lots. On a corner lot in an R-1 or R-2 zoning district adjacent
to a Key Lot no accessory structure shall be closer to the Street Side
Lot Line than 10 feet.
e. Maximum square footage of detached accessory structures
(excluding swimming pools) on a lot. The combined maximum
square footage of a detached accessory garage, workshop, studio, or
office shall not exceed 1,000 square feet unless a larger size is
approved by the Zoning Administrator by means of a Conditional
Use Permit.
City of Dub/in Zoning Ordinance 40-3 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
f. Rear Yard Coverage. The maximum coverage of the required Rear
Yard by all accessory structures (with the exception of swimming
pools) is 30%.
g. On the street side of a fence, hedge or wall. No accessory
structure in an R-1 or R-2 zoning district may be located on the
street side of a fence, hedge or wall.
2. Structures.
a. Exceptions to Accessory Structure Requirements. An exception
to the requirements of this section may be approved by the Zoning
Administrator by means of a Conditional Use Permit.
b. Decks. Uncovered decks under 30 inches in height are permitted
anywhere on a parcel, without respect to required setbacks.
c. Entry features. Entry features (such as arbors, arches, and
trellises) may be located within the required front Yard Setback
provided they do not have a width of more than 15 feet, and do not
have a height more than 10 feet.
d. Greenhouse. A Greenhouse accessory structure with a maximum
size of 500 square feet with transparent or translucent roof and/or
wall panels.
e. Guesthouses. A detached Guesthouse accessory structure may be
established on the lot of asingle-family residence, as follows:
I. Not located in setback area. A guesthouse shall not be
located within any required setback area.
2. Permitted and prohibited spaces. A guesthouse may
contain a sleeping space, bathroom and other living space,
but may not contain kitchen facilities.
3. Floor area limitation. The maximum floor area allowed for
a guesthouse is 50% of the habitable floor area of the main
residence, up to a maximum of 840 square feet.
City of Dub/in Zoning Ordinance 40-4 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
f. Recreation facilities. Including recreation activity courts and
facilities, swimming pools, spas and hot tubs, provided those
facilities are to be used solely by occupants of the dwelling(s) on the
same lot and their guests.
g. Security gates. Security gates and gate houses at project entrances
are permitted through Site Development Review.
h. Heights and Setbacks. Heights and setbacks for detached shade
structures, gazebos, covered patios and enclosed structures are as
follows:
Shade Enclosed Enclosed
Structures Structure Structure less
Gazebos and greater than than or equal to
Covered Patios fence height fence height
Height (max) 15 feet 15 feet Equal to fence
height
excluding
lattice portion
Front Yard 15 feet Not allowed Not allowed
Setback
Side Yard 5 feet Distance equal 0 feet
Setback (1) to height of
accessory
structure from
fence
Street Side Yard 5 feet 5 feet 5 feet
Setback
Key Street Side 10 feet 10 feet 10 feet
Yard Setback
Rear Yard 5 feet Distance equal 0 feet
Setback to height of
accessory
structure from
fence
(1) Provided the requirements of Section 8.40.020.F.1.a. regarding appearing over a wall
are met.
i. Signs. Signs are regulated by Chapter 8.84, Sign Regulations.
City of Dub/in Zoning Ordinance 40-5 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
j. Swimming pools/spas hot tubs. Private swimming pools, spas and
hot tubs are permitted as accessory structures to approved residential
structures on the same lot, subject to the following provisions:
1. Setbacks. Swimming pools, spas, hot tubs, and their
associated equipment shall be located at least 25 feet from
the front property line, and 5 feet from a side property line or
rear property line.
2. Gates. Each gate providing access to the swimming pool,
spa, hot tub, or the entire site through a fence shall be
equipped with aself-closing ,self-latching device designed
to keep the gate securely closed when not in actual use. The
latching device of the gate shall be at least 4 feet above finish
grade.
3. Doors. Where a garage forms part of the pool enclosure, any
door from the garage to the pool enclosure shall be equipped
with aself-closing, self-latching device designed to keep the
door securely closed when not in actual use. The latching
device of the door shall be at least 4 feet above the floor.
4. Fencing. The swimming pool, spa, hot tub, or the entire site
shall be enclosed by a fence at least 48 inches high.
S. Maintenance required. The owner or the person in
possession of the premises shall maintain the gates, doors,
and fencing in good condition at all times.
k. Tennis and sport courts. Non-commercial outdoor tennis courts
and courts for other sorts (e.g., racquetball, etc.) accessory to a
residence are accessory structures subject to the following
requirements:
1. Fencing. Shall be subject to the height limits of Chapter
8.72, Landscaping and Fencing Regulations.
2. Lighting. Court lighting shall not exceed a maximum height
of 20 feet. Such lighting shall be directed downward, shall
only illuminate the court, and shall not illuminate adjacent
property.
City of Dub/in Zoning Ordinance 40-6 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
G. Commercial and Industrial Accessory Structures permitted pursuant to Site
Development Review and as required by this Title.
1. Carports, garages, bicycle lockers, and off street parking areas and
structures.
2. Shade structures.
3. Detached unenclosed storage buildings and pole buildings. Typically
associated with the outdoor display of building materials, nursery stock, or
other materials which are typically displayed outdoors or under a solid
canopy.
4. Security gates. Including security gates and gate houses at project
entrances.
5. Recreation facilities.
6. Transit facilities.
7. Trash enclosures and recycling facilities.
H. Prohibited accessory structures within all Use Types.
1. Restrooms with bathing facilities in a detached garage, office, studio or
workshop.
2. Detached inhabitable accessory structure other than a Guesthouse or
Second Unit.
8.40.030 Accessory Uses
A. Accessory Uses Encompassed by Primary Use. In addition to the principal uses
expressly included in a permitted (or conditionally permitted if approved pursuant
to a Conditional Use Permit) Use Type, each Use Type shall be deemed to include
such accessory uses which are specifically identified by these Accessory Structures
and Uses Regulations; and to include such other accessory uses which are
necessarily and customarily associated with, and are appropriate, incidental, and
subordinate to, such principal uses. It shall be the responsibility of the Director of
Community Development to determine if a proposed accessory use is necessarily
and customarily associated with, and is appropriate, incidental, and subordinate to,
the principal Use Type, based on the Director of Community Development's
evaluation of the resemblance of the proposed accessory use to those uses
specifically identified as accessory to the principal Use Types and the relationship
City of Dublin Zoning Ordinance 40-7 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
between the proposed accessory use and the principal Use Type. Determinations
by the Director of Community Development shall be subject to appeal pursuant to
Chapter 8.136, Appeals, and a record of all such determinations shall be maintained
by the Director of Community Development.
B. Accessory Uses Subject to Regulations. Accessory uses shall be regulated in the
same manner as the principal uses within each Use Type, except as otherwise
expressly provided by these regulations.
C. Requirements for Specific Accessory Uses that Apply City-wide. The following
accessory uses are as described below.
1. Accessory storage of building materials and equipment. Building
materials and equipment being used for construction may be stored on the
construction site as long as a valid building permit is in effect for the
construction. Building materials and equipment include stockpiles of
construction materials, tools, equipment, and building component assembly
operations.
D.
E.
2. Wireless Communications Facilities. Wireless Communications Facilities
are subject to the provisions of Chapter 8.92, Wireless Communications
Facilities Regulations.
3. Flag poles. Flag poles are permitted uses in any zoning district.
Permitted Agricultural Accessory Uses.
1. Office. Office for the administration of an Agriculture Use Type.
Permitted Residential Accessory Uses.
1. Garages. A Garage accessory use consists of an attached or detached
accessory structure used for the storage of vehicles, for a workshop, or for
storage space. A detached accessory garage shall not occupy more than
1,000 square feet per residence (including any workshop or storage space
within the garage) unless a larger area is authorized by the Zoning
Administrator by means of a Conditional Use Permit. The floor area of an
accessory garage that is attached to a dwelling unit is not limited, except as
may be required by the Uniform Building Code or any other applicable
construction or fire code. The combined maximum square footage of a
detached accessory garage, workshop, studio, or office shall not exceed
1,000 square feet unless a larger size is authorized by the Zoning
Administrator by means of a Conditional Use Permit.
City of Dub/in Zoning Ordinance 40-8 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
2. Garage/Yard sales. The temporary sale of used household or personal
articles held on the seller's own residential premises, also referred to as a
yard sale or rummage sale, so long as such sales are limited to two days per
event and are not conducted on the same lot more than four times within a
calendar year.
3. Greenhouses. A Greenhouse for the non-commercial raising of plants.
4. Guesthouses. A guesthouse may be established as an accessory use on the
lot of asingle-family residence, as follows:
a. Limitation on use. A guesthouse shall comply with the following
provisions:
1. For the purposes of this Chapter, prohibited kitchen facilities
include kitchen-type counters and/or cabinets, kitchen sinks,
or any appliances for the preparation or preservation of food,
including but not limited to, gas or electric ranges, ovens or
stovetops, microwave ovens, refrigerators with more than 5
cubic feet of capacity, or freezers.
2. A guesthouse shall not be allowed on any lot containing a
secondary dwelling established pursuant to Chapter 8.80,
Second Units.
3. No more than one guesthouse shall be established on any lot.
5. Home Occupations. Home occupations may not be conducted within an
accessory structure or temporary structure. Home Occupations are subject
to the provisions of Chapter 8.64, Home Occupations Regulations.
6. Offices, studios, or workshops. Detached offices, studios, or workshops
within an enclosed building and used by an occupant of a residence located
on the same lot as such building to carry on administrative or artistic
activities of a commercial nature, so long as such activities comply with
Chapter 8.64, Home Occupations Regulations. The combined maximum
square footage of a detached accessory garage, workshop, studio, or office
shall not exceed 1,000 square feet unless a larger size is authorized by the
Zoning Administrator by means of a Conditional Use Permit.
7. Rental and sales office. A rental and sales office for the leasing and sales
of units located in the same apartment or condominium complex.
City of Dub/in Zoning Ordinance 40-9 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
8. Repair and maintenance of automobiles or other vehicles. The repair
and maintenance of automobiles or other vehicles is permitted within a
garage if work is being done on a vehicle registered to the occupant of the
premises. Notwithstanding the above, painting of motorized vehicles, or the
repair and maintenance of any tractor trucks or semi-trucks is prohibited in
any residential zoning district. No sound associated with the repair or
maintenance of automobiles shall be audible at the property line.
9. Rooming and boarding. The rental of bedrooms within asingle-family
dwelling to no more than four borders is a permitted accessory use. Rental
of rooms to more than four borders constitutes a Boarding House, which is
included within the definition of Multi-Family Dwelling and is allowed in
the R-1, R-2, and R-M zoning districts by the Zoning Administrator
pursuant to a Conditional Use Permit.
10. Swimming pools/spas hot tubs. Private swimming pools, spas and hot
tubs for approved residential uses on the same lot, provided those facilities
are to be used solely by occupants of the dwelling(s) on the same lot and
their guests.
11. Tennis and sport courts. Non-commercial outdoor tennis courts and
courts for other sorts (e.g., racquetball, etc.) accessory to a residential Use
Type are permitted as accessory uses.
F. Accessory Uses prohibited in Residential and Agricultural Districts. No
accessory use involving any of the following shall be conducted within a Front
Yard, the area between the Front Yard and the residence, or a Street Side Yard on a
corner lot (outside a fence or wall) in any agricultural or residential district:
1. Storage, repair or dismantling. The storage, repair or dismantling of
motorized vehicles, electrical refrigerators, washers, dryers or other
household appliances, or other items determined to be in substantial
conformity with the above by the Director of Community Development.
2. Storage or display. The storage or display of equipment, appliances,
tools, materials or supplies unless as part of a Garage/Yard Sale.
G. Permitted Commercial and Industrial Accessory Uses.
1. Automatic Teller Machine.
2. Cafeteria, delicatessen and food vending. Permitted if less than 1,000
square feet in area.
City of Dub/in Zoning Ordinance 40-10 September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
3. Plazas for public assembly.
4. Recreational facilities. Recreational facilities, whether indoors or
outdoors, for the use of employees. Such facilities include, but are not
limited to: basketball courts, ballfields, putting greens and volleyball courts.
5. Recycling collection center. Facility for collection of recyclable materials
generated on-site.
6. Retail sales. Retail sales incidental to wholesale sales in Industrial zoning
districts where the retail sales space is 10% or less of the entire sales space.
7. Retail sale of products produced by a permitted Industrial Use Type on
the premises.
City of Dub/in Zoning Ordinance 40-1 1 September, 1997
ADULT BUSINESS ESTABLISHMENT REGULATIONS
Chapter 8.44
CHAPTER 8.44 ADULT BUSINESS ESTABLISHMENT
REGULATIONS
8.44.010 Purpose. The purpose of this section is to establish comprehensive regulations
applicable to the location of Adult Business Establishments in the City of Dublin.
These regulations are in addition to all other provisions of this Title and apply to
those land uses listed in Chapter 8.12, Zoning Districts And Allowable Uses Of
Land, such as bookstores, motion picture theaters, etc. which, because of the
emphasis or primary orientation of their stock-in-trade or services offered,
constitute Adult Business Establishments as defined by this Title. In the event
that the provisions of this section conflict with other applicable provisions of this
Title, the provisions of this section shall prevail.
Intent. The City Council finds that Adult Business Establishments, because of
their very nature, are recognized as having serious objectionable operational
characteristics, particularly when several of them are concentrated under certain
circumstances, thereby having a deleterious effect upon adjacent areas. It is the
intent of this Title that such businesses be regulated to ensure that the serious
objectionable operational characteristics will not contribute to the blighting or
downgrading of the surrounding neighborhoods and to prevent the concentration
or clustering of Adult Business Establishments in any one area.
8.44.020 Definitions. For definitions of Adult Business Establishments and terms used in
this Section, please see Chapter 8.08, Definitions.
8.44.030 Conditional Use Permit Required. It shall be unlawful to establish an Adult
Business Establishment as defined in this Title without first obtaining a
Conditional Use Permit pursuant to Chapter 8.100, Conditional Use Permit.
A. Procedures. The Conditional Use Permit procedures shall be followed except as
otherwise stated in this Chapter.
B. No other use permit shall be required to operate an Adult Business Establishment.
C. Location Requirements and Regulations. The location requirements and regulations
set forth in sections 8.44.050 and 8.44.060 below supersede the findings required for a
Conditional Use Permit. Unless otherwise provided in this Chapter, it is required that all
location requirements and regulations be met for a Conditional Use Permit for an Adult
Business Establishment to be approved. These requirements and regulations shall be the
only standards on which the Conditional Use Permit shall be based.
City of Dub/in Zoning Ordinance 44-1 September, 1997
ADULT BUSINESS ESTABLISHMENT REGULATIONS
Chapter 8.44
D. Narrow, objective and definite standards. In order to implement the Purpose and
Intent of this Chapter, narrow, objective and definite standards shall be imposed in
Sections 8.44.050 and 8.44.060 below, which are found to be reasonably necessary to
prevent incompatibility and/or conflicts with other land uses in the immediate vicinity of
the proposed Adult Business Establishment.
E. Conditionally permitted only in the C-1 and C-2 zoning districts. A Conditional Use
Permit for an Adult Business Establishment may only be approved within the C-1 and
C-2 zoning districts.
8.44.040 Variance.
A. Application/Findings. Any property owner or his/her authorized agent may apply to the
Planning Commission for a variance from Section 8.44.050, Location Requirements. The
Planning Commission, after a public hearing, may issue a variance if the following
findings are made:
The Applicant has met the findings required for variances from the Zoning
Ordinance pursuant to Chapter 8.112, Vaziance.
2. The proposed use will not be contrary to the public interest or injurious to nearby
properties, and that the spirit and intent of this Title will be observed.
3. The proposed use will not enlazge or encourage the development of a blighted
area with concentrations of Adult Business Establishments.
4. The establishment of an Adult Business Establishment shall be consistent with the
General Plan and any applicable Specific Plans.
5. That all applicable provisions of state and local law will be observed.
B. Procedure. The procedure for obtaining and receiving a vaziance shall be the same as
that provided in Chapter 8.112, Vaziance. However, if the Director of Community
Development determines that such variance would impact a neazby residential area,
public pazk, place of worship, or school beyond a 300 (three hundred) foot radius of the
requested location, notice of such variance request shall be given to all property owners
on the assessment rolls within a radius of 1000 (one thousand) feet of such requested
location.
City of Dub/in Zoning Ordinance 44-2 September, 1997
ADULT BUSINESS ESTABLISHMENT REGULATIONS
Chapter 8.44
8.44.050 LOCATION REQUIREMENTS. All Adult Business Establishments shall be
located as follows:
A. Distance from other uses. It shall be unlawful to cause or permit the establishment of
any such Adult Business Establishment if the location is:
Within 500 feet of the boundary of any area zoned for residential use.
2. Within 1,000 feet of any other Adult Business Establishments.
Within 500 feet of any parcel that is the site of any public library or any public,
private, or parochial school or preschool, public park, playground, public building
or other public facility, place of worship, or any non-commercial establishment
operated by a bona fide religious organization, or any establishment primarily
intended to be used by minors.
B. Establishment of an Adult Business Establishment. The establishment of any Adult
Business Establishment shall include the opening of such a business as a new business,
the relocation of such a business, or the conversion of an existing business location to any
Adult Business Establishment use.
C. Measure of distance. The distance between any two Adult Business Establishments
shall be measured in a straight line, without regard to intervening structures, from the
closest exterior structural wall of such Adult Business Establishment. The distance
between any Adult Business Establishment and any area zoned for residential use, or any
public library or any public, private, or parochial school or preschool, public park,
playground, public building or other public facility, place of worship, or any non-
commercial establishment operated by a bona fide religious organization, or any
establishment likely to be used by minors, shall be measured in a straight line, without
regard to intervening structures, from the closest exterior structural wall of the Adult
Business Establishment to the closest property line of the area zoned for residential use,
or any public library or any public, private, or parochial school or preschool, public park,
playground, public building or other public facility, place of worship, or any non-
commercial establishment operated by a bona fide religious organization, or any
establishment likely to be used by minors.
8.44.060 REGULATIONS. All Adult Business Establishments shall be regulated as
follows:
A. Procedures. An application has been made in accordance with the procedures
established in Chapter 8.100, Conditional Use Permit.
City of Dub/in Zoning Ordinance 44-3 September, 1997
ADULT BUSINESS ESTABLISHMENT REGULATIONS
Chapter 8.44
B. Requirements of Zoning Ordinance are met. All regulations of this Title set forth in
Chapter 8.36, Development Regulations, and Chapter 8.76, Off-Street Parking and
Loading Regulations, Chapter 8.72, Landscaping and Fencing Regulations, and Chapter
8.84, Sign Regulations, for uses in the C-1 or C-2 zone as applicable, are met.
C. Local and state laws. The building and lot on which an Adult Business Establishment is
located shall comply with local and state laws regarding building security, occupancy,
structural safety, and with all applicable building, plumbing and fire codes.
D. Consistency with the General Plan and applicable Specific Plans. The establishment
of an Adult Business Establishment shall be consistent with the General Plan and any
applicable Specific Plans.
E. Visibility. It shall be unlawful to maintain, operate or manage or permit to be
maintained, operated or managed any Sex-oriented Motion Picture Arcade in which the
viewing areas and openings to the viewing areas are not visible from a continuous main
aisle or are obscured by a curtain, door, wall, or other enclosure. For purposes of this
Section, viewing area means the area where a patron or customer would ordinarily be
positioned while watching the film, performance, picture, program or show.
F. Occupancy of an individually partitioned viewing area or booth. It shall be unlawful
for more than 1 person at a time to occupy an individually partitioned viewing area or
booth.
G. Holes or Openings. It shall be unlawful to create, maintain or permit to be maintained
any holes, or other openings between any 2 or more individual viewing areas or booths
for the purpose of providing viewing or physical access between the individual viewing
area or booth.
H. Visibility of interior of the establishment from the exterior. It shall be unlawful for
the interior of an Adult Business Establishment to be visible from the exterior of the
establishment.
I. Sex-oriented Materials in bathrooms. It shall be unlawful for Sex-oriented Materials to
be permitted in bathrooms.
J. Separation. All live adult business entertainment shall take place in an area which is at
least 6 feet from all. members of the public and which is separated by a rail or other
physical barrier designed to obstruct any contact between any entertainer and the public.
City of Dub/in Zoning Ordinance 44-4 September, 1997
ADULT BUSINESS ESTABLISHMENT REGULATIONS
Chapter 8.44
K. Illegal Activities. Illegal activities shall not knowingly be permitted to occur on the
premises. All measures necessary to eliminate illegal activities on the premises shall be
taken as soon as they are known to exist.
L. Inspection. All Adult Business Establishments shall permit law enforcement and code
enforcement officers to inspect the premises at any time without advance notice during
normal business hours.
M. Conduct. All Adult Business Establishments shall take all reasonable measures
necessary to control patrons' conduct resulting in disturbances, vandalism, criminal
activity or crowd control problems occumng inside or outside the premises, traffic
control problems, or creation of a public or private nuisance, or obstruction of the
operation of another business.
N. Hours of Operation. Hours of operation may be designated by the Planning
Commission as a condition of a Conditional Use Permit if it finds, based on substantial
evidence, that there is a need for regulation of hours due to a specifically identified
significant problem linked to the Adult Business Establishment that is the subject of the
Conditional Use Permit. When regulating the hours of an Adult Business Establishment,
the Planning Commission shall, whenever possible, designate hours which are consistent
with the hours of operation of nearby businesses which are similar in nature. If shorter
hours than those of nearby businesses are imposed, the need for such hours shall be
identified by the Planning Commission, a finding shall be made that a less restrictive
condition or requirement would not alleviate the problems imposed by the longer hours of
operation of such establishment, and set forth the period of time after which the permit
holder could seek review of the Planning Commission's designation of the hours of
operation of said establishment.
O. Public display of certain matter prohibited. All building openings, entries, and
windows of Adult Business Establishments shall be located, covered, or screened in such
a manner as to prevent a view into the interior from any public or semi-public area,
including public sidewalks, streets, arcades, hallways, or passageways of any material
which has as its primary or dominant theme matter depicting, illustrating, describing, or
relating to Specified Anatomical Areas or Specified Sexual Activities as defined in this
Title. Furthermore, such businesses shall not have signs, graphics, or window displays
which in any way present, depict, illustrate, or describe such material when such material
has as its purpose or effect sexual arousal, gratification, or affront.
P. Fees. All applicable fees required pursuant to Chapter 8.124, Applications, Fees and
Deposits, shall have been paid.
City of Dub/in Zoning Ordinance 44-5 September, 1997
ARCHAEOLOGICAL RESOURCES REGULATIONS
Chapter 8.48
CHAPTER 8.48 ARCHAEOLOGICAL RESOURCES
REGULATIONS
8.48.010 Purpose and intent. The purpose and intent of this Chapter is to establish
regulations which conserve and protect archaeological resources in the
City of Dublin.
8.48.020 Archaeology Regulations. In the event that azchaeological resources,
prehistoric or historic artifacts are discovered during any construction or
excavation, the following regulations shall apply:
A. Cessation of construction activities. Construction and/or excavation activities
shall cease immediately and the Department of Community Development shall be
notified.
B. Procedure A qualified archaeologist shall be consulted to determine whether any
such materials are significant prior to resuming ground breaking construction
activities. Standardized procedures for evaluating accidental finds and discovery
of human remains shall be followed as prescribed in Appendix K of the California
Environmental Quality Act Guidelines.
City of Dub/in Zoning Ordinance 48-1 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
CHAPTER 8.52 DENSITY BONUS REGULATIONS
8.52.010 Title. These regulations shall be called the Density Bonus Regulations of
the City of Dublin.
8.52.020 Purpose. These regulations are intended to establish policies which
facilitate the development of senior housing, and of affordable housing to
serve a variety of economic needs within the City. In order to encourage
the provision for lower and very low income housing, and senior citizen
housing, the City shall provide applicants who agree to meet the
requirements established by this Chapter, a density bonus and additional
incentives if it is found necessary for affordability, or, the City shall
provide other incentives of equivalent fmancial value. The regulations set
forth in the Chapter shall apply City-wide, including the extended planning
area.
8.52.030 Definitions. For the purposes of these regulations, certain words and
phrases shall be interpreted as set forth in this Chapter unless it is apparent
from the context that a different meaning is intended. Where any of the
definitions in this Chapter may conflict with definitions in Chapter 8.08,
Definitions, the definitions in this Chapter shall prevail for the purposes of
this Chapter.
A. Affordable Unit. A unit for which the rent or mortgage payment does not exceed,
for lower income households, 30% of 60% of the Alameda County median income
adjusted for household size, or for very low income households, 30% of 50% of
the Alameda County median income adjusted for household size.
B. Applicant. Any person, firm, partnership, association, joint venture, corporation,
or any entity or combination of entities which seeks City permits and approvals for
a project.
C. Approval. Adoption of a resolution by the Planning Commission and/or City
Council approving a discretionary permit such as a Tentative Map, Conditional
Use Permit, Site Development Review, or Variance.
D. City. The City of Dublin or its designee or any entity with which the City
contracts to administer this chapter.
E. Density Bonus. A 30% increase in the number of dwelling units authorized for a
particular parcel of land beyond the otherwise maximum allowable residential
density under the Zoning Ordinance and the Land Use Element of the General Plan
as of the date of application for a project.
F. Density Bonus Unit. A dwelling unit authorized as a result of the density bonus
for a project.
G. Dublin Employee. Any single person, head of household, or in the case of
married couples either spouse, who has worked within the City Limits of Dublin
City of Dub/in Zoning Ordinance 52-1 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
continually for one (1) year immediately prior to the date of application for a
restricted unit.
H. Dublin Resident. Any person who has lived within the City Limits of Dublin
continually for one (1) year immediately prior to the date of application for a
restricted unit. Continually shall be construed to include lapses of residency of no
longer than six months.
I. First Time Home Buyer. A person who has not held an ownership interest in a
residence within the past three years.
J. Household. One person living alone or two or more persons sharing residency
whose income is available to meet the family's needs and who are related by blood,
marriage or operation of law.
K. Incentive. A benefit offered by the City to facilitate construction of housing
projects which include restricted units. Among others, benefits may include fee
waivers for restricted units and priority processing for projects which provide
restricted units.
L. Lower Income Households. A household whose gross income is as established
by Health and Safety Code Section 50079.5 as amended from time to time.
M. Project Owner. Any person, firm, partnership, association, joint venture,
corporation, or any entity or combination of entities which holds fee title to the
land on which the project is located.
N. Property Owner. The owner of a restricted unit excepting a "Project Owner".
O. Project. A housing development at one location including all dwelling units for
which permits have been applied for or approved within atwelve-month period.
P. Resale Controls. A resale restriction placed on restricted units by which the price
of such units and/or the age or income of the purchaser will be restricted in order to
ensure the affordability and occupancy by lower or very low income households or
senior citizens.
Q. Restricted Unit. A unit to be sold or rented to senior citizens, or, at a price
affordable to lower and very low income households.
R. Senior Citizen. A person at least 62 years of age.
S. Unit Type. Dwelling units with similar floor area and number of bedrooms.
T. Very Low Income Household. A household whose gross income is as established
by Health and Safety Code Section 50105 as amended from time to time.
City of Dub/in Zoning Ordinance 52-2 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
8.52.040 Applicability.
A. In order to qualify for a density bonus, a project must consist of five or more
dwelling units and meet one or more of the following criteria:
1. 20% of the total units are designated for lower income households, or
2. 10% of the total units are designated for very low income households, or
3. 50% of the total units are designated for senior citizens.
B. Projects which meet the requirements set forth in this Chapter shall qualify for a
density bonus and at least one other concession or incentive unless the City adopts
a written finding that the additional concession or incentive is not required in order
to provide affordable housing costs as defined in Section 50052.5 of the Health and
Safety Code, or the City shall provide other incentives of equivalent financial
value based on the land cost per dwelling unit.
C. If a developer agrees to construct both 20 percent of the total units for lower
income households and 10 percent of the total units for very low income
households, the developer is entitled to one additional concession or incentive as
identified in Section 8.52.050, and may at the discretion of the City receive more
than one density bonus.
8.52.050 Concessions and Incentives. For the purposes of this Chapter, concession
or incentive means any of the following:
A. A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements which exceed the minimum
building standards approved by the State Building Standards Commission as
provided in Part 2.5 (commencing with Section 18901) of Division 13 of the
Health and Safety Code, including, but not limited to, a reduction in setback and
square footage requirements and in the ratio of vehicular parking spaces that would
otherwise be required.
B. Approval of mixed use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the
housing development and if the commercial, office, industrial, or other land uses
are compatible with the housing project and the existing or planned development in
the area where the proposed housing project will be located.
C. Other regulatory incentives or concessions proposed by the developer or the City
which result in identifiable cost reductions may include, but are not limited to:
Certain City fees applicable to the restricted units in a project may be
waived. Fees to be waived may be established by resolution of the City
Council on a project by project basis, which may be amended from time to
time.
City of Dub/in Zoning Ordinance 52-3 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
2. A project which provides restricted units may be entitled to priority
processing. Upon certifying that the application is complete and eligible
for priority processing, a project would be immediately assigned to
planning staff. The project would be processed by City staff in advance of
all non-priority items. The project will then be reviewed for environmental
impacts; and, upon completion of the environmental review process, the
project would be noticed and scheduled for the next available meeting of
the Planning Commission and/or City Council thereafter. When more than
one project qualifying for priority processing is applied for at the same
time, first priority will be given to the project whose application was first
determined to be complete.
8.52.060 Waiver or Modification of Development and Zoning Standards.
A. An Applicant may request a modification of the following development and zoning
standards where such waiver or modification is necessary to make the provision of
restricted units economically feasible.
1. Reduce site development standards, e.g. street widths or paving,
curbs/gutters, placement of public works improvements, landscaping;
2. Modify zoning code requirements, e.g. open space, minimum lot size, side
yazd setbacks, pazking standazds; and
B. The request shall be accompanied by information sufficient to show the City the
waiver or modification is necessary to make the restricted units economically
feasible.
8.52.070 General Requirements.
A. Restricted units must remain affordable or restricted to senior citizens for 30 years
from the date of final occupancy clearance if both a density bonus and additional
incentive are granted. If only a density bonus is granted, the restricted units shall
remain affordable or restricted to senior citizens for 10 years. Affordability of
restricted units shall be maintained longer if financing or subsidy programs for the
project designate a longer preservation period.
B. Dublin residents will have first preference for restricted units; second preference
will be given to Dublin employees; third preference shall be given to those who
need to move to Dublin to be near Dublin residents or services; and fourth
preference shall be given to those who live outside Dublin.
C. Requirements for restricted units shall be established as conditions of project
approval. Evidence of compliance with the conditions of these regulations shall be
in the form of an Affordable Housing Agreement between the applicant and the
City Manager completed prior to issuance of any project building permits. The
agreement shall indicate the household type, number, location, size and
construction scheduling of all restricted units, the original sales prices of
ownership units and the original rental rates of rental units as agreed upon by the
City of Dub/in Zoning Ordinance 52-4 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
developer and the City Manager, and any other information required by the City to
determine the Applicant's compliance with the conditions. The agreement shall be
recorded as a deed restriction prior to issuance of any project building permits and
shall run with the land encompassed by the project for a period of 10 or 30 years,
or longer, as provided in Subsection a.
D. Restricted units in a project and phases of a project shall be constructed
concurrently with or prior to the construction ofnon-restricted units.
E. Restricted units shall be provided as follows:
1. Such units shall be dispersed throughout the project.
2. Such units shall include all unit types represented in the project and said
unit types shall be provided in the same proportion as in the project as a
whole.
F. The applicant shall submit a project financial report (pro forma) along with the
application for the project to allow the City to evaluate the financial need for the
additional incentives. The City may retain a consultant to review the financial
report. The cost of the consultant shall be borne by the applicant with the
following exception: If the applicant is a non profit organization, the cost of the
consultant may be paid by the City upon prior approval of the City Council.
G. The City may contract with the Dublin Housing Authority, Alameda County
Housing Authority or other similar entity to administer the rental and sales
provisions of this chapter.
H. The City Council, by resolution, may establish the amount of fees to be charged to
applicants and/or project owners for administration of this chapter.
8.52.080 Requirements for Rental Housing Projects.
A. All restricted units shall be occupied by the household type specified in the
agreement required under Section 8.52.070.C.
B. Those units targeted for lower-income households shall be affordable at a rent that
does not exceed 30% of 60% of the Alameda County median income adjusted for
household size, or as modified by State law.
C. Those units targeted for very low-income households shall be affordable at a rent
that does not exceed 30% of 50% of the Alameda County median income adjusted
for household size, or as modified by State law.
D. The City shall be responsible for obtaining and verifying information with respect
to the qualifications of prospective and current tenants, including, but not limited
to, information relating to applications, income and eligibility. The City shall
maintain a list of qualified applicants for the duration of the program.
City of Dub/in Zoning Ordinance 52-5 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
E. Income limits shall be adjusted at periodic intervals as new tables are published by
HUD.
F. When the eligibility of the tenants has been assured to the satisfaction of the City,
the City Manager shall prepare a certification indicating that the applicant or
project owner has complied with the requirements of this Chapter.
8.52.090 Requirements for Owner-Occupied Housing.
A. All purchasers of restricted units shall be senior citizens or first time home buyers.
B. Purchasers shall be required to occupy the unit unless evidence is presented to the
City that the owner is unable to continuously occupy the unit due to illness or
incapacity. In such cases, the City may approve rental of the unit to the same
household type as the owner. An Owner as a result of a form of transfer pursuant
to Section 8.52.100.E may rent the restricted unit provided the rental conforms to
the Affordable Housing Agreement addressed in Section 8.52.070.C and to the
provisions of Section 8.52.080.
C. The owner of a restricted unit, on its sale or resale, shall sell the unit to a
household in the same category. Lower income households may only sell the unit
to a household which meets the income limits for a lower income household. Very
low income households may only sell the unit to a household which meets the
income limits for a very low income household. Senior households may only sell
the unit to another senior household. The sales price of the restricted units
assigned to very low income and low income households shall not be in excess of
the maximum sales price set by the City Manager.
D. Prior to offering a restricted unit for sale, the owner shall send a written Notice of
Intent to Sell to the City Manager. The City Manager will then notify the owner of
the current maximum sales price. Prior to the close of the sale, the owner shall
notify the City Manager of the proposed sales price, who shall review the
application to assure conformance with this Chapter.
E. Closing costs and title insurance shall be paid pursuant to the custom and practice
in Dublin at the time of opening of escrow. No charges or fees shall be imposed
by the seller on the purchaser of a restricted unit which are in addition to or more
than charges imposed upon purchasers of market rate units, except for
administrative fees charged by the City.
F. The purchaser of a restricted unit shall verify on a form acceptable to the City that
the unit is being purchased for the purchaser's principal residence, or that if this
unit ceases to function as his or her principal residence, it will either be sold
according to the requirements of Section 8.52.090 or rented to an eligible
household according to the requirements of Section 8.52.080.
8.52.100 Control of resale of affordable units. In order to maintain the availability
of restricted units which may be constructed pursuant to the requirements
of this Chapter, the City shall impose the following resale conditions on
approval of any project for which restricted units are required under this
Chapter:
City of Dub/in Zoning Ordinance 52-6 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
A. The sales price received by the owner of a restricted Affordable Unit shall be
limited to the fair market value as determined by an appraisal paid for by the owner
multiplied times a factor representing the purchase price paid by the owner of the
restricted unit divided by the market sales price of an identical unit in the same
development at the time of purchase. An example of this calculation is shown in
Attachment 2 on page 52-1 1. If the appraisal is unacceptable to the City Manager,
the City Manager may have another appraisal performed by another qualified real
estate appraiser mutually agreed upon by the City and owner, which appraisal will
be considered by the City in determining the sales price. All costs required to
obtain such appraisal shall be borne by the owner.
The City Manager shall insure that the purchase price of a restricted affordable unit
does not exceed an amount which is affordable to a family of four belonging to the
income category to which the restricted unit was originally assigned.
B. A for-sale restricted unit may appreciate only to the upper limit of affordability for
the income group to which the restricted unit was assigned. The determination of
affordability shall be based on the maximum monthly mortgage payment that a
household of four in a given income category can pay as determined by the
methodology shown in Attachment 2 on page 52-11. Any appreciation above that
point will not be added to the sales price of the restricted unit.
C. Limitations on resale prices of ownership restricted units shall apply only to
restricted units assigned to very low income and low income households and shall
not be applied to restricted units assigned to senior citizens.
D. The City Manager shall be responsible for monitoring the resale of restricted units.
E. The following transfers of title or any interest therein are not subject to the
provisions of this section: transfers by inheritance to the purchaser-owner's spouse
or off-spring; transfers of title to a spouse as part of a divorce or dissolution
proceeding; acquisition of title or interest therein in conjunction with marriage;
provided, however, that the Affordable Housing Agreement required by Section
8.52.070.C shall continue to run with the land following such transfers.
8.52.110 Application Procedure.
A. An applicant may submit to the Planning Department a preliminary proposal for
the development of housing pursuant to this Chapter prior to the submittal of any
formal project application. The City shall, within 90 days of receipt of a
preliminary proposal, provide the applicant in writing, comments and preliminary
evaluation of the project. The preliminary proposal is not an application for
purposes of the Permit Streamlining Act deadlines, and any comments or
preliminary evaluations do not bind future City actions.
B. Formal application shall be according to the review process stated in the City of
Dublin Municipal Code or Zoning Ordinance (for the particular application being
filed) and shall provide the following additional information:
City of Dub/in Zoning Ordinance 52-7 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
A written statement specifying the desired density increase, incentive
requested and the number, type, location, size and construction scheduling
of all dwelling units.
2. A project financial report (pro forma), if required pursuant to Section
8.52.070.F.
3. Any other information requested by the Director of Community
Development to implement this Chapter.
8.52.120 Conflict of Interest. Following are those persons who, by virtue of their
position or relationship, are found to be ineligible to purchase or rent a
restricted unit as their residence:
A. All employees and officials of the City of Dublin who have, by the authority of
their position, policy making authority or influence affecting City housing
programs.
B. The Applicant or Project Owner.
8.52.130 Violations.
A. It shall be unlawful for any person, firm, corporation, partnership or other entity to
violate any provision or to fail to comply with any of the requirements of this
Chapter. A violation of any of the provisions or failing to comply with any of the
requirements of this Chapter shall constitute a misdemeanor; except that
notwithstanding any other provisions of this Code, any such violation constituting
a misdemeanor under this Chapter may, in the discretion of the enforcing authority,
be charged and prosecuted as an infraction.
B. Any person convicted of an infraction under the provisions of this Code, unless
provision is otherwise herein made, shall be punishable as provided by the
Government Code of the State of California.
8.52.140 Enforcement.
A. The provisions of this Chapter shall apply to all agents, successors and assigns of
an applicant. No building permit or occupancy permit shall be issued, nor any
development approval be granted which does not meet the requirements of this
Chapter. The City Manager may suspend or revoke any building permit or
approval upon finding a violation of any provision of this Chapter.
B. The City Manager is designated to be the enforcing authority.
C. In the event it is determined that rents in excess of those allowed by operation of
this Chapter have been charged to a tenant residing in a restricted rental unit, the
City may take the appropriate legal action to recover, and the project owner shall
be obligated to pay to the tenant or to the City in the event the tenant cannot be
located, any excess rents charged.
City of Dub/in Zoning Ordinance 52-8 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
8.52.150 Appeals. Any person aggrieved by any action or determination of the City
Manager under these regulations may appeal such action or determination
to the City Council in the manner provided in Section 1.04.050 of the
. Municipal Code.
City of Dub/in Zoning Ordinance 52-9 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
ATTACHMENT l
City of Dublin Density Bonus Calculation
(Example for Illustrative Purposes Only)
Land Use Designation
and Zoning; Residential: Multifamily
Permitted Density: 18 du/ac
Property Size: 4 acres
Maximum Units at
Permitted Density 72 units
Units Affordable to
Target Households (20% for
lower-income HH's)
(72 x .20 = 14.4); round up
(restricted units) 15 units
Density Bonus Units (at
30%) (72 x .3 = 21.6);
round up 22 units
Total Project Units with
30% Density Bonus: 72 base units
+ 22 density bonus units
94 total units
(79 units at market rate, 15 restricted
units with restricted rents/sales prices)
City of Dub/in Zoning Ordinance 52-10 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
ATTACHMENT 2
The maximum price of a restricted ownership unit affordable to a low income household with
four members in Alameda County is $114,897, and the maximum price of a restricted ownership
unit affordable to a very-low income household with four members in Alameda County is
$71,811, based upon the following method for determining maximum affordable housing costs:
LOW INCOME
a. Low income definition (80% of Alameda County's median income for a household with
four members) _ $37,450.
b. $37,450 is the income to be used in determining maximum affordable price.
c. $37,450 - 12 x .3 = $936, maximum monthly mortgage payment which does not exceed
30% of gross income (property taxes, utilities and insurance not included).
d. $936 payment at 10.25% fixed rate, 30-year term and 10% down payment = $114,897
mortgage, using a standard mortgage payment table.
VERY LOW INCOME
a. Very low income definition (50% of Alameda County's median income for a household
with four members) _ $23,400.
b. $23,400 is the income to be used in determining maximum affordable price.
$23,400 - 12 x .3 = $585, maximum monthly mortgage payment which does not exceed
30% of gross income (property taxes, utilities and insurance not included).
d. $585 payment at 10.25 % fixed rate, 30-year term and 10% down payment = $71,811
mortgage, using a standard mortgage payment table.
Sample Calculation of Sales Price
Where the purchase price of a restricted unit assigned to the Low Income category is
$114,897 in 1991, and the market sales price of an identical unit in the same development in 1991
is $150,000, the factor to be used to multiply times a future market price to determine the
maximum price affordable to a household of four in the Low Income group is $114,897
$150,000 or .766. If the market sales price of the restricted unit in 1996 is $193,500, the
maximum sales price of the restricted unit in 1996 is $193,500 x .766 or $148,221.
City of Dub/in Zoning Ordinance 52-11 September, 1997
DENSITY BONUS REGULATIONS
Chapter 8.52
Example of Adjustment to Sales Price of Ownership Restricted Unit:
Sales Price as determined
by Section 8.52.100.A $100,000
Value of qualified improvements
for which written documentation
is provided as appraised
New Roof $ 8,200
Irrigation System 1,150
Restuccoing of entire home 3,700
Permanent spa in ground 4,650
$117,700
City of Dub/in Zoning Ordinance 52-12 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
CHAPTER 8.56 DEVELOPMENT AGREEMENTS REGULATIONS
8.56.010 Authority. This Ordinance is adopted under the authority of Government Code
Sections 65864 through 65869.5.
8.56.020 Definitions. For the purposes of these regulations, certain words and phrases
shall be interpreted as set forth in this Chapter unless it is apparent from the
context that a different meaning is intended. Where any of the definitions in this
Chapter may conflict with definitions in Chapter 8.08, Definitions, the definitions
in this Chapter shall prevail for the purposes of this Chapter.
A. Development Agreement. A development agreement entered into between the City and
a developer (as defined in Section 8.56.040) pursuant to Government Code Section 65864
et seq. and this Ordinance.
B. Person. An individual, group, partnership, firm, association, corporation, trust,
governmental agency, or any other form of business or legal entity.
C. Project. The development project that is the subject of a development agreement.
8.56.030 Forms -Information and fees.
A. The City Manager shall prescribe the form for each application, notice and documents
provided for or required hereunder for the preparation and implementation of
development agreements.
B. The City Manager may require an applicant to submit such information and supporting
data as he reasonably considers necessary to process the application.
C. Each application shall be accompanied by a development agreement on the City's form of
development agreement.
D. The City Council shall establish by resolution the schedule of fees and charges imposed
for the filing and processing of applications and documents provided for or required
hereunder.
8.56.040 Qualification as an applicant. Only a qualified applicant may file an application
to enter into. a development agreement. A qualified applicant is a person,
including any authorized agent, who has a legal or equitable interest in the real
property which is the subject of the development agreement, provided that in all
instances the owner(s) of fee title of the real property shall join in the application
or the development agreement shall be conditional upon the close of escrow
vesting fee title to the property in the developer. The City Manager may require
an applicant to submit proof of his interest in the real property and of the authority
City of Dub/in Zoning Ordinance 56-1 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
of any agent to act for the applicant. The qualified applicant and any successors-
in-interest shall be referred to as "developer".
8.56.050 Review of application. The City Manager shall endorse on the application the
date it is received. He shall review the application and may reject it if it is
incomplete or inaccurate for purposes of processing. If he finds that the
application is complete, he shall accept it for filing. He shall prepare a staff report
and recommendation and shall state whether or not the agreement proposed or in
an amended form would be consistent with the General Plan and any applicable
Specific Plans. He shall also indicate whether or not the staff recommends
approval of the agreement as proposed or in an amended form.
8.56.060 Notice of Public Hearing.
A. Public Hearing. A public hearing shall be held on the proposed development agreement
by both the Planning Commission and the City Council.
B. Notice. The City Manager shall give notice of intention to consider adoption of
development agreements in the manner provided in Section 8.56.060.D and of any other
concurrent public hearing required by law.
C. Form of Notice. The form of the notice of intention to consider adoption of a
development agreement shall contain:
The date, time and place of the hearing.
2. A general explanation of the matter to be considered, including a general
description of the property, in text or by diagram, that is the subject of the
hearing.
3. The identity of the hearing body.
4. Other information required by specific provision of this Chapter or which the City
Manager considers necessary or desirable.
D. Time and Manner of Notice. The time and manner of giving notice shall be by:
1. Publication or Posting. Publication at least once in a newspaper of general
circulation, published and circulated in the City at least ten (10) days prior to the
hearing, or if there is not such newspaper, posting at least ten (10) days prior to
the hearing in at least three (3) public places in the City.
City of Dub/in Zoning Ordinance 56-2 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
2. Mailing. Mailing of the notice at least ten (10) days prior to the hearing to:
a. All persons shown on the last equalized assessment roll as owning real
property within three hundred (300) feet of the property which is the
subject of the proposed development agreement;
b. All persons shown on the last equalized assessment roll as owning the
subject real property and to the developer for the proposed development
agreement; and
c. Each local agency expected to provide water, fire, sewage, streets, roads,
schools or other essential services or facilities to the subject property,
whose ability to provide those facilities and services may be significantly
affected.
E. Additional Notice. The Planning Commission or City Council, as the case may be, may
direct that notice of the public hearing shall be given in a manner that exceeds the notice
requirements prescribed by state law.
F. Failure to Receive Notice. The failure of any person entitled to notice required by law
or this Chapter does not affect the authority of the City to enter into a development
agreement. (Ord. 8-91 § 1 (part))
8.56.070 Rules governing conduct of hearing. The public hearings shall be conducted as
nearly as may be in accordance with such procedural standards as may be adopted
for the conduct of Zoning Ordinance Amendment hearings. Each person
interested in the matter shall be given an opportunity to be heard. The developer
has the burden of proof at the public hearing on the proposed development
agreement. (Ord. 8-91 § 1 (part))
8.56.080 Determination by Planning Commission.
A. After the hearing by the Planning Commission, the Planning Commission shall make its
recommendation in writing to the City Council. The recommendation shall include the
Planning Commission's determination whether the development agreement proposed:
Is consistent with the objectives, policies, general land uses and programs
specified in the general plan and any applicable Specific Plans.
2. Is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is located.
Is in conformity with public convenience, general welfare and good land use
practice.
City of Dub/in Zoning Ordinance 56-3 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
4. Will not be determined to the health, safety and general welfare.
5. Will not adversely affect the orderly development of property or the preservation
of property values.
B. The recommendation shall include the reasons for the recommendation. (Ord. 8-91 § 1
(per))
8.56.090 Decision by City Council.
A. After a public hearing, the City Council may accept, modify or disapprove the
recommendation of the Planning Commission. It may, but need not, refer back to the
Planning Commission matters not previously considered by the Planning Commission
during its hearing for report and recommendation.
B. The City Council may not approve the development agreement unless it makes all the
determinations set forth in Section 8.56.080. The City Council, in its sole discretion, may
deny the development agreement on the grounds that, in its opinion, the proposed
agreement is not in the best interest of the public.
C. If the property is located outside the City limits, the application for a development
agreement shall be acted upon by the City only if the property is within the City's sphere
of influence. If so, the agreement shall be conditional upon the property being annexed to
the City and shall specify the time period for completion of annexation. If annexation
does not occur within the specified time period, the agreement shall be null and void.
(Ord. 8-91 § 1 (part))
8.56.100 Approval by Ordinance. If the City Council approves the development
agreement, it shall do so by the adoption of an ordinance. No sooner than thirty
(30) days after the ordinance approving the development agreement is adopted,
the City may enter into the agreement. (Ord. 8-91 § 1 (part))
8.56.110 Contents of agreement.
A. A development agreement shall specify its duration, the permitted uses of the property
thereunder, the density and/or intensity of use, the maximum height and size of proposed
buildings, provisions for reservation or dedication of land for public purposes, and
requirements for construction and maintenance of on-site and off-site improvements or
payment of fees in lieu of such dedication or improvements.
B. A development agreement may also include conditions, terms, restrictions and
requirements for subsequent discretionary actions (provided such conditions, terms,
restrictions and requirements do not prevent the development of the land subject to the
City of Dub/in Zoning Ordinance 56-4 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
development agreement for the uses and to the density or intensity of development set
forth in the agreement) but does not affect the developer's responsibility to obtain all land
use approvals required by the City's ordinances.
C. A development agreement may include conditions and restrictions imposed by the City
with respect to the project, including those conditions and restrictions proposed in an
environmental impact report applicable to the project prepared and certified under the
California Environmental Quality Act, in order to eliminate or mitigate adverse
environmental impacts of the project.
D. A development agreement may provide that the project be constructed in specified
phases, that construction shall commence within a specified time, and that the project or
any phase thereof be completed within a specified time.
E. A development agreement may include a requirement for the developer's payment of
ongoing operational costs of public services and for the developer's agreement to be
included within aMello-Roos District or other comparable district for financing ongoing
operational costs of public services for the project.
F. If the development agreement requires developer's financing of necessary public
facilities, it may include terms relating to subsequent reimbursements over time for such
financing.
G. All development agreements shall contain an indemnity and insurance clause requiring
the developer to indemnify and hold the City harmless against claims arising out of the
development process, including all legal fees and costs.
H. A development agreement is a contract that is negotiated and voluntarily entered into by
City and developer and may contain any additional or modified conditions, terms or
provisions agreed upon by the parties, including sanctions for failure to meet
requirements.
I. A development agreement may include conditions relating to financial guarantees for
performance of obligations thereunder. (Ord. 8-91 § 1 (part))
8.56.120 Initiation of amendment or cancellation.
A. Unless otherwise provided in a development agreement, either party may propose an
amendment to or cancellation in whole or in part of a development agreement previously
entered into.
B. The procedure for proposing and adoption of an amendment to or cancellation in whole
or in part of a development agreement shall be the same as the procedure for entering into
an agreement in the first instance.
City of Dub/in Zoning Ordinance 56-5 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
C. Where the City initiates the proposed amendment to or cancellation in whole or in part of
the development agreement, it shall first give notice to the developer of the City's
intention to initiate such proceedings in the manner set forth in Section 8.56.060.
D. In the event that a development agreement should be canceled or terminated, all rights of
the developer under the development agreement shall terminate. Except as otherwise
provided in the development agreement, the City may, in its sole discretion, determine to
retain any and all benefits, including reservation or dedications of land, improvements
constructed and payments of fees, received by the City.
E. Notwithstanding the above paragraph, any termination of the development agreement
shall not prevent the developer from constructing or completing a building or other
improvements authorized pursuant to other validly issued permits, approvals or
entitlements, but the City may take any action permitted by law to prevent, stop, or
correct any violation of law occurring after cancellation of the development agreement.
(Ord. 8-91 § 1 (part))
8.56.130 Recordation of development agreement, amendment or cancellation.
A. Within ten (10) days after the City enters into the development agreement, the City Clerk
shall submit for recording the agreement with the County Recorder.
B. If the parties to the agreement or their successors-in-interest amend or cancel the
agreement or if the City terminates or modifies the agreement for failure of the developer
to comply in good faith with the terms or conditions of the agreement, the City Clerk
shall submit for recording the notice of such action with the County Recorder. (Ord. 8-91
§ 1 (P~))
8.56.140 Annual review.
A. The City Council shall review the development agreement at least every twelve (12)
months following the date of the agreement. The Community Development Director
-shall begin the review proceeding by giving thirty (30) days' written notice to the
developer that the City intends to undertake a periodic review of the development
agreement.
B. The developer must demonstrate good faith compliance with the terms of the agreement.
The burden of proof on this issue is upon the developer.
C. The City Council may determine that the developer has, for the period under review,
complied in good faith with the terms and conditions of the agreement. Such
determination may be made at a public meeting. If all five members of the City Council
consider that the developer has demonstrated good faith compliance with the terms of the
City of Dub/in Zoning Ordinance 56-6 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
agreement, the Council shall make such determination by minute action or resolution. If
one Councilmember or the Staff asks that the matter of compliance be considered at a
public hearing, the matter shall be continued to a noticed public hearing. Following the
public hearing, the Council shall determine whether or not the developer has, for the
period under review, complied in good faith with the terms and conditions of the
agreement. If the Council determines that the developer has not so complied, the Council
shall make findings on the basis of substantial evidence.
D. If the City Council finds and determines on the basis of substantial evidence that the
developer has not complied in good faith with the terms and conditions of the agreement
during the period under review, the Council may modify or terminate the agreement.
8.56.150 Effect of development agreement.
A. Unless otherwise provided by the development agreement, the City's rules, regulations
and official policies governing permitted uses of the property, density and design, and
improvement and construction standards and specifications applicable to development of
the property shall be those City rules, regulations and official policies in force on the
effective date of the development agreement.
B. A development agreement shall not prevent the City, in subsequent actions applicable to
the property, from applying new rules, regulations and policies which do not conflict with
those rules, regulations and policies applicable to the property as set forth in the
development agreement.
C. A development agreement shall not prevent the City from denying or conditionally
approving any subsequent land use permit or authorization for the project on the bases of
such existing or new rules, regulations, and policies. (Ord. 8-91 § 1 (part))
8.56.160 Severability. Should any provision of this chapter or a subsequent development
agreement by held by a court of competent jurisdiction to be either invalid, void
or unenforceable, the remaining provisions of this chapter and development
agreement shall remain in full force and effect unimpaired by the holding, except
as may otherwise be provided in a development agreement. (Ord. 8-91 ~ 1 (part))
8.56.170 Judicial review -Time limitation.
A. Any judicial review of an ordinance approving a development agreement shall be by writ
of mandate pursuant to Code of Civil Procedure Section 1085; and judicial review of any
City action taken by the City pursuant to this chapter, other than the initial approval of a
development agreement, shall be writ of mandate pursuant to Code of Civil Procedure
Section 1094.5.
City of Dub/in Zoning Ordinance 56-7 September, 1997
DEVELOPMENT AGREEMENTS REGULATIONS
Chapter 8.56
B. Any action or proceeding to attack, review, set aside, void or annul any decision of the
City taken pursuant to this chapter shall not be maintained by any person unless the
action or proceeding is commenced within ninety (90) days after the date of the decision.
(Ord. 8-91 § 1 (part))
City of Dub/in Zoning Ordinance 56-8 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
CHAPTER 8.60 HAZARDOUS WASTE FACILITIES
LOCATION PROCEDURE
8.60.010 Purpose. The purpose of this section is to establish uniform standards,
land use regulations and a permit process for controlling the location, design,
maintenance and safety of off site hazardous waste facilities. These
standards, regulations and process aze intended to be consistent with Article
8.7 of the California Health and Safety Code, applicable portions of the
Alameda County Hazardous Waste Management Plan and the City of Dublin
General Plan.
8.60.020 Applicability.
A. The specific requirements of this ordinance aze applicable to the siting and
development ofoff--site hazardous waste treatment, storage, and transfer facilities.
Off site hazazdous waste facilities means those facilities which treat, store, recycle,
incinerate or transfer hazardous wastes from at least two producers of hazardous
wastes which aze not located on the same property of the hazazdous waste facility.
Consistent with the Alameda County Hazardous Waste Management Plan, off-site
hazardous waste facilities only include those facility types as defined by the plan for
Small-Scale Transfer and Storage Facilities including hazazdous waste collection
facilities, and Industrial Transfer, Storage and Treatment Facilities.
B. The off=site facility definition does not apply to:
1. transportable treatment units (TTU) which aze designed to be moved either
intact or in modules and which aze intended to be operated at a given location
for a limited period of time; or
2. permanent on-site hazazdous waste facilities at locations where hazardous
waste is produced, and which aze owned by, leased to, or under the control of
the producer of the waste.
C. Facilities for the land disposal of hazardous wastes or treatment residues aze
prohibited in the City of Dublin
D. All such facilities (i.e., off-site, on-site, household hazardous waste collection, and
TTU's) shall obtain all necessary state licensing to install and operate.
E. Small Scale Transfer and Storage Facilities and Industrial Transfer/Storage
Treatment Facilities are permitted in the M-1 and M-2 Zoning districts pursuant to a
Conditional Use Permit from the Planning Commission.
City of Dub/in Zoning Ordinance 60-1 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
F. A Conditional Use Permit for a hazardous waste facility shall be granted for only
those substances and quantities identified in the conditions of approval. No
additional types of wastes or increases in the quantity of approved wastes shall be
allowed beyond those specified in the approved permit, unless a separate application
is made therefore which shall satisfy the same procedures and contents as those
required in an initial application.
8.60.030 Procedure. Applications for hazardous waste facilities as defined by this
Chapter shall follow procedures specified by Article 8.7 of the State Health
and Safety Code and Chapter 8.100, Conditional Use Permit.
8.60.040 Application Requirements. The information listed below is required at the
time a hazardous waste facility application for anoff--site facility is submitted
to the Community Development Department:
A. A complete planning application for a Conditional Use Permit signed by the property
owner or its authorized representative.
B Anon-refundable depositor fee as set forth by ordinance or resolution of the City
Council.
C A letter of justification describing the proposed prof ect and explaining how it will
satisfy the findings in Section 8.60.100.
D. Information required for public meetings and hearings, as determined by the Director
of Community Development.
E. A scaled, fully-dimensionedsite plan and developmentplan drawn in sufficient
detail to clearly describe the following:
1. Physical dimensions of property and structures;
2. Location of existing and proposed structures;
3. Setbacks;
4. Methods of circulation and location of truck routes;
5. Ingress and egress;
6. Utilization of property under the requested permit;
7. The distance from the project property lines to the nearest residential
structure;
8. Proximity of the prof ect to 100-year floodplain areas;
9. Proximity of the prof ect to any known earthquake fault zones;
10. The relationship of the proposed project to all aboveground water supplies as
well as known underground aquifers that could conceivably suffer
contamination;
11. Topographic description of the property and surrounding area;
City of Dub/in Zoning Ordinance 60-2 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
12. Existing and proposed utilities which service or will be needed to service the
facility;
13. Identificationof surroundingzoning and land uses;
14. Landscape plans showing theme and location of all landscape areas;
15. Building elevations showing building height, exterior materials, and
architectural theme; and
16. Other information as required by the Director of Community Development.
F. A preliminary geological study of the property and surrounding area which
comprehends as deep a soils analysis as there are known aquifers, regardless of the
potability of those aquifers.
G. Identification of all wastewater, treated and untreated, generated by the proposed
facility and the method and place of final discharge.
H. Identification of the amounts (tonnage) and types of hazardous wastes to be treated at
the proposed facility; the sources of these wastes; the ultimate disposition of the
wastes; and the anticipated life of the facility. Information shall be provided on the
amount, sources, and types of hazardous wastes to be treated based on an actual
survey of the industries to be served and, thereby, be representative of the wastes that
will be processed at the facility.
A plan that clearly delineates all public involvement with the proposed prof ect prior
to any formally advertised and scheduled public hearings. Said plan will provide for
adequate public testimony on the project in an effort to mitigate all public concerns
prior to the approval body reviewing the case.
J. A plan that identifies an ongoing monitoring program to ensure no unintentional
release of any hazardous substance from the site. This shall include any ongoing
monitoring necessary by other permitting agencies such as State Department of
Health Services, the Bay Area Air Quality Management District (BAAQMD),
Environmental Protection Agency (EPA), San Francisco Bay Regional Water
Quality Control Board, etc.
K. A preliminary contingency plan for emergency procedures designed to minimize
hazards to human health or the environment from fires, explosions or any unplanned
sudden or nonsudden release of hazardous waste or hazardous waste constituents to
air, soil, or surface water. The plan shall provide for its immediate implementation
whenever there is a fire, explosion, or release of hazardous waste constituents which
could threaten human health or the environment. The preliminary contingency plan
shall address the requirements included in Section 8.60.070.C.
City of Dub/in Zoning Ordinance 60-3 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
L. Other information as required by the Director of Community Development to
demonstrate compliance with the facility siting criteria as outlined in Section
8.60.060.
8.60.050 Environmental Review.
A. The project shall be subject to environmental analysis according to the City's
environmental guidelines pursuant to the California Environmental Quality Act
(Public Resources Code Sections 2 1 000-2 1 1 77; and CEQA Guidelines, l4 California
Code of Regulations Sections 15000-15387).
B. The environmental analysis shall address, but not be limited to, the following:
1. Describe at least two (2) reasonable alternatives to the prof ect; these
alternatives shall be reviewed pursuant to the California Environmental
Quality Act (Guidelines Section 15060(d)).
2. An analysis of visual, noise and any olfactory impacts associated with the
project and recommended mitigation measures.
3. An analysis of all anticipated air quality impacts associated with the project
and proposed mitigation to ensure no degradation of air quality in the area.
4. A health and safety assessment that analyses in detail all probabilities of
accidents or spills and impacts to groundwater at the site; flooding risks;
geologic constraints and engineered solutions; identify air emissions, impacts
and their mitigation; determines appropriate setbacks from residential
designated property and immobile populations; as well as transportation-
relatedaccidents from the point of origin to the facility. Such analysis shall
identify mitigation measures to reduce identified risks. The health and safety
assessment shall identify the most probable routes for transporting hazardous
wastes to the facility within Alameda County, and if applicable, Santa Clara
County.
5. An analysis of traffic impacts associated with the proj ect and recommended
mitigated measures.
6. An analysis of all anticipated water quality impacts associated with the
proj ect and proposed mitigation to ensure no degradation of water quality in
the area.
7. Other information as required by the California Environmental Quality Act
(CEQA).
City of Dub/in Zoning Ordinance 60-4 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
8.60.060 Facility Siting Criteria and Permitting Requirements. The following
siting criteria and permitting requirements have been established for use by
hazardous waste facility proj ect proponents in locating and designing suitable
facility sites and appropriate facilities, and by the City in evaluating proposed
sites and facility projects. The purpose of the criteria is to reduce public
health and environmental risks and governmental costs associated with
development ofoff--site hazardous waste facilities.
A. Protect the Residents of Alameda County (and the City of Dublin):
Distance from residentially designated property
All Facilities: Treatment, storage, or transfer facilities handling ignitable,
explosive, reactive or acutely hazardous wastes must provide a minimum
buffer zone of at least 2,000 feet between the nearest residential designated
property and the facility site, unless the developer can demonstrate by risk
assessment and as part of the local permitting process that a smaller buffer
zone provides adequate protection for the public in the event of an accident.
For other facilities, including recycling, transfer, or storage of other types of
hazardous wastes, a buffer zone of at least 500 feet is required between the
operational area within the facility site and the nearest residential designated
property (again, unless the developer can demonstrate by risk assessment and
as part of the local permitting process that a smaller buffer zone provides
adequate protection for the public in the event of an accident).
2. Distance from Immobile populations:
All Facilities: Facilities shall comply with City minimum zoning code
setbacks, unless a greater buffer distance from other uses is deemed
necessary, based on a required health and safety assessment. Larger buffer
zones are required between a transfer station, storage, or treatment facility,
and any immobile populations where evacuation in the event of an accident at
the facility is likely to be difficult or inadvisable. This is especially true for
facilities handling ignitable, explosive, or reactive waste. A minimum buffer
zone of 5,000 feet between a facility site and any site with an immobile
population is therefore required, unless the developer can demonstrate by risk
assessment and as part of the local permitting process that a smaller buffer
zone provides adequate protection for the immobile population.
City of Dub/in Zoning Ordinance 60-5 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
B. Ensure the Structural Stability of the Facility:
Floodplains:
All facilities: Facilities must be designed, constructed, operated and
maintained to preclude failure due to flooding, per flood control authorities
and requirements. Provisions must be made to contain and test storm runoff
prior to discharge in areas subject to contaminationby waste or treated
material. The required health and safety assessment will address flooding
risks associated with the facility. Facilities maybe located in areas subject to
100-year flooding only if protected by offsetting engineered improvements,
such as berms or raising the facility above flood levels. This includes areas
subject to flooding by dam or levee failure and natural causes such as river
flooding, flash floods, rainfall or snowmelt, tsunamis (tidal waves), seiches
(earthquake-inducedwaves in lakes), and coastal flooding. A structural
analysis or engineering design study must be provided which shows methods
to prevent undulation or washout.
2. Seismic:
All Facilities: Facilities must have a minimum 200-foot setback from active
or recently active earthquake faults, per the California Code of Regulations,
Title 22, Section 63 91(a)(fl 1)A(1) and (2). The required health and safety
assessment will address earthquake safety of the facility.
3. Unstable soils:
All Facilities: Facilities are prohibited from locating in areas of potential
rapid geologic change, unless the facility and its containment structures have
engineered design features to assure structural stability. This includes areas
with unstable soils, steep slopes, and areas subject to liquefaction, subsidence
or other severe geologic constraints. The required health and safety
assessment will include a geologic report defining any such constraints and
engineered solutions.
C. Protect Water Quality:
Groundwater:
All Facilities: Facilities shall be fully enclosed by containment structures of
impermeable materials which would contain any unauthorized release of
hazardous material. Facilities shall be equipped with leak detection and spill
control and recovery capability.
City of Dublin Zoning Ordinance 60-6 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
Facilities are encouraged to locate outside of known or suspected principal
recharge areas to regional aquifers as defined in local or state plans and areas
of permeable strata and soils as defined by the Alameda County Hazardous
Waste Management Plan. Facilities may locate in these areas only with
increased engineered design features such as horizontal and vertical
containment and monitoring systems to ensure protection. Subsurface
storage or treatment facilities must provide secondary containment and shall
be sited, designed and operated to ensure that hazardous materials will
always be twenty feet above the tension-saturatedzone unless approved by
the Alameda County Water District.
Facilities are also encouraged to locate outside of areas where groundwater is
within twenty feet of the natural land surface. Facilities may locate in these
areas only with increased engineered design features such as horizontal and
vertical containment and monitoring systems to ensure protection.
Subsurface storage or treatment operation is prohibited.
Industrial Transfer/Storage/TreatmentFacility: Groundwatermonitoring
wells must be located around each facility to determine background vadose
zone and groundwater quality, and to detect leaks and spills from the facility,
unless demonstrated to be safe without them through the health and safety
assessment. An ongoing groundwatermonitoringprogramshould be
developed in consultationwithiocal, state and water district representatives.
2. Surface Water quality
All facilities: Developers shall comply with the requirements of the Alameda
Countywide Clean Water Program.
3. Wastewater:
All facilities: Facilities operating wastewater should locate in areas with
adequate industrial sewer capacity. The quality of wastewatermust meet all
federal, state and local sewering agency discharge requirements; and the
facility must obtain a valid industrial wastewater discharge permit.
D. Protect Air Quality:
Air quality nonattainment and PSD areas:
All facilities: Facilities may be sited in nonattainmentandPBD (prevention
of significant deterioration) areas only if they meet the requirements of the
Bay Area Air Quality Management District. The required health and safety
City of Dub/in Zoning Ordinance 60-7 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
assessment will identify air emissions, impacts and mitigation associated
with the facility.
E. Protect Environmentally Sensitive Areas:
1. Wetlands
All facilities: Facilities are prohibited from locating in wetlands such as salt
water, fresh water and brackish marshes, swamps and bogs, as defined in
local regional and state plans and policies (generally, areas inundated by
surface water or ground water with a frequency to support, under normal
circumstances, a prevalence of vegetative or aquatic life which requires
saturated soil conditions for growth and reproduction).
2. Habitat of Endangered Species
All facilities: Facilities are prohibited from locating within critical habitats of
endangered species, defined as areas known to be inhabited permanently or
seasonally or known to be critical at any stage in the life cycle of any species
of wildlife or vegetation identified or being considered for identification as
"endangered" or "threatened" by the U.S. Department of Interior of the State
of California.
3. Prime agricultural lands:
All facilities: Facilities are prohibited from locating on prime agricultural
lands, as defined in California law and local plans, unless an overriding
public need is served and demonstrated.
4. Recreational, cultural and aesthetic resources:
Small-Scale Transfer and Storage facilities: Low-volume transfer and
storage facilities may locate in protected, recreational, cultural or aesthetic
resource areas, as defined by local, regional, state of national plans or
policies, only if necessary to handle hazardous wastes generated by workers,
residents, or visitors in these areas.
Industrial Transfer/Storage/TreatmentFacility: Facilities are prohibited
from locating in protected recreational, cultural and aesthetic resource areas,
as defined by local, regional, state or national plans or policies.
City of Dub/in Zoning Ordinance 60-8 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
5. Military lands:
All facilities: Facilities are prohibited from locating on military lands by the
policy of the U. S. Department of Defense (DOD).
6. Mineral resource areas:
All facilities: Facilities are prohibited from locating on lands containing
significant mineral deposits, as classified by local plans or California's
mineral land class maps and reports, if the extraction of the mineral deposit
would be precluded.
F. Ensure Safe Transportationof Hazardous Waste:
1. Proximity to waste generation areas:
All facilities: Facilities shall locate in the M-1 (Light Industrial) and M-2
(Heavy Industrial) zoning districts at locations close to sources of hazardous
waste generation to minimize the risks of transportation.
2. Proximity and Access to Major Routes:
All facilities: Facilities shall locate to minimize distance from major
transportationroutes. Facilities must have good access by roads designed to
accommodate heavy vehicles. Travel routes from facilities to major
transportationroutes shall be on industrial streets, accessible to designated
truck routes, not pass through residential neighborhoods, shall minimize
residential frontages, and shall be demonstrated as safe with regard to road
design and construction, accident rates, excessive traffic, etc. The required
health and safety assessment will evaluate risks associated with transportation
of hazardous wastes.
G. Protect the Social and Economic Goals of the Community:
Consistency with the General Plan, applicable Specific Plans and zoning:
All facilities: Facilities must be consistent with local planning policies,
including the City General Plan and Zoning Ordinance.
2. Fiscal impact:
All facilities: A facility's fiscal impact to the City must be demonstrated.
City of Dub/in Zoning Ordinance 60-9 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
3. Socioeconomic impacts:
All. facilities: The City may require the facility developer to fund an
independent study on socioeconomic impacts of the facility.
4. Proximity to Public Services:
All facilities: Facilities shall be served by necessary public services including
but not necessarily limited to sewer, water, electricity, gas and telephone.
The site shall be located within a three minute response time from the nearest
fire station.
5. Consistency with Alameda County Hazardous Waste Management Plan:
All facilities: Facilities shall be consistentwith the goals and policies of the
Alameda County Hazardous Waste Management Plan, and must demonstrate
compliance with the siting criteria established herein. Facilities shall be
consistentwith the fair share principal, and with any interjurisdictional
agreements on hazardous waste management. Local needs are to be the
primary basis for facility siting criteria decisions, along with regional
commitments; facilities are to be designed and sized primarily to meet the
hazardous waste management needs of Alameda County, or to meet the
county's broader regional commitments under an interjurisdictional
agreement.
8.60.070 Special Development Requirements.
A. General Conditions:
The City may impose conditions on the granting of a Conditional Use Permit for a
hazardous waste facility in order to achieve the purposes of this section and the
General Plan and to protect the health, safety and general welfare of the community.
B. Safety and Security:
The owner or operator shall prevent the unknowing entry, and minimize the
possibility for the unauthorized entry, of persons or livestock onto any
portion of the facility.
2. The operator shall provide atwenty-fourhour surveillance system (e.g.,
elevation monitoring or surveillance by guards or facility personnel which
continuously monitors and controls entry onto the facility.
City of Dub/in Zoning Ordinance 60-10 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
3. An artificial or natural barrier (e.g., a wall or a wall combined with a
landscaped berm) shall be constructed to completely surround the facility.
4. All gates or other entrances into the facility shall be provided with adequate
means to control entry at all times. Signs with the legend, "Danger -
Hazardous Waste Area -Unauthorized Personnel Keep Out," shall be posted
at each entrance to the facility, and at other locations, in sufficient numbers to
be seen from any approach. The legend shall be written in English, Spanish
and any language predominate (predominant) in the area surrounding the
facility, and shall be legible from a distance of at leasttwenty-five (25) feet.
Existing signs with a legend other than "Danger -Unauthorized Personnel
Keep Out" may be used if the legend on the sign indicates that only
authorized personnel are allowed to enter the active portion, and that entry
onto the active portion can be dangerous.
C. Contingency Plan:
1. The hazardous waste facility is required to have a contingency plan designed
to minimize hazards to human health and the environment from fires,
explosions, or unplanned release of hazardous waste to air, soil, or surface
water. The plan shall be prepared to the satisfaction of the Community
Development Director and be carried out immediately whenever a fire,
explosion, or unplanned release occurs.
2. The contingency plan shall include:
(a) The actions employees must take in response to a fire, explosion, or
unplanned release of hazardous waste.
(b) Arrangements agreed to by local emergency response officials.
(c) The names, addresses and telephone numbers (office and home) of all
persons qualified to act as emergency coordinator. (If more than one
(1) name is listed, the order in which they may assume authority shall
be given, with one (1) person designated as primary coordinator.)
The emergency coordinator shall be available to respond to all
emergency response measures. The emergency coordinator shall be
familiar with all aspects of the contingency plan, all operations and
activities of the facility, the location and characteristics ofwastes
handled, and general facility layout.
The emergency coordinator shall have the authority to commit the
resources needed to carry out the contingency plan.
City of Dub/in Zoning Ordinance 60-1 1 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
(d) A listing of all emergency equipment at the facility, including its
location and an outline of its capabilities.
(e) An evacuation plan for employees where evacuation may be
necessary, including signals used to begin evacuation, primary
evacuation routes and alternate routes.
3. Facility emergency coordinator responsibilities shall be identified in the
contingencyplan to include, at minimum, the following:
(a) In event of emergency (imminent or natural) fire, the emergency
coordinator shall immediately activate facility alarms to notify
employees and shall contact appropriate state or local emergency
response agencies.
(b) In the event of a fire, explosion, or release of any hazardous material,
the emergency coordinator shall immediately identify the character,
exact source, amount and real extent of any released materials.
Concurrently, the emergency coordinator shall assess possible
hazards both direct and indirect, to human health or the environment
that may result from the emergency.
(c) If the emergency coordinator determines that the facility has had a
release, fire or explosion which could threaten human health and the
environment outside the facility, the emergency coordinator shall
report his findings as per the following Sections (d) and (e).
(d) If evacuation is necessary, local officials shall be so notified.
(e) The emergency coordinator shall, in every situation, notify the state
office of emergency services at 1-800-852-7550,the Alameda County
Fire Department (or successor agency) and the Dublin Community
Development Department providing the following information.
1. Name and telephone of person reporting;
2. Name and address of facility;
3. Time and type of incident;
4. Name and quantity of material(s) involved;
~. Extent of injuries; and
6. Possible hazard to human health and the environment outside
facility.
City of Dub/in Zoning Ordinance 60-12 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
(f) During the emergency, the emergency coordinator shall take all
reasonable measures to ensure that fires, explosions, and releases do
not occur or spread, including such measures as:
1. Stopping operations;
2. Collecting and containing released waste; and
3. Removing or isolating containers.
(g) If the facility stops operations during an emergency, the emergency
coordinator shall monitor for leaks, pressure build-up, gas generation
or ruptures in valves, pipes or other equipment as appropriate.
(h) Immediately after an emergency, the emergency coordinator shall
provide for treating, storing or disposing of recovered waste,
contaminated soil or surface water, or any other material resulting
from a release, fire or explosion.
(i) Other activities required of the emergency coordinator after an
emergency are:
1. No wastes incompatible with the released material is handled
until cleanup is completed; and
2. Emergency equipment is cleaned and ready for use before
operations are resumed.
4. Owner/operatorresponsibilitiesshah be identified in the contingency plan to
include, at minimum, the following:
(a) Notify the State Department of Health Services and appropriate state
and local authorities that the above requirements have been met
before operations are resumed in the affected area.
(b) Record the time, date and details of any incident which requires
implementing the contingency plan.
(c) Within fifteen (15) days submit a written report on the incident to the
State Department of Health Services. The report shall include:
1. Name, address and telephone number ofowner/operator;
2. Name, address and telephone number of the facility;
3. Date, time and type of incident;
4. Name and quantity of materials involved;
S. Extent of injuries;
City of Dub/in Zoning Ordinance 60-13 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
6. Assessment of actual or potential hazards to human health or
the environment, where applicable; and
7. An estimate of the quantity of material recovered and its
disposition.
(d) A copy of the contingency plan shall be maintained at the facility. A
copy shall be sent to the City of Dublin Community Development
Department, Alameda County Fire Department (or successor agency),
surrounding hospitals, Alameda County Health Care Agency, and
other regulatory agencies as deemed appropriate.
(e) The contingency plan shall be reviewed and amended when any of
the following occur:
1. The facility permit is revised.
2. Applicable regulations are revised.
3. The plan fails in an emergency.
4. Operations at the facility change in a way that materially
increases the potential of fire, explosion or unplanned release
of hazardous waste.
~. The list of emergency coordinators changes.
6. The list of emergency equipment changes.
D. Monitoring:
Upon reasonable notice, the City, their designated representatives ofother
agencies, may enter a parcel on which a Conditional Use Permit for a
hazardous waste facility has been granted for the purpose of monitoring the
operation of the facility.
2. The holder of a Conditional Use Permit for a hazardous waste facility shall
report quarterly to the Community Development Director the amount, type
and disposition of all wastes processed by the facility. Included in the report
will be copies of all manifests showing the delivery and types of hazardous
waste materials.
3. All structures shall remain accessible for inspection purposes.
E. Closure Plan
The owner or operator of a hazardous waste management facility shall submit a
written closure plan. A copy of the approved plan, and all revisions to the plan shall
be kept at the facility until closure is completed. The plan shall identify steps
City of Dub/in Zoning Ordinance 60-14 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
necessary to completely or partially close the facility at the end of this intended
operating life. The closure plan shall include at least:
1. A description of how and when the facility will be partially closed, if
applicable, and finally closed. The description shall identify the maximum
extent of the operation which will be open during the life of the facility.
2. An estimate of the maximum inventory of wastes in storage and in treatment
at any time during the life of the facility.
3. A description of the steps needed to decontaminate facility equipment during
closure.
4. An estimate of the expected year of closure and a schedule for final closure.
The schedule shall include, at a minimum, the initial time required to close
the facility and the time required for intervening closure activities which will
allow tracking of the progress of closure.
The owner or operator may amend his closure plan at any time during the
active life of the facility. (The active life of the facility is that period during
which wastes are periodically received.) The owner or operator shall amend
the plan whenever changes in operating plans or facility design affect the
closure plan, or whenever there is a change in the expected year of closure.
When the owner or operator requests a permit modification to authorize a
change in operating plans or facility design, a modification of the closure
plan shall be requested at the same time.
5. The plan shall clearly indicate an effective and ongoing use for the facility
after closure. The plan will identify how the subj ect property will be used
after the anticipated life of the project; the nature and type of reclamation,
provisions for maintenance of the project and finally the requirements for
long-term monitoring of the reclaimed area to ensure no hazardous materials
are leaking from the site.
6. The plan shall indicate financial arrangements (irrevocable trust or other form
of security arrangement) for the purpose of providing funds for the closure of
its site and its long-term post-closure monitoring maintenance, per Section
8.60.070.F below.
F. Financial Responsibility:
The owner/operatorshall show proof of liability insurance as follows:
City of Dub/in Zoning Ordinance 60-15 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
The types, amounts, periods of coverage, and provisions for periodic review
as to adequacy of coverage shall be specified in the conditions of approval.
Required insurance shall include, but not be limited to: general liability
insurance, automotive liability insurance, environmental impairment liability
insurance, and architect's and engineer's professional liability insurance.
All such insurance shall name the City as an additional insured and shall be
maintained for the life of the site and such additional periods as shall be
specified in the conditions of approval.
2. Additionally, coverage will be provided for workers compensation insurance
and such other insurance as may be required. Said insurance will name the
City as either additional insured or as an additional loss payee. Certificates of
insurance will be submitted to the City annually.
3. An irrevocable trust will be established to provide funds for closure of the
site and its long-term post-closure and monitoring and maintenance. Funds
for this trust would be provided by the owner/operatorof the facility
quarterly based on quantity and types of percentage of gross income. The
terms of the trust would be as agreed upon by the project owner/operatorand
the City. The terms will be reviewed annually in regards to the amount of
funds in the trust and anticipated closure monitoring and maintenance costs.
Applicants shall provide a bond in an amount to be determined by the City
for purposes of closure of the site.
4. The owner/operatorshall defend, indemnify, and hold harmless the City, its
officers, agents, servants, and employees, from all claims, actions or
liabilities arising out of the issuance of this permit, operations at the facility
and transportation of wastes to and from the facility.
8.60.080 Local Assessment Committee (LAC).
A. Pursuant to Section 25199.7 (d) of the State Health and Safety Code, the City
Council shall appoint aseven-member Local Assessment Committee (LAC). The
City Council has discretionto appoint additional members to this committee as they
deem appropriate. The membership, responsibilitiesand duties shall be consistent
with the provisions of Section 25199.7 of the State Health and Safety Code. The
LAC shall cease to exist after the fmal administrative action has been taken by the
state and local agencies on the permit applications for the project for which the LAC
was formed.
B. The approval body shall provide staff resources to assist the LAC in performing its
duties. (Requirement of Section 25199.7(d)(3) of the California Health and Safety
Code.)
City of Dub/in Zoning Ordinance 60-16 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
C. If the LAC and the applicant cannot resolve any differences through the meetings
specified by State Law, the OPA may assist in this resolution pursuant to Section
25199.4 of the California Health and Safety Code. (Requirement of Section
25199.7(h) of the California Health and Safety Code.)
8.60.090 Hearings and Notice. Hearings and public notices shall be consistent with
the applicable requirements of Article 8.7 of the State Health and Safety
Code and Chapter 8.100, Conditional Use Permits, of the City of Dublin
Zoning Ordinance.
8.60.100 Findings. In order for the Planning Commission to approve a hazardous
waste facility application, the commission must act on this application prior
to approving a Conditional Use Permit for a hazardous waste facility. The
Planning Commission shall find that:
A. The project is consistent with the City's General Plan and Zoning Ordinance.
B. The project is not detrimental to the public health, safety or general welfare of the
community.
C. The project site is or will be adequately served by roads and other public or private
service facilities.
D. The proj ect is consistent with the regional fair share facility needs assessment and
siting policies established in the Alameda County Hazardous Waste Management
Plan.
E. The proj ect complies with the facility siting criteria per Section 8.60.060.
8.60.110 Appeal. An applicant or an interested person may file an appeal of a land
use decision made by the City Council to the governor's appeal board within
thirty (30) days after the date the City takes final action on the land use
decision pursuant to California Health and Safety Code section 25199.9
Procedures for filing an appeal are outlined in Section 25199.14 of the
CaliforniaHealth and Safety Code.
8.60.120 Time Limits.
A. A Conditional Use Permit granted for anoff=site hazardous waste facility shall be
exercised within three (3) years from the effective date thereof, or within such
additional time as may be set in the conditions of approval, which shall not exceed a
total of seven (7) years; otherwise, the permit shall be null and void. The term
"exercised" shall mean the beginning of substantial construction of the use that is
authorized, which construction must thereafter be pursued diligently to completion.
City of Dub/in Zoning Ordinance 60-17 September, 1997
HAZARDOUS WASTE FACILITIES LOCATION PROCEDURE
Chapter 8.60
B. Permit review and renewal shall be determined at the time of approval and shall not
exceed five (5) years.
8.60.130 Household Hazardous Waste Collection Facilities. Household
Hazardous Waste Collection Facilities which meets the requirements of
Article 10.8 of the State Health and Safety Code shall meet the requirements
of this chapter provided that the Community Development Director may
exempt informational or analysis requirements of Sections 8.60.040, 8.60.060
and 8.60.070 where the data are determined to be nonessential for the
approval of the permit.
City of Dub/in Zoning Ordinance 60-18 September, 1997
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
CHAPTER 8.64 HOME OCCUPATIONS REGULATIONS
8.64.010 Purpose. The purpose of this Section is to allow Home Occupations for
the gainful employment of the occupant of a dwelling in a limited
commercial activity, with such employment activity being incidental and
subordinate to the residential use of the property.
Intent. The intent of this Section is to ensure that Home Occupations are
compatible with, and do not change the character of the surrounding
residential area by generating more traffic, noise, odors, visual impacts, or
storage of materials than would normally be expected in a residential
zoning district.
8.64.020 Zoning Clearance Required. Zoning Clearances are required for Home
Occupations which are permitted as accessory uses in all residential
zoning districts. No Home Occupation may be conducted until a Zoning
Clearance is issued.
8.64.030 Business License Required. Business licenses are required for Home
Occupations which are permitted as accessory uses in all residential
zoning districts. No Home Occupation may be conducted until a Business
License is issued.
8.64.040 Limitations on Use. A Home Occupation shall conform to the following
limitations on use:
A. Accessory Structure/Temporary Structure. No Home Occupation may be
conducted within an Accessory Structure or a temporary structure.
B. Appearance of the Residence. The Home Occupation shall not alter the external
appearance of the residence.
C. Construction Equipment/Work Vehicles. No construction equipment or work
vehicles such as plumbing vans, electronic repair vans, or similar equipment or
work vehicles (except a Company Vehicle permitted by Section 8.64.040.E
below), as determined by the Director of Community Development, shall be
stored which is used by the occupant of the residence or his/her employees in
connection with a Home Occupation.
D. Codes/Laws/Regulations. A Home Occupation shall conform to all applicable
codes, laws and regulations.
City of Dub/in Zoning Ordinance 64-1 September, 1997
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no
larger than 3/4 ton (whether or not marked with a company name or logo) may be
parked in a residential zoning district and used by the occupant directly or
indirectly in connection with a Home Occupation.
F. Employees. No Home Occupation shall employ individuals who do not live in
the residence.
G. Equipment/Appliances/Storage of Materials of Non-Residential Nature.
There shall be no installation of equipment or appliances or storage of materials,
of anon-residential nature in a residence or Accessory Structure, as determined by
the Director of Community Development.
H. Fire Safety/Occupancy. Activities conducted and equipment or material used as
part of a Home Occupation shall not change the fire safety or occupancy
classifications of the residence as set forth in the Uniform Building Code. The
Home Occupation shall not employ the storage of flammable, explosive, or
hazardous materials unless specifically approved by the Alameda County Fire
Department.
I. Incidental and Subordinate Use. A Home Occupation shall be incidental and
subordinate to the residential use of the property.
J. Indoors/Limited to one room. The Home Occupation shall be conducted
indoors and shall be limited completely to one room located within the residence,
or to the garage.
K. Merchandise For Sale Or Rent From the Premises. There shall be no storage
on the premises for sale or rental of any merchandise, stock of items, or goods
from the premises which are not home made.
L. Multiple Home Occupations. There shall not be more than two Home
Occupations per residence.
M. Nuisances. No Home Occupation shall create or cause noise, dust, light,
vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical
interference, or other hazards or nuisances beyond those normal for a residential
area or which may be perceptible at or beyond the lot line as determined by the
Director of Community Development.
N. Outdoor Storage/Display. There shall be no outdoor storage or display of
merchandise, equipment, appliances, tools, materials, or supplies associated with
a Home Occupation.
City of Dub/in Zoning Ordinance 64-2 September, 1997
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
O. Parking. No vehicle used for a Home Occupation shall occupy a required
parking space of a residence. No Home Occupation shall occupy a required
parking space of a residence. One off-street parking space (other than in the
driveway) shall be provided for a vehicle used for the Home Occupation.
P. Rented Property. If the Home Occupation is to be conducted on rental property,
the property owner's written authorization for the proposed use shall be obtained
and submitted to the City prior to the application for a Business License or Zoning
Clearance.
Q. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being
repaired or dismantled within a residential garage shall be owned by an occupant
of the residence and shall be carried out in full compliance with all applicable
laws and regulations.
R. Signs. There shall be no advertising sign, window display, or other identification
of the Home Occupation on the premises other than a house number and
nameplate as permitted by Section 8.84.140.D House Numbers and Name Plates.
S. Storage. The storage of equipment, materials, wastes, and other items needed for,
or produced by, the construction, landscaping, or service trades is prohibited.
T. Students. No more than two students may be given instruction in music,
academics, dance, swimming, or other subjects as determined by the Community
Development Director in a residence at one time. No students may be given
instruction between the hours of 9:00 p.m. and 8:00 a.m.
U. Vehicular Trips/Delivery Trips. No Home Occupation shall generate more than
five additional pedestrian or vehicular trips in excess of that customarily
associated with the zoning district in which it is located, or more than two
delivery trips per day. No deliveries shall be made between the hours of 9:00 p.m.
and 8:00 a.m.
8.64.050 Prohibited Home Occupations. The following Home Occupations (and
any additional Home Occupations, as determined by the Director of
Community Development), are in violation of the Purpose and Intent
and/or the Limitations on Use of this Section, and are prohibited:
A. Adult Businesses Establishments.
B. Barber Shop or Beauty Shop.
C. Carpentry or cabinet making.
D. Dance or night club.
City of Dub/in Zoning Ordinance 64-3 September, 1997
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
E. Fortunetelling.
F. Grooming, breeding, training or raising of dogs, cats, or other animals.
G. Medical and dental offices, clinics, and laboratories.
H. Mini-storage.
I. Real Estate Office.
J. Repair (body or mechanical) or reupholstering of vehicle not owned by the
resident. (Note: painting of motorized vehicles or the repair and
maintenance of any tractor trucks or semi-trucks is prohibited in any
residential zoning district by Section 8.40.030.E.8, Accessory Structures and
Uses Regulations.
K. Repair Shops (of appliances, electronic equipment, furniture, and similar
items as determined by the Director of Community Development), Fix-it
shops, or plumbing shops.
L. Restaurant.
M. Welding and machining.
8.64.060 Revocation of Zoning Clearance. A zoning clearance for a Home
Occupation may be revoked in the manner described in Section 8.96.020.I,
Permit Procedures. In addition to the findings that could be made to
revoke a permit in that section, a decision to revoke a Zoning Cleazance
may also be made if any one of the following findings can be made
A. That the Home Occupation has become detrimental to the public health, safety,
and welfaze.
B. That the Home Occupation no longer complies with the Purpose and Intent of this
Section.
C. That the Home Occupation no longer complies with the Limitations on Use of this
Section.
City of Dub/in Zoning Ordinance 64-4 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
CHAPTER 8.68 INCLUSIONARY ZONING REGULATIONS
8.68.010. Purpose. The purpose of this Chapter is to enhance the public welfare and assure that
further housing development contributes to the attainment of the above-described housing
goals by increasing the production of residential units affordable by households of very low,
low, and moderate income, and by providing funds for the development of very low, low,
and moderate income ownership and/or rental housing. A limited and finite amount of land
remains for development of housing in the City and extended planning area. In order to
assure that the remaining developable land is utilized in a manner consistent with the City's
housing policies and needs, the City declares that five (5) percent of the total number of
units of all new residential developments containing twenty (20) or more units, constructed
within the City as it now exists and as may be altered by annexation, shall be affordable by
households of very low, low, and moderate income, including ownership and/or rental
projects.
8.68.020. Title. This Chapter shall be called the Inclusionary Zoning Regulations of the City of
Dublin.
8.68.030. Findings. The City of Dublin finds that:
A. The citizens of Dublin are experiencing a housing shortage for very low, low and moderate income
households.
B. A goal of the City's adopted Housing Element is to achieve a balanced community with housing
available for households of a range of income levels.
C. Persons with very low, low, and moderate incomes who currently live and/or work in the City are
increasingly unable to locate housing at prices they can afford, and often become excluded from
living in the City.
D. Federal and State housing subsidy programs are not sufficient by themselves to satisfy the housing
needs of lower and moderate income households.
E. The high cost of newly constructed housing does not, to any appreciable extent, provide housing
affordable by very low, low, and moderate income households, and that continued new development
which does not include affordable housing will serve to further aggravate the current housing
shortage by reducing the supply of developable land.
F. It is a public purpose of the City, and a public policy of the State of California as mandated by the
requirements for a housing element of the City's General Plan, to make available an adequate supply
of housing for persons of all economic segments of the community.
City of Dub/in Zoning Ordinance 68-1 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
8.68.040. Definitions. For the purposes of these regulations, certain words and phrases shall be
interpreted as set forth in this Section unless it is apparent from the context that a different
meaning is intended. Where any of the definitions in this Section may conflict with
definitions in Article II of this Title, Definitions, the definitions of this Section shall prevail
for the purposes of this Chapter.
A. Affordable Rent. The term Affordable Rent shall mean a monthly rent (including utilities as
determined by a schedule prepared by the City) which does not exceed the following:
1. Very- Low-income households: 1/12 of 30% of 50% of the annual Median Income for
Alameda County, as adjusted for household size, based upon the annual income figures
generated by the Federal Department of Housing and Urban Development (HUD)
2. Low-income households: 1/12 of 30% of 80% of the annual Median Income for Alameda
County, as adjusted for household size, based upon annual income figures provided by
HUD
3. Moderate-income households: 1/12 of 30% of 120% of the annual Median Income for
Alameda County, as adjusted for household size, based upon the annual income figures
provided by HUD
B. Affordable Sales Price. The term Affordable Sales Price shall mean a sales price which results in a
monthly mortgage payment (including principal and interest) which does not exceed the following:
1. For Very- Low-income households: 1/12 of 30% of 50% of the annual Median Income for
Alameda County, as adjusted for household size, based upon the annual income figures
generated by the Federal Department of Housing and Urban Development (HUD)
2. For Low-income households: 1/12 of 30% of 80% of the annual Median Income Alameda
County, as adjusted for household size, based upon annual income figures provided by
HUD
3. For Moderate-income households: 1/12 of 30% of 120% of the annual Median Income for
Alameda County, as adjusted for household size, based upon the annual income figures
provided by HUD
C. Amenities. The term Amenities shall mean interior features which are not essential to the health
and safety of the resident, but provide visual or aesthetic appeal, or are provided as conveniences
rather than as necessities. Interior Amenities may include, but are not limited to, fireplaces, garbage
disposals, dishwashers, cabinet and storage space and bathrooms in excess of one. Amenities shall
in no way include items required by City building codes or other ordinances which are necessary to
insure the safety of the building and its residents.
City of Dub/in Zoning Ordinance 68-2 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
D. Applicant. The term Applicant shall mean any person, firm, partnership, association joint venture,
corporation, or any entity or combination of entities which seeks City permits and approvals for a
prod ect.
E. City. The term City shall mean the City of Dublin or its designee or any entity with which the City
contracts to administer this Chapter.
F. Dublin Employee. The term Dublin Employee shall mean any head of household, or in the case of
married couples either spouse, who has worked within the City Limits of Dublin continually for one
(1) yeaz immediately prior to the date of application for an Inclusionary Unit.
G. Dublin Resident. The term Dublin Resident shall mean any person who has lived within the City
Limits of Dublin continually for one (1) year immediately prior to the date of application for an
Inclusionary Unit. Continually shall be construed to include lapses of residency of no longer than
six months.
H. Dwelling Unit. The term Dwelling Unit shall mean a dwelling designed for occupancy by one
household.
I. Household. The term Household shall mean one person living alone, or two or more persons
sharing residency whose income is considered for housing payments.
J. HUD. The term HUD shall mean the United States Department of Housing and Urban
Development or its successor.
K. Inclusionary Unit. The term Inclusionary Unit shall mean a Dwelling Unit as required by this
Chapter which is rented or sold at Affordable Rents and/or Affordable Sales Prices (as defined in
this Section) to Very Low, Low, or Moderate Income Households.
L. Income. The term Income shall mean the gross annual household income as defined by HUD.
M. In-lieu Fee. The term In-Lieu Fee shall mean a fee paid to the City by an applicant for a project in
the City, in lieu of providing the Inclusionary Units required by this Chapter.
N. Life of the Inclusionary Unit. The term Life of the Inclusionary Unit shall mean a 30 year period
from the date of occupancy, which shall be the date the City of Dublin performs final inspection for
the building permit.
O. Low Income Household. The term Low Income Household shall mean a household whose annual
income is more than 50% but does not exceed 80% of the annual median income for Alameda
County, based upon the annual income figures provided by HUD, as adjusted for household size.
HUD may establish income limits higher or lower than 80% of the median income for the area on
City of Dub/in Zoning Ordinance 68-3 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
the basis of its finding that such variations are necessary because of the prevailing levels of
construction costs or unusually high or low family incomes.
P. Median Income for Alameda County. The term Median Income for Alameda County shall mean
the median gross annual income in Alameda County as determined by HUD, adjusted for household
size.
Q. Moderate-income households. The term Moderate-income households shall mean a household
whose annual income is more than 80% but does not exceed 120% of the annual Median Income for
Alameda County, based upon the annual income figures provided by HUD, as adjusted for
household size. HUD may establish income limits higher or lower than 120% of the median income
for the area on the basis of its finding that such variations are necessary because of the prevailing
levels of construction costs or unusually high or low family incomes.
R. Off-site Inclusionary units. The term Off-site Inclusionary units shall mean Inclusionary Units on
land within the City of Dublin other than that on which the applicant intends to construct market
rate units.
S. Ownership Units. The term Ownership Units shall mean those Inclusionary Units developed as
part of a residential development which the Applicant intends will be sold, or which are customarily
offered for individual sale.
T. Project owner. The term Project owner shall mean any person, firm, partnership, association, joint
venture, corporation, or any entity or combination of entities which holds fee title to the land on
which the project is located.
U. Project. The term Project shall mean a housing development at one location or site including all
dwelling units for which permits have been applied for or approved.
V. Property Owner. The term Property Owner shall mean the owner of an Inclusionary Unit,
excepting a "Project Owner".
W. Rental Units. The term Rental Units shall mean those Inclusionary Units developed as part of a
residential development which the Applicant intends will be rented or leased, or which are
customarily offered for lease or rent.
X. Recapture Mechanisms. The term Recapture Mechanisms shall mean legal programs and
restrictions by which subsidies provided to Inclusionary Units will be controlled and repaid to the
City and/or other entity upon resale, to insure the ongoing preservation of affordability of
Inclusionary Units or to insure funds for Inclusionary Units remain within the City's affordable
housing program.
City of Dublin Zoning Ordinance 68-4 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
Y. Resale Restrictions. The term Resale Restrictions shall mean legal restrictions by which the price
of Inclusionary Units may be controlled to insure that the units remain affordable to Very Low,
Low, and Moderate Income households on resale.
Z. Silent Second Mortgage. The term Silent Second Mortgage shall mean a deed of trust recorded
against an Inclusionary Unit which makes the City and/or other private or non-profit lender the
beneficiary.
AA. Unit Type. The term Unit Type shall mean various dwelling units within a project which are
distinguished by number of bedrooms.
BB. Very Low Income Household. The term Very Low Income Household shall mean a household
whose annual income does not exceed 50% of the annual median income for Alameda County,
based upon the annual income figures provided by HUD, as adjusted for household size. HUD may
establish income limits higher or lower than 50% of the median income for the area on the basis of
its finding that such variations are necessary because of the prevailing levels of construction costs or
unusually high or low family incomes.
8.68.050. General Requirements/Applicability.
A. Affordability/Inclusionary Units. For all new residential development projects of 20 units or
more, at least 5% of the project's dwelling units shall be affordable to Very Low, Low, and
Moderate Income households. These dwelling units shall be referred to as "Inclusionary Units"
The Inclusionary Units shall be divided among these income groups by the following ratios:
1. Very Low Income Households. 2% of the project units must be affordable to Very Low
Income households.
2. Low Income Households. 2% of the project units must be affordable to Low Income
households.
3. Moderate Income Households. 1% of the project units must be affordable to Moderate
Income households.
B. Rent or purchase. The Inclusionary Units required for each income category shall be reserved for
rent or purchase by eligible Very Low, Low, and Moderate Income Households.
C. Projects subject to these requirements. Projects subject to these requirements include, but are not
limited to, single-family detached dwellings, townhomes, apartments, condominiums, or
cooperatives provided through new construction projects, and/or through conversion of rentals to
ownership units.
D. Calculating Number of Inclusionary Units. The percentage of Inclusionary Units required for a
particular project shall be determined only once on a given project, at the time of Tentative Map
approval, or, for projects not processing a map, prior to issuance of building permit. If the
subdivision design changes, which results in a change in the number of Inclusionary Units required,
City of Dublin Zoning Ordinance 68-5 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
the number of Units required shall be recalculated to coincide with the final approved project. In
applying and calculating the five (5) percent requirement, any decimal fraction less than or equal to
0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one Unit.
E. Affordable Housing Agreement. An Affordable Housing Agreement, discussed further under
Section 8.68.070 of this Chapter, shall be used to document and further define the terms by which
projects subject to these regulations will comply with such requirements.
8.68.060. Unit Provisions and Specifications.
A. Dispersal. Inclusionary Units shall be dispersed throughout the project.
B. Materials and architectural design. Inclusionary Units shall be constructed with exterior
materials and an exterior architectural design which is consistent with the market rate units in the
prod ect.
C. Size and amenities. Inclusionary Units may be of smaller size than the units in the project, and
may have fewer amenities than the market rate units in the project.
D. Term. Inclusionary Units shall remain affordable for thirty (30) years.
E. Maximum rental prices/resale restrictions. Deed restrictions shall be recorded subjecting the
Rental Units to maximum rental prices. When Inclusionary Ownership Units are constructed and
offered for sale at a price which will maintain its affordability due to the Unit's design and size, no
Resale Restrictions should be necessary. However, Ownership Units may require such restrictions
recorded with the deed if necessary to address the recapture of value increases, in situations where
units are not sold at substantially lower prices than market rate units, or when the units may lose
affordability as the market changes. For units which require subsidies to attain an Affordable Sales
Price, Resale Restrictions shall be recorded with the deed to recapture the subsidy upon resale
(unless the unit is resold at an Affordable Sales Price and to an eligible household). The discussion
of Resale Restrictions is addressed in Section 8.68.070 of this Chapter. Prior to the original sale, or
any resale, of such Units, the buyer(s) shall sign an acknowledgment that they are aware of the
requirements of this Chapter, any deed restrictions, and any declaration of conditions, covenants,
and restrictions, as applicable.
F. Concurrent construction. All Inclusionary Units in a project shall be constructed concurrently
within or prior to the construction of the project's market rate units, unless the City Manager
determines that extenuating circumstances exist which render this infeasible (e.g., physical or
financial difficulties).
G. Occupancy requirement. Purchasers of Ownership Inclusionary Units shall be required to occupy
the Unit except when otherwise approved by the City Manager. In order to approve exceptions,
evidence must be presented to the City Manager showing that the owner is temporarily unable to
occupy the Unit due to extreme circumstances, such as illness or incapacity, or extreme financial
City of Dub/in Zoning Ordinance 68-6 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
hardship. In such cases, the City Manager may approve rental of the Inclusionary Unit to
households meeting the same income level requirements as the owner for a limited time, but in no
instance exceeding atwelve-month period. If an exception is approved, the City may stipulate
whether the unit must be rented to a household of a certain income category, and at an Affordable
Rent.
H. Appropriate household size per unit. In determining the appropriate household size per unit, for
purposes of calculating Affordable Rent or Affordable Sales Price, dwelling Unit Types shall be
assigned as follows:
1. Studio Unit One Person
2. One Bedroom Unit Two Persons
3. Two Bedroom Unit Three & Four Persons
4. Three Bedroom Unit Five Persons
5. Four or more Bedroom Unit Six or more Persons
I. Preference. Dublin residents who are senior citizens (65 years of age or older) shall be given first
preference for Inclusionary Units; Dublin residents who are first-time homebuyers shall have second
preference; other Dublin residents shall have third preference; fourth preference shall be given to
those who need to move to Dublin to be near Dublin residents or services.
8.68.070. Affordable Housing Agreement An Affordable Housing Agreement shall be entered into
by the City and the Project Owner. The Agreement shall record the method and terms by
which a Project Owner shall comply with the requirements of this Chapter. The approval
and/or recordation of this Agreement shall take place prior to final map approval or, where a
map is not being processed, prior to the issuance of building permits for such lots or units.
A. Types of Agreements. Two types of Agreements shall be used by the City:
1. Simple In-Lieu Agreement. When an Applicant pays a fee in-lieu of constructing
Inclusionary Units, a simple In-Lieu Agreement form shall be entered into between the
Project Owner and the City Manager to document that the Applicant has chosen the In-Lieu
Fee option, and shall be submitted to the Community Development Department.
2. Complete Affordable Housing Agreement. When an Applicant provides Inclusionary
Units constructed with a project, a complete Affordable Housing Agreement shall be
required, to document and further define how these units shall be provided at Affordable
Sales Prices and reserved for purchase by eligible Households, and how the affordability of
the Inclusionary Units will be preserved.
B. Additional terms and conditions. Additional terms and conditions of the Affordable Housing
Agreement may be determined at the time of each project approval and/or at the time the parties
enter into the agreement.
City of Dub/in Zoning Ordinance 68-7 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
C. Contents.
1. Rental Units
a. Affordable Housing Agreement to document how rental units shall be provided.
Applicants for a project which will provide Rental Units shall enter into an
Affordable Housing Agreement with the City prior to issuance of any building
permits for the project, to document and further define how these units shall be
provided at Affordable Rents and reserved for rent by eligible Very Low, Low, and
Moderate-Income Households.
b. Annual statement. The City shall prepare an annual statement establishing the
maximum rent levels and income limits for each household income category. These
levels may be adjusted by the City at periodic intervals as new tables are published
by the Federal, State, or local government agencies.
c. Management. The management of Rental Units shall be the responsibility of the
Project Owner.
d. Project Owner's annual status report. The Affordable Housing Agreement shall
require each Project Owner to submit an annual status report to the City Manager in a
format approved by the City, including additional information as required by the
City. This report may include, but is not limited to identification of which units are
Rental Units, their monthly rents, vacancy information for the prior year, monthly
income for tenants of each Rental Unit throughout the prior year, and similar
information.
e. Signature/recordation/runs with the land. The Affordable Housing Agreement
shall be signed by the City Manager or his/her designee, shall be recorded, and shall
run with the land.
2. Ownership Units
a. Affordable Housing Agreement to document how ownership units shall be
provided and affordability preserved. When an Applicant provides Inclusionary
Units constructed with a project, the Affordable Housing Agreement shall document
and further define how these units shall be provided at Affordable Sales Prices and
reserved for purchase by eligible Very Low, Low, and Moderate-Income
Households, and how the affordability of the Inclusionary Units will be preserved.
b. Inclusionary Unit Information. This Agreement may include, but is not limited to,
designation of the Inclusionary Unit sites, schedule of construction of units, terms
and conditions governing the initial sale or rental payments of units, purchaser/renter
qualifications, monitoring of rent/resale, and restrictions on resale where applicable.
City of Dub/in Zoning Ordinance 68-8 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
c. Occupied by owner. The Affordable Housing Agreement for Ownership Units shall
specify that the Inclusionary Units must be occupied by the owner(s) and cannot be
rented except upon approval of the City Manager.
d. City shall have right of first refusal to purchase an Inclusionary Unit. The
Affordable Housing Agreement shall grant the City the right of first refusal to
purchase an Inclusionary Unit each time it is sold.
e. Acknowledgment. The Affordable Housing Agreement shall provide that prior to
the original sale, or any resale, of an Ownership Unit, the buyer(s) shall sign an
acknowledgment that they are aware of the requirements of this Chapter, the
Affordable Housing Agreement, any deed restrictions, and any declaration of
conditions, covenants, and restrictions, as applicable.
f. Signature/recordation/runs with the land. The Affordable Housing Agreement
shall be signed by the City Manager or his/her designee, shall be recorded, and shall
run with the land.
D. Mechanisms for ensuring affordability. Mechanisms which may be utilized in the Affordable
Housing Agreement for ensuring affordability for the Life of the Inclusionary Units include, but are
not limited to, the following:
1. Affordable by Design. In projects which provide Inclusionary Units at Affordable Sales
Prices by virtue of the unit design, no resale restrictions are necessary. In these situations,
an Affordable Housing Agreement is only required to document the method by which the
project has complied with the Ordinance, and to define or address specific project issues.
However, in order to avoid deed restrictions on resale of the Units, Inclusionary Units must
be sold at substantially lower prices than market rate units, and be reasonably expected to
maintain their affordability as the housing market changes. For units which require
subsidies to attain an Affordable Sales Price, restrictions shall be recorded with the deed to
recapture the subsidy upon resale, as described in Section 8.68.070.D.2 below. The City
Council shall determine whether a project is Affordable by Design.
2. Recapture Mechanisms/Silent Second Mortgage.
a. Effect of subsidy. In cases where Inclusionary Units are provided at Affordable
Sales Prices via project subsidies, the value of the subsidy shall be recorded with the
property deed as a "Silent" Second Mortgage. The subsidy shall be considered the
monetary difference between the initial Affordable Sales Price, and the initial
appraised market value.
City of Dub/in Zoning Ordinance 68-9 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
b. Affordable sales price and target income level. The Affordable Housing
Agreement will state the Affordable Sales Price and target income level at which
Inclusionary Units in a particular project are initially sold, and should be resold.
This target level should coincide with the level which is affordable to the same
income category and household size for which the unit was designated when
originally sold. If the unit is resold to a qualifying household at an Affordable Sales
Price, the second mortgage will be transferred to the new owner. If the unit is resold
at market rate, the Silent Second Mortgage will be paid off.
c. Recapture by City and/or other financial entity/Affordable Housing Fund. The
amount of the Silent Second Mortgage would be recaptured by the City and/or other
financial entity participating in a shared equity program under the Affordable
Housing Agreement. These recaptured funds will be placed into the affordable
housing fund, to be utilized for providing affordable housing consistent with the
intent of this Chapter.
d. Waiver of monthly payments of principal and interest. The monthly payments of
principal and interest for the subsidy or loan may be waived as long as an eligible
buyer continues to own and reside in the Inclusionary Units as his or her primary
residence, or unless an exception is approved by the City, in accordance with
Section 8.68.060.G.
e. Monitoring. The City Manager or his/her designee shall be responsible for
monitoring the sale, occupancy and resale of Inclusionary Units.
8.68.080. Alternatives to constructing Inclusionary Units on-site. The requirements of this Chapter
may be satisfied by various methods other than the construction of Inclusionary Units on the
project site. Some examples of alternate methods of compliance appear below. As housing
market conditions change, the City may need to allow alternatives to provide options to
Applicants to further the intent of providing affordable housing with new development
projects.
A. Off-.Site Projects. Inclusionary Units required pursuant to this Chapter may be allowed to be
constructed at a location within the City other than the project site. Any off-site Inclusionary Units
must receive approval of the City Council and must meet the following criteria:
1. Creating, preserving, maintaining and protecting housing. The off-site Inclusionary
Units must be determined to be consistent with the City's goal of creating, preserving,
maintaining, and protecting housing for Very Low, Low, and Moderate Income Households.
2. Not result in concentration of Inclusionary Units. The off-site Inclusionary Units must
not result in a serious concentration of Inclusionary Units in any one particular
neighborhood.
City of Dub/in Zoning Ordinance 68-10 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
3. Conform to City Ordinances and this Chapter. The off-site Inclusionary Units shall
conform to the requirements of all applicable City Ordinances and the provisions of this
Chapter.
4. Occupancy. The occupancy and rents of the off-site Inclusionary Units shall be governed
by the terms of a deed restriction, and if applicable, a declaration of covenants, conditions
and restrictions similar to that used for the on-site Inclusionary Units.
5. Affordable Housing Agreement/Terms. The Affordable Housing Agreement established
between the City and Applicant shall stipulate the terms of the off-site production of
Inclusionary Units. If the construction does not take place at the same time as project
development, the agreement shall require the Units to be produced within a certain time
frame, but in no event longer than 10 years. A cash deposit or bond may be required by the
City, refundable upon construction, as assurance that the units will be built.
B. In-lieu Fee Option. A fee may be paid by an Applicant in lieu of providing Inclusionary Units in
the project. This fee must be paid for each dwelling unit at the time the building permit is issued for
that dwelling unit. The amount of In-Lieu Fees shall be established by resolution of the City
Council. The In-Lieu fee shall be adjusted periodically to reflect the change in the Consumer Price
Index (CPI), and may also be adjusted as necessary for changing conditions in the City. If a project
provides a portion of the required number of Inclusionary Units on the project site, the amount of
the In-Lieu fee will be reduced by a percentage which is equivalent to the percentage of
Inclusionary Units provided in each income category.
C. Land Dedication
1. Dedication of land in place of actual construction of Inclusionary Units. An Applicant
may dedicate land to the City or a local non-profit housing developer in place of actual
construction of Inclusionary Units upon approval of the City Council. The intent of
allowing a land dedication option is to provide the City or a local non-profit housing
developer the free land needed to make an Inclusionary Unit development feasible, thus
furthering the intent of this Chapter.
2. Zoning, buildability, free of toxic substances and contaminated soils. The dedicated
land must be appropriately zoned, buildable, free of toxic substances and contaminated soils.
3. Size. The dedicated land must be large enough to accommodate the number of Inclusionary
Units required for the project.
4. Acceptance. The City's acceptance of land dedication shall require that the lots be fully
improved, with infrastructure, adjacent utilities, grading, and fees paid.
D. Other flexible solutions. Applicants may propose creative concepts for meeting the requirements
of this Chapter, in order to bring down the cost of providing Inclusionary Units, whether on or off
site. The City Council may approve alternate methods of compliance with this Chapter if the
City of Dub/in Zoning Ordinance 68-1 1 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
Applicant demonstrates that such alternate method meets the purpose of this Chapter (as set forth in
Section 8.68.010).
8.68.090. Credit Transfers
A. Transfer of Inclusionary Unit credits. The requirements of this Chapter may be satisfied by
transferring Inclusionary Unit credits from one site to another, upon approval of the City Council,
and as set forth herein. Transfer credits may be created if the City Council approves issuance of a
specified number of Credit Certificates for that number of Inclusionary Units provided by a
particular Project Owner in excess of the minimum required for the project. Credit Certificates,
when approved, shall be issued for the specific Income Category for which the unit is designed,
according to the number of rooms and Affordable Sales Price.
B. Ownership and use of credits. Credit Certificates are issued to and become the possession of the
Project Owner, who may then use them to satisfy the requirements of this Chapter for another
project in the City, whether developed by the same Project Owner or another developer.
C. Sale, reporting transaction. If a Project Owner sells Credit Certificates to another developer, the
parties shall report the transaction to the Community Development Director, who will document the
transfer by Certificate number.
D. Recording use of Credit Certificate. When the Credit Certificate is applied to meet the
Inclusionary Unit requirement of a particular project, it shall be recorded at the time of project
approval, and the subject Certificates must be returned to the Community Development Director.
E. Compliance with this Chapter. The Inclusionary Units for which a Credit Certificate is sought
shall meet all of the criteria of this Chapter.
F. Credit Certificates used to satisfy the same income category for which they are issued. Credit
Certificates issued for specific Income categories may only be used to satisfy the requirements for
Inclusionary Units for the same Income category (Very Low, Low, or Moderate).
G. Determining appropriate income category. The City Council shall determine the appropriate
Income category for each Credit Certificate issued.
H. Resale controls. The Inclusionary Units for which Credits are granted shall have resale controls
applied to ensure their ongoing affordability.
I. Terms. Terms of the Credit Transfer shall be included in the Affordable Housing Agreement.
City of Dub/in Zoning Ordinance 68-12 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
8.68.100. Inclusionary Housing In-Lieu Fee Fund.
A. Inclusionary Housing In-Lieu Fee Fund. In-lieu Fees shall be deposited into a fund known as the
"Inclusionary Housing In-Lieu Fees Fund" ("Fund").
B. Use. All monies in the Fund, together with any interest earnings on such monies less reasonable
administrative charges, shall be used or committed to use by the City for the purpose of providing
Very Low, Low, and Moderate Income ownership or rental housing in the City of Dublin through
Silent Second Mortgages, land acquisition, land writedowns, construction, contributions to non-
profit associations or corporations for construction of housing, landbanking (including property
exchanges) and any other mechanism available to the City to provide Very Low, Low, and
Moderate income housing.
C. Timely Use. The monies in the Fund shall be used or committed to use within seven (7) years of
the date of payment into the Fund. Monies from a particular project which remain unexpended or
uncommitted at the end of the seven year period may be refunded to the then-current Property
Owners or Project Owner or may be contributed to anon-profit association or corporation for the
purpose of providing Very Low, Low, and Moderate income ownership housing in Dublin, at the
option of the City Council.
D. Annual report. The City Manager shall prepare an annual report for the City Council identifying
the balance of monies in the Fund and the Inclusionary Units provided and any monies committed
to providing Very Low, Low, and Moderate Income housing. The annual report shall also include a
review of administrative charges.
8.68.110. Incentives to encourage On-site construction of Inclusionary Units. The City shall
consider making available to the Applicant incentives to increase the feasibility of
residential projects to provide Inclusionary Units. Incentives or fmancial assistance will be
offered only to the extent resources for this purpose are available and approved for such use
by the City Council or City Manager, as defined below, and to the extent that the Project,
with the use of incentives or financial assistance, assists in achieving the City's housing
goals. However, nothing in this chapter establishes, directly or through implication, a right
of an Applicant to receive any assistance or incentive from the City.
A. In Affordable Housing Agreement. Any incentives provided by the City shall be set out in the
Affordable Housing Agreement pursuant to Section 8.68.070 of this Chapter.
B. Additional incentives. The granting of the additional incentives shall require demonstration of
exceptional circumstances which necessitate assistance from the City, as well as documentation of
how such incentives increase the feasibility of providing affordable housing,
C. Incentives. The following incentives may be approved for Applicants who construct Inclusionary
Units on-site:
City of Dub/in Zoning Ordinance 68-13 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
1. Fee Deferral.
a. By City Manager. The City Manager may approve deferred payment of City
processing fees applicable to the review and processing of the Project. The terms
and payment schedule of the deferred fees shall be subject to the approval of the
City Manager, and require Agreement by the Project Owner, prior to any City
Department authorizing deferral.
b. By City Council. The City Council, by Resolution may defer payment of City
development impact fees applicable to the Inclusionary Units or the project of which
they are a part. Approval of this incentive requires demonstration by the Applicant
that the deferral increases the project's feasibility. The Affordable Housing
Agreement for the project shall document and address the terms of payment and
contain language which assures payment of such fees.
2. Design Modifications. The granting of design modifications shall require the approval of
the City Council. Modifications to typical design standards include the following:
a. Reduced setbacks.
b. Reduction in infrastructure requirements.
c. Reduced open space requirements.
d. Reduced landscaping requirements.
e. Reduced interior or exterior amenities.
f. Reduction in parking requirements.
g. Height restriction waivers.
3. Priority Processing. A Project which provides Inclusionary Units may be entitled to
priority processing, subject to the approval of the City Manager. A Project eligible for
priority processing shall be immediately assigned to planning staff and processed in advance
of all non-priority items. The Project shall be scheduled for the next available meeting of
the Planning Commission and/or City Council, upon meeting all submittal and
environmental review requirements. When more than one Project qualifying for priority
processing is applied for at the same time, first priority will be given to the Project whose
application was determined to be complete earlier.
8.68.120. Administration. The City Manager may establish guidelines for administering the
provisions of this Chapter. The City may contract with the Dublin Housing Authority, the
Alameda County Housing Authority, or other entity to administer any provisions of this
Chapter.
8.68.130. Availability of government subsidies. The requirements for Inclusionary Units shall not
be reduced by the availability of government program subsidies, nor precluded by the use of
such programs and subsidies.
City of Dub/in Zoning Ordinance 68-14 September, 1997
INCLUSIONARY ZONING REGULATIONS
Chapter 8.68
8.68.140. Conflict of Interest. Individuals who, by virtue of their position or relationship, are hereby
found to be ineligible to purchase or rent an Inclusionary Unit as their residence include all
employees and officials of the City of Dublin who have, by the authority of their position,
policy making authority or influence affecting City housing programs, and the Project
Applicant and Project Owner.
8.68.150. Violations. It shall be unlawful for any person, firm, corporation, partnership or other entity
to violate any provision or to fail to comply with any of the requirements of this Chapter. A
violation of any of the provisions or failing to comply with any of the requirements of this
Chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of
this Code, any such violation constituting a misdemeanor under this Chapter, may in the
discretion of the enforcing authority, be charged and prosecuted as an infraction. Any
person convicted of an infraction under the provisions of this Code shall be punishable as
provided by the Government Code of the State of California.
8.68.160. Enforcement.
A. Enforcing authority. The City Manager is designated as the enforcing authority.
B. Suspension or revocation of building permit or approval. The City Manager may suspend or
revoke any building permit or approval upon finding a violation of any provision of this chapter.
C. Application. The provisions of this Chapter shall apply to all agents, successors and assigns of an
Applicant.
D. Building permit or final inspection must meet requirements of this Chapter. No building
permit or final inspection shall be issued, nor any development approval be granted which does not
meet the requirements of this Chapter.
E. Excessive rents legal action. In the event that it is determined that rents in excess of those allowed
by operation of this Chapter have been charged to a tenant residing in an Inclusionary Unit, the City
may take appropriate legal action to recover, and the Project Owner shall be obligated to pay to the
tenant or to the City in the event the tenant cannot be located, any excess rents charged.
8.68.170. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in
Chapter 8.136, Appeals.
City of Dub/in Zoning Ordinance 68-15 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
CHAPTER 8.72 LANDSCAPING AND FENCING REGULATIONS
8.72.010 Purpose. The purpose of this Chapter is to establish landscaping and fencing
regulations.
Intent. The Intent of this Chapter is to:
A. Enhance the aesthetic appearance of developments in all areas of the City by providing
standards relating to quality, quantity and functional aspects of landscaping and landscape
screening;
B. Increase compatibility between residential and abutting commercial and industrial land
uses;
C. Reduce the heat and glare generated by development; and
D. Protect public health, safety, and welfare by minimizing the impact of all forms of
physical and visual pollution, controlling soil erosion, screening incompatible land uses,
preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic
and safety.
8.72.020 Preliminary Landscaping Plan.
A. Submittal. A Preliminary Landscaping Plan shall be submitted as required on the
Application Submittal Checklists prepared by the Director of Community Development.
B. Consistency with site plan and architectural plans. The Preliminary Landscaping Plan
shall be consistent with the site plan and architectural plans for the project.
C. Content. The Preliminary Landscaping Plan shall meet the intent of this Chapter by
exhibiting a generalized design layout which adequately demonstrates the desired
landscaping program in terms of location of proposed landscaping and hardscape, a
generalized plant palette with the location, size, and name of proposed plants and trees
(both common and botanical), fencing location and materials, and any additional
information as required by the Director of Community Development. The Preliminary
Landscaping Plan shall provide the Director of Community Development with a clear
understanding of the character, massing, and site compatibility of the landscaping
program, prior to the preparation of the Final Landscaping and Irrigation Plan.
8.72.030 Final Landscaping and Irrigation Plan. Where required by a condition of
approval of a permit, a Final Landscaping and Irrigation Plan shall be prepared
and submitted for approval by the Director of Community Development prior to
City of Dub/in Zoning Ordinance 72-1 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
applying for a Building Permit or a Grading Permit, whichever comes first. The
Final Landscaping and Irrigation Plan shall conform to the following:
A. General Standards.
1. Compatibility. Whenever possible, landscaping should complement existing
landscaping on neighboring properties to ensure compatibility.
2. Contents. The Final Landscaping and Irrigation Plan shall contain, but not be
limited to, the following:
a. Hardscape and fencing.
b. Irrigation Plan.
c. Location of all plants. All plants must be clearly labeled and numbered.
d. Other information. The plan shall include any other information deemed
necessary by the Director of Community Development.
e. Plant list. Both common and botanical.
f. Size. The sizes of all plans shall be shown.
g. Water elements.
3. Drought-Tolerant/Native Species. Landscape design and construction shall
emphasize drought-tolerant and/or native species whenever possible.
4. Existing Trees. Existing mature Bay, Cypress, Maple, Oak, Redwood, and
Sycamore trees shall be preserved in non-residential zoning districts if they are
over 24 inches in diameter measured 4 feet 6 inches above natural grade.
However, trees meeting the above criteria may be removed on a limited basis with
the permission of the Director upon submittal of an Arborist's report which
determines that the tree is in poor health and not likely to survive; if the trees
constitute a high fire hazard or a threat to persons, structures, or property; or, if
they impede public works projects. Trees to be removed shall be shown on the
Final Landscaping and Irrigation Plan and detailed on a tree inventory chart on
that plan.
~. Group Plantings. Tree and shrub plantings should be grouped together in order
to create strong unified character.
City of Dub/in Zoning Ordinance 72-2 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
6. Groundcover. Groundcover shall be spaced to achieve 100% coverage within
three years.
7. Harmony. Landscape designs shall be in harmony with the surrounding
environment.
8. Inorganic Groundcover or Bark. When inorganic groundcover or bark is used,
it shall be in combination with live plants and shall be limited to an accent feature
or mulch.
9. Installation. Trees shall be installed in conformity with City of Dublin Standard
Plans.
10. Irrigation System. All commercial, industrial, and multi-family landscaping
shall have an automatic irrigation system.
11. Landscape Architect. Landscaping Plans shall be prepared by a landscape
architect registered to practice in the State of California for all projects proposing
5,000 square feet or more of landscaping, unless waived by the Director of
Community Development.
12. Landscaped Building Edges. An attractive landscape edge should be established
at the base of buildings. Avoid paved edges at the base of structures as much as
possible.
13. Landscaping Required. Landscaping shall be installed pursuant to this Chapter
for all single family residences between the public right-of--way and the residence
and for all multi-family, commercial, industrial and public developments.
14. Maturity. Landscaping should be sized so that it has a mature appearance and
fills in its location on the plan within six years of planting.
15. Mow Strips. Concrete mow strips are required to separate all turf areas from
other landscaped areas for all non-residential developments.
16. Overall Design. Landscaping and open spaces shall be designed as an integral
part of the overall site plan design. Landscaping and open spaces shall enhance
the building design, enhance public views and spaces, provide buffers and
transitions, and provide screening.
17. Property Rights of Adjacent Property Owners. Trees and shrubs should be
planted so that at maturity they do not damage adjacent property, block views of
City of Dub/in Zoning Ordinance 72-3 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
or sunlight to adjacent property owners, or otherwise limit the use of their
property.
18. Service Lines. Trees and shrubs shall be planted so that at maturity they do not
interfere with service lines, aqueducts, or conduits.
19. Signage Visibility. Trees shall be planted so that at maturity they provide visual
access to signage in commercially zoned areas. This can be accomplished by
planting to provide "view corridors", by using low-growing trees, trees with high
canopies, or trees with more transparent canopies.
20. Size Of Plant Materials. The sizes of plant materials selected shall be limited to
those which have the best chance of survival for a minimum of three years. The
use of specimen trees is encouraged in certain situations when the survival of that
tree can be assured.
21. Streetscape Planting. Streetscape planting shall occur along all freeways and six
lane and eight lane arterials in order to define and separate development projects.
Streetscape planting shall be compatible with that of nearby development projects.
This landscaping shall be compatible with screening requirements set forth in
Section 8.72.030.B, Screening Requirements, and in Section 8.76.070.A.19, and
8.76.070.B.6, Off-Street Parking and Loading Standards.
22. Street Tree Species. Street tree species shall conform with City of Dublin
Standard Plans.
23. Survival. All trees installed shall survive for a minimum of one year and all
shrubs installed shall survive for a minimum of three years from the date of final
approval of the building permit of the last unit of a development. All dead plants
shall be replaced with like species during those intervals.
24. Traffic Visibility Area. No fence, wall, hedge, sign or other structure, shrubbery,
mounds of earth, or other visual obstruction over 30 inches in height above the
nearest street curb elevation shall be erected, placed, planted, or allowed to grow
within a Traffic Visibility Area. The foregoing provision shall not apply to public
utility poles; trees trimmed (to the trunk) to a line at least 6 feet above the level of
the intersection; saplings or plant species of open growth habits and not planted in
the form of a hedge, which are so planted and trimmed as to leave at all seasons a
clear and unobstructed crossview; supporting members of appurtenances to
permanent structures existing on the date this Chapter becomes effective; and
official warning signs or signals.
City of Dub/in Zoning Ordinance 72-4 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
25. Tree Damage To Improvements. Trees planted near sidewalks, bicycle paths,
curbs, gutters, and similar improvements shall be of a species and installed in a
manner (such as with root guards or root barriers) which prevents physical
damage to those improvements.
26 Tree Standards. Trees planted in the public right-of--way should be long-lived
(minimum life expectancy of 60 years), clean, require little maintenance, be
structurally strong, insect and disease resistant, and require little pruning.
27. Utility Areas. Utility areas shall be screened from roadways and walkways with
landscaping.
28. Wall Plantings. Walls 6 feet or higher shall be planted with vines and shrubs to
provide shadow and patterns, and to discourage graffiti. Trellises are encouraged.
29. Walkways. A system of walkways independent of driveways shall provide safe
pedestrian access from public rights-of--way to every dwelling unit and to all
commonly used open spaces. Walkways shall have a minimum width of 4 feet.
B. Screening Requirements.
1. Requirement. Every new development shall provide sufficient screening along
side and rear lot lines so that neighboring properties are effectively shielded from
any adverse visual impacts of that development or so that the new developing use
shields itself from existing potential visual impacts from uses already in
operation.
2. Screening Requirements Table. Table 72-1 sets forth the type of screening
method required between various uses in order to provide a mechanism to buffer
potential negative visual impacts. To determine the type of screening required
(Type A, B, or C), find the use in the "Developing Use" column which is similar
to the proposed use to be developed and follow that line across the page to its
intersection with the type of use(s) that adjoins the property to be developed. For
each intersecting square that contains a letter, the developer is required to install
the level of screening indicated.
3. Types Of Screening. The three basic types of screens that are required by Table
72-1 are as follows:
a. Opaque Screen, Type A. A screen that is opaque from the ground to a
height of at least six feet, with intermittent visual obstruction (trees or
large plants) from the opaque portion to a height of at least 20 feet. An
opaque screen may be composed of a wall, fence, or densely planted
City of Dub/in Zoning Ordinance 72-5 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
vegetation. Compliance of planted vegetative screens will be judged on
the basis of the average mature height and density of foliage of the subject
species, or field observation of existing vegetation. The opaque portion of
the screen must be opaque in all seasons of the year. At maturity, the
portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than 10 feet wide. Suggested
planting patterns are shown in Figure 72-1.
b. Semi-Opaque Screen, Type B. A screen that is opaque from the ground
to a height of 3 feet, with intermittent visual obstruction (trees or large
plants) from above the opaque portion to a height of at least 20 feet. The
semi-opaque screen is intended to partially block visual contact between
uses and to create a strong impression of the separation of spaces. The
semi-opaque screen may be composed of a wall, fence, landscaped earth
berm, or planted vegetation. Compliance of planted vegetative screens
will be judged on the basis of the average mature height and density of
foliage of the subject species, or field observation of existing vegetation.
At maturity, the portion of intermittent visual obstructions should not
contain any completely unobstructed openings more than 15 feet wide.
Suggested planting patterns are shown in Figure 72-1.
c. Broken Screen, Type C. A screen composed of intermittent visual
obstructions from the ground to a height of at least 20 feet. The broken
screen is intended to create the impression of a separation of spaces
without necessarily eliminating visual contact between the spaces. It may
be composed of a wall, fence, landscaped earth berm, planted vegetation
or existing vegetation. Compliance of planted vegetative screens or
natural vegetation will be judged on the basis of the average mature height
and density of foliage of the subject species, or field observation of
existing vegetation. The screen may contain deciduous plants. Suggested
planting patterns are shown in Figure 72-1.
d. Interpretation. The screening requirements set forth in this section may
be interpreted with some flexibility by the Director of Community
Development in the enforcement of standards. It is recognized that
because of the wide variety of types of developments and the relationships
between them, it is neither possible nor prudent to establish inflexible
screening requirements. Therefore, minor deviations may be granted to
allow less intensive screening, or requirements for more intensive
screening may be imposed, whenever such deviations are more likely to
satisfy the intent of this Section.
City of Dub/in Zoning Ordinance 72-6 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
4. Separation of Zoning Districts. Where the side or rear yard of a use in a
commercial or industrial zoning district abuts a residential zoning district, those
side or rear yards shall be screened from uses in that residential zoning district
with an Opaque Screen, Type A.
5. Separation of Non-Conforming Uses. whenever a residential lot is occupied by
a non-conforming commercial or industrial use, the side and rear yards shall be
screened with an Opaque Screen, Type A.
City of Dub/in Zoning Ordinance 72-7 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
TABLE 72-1
SCREENING REQUIREMENTS
AD.IACENT EXISTING OR PERMITTED USE
DEVELOPING USE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1~ 16 17 18 19 20 21
1 One and two family
residences
2 Multi-family residences A C C A B A C C A A A A A A B A B B A A A
3 Mobile/Manufactured B B C A B A C C A A A A A A B A B B A A A
home subdivision
4 Communiry Gaze facility A A A A A A A A A A A A A A A
(Small)
5 Communiry caze facility A B B A C B C C A C A A A A A A B A A C A
(Large)
6 All office use including A B B A A C A
medical
7 Community clubhouse A A A A A B A A A
8 Community facilities A A A A A B A C C B B
(totally enclosed within a
structure)
9 Community facilities (not A A A A A A A A A A A A C A
totally enclosed within a
structure)
10 Hospital/Medical center B B B B B C A A C
over 10.000 sq. R.
11 Auto rentals, repairs, A A A A A A A A A A B A A A B B B
sales. service, storage,
service station
12 Commercial pazking A A A A A A A A A A A A A A B B B
lot/garage, vehicle storage,
auction vazd
13 Day Gaze center A A A A A A A A A A A A A A A A A A A A A
14 Eating and drinking A A A A A C A C A C C A C C
establishment
15 Hotel/Motel A A A A A C A C B C C A C C A C C
16 Equipment/storage/ A A A A A A A A A A A A A A A A A A A A
salvage/impound yard
17 Recreational facility A A B B B C C C C C A
l8 Retail saes A A A A A C B B B A A
19 Recycling facility A A A A A A A A A A A A A A A A A A A A
20 Manufacturing A A A A A A B A A A C C A A A B
(substantially indoors)
21 Manufacturing A A A A A A A A A A A A
(substantially outdoors)
City of Dub/in Zoning Ordinance 72-8 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
Figure 72-1
TYPE A
TYPICAL OPAQUE SCREEN
TYPE B
• TYPICAL SEMI-0PAQUE SCREEN
TYPE C
TYPICAL BROKEN SCREEN
Srruu mas damatl 3(''
M Otrriet.
6' nrpn er.rpr.en
V ~'~ ~ racrwmn~
~, anruDDery
planbp L pn
fur! ~ y~~ Dour.
~~CX~~, iI. ~ F( rsme:.
.~
6' lupn nawoDO once.
~
\ ~~ - ~
1
i iall waryre~n
DeK. sLppar
DlanbC, ~/Rn
DnnCMi
t ~ 1a+~+O Lw
\_f !/ I ~~ 7nrm4
Small D.e,
pansD 30' on
~ ~.
~ ~:
a• Mqn non.
wrall.
~~~ sm.ll D... oure.o
M ~I. On OmM Dn IpD
.e~ or a Dann.
~ n z, a• oryn...o.e
eartn wrm.
Lary. aw.
Wr+se ao' on
• ~.
~yYs7Sr'". .,y r~• ~-Y". nwo. meuee.rv
~" ~ ~ purroa 3' on
vmK.
~///~'~\~\ ~ ` /_ T SnYll DKf DYmeO 70
.4-.
', •• , • Smau D.a w.mea ~'
- Dn grrbl.
e r
S
anee.
Wn o
1~
C ~
r ~ Large mes
N, panuC a0' on
•
~
f:
.x,,.:.,.. -
• ,x nmer.
. .
, n:.ort.a cnrubDery
City of Dub/in Zoning Ordinance 72-9 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
C. Setback And Parkway Treatment Standards.
1. Compatibility. Provide a design to ensure compatibility with established
parkways, including a sensitive transition between diverse landscape types and
patterns, and/or public and private property.
2. High Level Of Development Quality. Setback and parkway areas shall be
properly designed and landscaped in order to establish a high level of
development quality while providing for neighborhood identity where
appropriate. The design shall utilize street tree plantings with complementary
landscape materials.
3. Mounding And Berms. Incorporate mounding and berms where appropriate,
with landscaped slopes not exceeding a 3:1 ratio, or three feet in height.
D. Corner Treatment Standards. New developments involving corner lots shall
incorporate corner treatment standards as follows:
1. Commercial developments. Corners in commercial developments shall be
landscaped. Landscaping should incorporate significant landscape and water
features, including specimen trees, coordination with wall breaks or openings, and
special "city entry" image treatment whenever appropriate. Maintenance will not
be provided by the City. The design shall ensure that any corner landscape plan
conforms with the Traffic Visibility Area requirements of this Chapter to protect
public safety.
2. Residential developments. Corners at intersections in residential developments
where both streets have a design ADT (Average Daily Traffic) of 4,000 or more
shall be landscaped. Maintenance will not be provided by the City. The design
shall ensure that any corner landscape plan conform with the Traffic Visibility
Area requirements of this Chapter to protect public safety.
8.72.040 Installation Of Landscaping. All landscaping shall be healthy and viable at
installation, and shall be properly installed and irrigated prior to issuance of a
Final Building Permit.
8.72.050 Maintenance Of Landscaping. Landscaping shall be maintained as follows:
A. Maintenance. Maintenance of approved landscaping shall consist of regular watering,
mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement
of dead plants, and the repair and replacement of irrigation systems and integrated
architectural features.
City of Dub/in Zoning Ordinance 72-10 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
B. Standard Plant Material, Irrigation System and Maintenance Agreement. Prior to
the issuance of a Final Building Permit for all non-residential development projects, the
developer shall file a signed copy of a Standard Plant Material, Irrigation System and
Maintenance Agreement with the Director of Community Development. The agreement
shall address plant installation, replacement, irrigation, maintenance, and irrigation
system installation.
8.72.060 Tree removaVreplacement. Where the majority of trees in a parking lot (or
proposed parking lot) in amulti-family, commercial, office, or industrial
development area are proposed to be removed for any reason or for the purpose of
increasing visibility for signage, that removal or replacement shall be pursuant to
Site Development Review. Removal of trees in phases shall not relieve the
property owner of this obligation.
8.72.070 Conformity With Water Efficient Landscape Regulations. All landscaping
shall conform to the requirements of the Water Efficient Landscape Regulations.
8.72.080 Fencing, Walls, and Hedges. Fencing and walls constructed, and hedges
planted, according to Section 8.72.030.B, Screening Requirements, when required
by a condition of approval, when required by the Municipal Code, or when built
by a property owner shall be constructed as follows:
A. Fence, Wall, and Hedge height requirements (see Figure 72-2).
1. Agricultural and Residential Zoning Districts.
AREA MAXIMUM PERMITTED HEIGHT
a Front Yazd. 4 feet
b. Side Yard. 6 feet
c. Street Side Yard. 6 feet
d Rear Yard. 6 feet
e. Traffic Visibility Area. 2 feet 6 inches
f. Outside of required yard. 8 feet
AREA MINIMUM PERMITTED HEIGHT
g. Exterior wall of residential development 6 feet
h. Abutting anon-residential zoning district. 6 feet
City of Dub/in Zoning Ordinance 72-1 1 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
2. Commercial and Industrial Zoning Districts.
AREA MAXIMUM PERMITTED HEIGHT
a Front Yard. 4 feet
b. Side Yard. 8 feet
c. Street Side Yard. 8 feet
d Rear Yard. 8 feet
e. Traffic Visibilit}~ Area. 2 feet 6 inches
f. Outside of required yard. 8 feet
AREA MINIMUM PERMITTED HEIGHT
a. Abutting a residential zoning district. 6 feet
h. Outdoor storage areas visible
from public right-of--way 10 feet (Commercial)
(located behind required yards). ~ 12 feet (Industrial)
FIGURE 72-2
Fence, Wall and Hedge Height Requirements
PROPERTY LINE
i------REAR ---- -I I-----REAR -- ----I
I YARD ~ I .YARD
I 16' Maximum ( I Y
I I Height I I
I 4' Maximum
( w
~
I U'
I Height I
I DWELLING i _ _ _ _ _ _ i ~ DWELLING I
i i 2 1 /2'~. Max. I
I
Height ,~
I
FRONT FRONT
YARD
YARD <\
~
~
„
~ /
SIDEWALK SIDE\NALK
I
'~
STREET ~
TRAFFIC VISIBLITY 30
APEA-
w
w
~-
30'
City of Dub/in Zoning Ordinance 72-12 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
B. Exceptions to fencing, walls, and hedges requirements.
1. Buildings abutting property lines. Fencing is not required along any lot line
where a building wall at least 6 feet high is immediately adjacent to the lot line.
2. Site Development Review. A fence or wall may have a height of up to 12 feet
where permitted by a Site Development Review.
3. Lattice Screen. A fence or wall in a Side Yard, Street Side Yazd, or Back Yard
in a residential zoning district may be extended an additional 2 feet (8 feet total
height) through the use of a framed wooden lattice capable of admitting not less
than 50% light. Solid Plexiglas inserts aze not permitted.
4. Location adjustment. Where property line fencing is required, acid where the
Director of Community Development determines that all requirements of this
Ordinance will be met, the location may be adjusted so the fencing may be
constructed at or within the setback line, provided the areas between the fence and
the property lines are landscaped or retained in natural vegetation.
5. Modification/Waiver. The fencing requirements of this Section may be modified
or waived by the Director of Community Development if he/she determines that
specific chazacteristics of the site or site vicinity would make required fencing
unnecessary or ineffective.
6. Municipal Code. Where a different height or location is required by the
Municipal Code.
C. Measurement of height. The height of a fence, wall, or hedge shall be measured upward
from the finished ground level beneath it except as otherwise provided in Section
8.72.030.A.24, Traffic Visibility Area. Where a fence is being built upon a retaining
wall, the height shall be measured from the highest adjacent finished ground level.
D. Fence/wall design standards for residential, commercial, or industrial developments.
1. Articulation. All exterior fences/walls azound developments and abutting public
rights-of--way shall have articulated planes by providing a 24-inch by 8-foot long
landscaped recession for every 50 feet of continuous wall.
2. Caps base. All exterior fences/walls around developments and abutting public
rights-of--way shall have a cap designed along the top and a base designed along
the bottom that provide an attractive visual top and foundation for the fence/wall.
City of Dub/in Zoning Ordinance 72-13 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
3. Materials and finish. Materials and finish shall be continuous and uniform
within a given fence/wall. The finish shall be equally attractive on both sides of a
fence/wall. Where walls of different materials or finish are adjacent to each other,
the fence/wall being installed should integrate a transition to the existing
fence/wall.
4. One type of fence/wall design. Only one type of exterior and one type of interior
fence/wall design shall be permitted on any development site unless allowed by a
discretionary permit.
5. Pilasters. Walls shall be constructed with pilasters provided at every change in
direction, every 5 feet difference in elevation and at a frequency to the satisfaction
of the Director of Public Works. Each pilaster shall be capped with a decorative
feature.
E. Prohibited fence materials.
The use of barbed wire, electrified fence, or razor wire fence in conjunction with any
fence, wall, or hedge, or by itself within any zoning district, is prohibited unless
permitted by a Conditional Use Permit, or required by a law or regulation of the City, the
State, or the Federal Government.
F. Chain link fencing.
Vinyl-coated Chain link fencing is permitted as follows:
C-2, M-P, M-1 and M-2 zoning districts. Chain link fencing is permitted along
a Side Lot Line if behind the Front Yard setback and along a Rear Lot Line, in the
C-2, M-P, M-1 and M-2 zoning districts, if planted with vegetation of sufficient
density and height to screen the fence from adjacent parcels and public areas. The
vegetation screening the fence shall be maintained in such a manner that the entire
fence is completely opaque. The use of slats instead of vegetation is not
permitted.
2. Construction sites/vacant properties. A 6 foot high chain link fence (not vinyl
coated) may be located around a construction site or vacant property but shall be
removed from locations where not permitted at the time of occupancy.
3. Tennis courts, swimming pools, playgrounds. Chain link fencing may be used
to enclose tennis courts, swimming pools, playgrounds.
City of Dub/in Zoning Ordinance 72-14 September, 1997
LANDSCAPING AND FENCING REGULATIONS
Chapter 8.72
4. Conditional Use Permit/other laws or regulations. Chain link fencing may be
permitted pursuant to a Conditional Use Permit, or if required by a law or
regulation of the City, the State, or the Federal Government.
City of Dub/in Zoning Ordinance 72-15 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
CHAPTER 8.76 OFF-STREET PARHING AND LOADING
REGULATIONS
8.76.010 Purpose and Intent. The purpose and intent of the requirements for off-street
parking established by this Chapter are to minimize traffic congestion and hazards
to motorists and pedestrians, to provide safe, attractive, and convenient off-street
parking facilities with vehicular access to all land uses, to provide off-street parking
in proportion to the needs generated by varying land uses, to ensure access to
projects by emergency response vehicles, and to ensure that parking areas are
compatible with the surrounding land uses.
8.76.020 Applicability. Every use hereafter commenced, and every building or structure
hereafter erected or altered, shall have permanently maintained off-street parking
facilities and vehicular loading spaces, as required by the provisions of this
Chapter.
8.76.030 Maintenance. It shall be unlawful for any person, owning, leasing or controlling a
building or structure to fail, neglect or refuse to provide and maintain adequate
parking facilities as hereinafter provided.
8.76.040 General Regulations.
A. Changes in Use. When an existing use is enlarged, increased or intensified, or a new use
having a greater parking requirement than the previous use is proposed, the required
number of parking spaces for the new use or existing, enlarged, increased or intensified use
shall be calculated and provided as specified by Section 8.76.080.
B. Continuing Obligation. The maintenance of the parking and loading spaces required
shall be a continuing obligation of the owner of the property upon which the building or
structure is located as long as the building or structure exists and the use requiring such
space continues. It shall be unlawful for an owner of a building or structure affected by
these requirements to discontinue, change or dispense with or to cause the discontinuance,
sale or transfer of such building or structure, without establishing alternative spaces which
conform to those requirements; or for any person, firm, or corporation to use such building
or structure without providing such required parking or loading spaces, in compliance with
these regulations.
C. Cross Access Encouraged. Applicants for commercial and industrial developments
should be encouraged to provide cross-access to adjacent non-residential properties for
convenience, safety and efficient circulation of motor vehicles. A Mutual Access
Agreement shall be executed where cross-access is provided.
City of Dub/in Zoning Ordinance 76-1 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
D. Gross Floor Area. The computation of the number of parking spaces required for a
structure or use is based on the gross floor area of the structure or use the parking serves.
E. Guest Parking. Required guest parking in residential zoning districts shall be so
designated and restricted for the use of guests.
F. Maintenance. All parking and storage azeas shall be maintained so that the pavement is
structurally sound, clean and free of dust, mud or trash and striped to City standazds. All
pavement repair, striping, reconstruction, or restoration work shall be done in accordance
with City standards.
G. Multiple-Use Projects. Where a project contains more than one use type (and typically
multiple tenant spaces) such as offices, restaurants, and retail sales, the amount of parking
to be provided shall be the total of that required by Section 8.76.080, Parking
Requirements by Use Type, for each use type, except as otherwise provided by Section
8.76.050 below, Adjustment to the Number of Parking Spaces.
H. New Buildings or Development Projects Without Known Tenants. If the type of
tenants that will occupy anon-residential building are not known at the time of the
development entitlement or building permit approval, the amount of pazking to be provided
shall be the minimum number of parking spaces required by Section 8.76.080 for a mix of
use types typical of comparable buildings or development projects in that zoning district as
determined by the Director of Community Development. The intent of this section is to
ensure sufficient pazking by anticipating a typical use type mix which is appropriate to the
design and nature of the building or development project.
I. No Double Counting of Parking and Loading Spaces. No area may be utilized and
counted both as a required parking space and a required loading space.
J. Off-Street Parking and Loading Plan Required. All uses which require a building
permit, site development review or conditional use permit shall be accompanied by an Off-
Street Pazking and Loading Plan (which may be included in the Site Plan for those permits)
unless waived by the Director. The contents of the Off-Street Parking and Loading Plan
shall be to the satisfaction of the Director of Community Development. The Off-Street
Parking and Loading Plan may be incorporated into the Site Plan for the Site Development
Review or Conditional Use Permit. No building permit, site development review or
conditional use permit will be approved unless its Off-Street Parking and Loading Plan
complies with the requirements of this Chapter.
K. Rounding. Where the number of required parking spaces results in a fraction of 0.50 or
higher, the requirements shall be rounded up to the next whole space.
City of Dub/in Zoning Ordinance 76-2 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
L. Tenant Spaces With Accessory Storage. When a tenant has enclosed accessory storage
in excess of 2,000 square feet, the required parking for that portion of the tenant space
dedicated to storage shall be calculated as specified by Section 8.76.080 for the
Warehousing and Distribution use type which is one parking space per 1,000 square feet of
warehousing area. The required parking for the remainder of the tenant space shall be
calculated as specified in Section 8.76.080 for the primary use.
M. Tenant Space With Multiple Functions.
1. Large tenant space. When a large tenant space (as determined by the Director of
Community Development) contains several use types, such as an office,
manufacturing, and a cafeteria, the amount of parking to be provided shall be the
total of that required by Section 8.76.080 for each Use Tune, except as otherwise
provided by Section 8.76.050 below, Adjustment to the Number of Parking Spaces.
2. Small tenant space. When a small tenant space (as determined by the Director of
Community Development) contains several use types, the amount of parking to be
provided for the tenant space shall be calculated as specified by Section 8.76.080
for the primary Use Tyne, except as otherwise provided by Section 8.76.050 below,
Adjustment to Number of Required Parking Spaces, for the entire gross floor area
of the tenant space.
N. Use. The word "use" shall mean both type and intensity of the use, and that a change in
use shall be subject to all of the requirements of this Chapter.
O. Uses Not Listed. Requirements for uses not specifically listed herein shall be determined
by the Director of Community Development, based upon the requirements for comparable
uses and upon the particular characteristics of the use. Additional parking for specific uses
may also be required upon determination by the Director of Community Development and
the Planning Commission.
8.76.050 Adjustment to the Number of Parking Spaces
A. Compact Car Space Substitution. Parking lots with 20 or more spaces may substitute
compact car spaces for up to 35 percent of the total spaces required. Each compact space
shall be labeled "Compact" or "C".
B. Motorcycle Space Substitution. Parking lots with 40 or more spaces may replace regular
spaces with motorcycle spaces. One regular space may be replaced for each 40 required
spaces. Motorcycle spaces shall be a minimum size of 3 by 6 feet.
City of Dub/in Zoning Didinance 76-3 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
C. Off-Site Parking. Where required parking for a use type cannot be feasibly provided on
the same site as an approved use, the Zoning Administrator may allow the required parking
to be located on an adjacent pazcel pursuant to a Conditional Use Permit subject to all of
the following requirements:
Conditional Use Permit Findings can be made.
2. The most distant parking space from anon-residential use type is not more than 400
feet from the use and the most distant parking space from a residential use type is
not more than 150 feet from the use.
3. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Director of Community Development are executed to
assure that the required parking spaces are provided to the principal use for the life
of the documents, covenants, deed restrictions, or other agreements.
4. The parking lot site is not located in a residential zone unless the principal use
requiring the parking is also allowed in a residential zone.
5. The parking lot site is not within a road easement or private street.
D. Parking Exception. The Director of Community Development may grant a Parking
Exception of up to 10% of the required parking spaces when necessary due to unusual
design situations. A study shall be prepared by a traffic engineer addressing the request for
a Parking Exception. Any approval of a Parking Exception shall be subject to the approval
of that study by the Community Development Director.
E. Parking Reductions For An Individual Use. When a reduction ofoff-street parking is
proposed because an applicant for a proposed use believes the number of parking spaces
required for their use as specified in Section 8.76.080 is not applicable, because the use
would function differently than the generic use type and associated parking standards
established in this Chapter, the Zoning Administrator may grant a reduction in off-street
parking requirements pursuant to Chapter 8.100, Conditional Use Permit, if:
1. Conditional Use Permit Findings can be made.
2. The Applicant submits a parking study prepared by a qualified consultant analyzing
the parking demands of the proposed use and the parking demands of similaz uses
in similar situations, demonstrating that the required parking standards are
excessive, and proposing alternate parking standards which are appropriate and
ensure that there will not be a pazking deficiency.
3. Overflow parking will not impact any adjacent use.
City of Dub/in Zoning Ordinance 76-4 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
F. Parking Reductions For Shared Parking. When shared off-street pazking is proposed
between two or more adjacent use types, the Zoning Administrator may grant a reduction
in off-street parking requirements (from the sum of the pazking required by each use type)
in compliance with Chapter 8.100, Conditional Use Permit. Reductions for shazed parking
may be granted if a report by a registered traffic engineer shows that requirements 1-4
below aze met and if requirement 5 is met:
The Conditional Use Permit findings can be made.
2. A sufficient number of spaces is provided to meet the greatest pazking demands of
the participating use types and to ensure that there will not be a parking deficiency.
3. Satisfactory evidence is provided that the use types, by their natures and operating
times, will not conflict with each other.
4. Overflow parking will not adversely affect any adjacent use.
5. Additional documents, covenants, deed restrictions, or other agreements as may be
deemed necessary by the Zoning Administrator aze executed to assure that the
required parking spaces provided are maintained and that uses with similaz hours
and parking requirements as those uses sharing the pazking facilities remain for the
life of the documents, covenants, deed restrictions, or other agreements.
G. Parking Variance. Except as otherwise provided in this Chapter, a Variance shall be
obtained to allow deviations from provisions of this Chapter which govern Parking
Requirements by Use Type (Section 8.76.080), and Loading Requirements (Section
8.76.090). A parking variance shall be processed in accordance with Chapter 8.112,
Variance.
8.76.060 Special Regulations
A. Accessibility and Usability. All required off-street pazking spaces shall be designed,
located, constructed and maintained so as to be fully and independently usable and
accessible at all times, except when the closure of such parking azeas is authorized for the
securing of the property in question or for public safety purposes. The usability of required
pazking spaces shall be maintained as follows:
Required off-street parking spaces and driveways shall not be used for any purpose
that at any time would preclude the parking or maneuvering of motor vehicles.
2. No owner or tenant shall lease, rent, or otherwise make a parking space required by
this Chapter unavailable to the intended users of the parking space.
City of Dub/in Zoning Ordinance 76-5 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
B. Commercial Vehicles. The parking of a Commercial Vehicle in any Residential zoning
district (on or off-street) for a period of 2 hours or greater in any 24 hour period, or the
pazking of two or more commercial vehicles (on or off-street) at any one time in the
immediate vicinity, is prohibited, except for the purpose of loading or unloading property
therefrom, or in connection with the performance of a service to or on property in the
immediate vicinity.
C. Company Vehicles.
1. Commercial or industrial districts. Uses in commercial or industrial zoning
districts shall provide one pazking space, in addition to those required by this
Chapter, for each company vehicle which is parked on the site during normal
business hours. The space may be located within a building.
2. Residential districts. Company vehicles including repair vans, trucks, panel vans
and similaz vehicles may not be pazked in residential zoning districts except for one
truck, van, or automobile only which is no lazger than 3/4 ton as permitted by this
Title under Chapter 8.64, Home Occupations.
D. Disabled Accessible Parking. Pazking lots shall include the number of disabled
accessible pazking spaces as required by Title 24 of the California Code of Regulations.
Such spaces shall be designed as required by Section 8.76.070.A.8, Disabled Accessible
Parking. Disabled spaces count towazd the total number of pazking spaces required by
Section 8.76.080, Parking Regulations by Use Type.
E. Recreational Vehicle parking in residential areas. One Recreational Vehicle (RV) as
defined in this Title may be parked on a driveway, or paved area between the driveway and
the nearest Side Lot Line subject to the following requirements:
1. The RV plus any accessories shall not encroach to within one foot of the public
right-of--way.
2. Paving. The area between the driveway and the nearest Side Lot Line used for RV
parking shall be paved with anall-weather surface to the satisfaction of the Director
of Community Development.
3. Curb Cut. A curb cut may be considered by the Director of Public Works for an
RV parking space permitted pursuant to this Section.
4. Alternate location. In unusual situations where there is insufficient room between
the driveway and the nearest Side Lot Line to park an RV, the Director of
Community Development may permit paved parking for that purpose in an
alternate location.
City of Dub/in Zoning Ordinance 76-6 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
5. Ownership. An RV parked as required in this Section, shall be owned by and
registered to the occupant of the premises upon which it is parked or stored.
6. Parking in Side ,Street Side Yard, and Rear Yard. RV's may be parked in a
Side Yard, Street Side Yard, Rear Yard, or area behind the residence but not in the
Rear Yard if screened by a 6 foot high fence.
7. Prohibited parking.
a. Living or sleeping in vehicle parked upon any public right-of--way. At
no time shall a motorhome, recreational vehicle, mobilehome or similar
vehicle as determined by the Director of Community Development, parked
upon any public right-of--way in any zoning district be occupied for living or
sleeping purposes.
b. Living or sleeping in vehicle parked or stored on a lot. At no time shall
a motorhome, recreational vehicle, utility trailer, mounted or un-mounted
camper top, boat or other similar vehicle as determined by the Director of
Community Development parked or stored on a lot be occupied for living,
sleeping, or any other purposes except as legally allowed in a bonafide
trailer park, mobilehome park, or recreational vehicle park.
F. Parking of unlicensed or non-operational vehicles prohibited. No unlicensed or non-
operational vehicle shall be parked or stored in a front setback area in front of a residence
but behind the front setback, street side setback in front of a fence, or on a driveway.
G. Repair, dismantling or painting of parked vehicle. No vehicle shall be parked in the
Front Setback, area in front of a residence but behind the Front Setback, Street Side
Setback in front of a fence, a Side Setback visible from the street, or driveway for the
purpose of repair, dismantling or painting. Repair shall mean brake repair, engine or
transmission repair or replacement, the replacement of parts under the hood of a vehicle
(with the exception of fluids, batteries, and filters), and the replacement of parts under the
vehicle.
H. Restriping of Parking Lots. Parking lots are periodically resurfaced and restriped. In
order to ensure that parking lots retain the same parking space sizes and locations, and the
same circulation locations and dimensions, all parking lots shall be restriped pursuant to a
Zoning Clearance.
I. Tandem Parking. The Zoning Administrator may approve anoff--street parking program
by means of a Conditional Use Permit utilizing limited tandem (front to back) parking for
commercial and industrial uses provided that the development requires 150 or more
parking spaces, with no more than a maximum of 10% of the total number of spaces being
City of Dub/in Zoning Ordinance 76-7 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
tandem. The Zoning Administrator may require that an attendant be on duty during normal
business hours.
8.76.070 Development Standards.
Off-street parking and loading spaces and circulation shown on an Off-Street Parking and
Loading Plan, and shown on a Site Plan required by Site Development Review shall
conform to the following development standards:
A. Off-Street Parking Development Standards.
1. Access. All parking areas shall provide suitable maneuvering room so that all
vehicles may enter an abutting street in a forward direction. The Director of Public
Works may approve exceptions for single-family homes and other residential
projects. No parking spaces shall be located so that a vehicle will maneuver within
20 feet of a vehicular entrance measured from the right-of--way.
2. Bicycle Racks. Parking lots with 20 or more spaces in all zoning districts shall
provide one bicycle rack for each 20 parking spaces. In multi-family residential
complexes, one bicycle storage space shall be provided within each residence or in
lockable containers if not within the individual residence. Bicycle racks shall be
designed to provide a minimum of four bicycle spaces in each rack, and so that a
bicycle can be secured to the rack. The location of the bicycle rack shall not
encroach into the sidewalk which would reduce the unencumbered width of the
sidewalk to less than four (4) feet. Bicycle racks shall be placed in a location where
they shall have adequate lighting and can be surveilled by the occupants.
3. Circulation Aisle Width Without Parking. The minimum width of a two-way
drive aisle with no parking on either side of the drive aisle is twenty (20) feet. The
minimum width of a one-way drive aisle with no parking on either side of the drive
aisle is twelve (12) feet.
4. Circulation Aisle for Emergency Access. The minimum width of a drive aisle
needed for an emergency response vehicle shall be twenty (20) feet.
5. Compact Parking Space Location. Compact parking spaces shall generally be
located in one or more continuous areas, and shall generally not be intermixed with
spaces designed for full-sized cars unless required by design problems.
6. Controlled Access Required. All parking spaces (including garage spaces)
required for any land use other than asingle-family or two-family dwelling shall be
designed and located to provide for vehicle maneuvering on the site so that vehicles
will enter any adjacent public right-of--way or private road in a forward direction.
All circulation systems shall be approved by the Director of Public Works.
City of Dub/in Zoning Ordinance 76-8 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
7. Dimensional Requirements.
a. Parking space sizes. Full-size parking spaces shall be 9 feet in width and
20 feet in length. Compact parking spaces shall be 8 feet uTide and 17 feet
in length. The length of parking spaces may be reduced by 2 feet if the
vehicles parked in them will overhang landscaping.
b. Perpendicular. Parking stalls shall be non-perpendicular whenever
possible.
c. Garages and carports. A minimum unobstructed inside dimension of 20
feet by 20 feet shall be maintained for a private two-car garage or carport.
The minimum unobstructed ceiling height shall be 7 feet, 6 inches. The
minimum garage door v~~idth for a private two-car garage shall be 18 feet.
The Director of Community Development can administratively reduce these
dimensions under unusual circumstances if the reduction is warranted by
unavoidable constraints in design. •- `-
d. Parking structures. Parking structures may be subject to dimensional
adjustments based on utilization (i.e., public or private garage with or
without an attendant), but in no case shall the stall width be less than 8 feet.
6 inches. Reductions in design standards shall be subject to approval by the
Director of Public Works.
e. Minimum parking dimensions.. Minimum parking dimensions shall be as
indicated in the following table as illustrated by Figure 76-1
OFF STREET I'.4RI:I!~G DIJ\1E7`S10NS
All values in rt. unless otherwise specified
'F.' it Decree _ >=
6 X C D A E X C_ __ r
_
90 8.0 i7.D i7.D 2iD. 6.0 55.D 45.D 8.0 17.0 12.D 16.0 11.3 40.0
90 9.0 2D.0 20.D 25.0 9.0 65.0 45.0 9.0 2D.0 14.1 to'.0 12.7 44.3
90 14.0 20.0 20.0 25.D 14.0 £5.0 45.0 14.0 2D.D 14.1 1'0.0 19.8 44.3
9D 1 i.0 20.0 20.0 25.0 i7.0 E5.0 45.D 17.0 20.0 14.1 10.0 24.0 44.3
BO B.0 i;.0 16.7 25.0 6.1 58.5 3D.0 8.0 17.D 6.5 1E.D 16.0 33.3
BO 9.0 20.D 19.7 25.0 9.1 04.4 30.0 5.0 20.0 10.0 10.0 16.0 30.0
SD 1<.0 2D.0 19.7 25.0 14.2 04.4 3D.0 14.0 20.D 10.0 16.0 2B.0 30.0
BO 17.0 20.0 19.7 25.0 17.3 64.4 30.D 17.0 2D.0 10.D 1c.0 34.0 36.D
7D 8.0 i7.D; 16.D:2D.0 6.5:51.9 20.0; 6.0! 17.D; 5.81 10.0 23.4 27.6
7D 9.0 2D.0 16.6 20.0 9.6 Si.6 .. ,20.0 9.0 20.0 0.8 16.0.26.3 25.7
70 14.0 2D.D 16.8 20.D 14.9 57.6. 20.0 14.0 20.D 6.6 16.D 40.9 25.7
70 i7.D 2D.0 18.8 20.D 18.1 a .0 - 2D.0 i7.0 2D.0 6.8 16.0 4c 7 20 7
6D 6.0 i7.D 14.7 19.0 9.2 464 D.0 B.D i7.0 0.0 20.0 23.D 2D.D
60 9.0 20.0 17.3 19.010.4 53.6 D.D 9.0 2D.0 D.0 2D.D 23.D 20.0
60 14.0 20.0 17.3 19.0 16.2 53.6 D.0 14.0. ZO.D 0.0 20.0 23.D 20.0
60 17.D 20.D i7.3 19.0 19.0 53.6 0.0 1i.D 20.0 0.0 20.0 23.0 2D.Di
Table 76-1
City of Dublin Zoning Ordinance 76-9 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
I
i
r
Figure 76-1
r
~"- C
PARKING STANDARDS
A. PARKING ANG'_
$. STALL N1DT,i
C. STALL DEPTH
D. AISLE WIDTH
E. CURS LENGTH PER CAR
~. EDGE TO EDGE N1DTH Or
DOU$L ROW AND A!5~ z.
X. STALL LENGTH
ANGLE 'A'
ACTUAL PARKING
,,-, STRIPE PATT'cRN
U~~
MEASUREMENT 'B'
8. Disabled Accessible Parking. The location and design of parking spaces
required for the disabled by Title 24 of the California Code of Regulations
shall be as follows. The number of disabled spaces required as shown on
Figure 76-2.
a. Location of spaces. Disabled parking spaces shall be located as
near as practical to a primary building entrance, and shall be located
so that a disabled person will not be required to pass behind other
parked vehicles in order to gain access to the building.
b. Number of Disabled Parking Spaces Required. The number of
disabled parking spaces required shall be as shown on Table 76-2.
c. Minimum space length. 20 feet.
d. Minimum space width. If only one disabled space is provided, it
shall be 17 feet v~~ide and outlined to provide arsine-foot parking
area and aneight-foot loading and unloading area. Where more than-
one space is provided, two spaces can be located within a 26-foot
wide area striped to provide a 9-foot parking area on each side of an
eight-foot loading and unloading area in the center.
City of Dublin Zoning Ordinance 76-10 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
e. Van disabled spaces. One van disabled space shall be provided for
every 8 automobile disabled spaces or fraction thereof. A van
disabled space shall have an eight foot wide loading and unloading
azea.
f. Fewer than 5 spaces. When fewer than 5 disabled spaces are
provided, at structures and uses subject to this Chapter, 1 space shall
be 14 feet wide and striped to provide a 9 foot wide parking area and
an 8 foot wide loading and unloading area. However, there is no
requirement that the space be reserved exclusively or identified for
disabled use only.
g. Fulfill off-street parking requirements. Disabled parking spaces
required by this Chapter shall count towazd fulfilling off-street
parking requirements.
h. Maximum space slope. The surface slope of disabled parking
spaces shall not exceed one-half percent (0.5%) in any direction.
i. Identification. Disabled parking spaces shall be striped and
provided with identification signing as set forth in Section 2-7102,
Title 24, California Code of Regulations.
j. Parking Structures. Entrances to, and areas within, pazking
structures shall have a minimum vertical clearance of eight feet, two
inches (8'2") where disabled parking spaces aze required.
k. Additional Requirements. The requirements for disabled site
development established by the State of California "Regulations for
the Accommodation of the Handicapped: including but not limited
to curbs, ramps, and landing requirements, shall apply in addition to
the provisions of this Section. Information on such requirements is
available from:
Office of the State Architect
Access Compliance Unit
1500th Street
Sacramento, CA 95814
Project applicants should be advised that the federal Americans with Disabilities
Act may impose requirements for disabled accessibility that are different from
those of the City of Dublin or the State of California.
City of Dub/in Zoning Ordinance 76-1 1 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
Total Number of Number of Automobile Number of Van
Parking Spaces on Accessible Disabled Accessible
Site Spaces Required Disabled Spaces
Required
1-25 1 1
25-50 2 1
~1-75 3 1
76-100 4 1
101-150 5 1
151-200 6 1
201-300 7 1
301-400 8 2
401-500 9 2
X01-.1,000 2% of total 3
1,001 and over 20 plus 1 for each 100, 1 van accessible
or fraction thereof over space per 8
1,001 automobile
accessible spaces
or fraction
thereof
F- Table 76-2
., ..
RAMP
Zo'
l fo~ I 1_ u~~ 1J
f ~~
I
., ..
Zo'
~~a
m~~
9' 8' 9'
I ~~ -
1
Figure 76-2
E-
City of Dub/in Zoning Ordinance 76-12 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
9. Drainage. All required off-street parking areas shall be so designed that
surface water will not drain over any sidewalk, or adjacent property.
10. Drive-Through Facilities. The following requirements apply to any use
with drive-through facilities:
a. Separation and Marking of Lanes. Drive-through aisles shall be a
minimum of twenty (20) feet wide unless otherwise approved by the
Director of Public Works and shall be separated from other
circulation aisles necessary for ingress or egress, or aisles providing
access to any parking space. Each such aisle shall be striped,
marked, or otherwise distinctly delineated.
b. Stacking Capacity for Food Services. The vehicle stacking
capacity of the drive-through facility and the design and location of
the ordering and pick-up facilities shall be approved in conjunction
with the Site Development Review. The amount of stacking
required is typically 180 feet from the pickup window and sixty (60)
feet from the order board. This stacking distance may be increased
or reduced by the Director of Public Works, based on the following
information provided by the applicant:
1. Nature of the product or service being offered;
2. How orders are processed and time required to serve a
typical customer;
3. Expected arrival rate of customers, peak demand hours and
anticipated vehicle stacking required;
4. The design of the site, the location of the parking in relation
to the drive-through, and the site circulation; and
5. Other studies or information required by the Director of
Public Works.
c. Stacking Capacity for Other Uses. Other similar operations, such
as "drive-through" car washes or automatic teller machines,
typically provide a minimum of 100 feet of stacking. The amount of
stacking will be established, increased, or decreased, by the same
means as in Section 8.76.070.A.10.b above.
City of Dub/in Zoning Ordinance 76-13 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
11. Driveways.
a. CommerciaUIndustrial/Multi-Family Residential. Driveways
providing ingress and egress to off=street pazking spaces shall be a
minimum width of 15 feet for aone-way driveway and 24 feet for a
two-way driveway.
b. Multi-Family Residential Driveways. Driveways in front of
gazages for individual multi-family residences shall be either greater
than 18 feet long or less than 5 feet long. Driveways serving
multiple residences shall be set back 10 feet from residential unit
walls.
c. Single Family ResidentiaUAttached Garage.
Driveways for an attached 2-caz gazage shall have a
minimum width of 16 feet and a minimum length of 20 feet
measured from the back of the sidewalk or apron to the front
of the garage.
2. Driveways for an attached 3-car garage shall have a
minimum width of 24 feet and a minimum length of 20 feet
measured from the back of the sidewalk or apron to the front
of the garage.
d. Single Family ResidentiaUDetached Garage.
1. Driveways for a detached 2-car garage shall be a minimum
width of 10 feet with a minimum 16 feet wide by 24 feet
deep back up area immediately adjacent to the garage door.
2. Driveways for a detached 3-caz gazage shall be a minimum
width of 10 feet with a minimum 24 feet wide by 24 feet
deep back up area immediately adjacent to the garage door.
12. Landscaping. A minimum of 15% of the net area of all surface parking
areas accommodating 6 or more vehicles or having an area greater than
1,800 square feet shall be landscaped as follows:
a. ~ Adjoining aright-of--way. Where parking areas adjoin a public
right-of--way, a landscaped planting strip shall be provided as
required by Section 8.76.070.A.19 Perimeter
Landscaping/Screening.
City of Dub/in Zoning Ordinance 76-14 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
b. Maximum height. Any planting, sign, or any other structure at
drive-aisle intersections shall not exceed 30 inches in height above
the street curb elevation in order to preserve adequate sight distance.
c. Pedestrian paths. Provisions shall be made to ensure that adequate
pedestrian paths are provided throughout the parking areas and
related landscaped areas. Pedestrian paths shall connect the public
sidewalks and parking areas to the building entrance in a safe
manner.
d. Tree spacing. At least one tree for every 4 spaces shall be included
in the development of the overall landscape program. The minimum
spacing between trees in parking areas shall be 40 feet; however,
appropriate clustering of trees may be permitted.
e. Permanence/Maintenance. All areas in a parking lot not used for
driveways, maneuvering areas, parking spaces, or walks, shall be
permanently landscaped with suitable materials and permanently
maintained, pursuant to a program submitted by the applicant and
approved by the Director of Community Development.
f. Landscape borders. All landscaped areas shall be bordered by a
concrete curb that is at least 6 inches high and 6 inches wide. Curbs
adjacent parking spaces must be 12 inches wide. All landscaped
areas shall be a minimum of 6 feet in width. Concrete mow strips at
least 6 inches deep and 4 inches wide shall be required to separate
turf areas from shrub areas.
g. Irrigation system. A permanent and automatic irrigation system
shall be installed and permanently maintained in all landscaped
areas. The system shall employ state-of--the-art water conservation
technology and recognize differing irrigation needs of various plant
materials and shall conform to the City's Water Efficient
Landscaping Ordinance.
h. Landscaping plan. Unless included in a Preliminary Landscaping
Plan required by Section 8.72.020, Landscaping and Fencing
Regulations, a landscaping plan shall be prepared for every parking
facility as part of the parking plan which shall provide for a variety
of plant materials, with an emphasis on drought tolerant species,
appropriate for the local environment and shall include a legend
showing common names, sizes, location, dimensions of planted area,
and percentage of parking lot landscaping.
City of Dub/in Zoning Ordinance 76-15 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
i. Landscape/Sidewalk Overhang. A vehicle may overhang
landscaping or sidewalks up to 2 feet provided that no vehicle shall
overhang a sidewalk which would reduce the unencumbered width
of a sidewalk to less than 4 feet. The length of parking spaces may
be reduced by 2 feet as permitted by Section 8.76.070.A.7.a, Parking
Space Sizes. Where vehicles overhang a planter between rows of
cars, the planter width shall be increased by 1 foot for each overhang
to assure space for vegetation. Vehicle overhang may not encroach
into yards where parking is prohibited.
j. Stepping stones. Stepping stones (or equivalent as approved by the
Director of Community Development) shall be provided through
landscaped areas which lie across natural pedestrian flow paths.
k. Visual access. Trees shall be planted to provide visual access to
wall signs in commercially zoned areas. This can be accomplished
by planting to provide "view corridors", by using low-growing trees,
or trees with more transparent canopies.
1. Tree removaUreplacement. Where the majority of trees in a
parking lot (or proposed parking lot) in anon-residential area are
proposed to be removed for aesthetic reasons or for the purpose of
increasing visibility for signage, that removal or replacement shall
be pursuant to Site Development Review. Removal of trees in
phases shall not relieve the applicant of this obligation.
m. Impacts to sidewalks/paving. Tree species shall be selected which
minimize lifting of sidewalks or pavement. Trees shall be planted
within "root barriers" and provided with proper irrigation to assure
deep root systems and a minimum of lifting of sidewalks and
pavement.
n. Driveway buffers. Driveways in multiple residential projects
located in the R-M zoning district shall be separated from living
quarters by a landscaped buffer to the satisfaction of the Director of
Community Development.
13. Lighting. Parking areas shall have lighting capable of providing adequate
illumination for security and safety. The minimum requirement is 1 foot
candle, maintained across the surface of the parking area. Lighting
standards shall be energy-efficient and in scale with the height and use of
the structure. Any illumination, including security lighting, shall be
directed away from adjoining properties and public rights-of--way.
City of Dub/in Zoning Ordinance 76-16 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
14. Location of Required Parking Spaces
a. Single family lot.
1. Principal residence. All parking spaces shall be located on
the same parcel as the residence they serve, unless provided
as a Residential Parking Lot by the Zoning Administrator
pursuant to a Conditional Use Permit. The most distant
parking space in a Residential Parking Lot shall be not more
than 150 feet from the residences they serve. Parking spaces
required by this Chapter shall be located within an enclosed
garage. A maximum of two vehicles (which shall include,
but not be limited to, an automobile, car, truck, or
Recreational Vehicle) may be parked in the Street Side Yard,
Side Yard, Rear Yard, and area behind the residence but not
in the Rear Yard, if screened by a 6 foot high fence or wall
and if all side yards-~e-unobstructed to the width of the
interior side setback. See Figure 76-3. Parking in a
driveway shall not compensate for required enclosed garage
parking.
1
w
w
a'
~--
~ - -2- - ~-
3a i RESIDENCE 41
13b
~ 6
I _
- . - I ~
b ba ~ 5b ~
STREET
1. Rear Yard
2. Area between Rear Yard
and rear of Residence.
3. Side Yard
a. Stre et Side Yard
b. Side Yard
4. Area between Side Yard
and side of Residence.
b. Front Yard
a. Front Yard =Driveway
b. Front yard = Area between
the driveway and the nearest
-' Side Lot Line_
-G. Area between Front Yard
and front of Residence.
Figure 76-3
City of Dublin Zoning Ordinance 76-17 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
2. Second Unit parking. Parking for a Second Unit may be
located in the Side Setback if specifically permitted by a
Conditional Use Permit approved by the Zoning
Administrator. The Conditional Use Permit shall require that
a curb cut be provided to City Standards and that an
Encroachment Permit be granted by the Director of Public
Works. The principal residence shall comply with the
requirements of this Chapter.
b. Multi-family lot. All pazking spaces shall be located on the same
pazcel as the residence they serve, unless provided as a Residential
Pazking Lot by the Zoning Administrator pursuant to a Conditional
Use Permit. The most distant parking space in a Residential Parking
Lot shall be not more than 150 feet from the residences they serve.
Parking spaces required by this Chapter shall be located within an
enclosed gazage or covered. Guest pazking, which may be
uncovered, shall be provided as required by this Chapter. No
pazking shall occur in the Street Side Setback or the Front Setback.
c. Non-residential lot. All pazking spaces shall be located on the
same parcel as the primary structure or use, unless provided under
Section 8.76.050, Adjustment to the Number of Pazking Spaces, or
as a Commercial Pazking Lot by the Planning Commission pursuant
to a Conditional Use Permit in the C-O, C-N, and M-P zones or as
allowed in the C-1, C-2, M-1, and M-2 zones pursuant to Site
Development Review. The most distant parking space in a
Commercial Parking Lot or an on-site parking lot shall be not more
than 400 feet from the use they serve. Pazking may occur in the Side
Yard, Street Side Yazd, Front Yazd, or Reaz Yard if behind perimeter
landscaping and screening pursuant to Site Development Review.
15. Maintenance. All required pazking facilities shall be permanently
maintained, free of litter and debris, potholes, obstructions, and stored
materials.
16. Parking Space Adjacent to a Wall. Parking spaces which aze located
adjacent to a building wall, or other wall or fence shall have a minimum
width of 14 feet.
17. Parking Space Design and Striping. All parking spaces shall be
delineated and separated by a striped divider (double stripe) as required by
the Director of Public Works and shown on Figure 76-4. The striping shall
be maintained in a cleaz and visible manner. However, existing parking
areas with single striping, which require additional parking spaces or
City of Dub/in Zoning Ordinance 76-18 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
modified parking spaces due to building expansion, parking lot restriping or
reconfiguration must be striped or restriped as required by the Director of
Public Works.
18. Parking Structures. All parking structures shall be landscaped as follows:
a. Perimeter landscaping. The parking structure shall have a
continuous minimum 10 foot perimeter landscaping with vertical
elements (such as a tree or a tall shrub) at least every 20 feet.
b. Entries and exits. The entries and exits of the parking structure
may include a minimum 6 foot wide landscaped median island and
accent paving in the driveway.
c. Deck landscaping. Landscaped materials, excluding vertical
element openings, shall be provided in planters and/or pots for 5%
of the total surface deck area. The planters and/or pots shall be
distributed throughout the top deck area, and perimeter of
intermediate decks.
City of Dub/in Zoning Ordinance 76-19 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
Figure 76-4
4"
TYPICAL PARKING
STRIPING DETAIL
4"
J
J
J
x
City of Dublin Zoning Ordinance 76-20 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
d. Maintenance/irrigation. All landscaping shall be permanently
maintained and automatically irrigated.
e. Lighting. Lighting for the above ground deck shall be energy-
efficient, low-level and directed so as not to spill beyond 4 feet in
height.
19. Perimeter Landscaping/Screening. All parking lots adjoining a public
right-of--way shall be provided a permanently irrigated and maintained
perimeter landscaping strip and berm. The depth and design of the
perimeter landscaping strip shall be determined through Site Development
Review. The purpose of the strip is to provide screening of vehicles to a
height of 36 inches and to provide a visual buffer between parking areas and
other areas. Perimeter landscaping shall be protected by a six-inch curb. A
twelve-inch wide curb shall be provided adjacent all parking spaces.
Perimeter landscaping/screening shall not comprise more than 50% of the
15% landscaped area required by Section 8.76.070.A.12 for parking lots.
Perimeter landscaping/screening shall be compatible with the screening
requirements of Section 8.72.030.B, Landscaping and Fencing Regulations.
20. Perimeter wall. Commercial, industrial, and public parking areas abutting
residentially designated property shall have a 6 foot high solid
architecturally treated decorative masonry wall approved by the Director of
Community Development. All wall treatments shall occur on both sides.
21. Security. All parking facilities shall be designed, constructed and
maintained with security as a priority to protect the safety of the users.
22. Slope.
a. Parking areas shall be designed and improved with grades not to
exceed a 5% slope.
b. Driveways shall have no grades exceeding 2% slope or as approved
by the Director of Public Works.
23. Surfacing. All driveways and parking areas shall be surfaced with a
minimum thickness of 4 inches of asphaltic concrete, concrete, or any
Director of Public Works-approved bituminous surfacing over a minimum
thickness of 4 inches of an aggregate base material. An appropriate
structural section of slag or other material may be approved by the Director
of Public Works for storage areas of industrial uses, provided that toxic or
hazardous materials are not located in such storage areas.
City of Dub/in Zoning Ordinance 76-21 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
24. Trash Storage. All trash receptacles located on-site shall be located within
approved trash enclosures and shall integrate well with the circulation
pattern of the site. The design of the trash enclosure(s) shall be to the
satisfaction of the Director of Community Development.
25. Vehicle Parking on posted private property is prohibited. It is unlawful
for any person to drive or park a motor vehicle upon land or premises where
the owner or the person occupying or having possession of or the agent
thereof shall have posted on such property or premises a notice as described
in Municipal Code Section 6.04.200. It is also unlawful for any person
without permission of the owner or person entitled to the possession thereof
to park any motor vehicles in or upon any private property so as to
interfere with the use thereof.
26. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches high
and 6 inches wide shall be provided at least 3 feet from any wall, fence,
property line, walkway, or structure where parking and/or drive aisles are
located adjacent thereto. Curbing may be replaced by a walk or ramp at
structure access points. The space between the curb and wall, fence,
property line, walkway or structure shall be landscaped. The clear width of
a walkway which is adjacent to overhanging parked cars shall be 4 feet. All
parking lots shall have continuous curbing at least 6 inches high and 6
inches wide around all parking areas and aisle planters. Curbs adjacent to
parking spaces shall be 12 inches wide. Wheel stops shall not be used in
lieu of curbing, to protect landscaping, signage, structures and walls. Where
curbs are present, wheel stops shall not be used.
B. Off-Street Loading Development Standards.
1. Access. When the lot upon which the loading space is located abuts an
alley, the loading space shall have access from the alley.
2. Dimensions. Required freight and equipment loading spaces shall be not
less than 15 feet in width, 35 feet in length, or as determined by the Director
of Community Development, with 14 feet of vertical clearance.
3. Lighting. Loading areas shall have lighting capable of providing adequate
illumination for security and safety. Lighting standards shall be energy-
efficient and in scale with the height and use of the structure. Any
illumination, including security lighting, shall be directed away from
adjoining properties and public rights-of--way.
City of Dub/in Zoning Ordinance 76-22 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
4. Location. Loading spaces shall be located and designed as follows:
a. Adjacent to, or as close as possible to, the main structure.
b. Situated to ensure that all loading and unloading takes place on-site
and in no case within adjacent public rights-of--way, or other traffic
areas on-site.
c. Situated to ensure that all vehicular maneuvers occur on-site.
5. Passenger Loading. Passenger loading spaces shall be provided in
addition to any required freight and equipment loading spaces whenever
required pursuant to Site Development Review. Passenger loading spaces
shall be not less than 10 feet wide and 20 feet long (a greater length may be
required by the Director of Public Works), shall be located in close
proximity to the structure entrance, and shall not require pedestrians to cross
a driveway, parking aisle, alley or street in order to reach the structure
entrance. Required passenger loading spaces shall not count as required
parking spaces.
6. Perimeter Landscaping/Screening.
a. Abutting Residentially Designated Property. All loading areas
abutting residentially designated property shall be screened by a 10
foot high solid architecturally treated decorative masonry wall
approved by the Director of Community Development if in a
commercial zoning district, or 12 foot high if in an industrial zoning
district. All wall treatments shall occur on both sides. All loading
areas adjacent to public rights-of--way shall be provided a
permanently irrigated and maintained perimeter landscaping strip
and berm. The depth and design of the perimeter landscaping strip
shall be determined through Site Development Review. The
purpose of the strip is to provide screening of vehicles to a height of
36 inches and to provide a visual buffer between parking areas and
other areas.
b. Abutting a Public Right-Of--Way. All loading areas abutting a
public right-of--way shall be provided a permanently irrigated and
maintained perimeter landscaping strip and berm. The depth and
design of the perimeter landscaping strip shall be determined
through Site Development Review. The purpose of the strip is to
provide screening of vehicles to a height of 36 inches and to provide
a visual buffer between parking areas and other areas. Perimeter
City of Dub/in Zoning Ordinance 76-23 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
landscaping shall be protected by a six-inch curb. A twelve-inch
wide curb shall be provided adjacent all parking spaces. Perimeter
landscaping/screening shall not comprise more than 50% of the 15%
landscaped area required by Section 8.76.070.A.12 for parking lots.
Perimeter landscaping/screening shall be compatible with the
screening requirements of Section 8.72.030.B, Screening
Requirements.
7. Security. All loading facilities shall be designed, constructed, and
maintained with security as a priority to protect the safety of the users.
8. Striping. Loading areas shall be striped indicating the loading spaces and
identifying the spaces for loading only. The striping shall be permanently
maintained in a clear and visible manner as determined by the Director of
Public Works.
9. Surfacing. Loading areas shall be surfaced with a minimum thickness of 4
inches of asphaltic concrete over a minimum thickness of 5 inches of an
aggregate base material or an equivalent structural section to be approved
by the Director of Public Works.
10. Wheel Stops/Curbing. Continuous concrete curbing at least 6 inches high
and 6 inches wide shall be provided for all loading spaces, and shall be set
back at least 3 feet from any wall, fence, property line, walkway or
structure.
8.76.080 Parking Requirements by Use Type. The number of off-street parking spaces
required for the Use Types in this Chapter shall be as provided in this Section.
Square footage requirements are in terms of Gross Floor Area.
A. Agricultural Use Types. Agricultural Use Types shall provide off-street parking
spaces as follows:
AGRICULTURE USE TYPES NUMBER OF PARKING SPACES REQUIRED
Agricultural Processing 1 per 1,500 square feet
Horse stable/Riding Academy 1 per 4 stalls
Winery 1 per 400 square feet of tasting room, plus 1 per 1,500
square feet of production area
City of Dub/in Zoning Ordinance 76-24 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
B. Residential Use Types. Residential Use Types shall provide off-street parking
spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Agricultural Housing 2 per dwelling
Boarding House 2 per dwelling, plus .~ per sleeping room
Caretaker Residence 2 per dwelling
Community Caze Facility/Small 2 per dwelling
Farm Mobile Home 2 per dwelling
Large Family Day Caze Home (9-14) 2 per dwelling, plus 1 space for every employee not
residing in the home, plus one loading space for every
4 children in the facility
Mobile Home 2 per dwelling
Mobile Home Park 2 per dwelling, plus 1 guest space for every 2
dwellings
Residences
Apartments
Studio 1 covered or garaged per dwelling plus 1 pazking
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 1 covered or gazaged per dwelling plus 1 parking
space for unreserved and guest pazking.
Condominiums
Studio 1 covered or gazaged per dwelling plus guest parking
(see below)
1 Bedroom 1 covered or garaged per dwelling plus guest pazking
(see below)
2+ Bedrooms 2 covered or garaged per dwelling plus guest parking
(see below)
Guest Parking Projects with 10 or more dwellings shall provide one
additional guest parking space for every 2 dwelling
units which shall be marked as a guest pazking space
Senior Citizen Apartments 1 covered or gazaged per dwelling plus one guest
parking space for every three dwelling units.
Single Family/Duplex/Mobile Home 2 in enclosed garage per dwelling
Residential Use Secondary to
Commercial Use 2 per residence
Second Unit 1 parking space, see Section 8.80.030.H relating to
Second Units parking
Small Family Day Care (1-8) Not regulated
City of Dub/in Zoning Ordinance 76-25 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
C. Civic Use Types. Civic Use Types shall provide off-street parking spaces as
follows:
CIVIC USE TYPES NUMBER OF PARKING SPACES REQUIRED
Community Facility
Community Clubhouse 1 per 3 fixed seats, or 1 per 50 square feet for non-
fixed seating in the assembly area, plus 1 per
classroom
Hospital 1 per doctor, plus 1 per 3 employees for the largest
shift, plus 1 per 3 beds
Industrial Transfer/Storage/Treatment Per CUP
Facility
Libraries and museums Per CUP
Place of Worship 1 per 3 fixed seats, or 1 per 50 square feet for non-
fixed seating in the assembly area, plus 1 per
classroom
Public Utilities Per CUP
Schools
Colleges and Universities Per CUP
High School 1 per classroom, plus 1 per every 4 students, plus 60
.lineal feet of street loading area for every 200 students
Elementary, Middle, Junior High 2 per classroom, plus 601ineal feet of street loading
area for every 100 students
Small Scale Transfer and Storage Per CUP
Facility
City of Dub/in Zoning Ordinance 76-26 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
D. Commercial Use Types. Commercial Use Types shall provide off-street parking
spaces as follows:
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Adult Business Establishments
Bar, Cabaret, Drinking Establshmt. 1 per 50 square feet
Motion Picture Arcade 1 per 50 square feet
Theater 1 per 3 fixed seats or 1 per 50 sq. ft. of non-fixed stng.
Other Per CUP
Ambulance Service 1 per ambulance, plus 1 per crew member on duty,
plus 1 per non-crew member on the largest shift
Animal Sales and Services
Grooming and Pet Stores 1 per 300 square feet
Kennels 1 per 300 square feet
Veterinary Clinic or Hospital 1 per 150 square feet
Other Per CUP
Auction yard Per CUP
Automobile/Vehicle
Brokerage 3 spaces
Rentals 1 per 250 square feet of office, plus 1 per 1,000 square
feet of vehicle storage area
Repairs and Service 1 per 400 square feet, plus 1 per service bay, plus 1 per
company vehicle
Sales and Service 1 per 1,000 square feet of indoor/ outdoor display area
Storage Lot 1 per employee on the largest shift
Car Wash/Detailing
Full Service 10 spaces or 3 times internal washing capacity,
whichever is greater; plus additional parking required
for drying or vacuum areas, plus l OO lineal feet for
stacking
Self-Service 4 spaces; plus additional parking for drying/vacuum
areas, plus 20 feet in front of each bay for stacking
Drive-Through Lube/Tune-Up 1 per employee on the largest shift, plus 2 space
queuing lanes for each bay
Impound Yard 1 per 250 square feet, plus 1 per company vehicle
Parking Lot/Garage -Commercial Per CUP
Service Station
With Mini-Mart 1 per 300 square feet of commercial sales area with a 5
space minimum
Without Mini-Mart ~ spaces
With Repair 1 per 300 square feet of commercial sales area with a 5
space minimum, plus 2 spaces per service bay
City of Dub/in Zoning Ordinance 76-27 September, 1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Banks and Financial Services 1 per 150 square feet
Bed and Breakfast Inn 2 spaces, plus 1 per every sleeping room
Cemeteries, Columbariums and
Mortuaries 1 per 3 fixed seats or 1 per 50 sq. ft. of assembly area
Community Care Facility/Large 1 per 3 employees on lazgest shift, plus 1 per 3 beds
Copying and Blueprinting 1 per 300 square feet
Dance Floor 1 per 20 square feet of dance floor, plus 1 space per 50
squaze feet for the remaining assembly area
Day Care Center (15+) 1 per employee, plus 1 per company vehicle, plus a
loading space for every 5 children at the facility
Drive-in/Drive-through Business Per CUP
Eating and Drinking Establishment
Fast Food with drive-through 1 per 50 square feet
Convenience 1 per 100 square feet
Full Service 1 per 100 square feet
Fortunetelling 1 per 250 square feet
Health Services/Clinics 1 per 150 square feet
Hotel/Motel 1 per room, plus 1 per 250 sq. ft. of office, 1 per 300
sq. ft. of retail, 1 per 100 sq. ft. of eating and drinking
facility, and 1 per employee on the largest shift
Housemover's Storage Yard 1 per 10,000 square feet of yard area
Laboratory 1 per employee on lazgest shift, plus 1 per 250 square
feet of office, plus 1 per company vehicle
Massage Establishment 2 per massage station, plus 1 per 250 sq. feet of office
Mini-Storage 4 spaces, plus. 2 places for resident manager's quarters
Office (general, including Office -
Contractor's, and Office -
Professional/Administrative) 0-7,500 square feet. 1 per 250 square feet
7,501 to 40,000 square feet. 1 per 300 squaze feet
40,001+ square feet. 1 per 350 square feet
Outdoor Seating 1 per 100 squaze feet
Personal Services 1 per 300 square feet
Plant Nursery 1 per 300 square feet of enclosed retail, plus 1 per
1,000 squaze feet of outdoor display/storage azea
Recreational Facility/Indoor
Arcade 1 per 200 square feet
Card Rooms 1 per 200 square feet
Billiazd and Pool Hall 2 per table, plus 1 per 100 square feet for eating and
drinking facility, plus 1 per 250 square feet of office
City of Dub/in Zoning Ordinance 76-28 September,
1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Bowling Alleys 5 per lane, plus 1 per 300 square feet of retail, plus 1
per 100 square feet for eating and drinking facility,
plus 1 per 250 square feet of office
Handball, tennis, racquetball 2 per court, plus 1 per 300 squaze feet of retail, plus 1
facilities per 100 square feet for eating and drinking facility,
plus 1 per 250 squaze feet of office
Health clubs and athletic clubs 1 per 150 square feet of weight room, pool, and spa
azea, plus 1 per 50 square feet of aerobics or martial
arts area, plus 1 per tanning or massage station, plus 1
per 300 squaze feet of retail, plus 1 per 100 squaze feet
for eating and drinking facility, plus 1 per 250 squaze
feet of office. Locker and dressing rooms aze not
considered for parking purposes.
Indoor sport arenas 50 per field or sports court, plus 1 per 3 fixed seats for
(soccer/volleyball) spectator sports area, plus 1 per 300 square feet of
retail, plus 1 per 100 squaze feet for eating and
drinking facility, plus 1 per 250 square feet of office
Martial Arts Studio 1 per 50 square feet, plus 1 per 250 sq. feet of office
Skating/Ice Rinks 1 per 175 square feet, plus 1 per 300 squaze feet of
retail, plus 1 per 100 square feet for eating and
drinking facility, plus 1 per 250 square feet of office
Theater/Auditorium 1 per 3 fixed seats or 1 per 50 squaze feet of non-fixed
seating
Other Per CUP
Recreational Facility/Outdoor
Amusement Parks Per CUP
Driving Range 1.5 per tee, plus 1 per 300 square feet of retail, plus 1
per 100 square feet for eating and drinking facility,
plus 1 per 250 square feet of office
Golf Course 4 per hole, plus 1 per 300 square feet of retail, plus 1
per 100 square feet for eating and drinking facility,
plus 1 per 250 square feet of office
Handball, tennis, racquetball 2 per court, plus 1 per 300 square feet of retail, plus 1
facilities per 100 square feet for eating and drinking facility,
plus 1 per 250 square feet of office
Miniature Golf Course 2 per hole, plus 1 per 300 square feet of retail, plus 1
per 100 squaze feet for eating and drinking facility,
plus 1 per 250 squaze feet of office
Swimming Pools 1 per 100 square feet of pool azea
Other Per CUP
City of Dub/in Zoning Ordinance 76-29 September,
1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
COMMERCIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Repair Shop 1 per 300 square feet
Retail
Furniture/lazge appliances/flooring 1 per 400 square feet
General Retail 1 per 300 square feet
Neighborhood Retail 1 per 300 square feet
Service Retail 1 per 300 square feet, plus 1 per 1,000 squaze feet of
outdoor storage/display area
Shopping Centers Per CUP
Other Per CUP
School -Commercial 1 per 50 square feet of instructional azea, plus 1 per
250 square feet of office
Seasonal Holiday Sales Lots 1 per 1,000 square feet of display area
Temporary Construction Trailer 1 per 250 square feet
Vehicle Storage Yazd -Commercial 2 per loading bay, plus 1 per 250 squaze feet of office
E. Industrial Use Types. Industrial Use Types shall provide ofF street parking
spaces as follows:
INDUSTRIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Equipment and Materials Storage Yard 1 per 300 squaze feet of enclosed azea, plus 1 per
10,000 square feet of yard area
Industrial -Heavy 1 per 400 square feet of general purpose area, plus 1
per 1,000 square feet of wazehouse or distribution area,
plus 1 per company vehicle; or per CUP/SDR
Industrial -Light 1 per 400 square feet of general purpose area, plus 1
per 1,000 squaze feet of warehouse or distribution area,
plus 1 per company vehicle; or per CUP/SDR
Printing and Publishing 1 per 1,000 square feet of production area, plus 1 per
250 square feet of office
Recycling Facility -Commercial 1 per 250 square feet of office, plus 1 per 10,000
squaze feet of yard area
Research and Development Laboratory 1 per 300 square feet, plus 1 per 250 squaze feet of
office, plus 1 per company vehicle
Salvage and Wrecking Yards 1 per 250 square feet of office, plus 1 per 10,000
square feet of yard area
Trucking Terminal 2 per loading bay, plus 1 per 250 square feet of office
Warehousing and Distribution 1 per 1,000 square feet of wazehouse space
City of Dub/in Zoning Ordinance 76-30 September,
1997
OFF-STREET PARKING AND LOADING REGULATIONS
Chapter 8.76
8.76.090 Loading Requirements Off-street freight and equipment loading spaces shall be
provided for all offices, hospitals, institutions, hotels, senior group housing,
schools, day care centers, and other commercial and industrial land uses.
The following minimum number of loading spaces shall be provided for each use:
Commercial, industrial, office, institutional, hospital, hotel, schools:
Gross Floor Area (GFA) Loading Spaces Required
25,000 sq. ft. or less of GFA 1
25,001 sq. ft. or more of GFA 1 plus additional loading spaces as required by
the Director of Community Development
Requirements for uses not specifically listed shall be determined by the Director of
Community Development based upon the requirements for comparable uses and upon the
particular characteristics of the proposed use.
City of Dub/in Zoning Ordinance 76-31 September,
1997
SECOND UNITS REGULATIONS
Chapter 8.80
CHAPTER 8.80 SECOND UNITS REGULATIONS
8.80.010 Purpose. The purpose of this section is to establish regulations for
approving second units designed to meet the special needs of individuals
and families, particularly the elderly, disabled, and those of low and very-
low income; and which meet the requirements of the Housing Element.
8.80.020 Intent. The intent of this section is to ensure that Conditional Use Permits
approving second units meet all of the following findings. That the second
unit:
A. Allows for more efficient use of the City's existing housing stock and
underdeveloped residential properties.
B. Does not negatively impact the family character of the neighborhood.
C. Does not negatively impact traffic in the neighborhood.
D. Has sufficient utility service.
E. Provides sufficient access and mobility for the handicapped or disabled.
F. Complies with all standards of Chapter 8.80, Second Units.
G. Meets the findings of Chapter 8.100, Conditional Use Permit, and such conditions
as may be appropriate to further the purposes of this Title.
8.80.030 Regulations. No second unit shall be approved unless it complies with all
of the following regulations:
A.
B
C.
D.
Permitted in the R-1 district only. A second unit may only be permitted in the
R-1 zoning district.
Conditional Use Permit. A second unit shall be approved by means of a
Conditional Use Permit by the Zoning Administrator.
Existing detached single-family dwelling unit. The lot on which a second unit is
located shall contain an existing, detached, single-family dwelling unit.
Lot size. That the lot on which a second unit is located have a minimum lot size of
6,000 square feet.
City of Dub/in Zoning Ordinance 80-1 September, 1997
SECOND UNITS REGULATIONS
Chapter 8.80
E. Maximum of one second unit per lot. That there be no more than one second unit
allowed per lot.
F. Unit size. The total floor area of a second unit shall be not less than 275 square feet,
nor more than 1,000 square feet. Further, in no case shall a second unit exceed 35%
of the total floor area of the existing single-family residence.
G. R-1 development standards. The second unit shall conform to the development
standards of the R-1 zoning district including, but not limited to, setbacks and height
but excluding density standards.
H. Parking. The second unit shall be provided with one additional off-street parking
space. The parking space may be uncovered and may, if it is not possible to meet
the requirements of Chapter 8.76, Off-Street Parking and Loading, be in tandem
with the required parking of the principal dwelling unit, or be located in the Side
Yard Setback if specificallypermitted by a Conditional Use Permit approved by the
Zoning Administrator. The Conditional Use Permit shall require that a curb cut be
provided to City Standards and that an Encroachment Permit be granted by the
Director of Public Works. The principal residence shall comply with the
requirements of Chapter 8.76, Off=Street Parking and Loading.
I. Design. The second unit shall be designed in such a way that the appearance of the
combined second unit and existing residence isthat of asingle-familyresidence.
J. Entrance visibility. The entrance of a second unit shall not be visible from the
street.
K. Coverage. The principal residence and second unit combined shall not cover more
than 60% of the lot.
L. Occupancy.
Applications shall be limited to owner-occupantswho have resided in the
principal residence for a minimum period of six months.
2. No more than one dwelling unit on the parcel shall be rented or leased.
3. The owner of the lot may occupy either the principal residence or the second
unit.
4. Either of the units may remain vacant.
5. A deed restriction shall be recorded setting forth the occupancy
requirements.
City of Dub/in Zoning Ordinance 80-2 September, 1997
SECOND UNITS REGULATIONS
Chapter 8.80
6. No subdivision shall be allowed unless the division meets the applicable
requirements of Title 8 and Title 9 of the Municipal Code.
M. Building setbacks. If the second unit is detached, it shall be located a minimum of
10 feet from the principal unit.
City of Dub/in Zoning Ordinance 80-3 September, 1997
SIGN REGULATIONS
Chapter 8.84
CHAPTER 8.84 SIGN REGULATIONS
8.84.010 Purpose and Intent. The purpose of this Chapter is to provide standards to safeguard
the health, safety and welfare of the community by regulating and controlling the
design, quality of materials, construction, location, and maintenance of all signs and
their supporting members. The objectives of this Chapter are to:
A. Implement the purposes, policies and programs of the General Plan and Specific Plans.
B. Provide effective and attractive identification for businesses, services and uses.
C. Provide a reasonable system of regulations for signs as a part of the City's comprehensive
Zoning Ordinance.
D. Promote reasonable sign standards to avoid visual clutter which has negative impacts on
surrounding businesses, services and uses.
E. Attract and direct the public to available activities, goods and services.
F. Enhance the economic value of the community through attractive and effective signage.
G. Provide for vehicular and pedestrian safety by prohibiting or restricting distracting signs.
8.84.020 Definitions. For the purposes of these regulations, certain words and phrases shall be
interpreted as set forth in this Chapter unless it is apparent from the context that a
different meaning is intended. Where any of the definitions in this Chapter may
conflict with definitions in Chapter 8.08, Definitions, the definitions in this Chapter
shall prevail for the purposes of this Chapter.
A. A-Frame Sign, Portable Sign, and Sandwich Board Sign. The terms A-Frame Sign,
Portable Sign and Sandwich Board Sign shall mean portable signs capable of standing without
support or attachment.
City of Dub/in Zoning Ordinance 84-1 September, 1997
SIGN REGULATIONS
Chapter 8.84
B. Awning. The term Awning shall mean a structure composed of canvas or other non-rigid
materials, except for the supporting framework, that extends from the exterior wall of a
building.
C. Awning Sign. The term Awning Sign shall mean a sign composed of flexible materials and
incorporated into an awning.
D. Banner Sign. The term Banner Sign shall mean a temporary sign composed of light weight,
flexible, non-rigid material either enclosed or not enclosed in a rigid frame.
E. Billboard Sign. The term Billboard Sign shall mean an Off-Site Advertising Sign.
F. Building Frontage. The term Building Frontage shall mean the linear length of a building
wall measured at the base of the building wall.
G. Bulletin Board Sign. The term Bulletin Board Sign shall mean a sign used to display
announcements pertaining to an on-site church, school, community center, park, hospital or
institutional building.
H. Business Sign. The term Business Sign shall mean any structure, housing, sign, device, figure,
painting, display, message placard, or other contrivance, or any part thereof, which has been
designed to advertise, or to provide data or information in the nature of advertising, for any of
the following purposes:
1. To designate, identify, or indicate the name or business of the owner or occupant of the
premises upon which the Business Sign is lawfully erected.
2. To advertise the business conducted, services available or rendered, or the goods
produced, sold, or available for sale upon the property where the Business Sign has
been lawfully erected.
I. Coming Soon Sign. The term Coming Soon Signs shall mean a sign placed on the site of
work under construction stating that a business will be opening soon and denoting the opening
date, architect, engineer, contractor, future business or lending agency.
J. Community Identification Sign. The term Community Identification Sign shall mean a
Business Sign incorporating information referring exclusively to service clubs and/or
community slogans.
K. Directional Tract Sign. The term Directional Tract Sign shall mean an off-site Temporary
Sign containing only the name and location of a subdivision and/or a multiple family
residential project and directions for reaching the project.
City of Dub/in Zoning Ordinance 84-2 September, 1997
SIGN REGULATIONS
Chapter 8.84
L. Electronic Readerboard Sign. The term Electronic Readerboard Sign shall mean a Business
Sign on which the copy is manually or electronically changed and which is intended primarily
to promote items for sale or of general interest to the Community. This term includes a
Business Bulletin Board, aTime/Temperature sign, or other changeable copy sign.
M. Freestanding Sign. The term Freestanding Sign shall mean a Business Sign supported by one
or more uprights, braces, columns, poles, or other similar structural components placed on or
into the ground, and not attached to a building, and having no exposed or connecting wires.
Freestanding Signs shall include but not be limited to Electronic Readerboard Signs,
Identification Signs, Office Building Master Identification Signs, Service Station Display
Structures, and Special Easement Signs.
N. Grand-Opening Signs. The term Grand-Opening Signs shall mean banners, pennants, flags,
balloons, searchlights and similar advertising devices when used only for bona-fide grand-
opening functions.
O. Identification Sign. The term Identification Sign shall mean a sign, or device which serves
exclusively to designate the name, or the name and use, of churches, auditoriums public
buildings, ormulti-family residential uses, or the use of a lawful parking area, recreation area,
. or other open use permitted in the District.
P. Illegal Sign. The term Illegal Sign shall mean signs and their supporting members which meet
any of the criteria of Section 8.84.220.
Q. Illuminated Sign. The term Illuminated Sign shall mean an internally or externally
illuminated Business Sign which uses a source of light in order to make the message readable.
R Master Sign Program. The term Master Sign Program shall mean a sign program approved
by the Zoning Administrator for a retail, office or industrial complex, an automobile dealership
or a building more than two (2) stories high.
S. Non-Conforming Sign. The term Non-Conforming Sign shall mean a sign lawful before the
enactment of this Chapter, or of any relevant amendment hereto, but which thereupon violates
same.
T. Office Building Master Identification Sign. The term Office Building Master Identification
Sign shall mean a Business Sign that serves to identify an office building or any institutional
use, and whose copy. shall include only the name of the office building or institutional use and
the street address range of the complex.
U. Official Public Sign. The term Official Public Sign shall mean signs of a public nature, which
shall include public transit service signs, utility information signs, public restroom or
telephone signs, trespassing signs, legal notices erected by a public officer in the performance
City of Dub/in Zoning Ordinance 84-3 September, 1997
SIGN REGULATIONS
Chapter 8.84
of a public duty and signs placed by a public agency for the purpose of guiding persons to
emergency centers or places, buildings, or locations of regional or historical significance.
V. Off-Site Advertising Sign. The term Off-Site Advertising Sign shall mean any sign which
advertises or informs about a business organization or event, goods, products, services or uses,
not available on the property upon which the sign is located. Signage for a business within a
shopping center under multiple ownerships shall not be considered an Off-Site Advertising
Sign even though it is not located on the same property as the business being advertised. The
term Off-Site Advertising Sign does not include Special Easement Signs, Directional Tract
Signs, Community Identification Signs or Off-Site Temporary For Sale Or Lease Signs.
W. Off--Site Temporary For Sale or Lease Sign. The term Off-Site Temporary For Sale or
Lease Sign shall mean any off-site sign used in-lieu of a Freestanding Sign which advertises
property for sale or lease.
X. On-Site Temporary For Sale or Lease Sign. The term On-Site Temporary For Sale or Lease
Sign shall mean any on-site sign used in-lieu of a Freestanding Sign which advertises property
for sale or lease.
Y. Open-House Sign. The term Open-House Sign shall mean a portable sign used in connection
with the sale of individual residential real properties.
Z. Pedestrian/Shingle Sign. The term Pedestrian/Shingle Sign shall mean a suspended sign used
to identify and indicate pertinent facts concerning a business or professional services
conducted on the premises.
AA. Permanent Banners. The term Permanent Banner shall mean a banner constructed of a
durable textile material and which may display only the name or logo of a shopping center or
business.
BB. Permitting Body. The term Permitting Body shall mean the person or body with the authority
to review and approve permits for signs. This may include the Director of Community
Development, the Zoning Administrator, the Planning Commission or the City Council.
CC. Projecting Sign. The term Projecting Sign shall mean a Business Sign attached to a wall in
such a manner that the face of the sign is not parallel to the wall to which it is attached.
DD. Roof Line. The term Roof Line shall mean the top edge of the roof or top of the parapet,
whichever forms the top line of the building silhouette.
EE. Service Station Display Structure. The term Service Station Display Structure shall mean an
on-site identification Business Sign that serves to identify the name and logo of the service
station located on the site.
City of Dub/in Zoning Ordinance 84-4 September, 1997
SIGN REGULATIONS
Chapter 8.84
FF. Service Station Price Sign. The term Service Station Price Sign shall mean a Business Sign
indicating gasoline prices and available services.
GG. Special Easement Sign. The term Special Easement Sign shall mean: a Business Sign used
in-lieu of a Freestanding Sign located off-site from, but within the immediate vicinity of, the
business the sign has been designed to advertise; where said business is located on a parcel of
land without direct access or frontage on an improved public right-of--way; and where the two
(2) parcels involved are interconnected by a traversable vehicular roadway which is subject to
anon-revocable, non-exclusive recorded vehicular access easement.
HH. Temporary Political Sign. The term Temporary Political Sign shall mean a temporary sign
identifying a political candidate or ballot measure.
II. Temporary Promotional Signs. The term Temporary Promotional Signs shall mean
temporary banners, pennants, flags, balloons, searchlights and similar advertising devices
when used only for special promotional events.
JJ. Temporary Sign. The term Temporary Sign shall mean any sign, banner, pennant, valance, or
advertising display constructed of cloth, canvas, light fabric, cardboard, plastic, plywood,
wallboard, or other light materials, with or without frames, intended to be displayed for a
limited period of time only.
KK. Tenant Directory Sign. The term Tenant Directory Sign shall mean a tenant directory or
other exclusively informational listing of tenant names attached to the exterior wall at the
entrances of a building and used for the purpose of displaying the names and unit
identifications of occupants engaged in professions or businesses on the premises.
LL. Tenant Frontage. The term Tenant Frontage shall mean the linear length of a building
frontage of suites occupied by a tenant.
MM. Vehicular Sign. The term Vehicular Sign shall mean any sign permanently affixed to an
operable, driveable and currently registered motor vehicle which is used in the normal course
of business.
NN. Wall Sign. The term Wall Sign shall mean a Business Sign attached or erected against the
building or structure, with the exposed face of the sign in a plane parallel to the plane of such
building or structure.
00. Window Sign. The term Window Sign shall mean a sign attached to, suspended behind,
placed or painted upon, the window or glass door of a building which is intended for viewing
from the exterior of the building.
City of Dub/in Zoning Ordinance 84-5 September, 1997
SIGN REGULATIONS
Chapter 8.84
8.84.030 Sign Approvals And Decisionmaker Authority by Zoning District. Matrix A, Sign
Approvals And Decisionmaker Authority prescribes the necessary permits and the
decisionmaker authority applicable to the specified signs for each zoning district:
City of Dub/in Zoning Ordinance 84-6 September, 1997
Z
.~
...
~.
:-.~
N
..~
Z
x
x
U
r..
U
F
_U
N
U
Z
Z
N
~-
O
~ ~
~ ~
~ V
~Y
~ ~
~ z
0
_~
U
W
p
Z
L
L
Z
U
~
I _
~N
~~ - = c- U U ~
: ~ C
v U
N U
N C
v~ U
N U
N
X C
~ ^
~ U
N U
N U
N U
N =
-^''- ^
'" =
j _ L ~ N N U ~
r-. ~
~ rJ ~? N
~ ~ C ~
~;
J
U
p
c
^^
C
U
N
U
N
~^.
v:
U
N
U
N
X
p
v: _
': ~
U
N
U
N
U
N
U
N _
^
~ _
^
~ ^
_
~
U ~ C1 N N U r
.. ~
.-. ~ ~ N
G '.~ N `.
~ ~
^
~
~
U
U
p
=
^
U
N
U
N
C
~
U
N
U
N
X
p
v~
~
U
N
U
N
U
N
U
N
~
~
^
~ ^
U ~ ~ N N U v~
.~
~
N
~
O
j
^
^
^
~
^
N
N _
~
X
X
N
~
N _
~
N
N
X
X
f7~
X
>C
N
N
~
=~
~
(
I ^ to U
U y E
_, p N
~
~ _
~
Z
~
fl
U
U
=
U
X
U
N
U
N
C
~
U
N
U
N
X
X
m
N
N
N
N _
^
n
n
=
U ( ~ 07 C N N U N
N '~
N C
~ ~
~ X C] X N N X X X X N X X X Ca'. X X X X X X X >C X
~ <
p N
~ ...
~ W d X X X X W ~C X N rpi~ X W X X W X X W X X W X
i
~ ~
V T
('.
O 6l
[3 [3
CA T
_
K' y
~ L
~
'U _
~ C
O
i
_ _ _
_ ^ u ~ .^_ - ~ ~ - - - v
'
cZ
W _
p
i
i~
_
'~
.^.IJ
-
nD _
~
~
~
O
~
~
~
~
'~ ~ ...
u i
- ° y
~
~
°A
r3 s.
i
~%
ti
~
~
~
J, ti
~ c ~
^
~ r
g _ ~ ~ o __ ~ ~ n n >
>, :A - ~ o ~ ~ ~ O L = is c`c i~ c~ r' c> ~
y
C~ V]
~
> O.
>
U C ~
u --
- ~ ~ O ~ O L' O G Cn G C/1 C C~ (n [/~ G
~ C ~ U U C :+1 ~- `
' J
a
a
v
G
C!1
v
C
.~
O
N_
A
c
.~
V
SIGN REGUL aTIONS
Chapter 8.84
Notes for Matrix .A:
E Business Signs not exceeding an area often (10) square feet per side are permitted per Section
8.84.090. and subject to Building Permit
BP Permitted and subject to Building Permit
CUP Conditional Use Permit Approval Required and subject to Building Permit
SDR Site Development Review Approval by Staff Required and subject to Building Permit
PC Planning Commission is decisionmaker authority
ZA Zoning Administrator is decisionmaker authority
ZC Zoning Clearance by Staff Required and subject to Building Permit
X Not Permitted
* Matrix A does not reflect Exempt Signs in Section 8.84.140
** A sign of up to 24 square feet on a side is allowed with a Zoning Clearance and a sign of up to 36
square feet on a side is allowed ~~ith a Site Development Review.
Planned Development signage is permitted by Section 8.84.100.
A Sign Exception to a regulation in this Chapter may be applied for per Section 8.84.200.
8.84.040 Matra: B, Sign Development Regulations. The following Matrix B, Sign Development
Regulations, prescribes required development regulations for permitted signs. The
information in Matrix B is subordinate to and supplementary to the information in
Section 8.84.050, Signs Subject To Permits.
Cit}' of Dublin Zoning Ordinance 84-8 September, 1997
z
O L
F ~
a
~ s
~ U
W
r~
V
.~
z
0
F
Q
.~
tl ~
~i
~ F
~, z
E ~
0.
0
..]
z
V
L ~
p
r. bD ~
~ T
u
~
-z L ~ c = u u
y ~
~ ~ ~ ~ 0 d
O
~ ~
N `~
~ O O y u
t
Q ~ w O i y
a p C R ~
~ '~
i
6
CC M ~ ~
.- G ~
d C
`= fn
~: ~
-
s =
u u ~ O z a
O C R
°
o
«. aM ~ ~ ~ .. o E o
~
R R R
R ~ E
L 8 L
7 +~. a
G,
0
~.
en i
= o
R O ~
L R ~
..: ~
u w
'a
i u
G
p
~,,.
s.
_,
e
R
-k d h .
6l h
O ~ u w ~+ L R
R 'O ~ O
r:+ C L ~ H ~ R
u
u
w °~ .=
d u u ~
•L
~' '~' o
V
R s. ~ C
a
+
° '
O O 7 R
a
~i _
rn C
pp
O R r, dD i
C d ~;
vi u rn
y ~
vi
a Q a o ~ a. ,_° ~ ~ ~ ~~ ~ on
U Z Q R u s .a O d e VJ d ~,
# ,y L
+`n+ .~ L
a G L d
a, s
aoi c = a
c
E d ~
' ~"'
L r, w
x
i' R 67 a R
++ +
+ w
C •y
'_
o ~
~ w .
o ~
~ C
d'
a.,'... dw ~
a '3 z°
• w ~
~ ~ d
L
.~
i
_
0.... .
~ „ `
~ ~ d o °
wL. ~ c
L
C
V L
d L' ~
~ aj O
L O
U
...
~ 0.
` ° a O
. w
. o ,
0
a+ "'
~ o w, w. ~ d
L N
'" o C' R u
R °' ° '_ y' °°~'
w
d ,
°' eeD ~ in. .' .`.
Q_ _ .~ O C ti y R
L O O = E
~
o~ d L ~a~~ o
a w O Q N = w':
~:
w
c.
.
R - s o ~«- o- o~ y
m y
~--~ F E ~ E '.~ r.
N
M
~
w O
K ~ ~
~CCr '6~
G T w~. ice..
~D w
oo
N
..
i . N
is
O
it _
i Vi .O
O' ~
O R ~
D ~ h ~ w ~
~
-K ~
= d ++ R ~ ~
d = R C
R o an a~ o o~~ e,
a
O
u Q ~o~ U .~D
~ o Ro 00 ""o
d o m o ~ 0 0
aa.
on ~
c ono
~ ono
° e
a ono
F"
.
= oo d oo oo ~ o0
_
Q~
om
~
~
~z m
, ~ ~
0
N
00
00
'~
C
R
O
R
ao
00
y
C
O
a+
u
u
C
'C
0
L'
O
a
0
u
cLa
C.
0
.^
0
R
O ~
w "r
~ ~
Q ~
~O u
C d
R ~
m =
_ •h
O G
v ~
~L ~
+.+ ,~.+
d a
CG C
~ ~
a '~
o W
U '-'
u
y ~
~.+ ~
C ~
y L
O
a, _
L
~O d
C ~
Ca
a k
o .
~ R
u
0
a*
~~
O~
L
a~
.C
0.
d
00
DD
Z ~
DD
O i
"'~ s
U
~W
W
z
c~
E ~, c
`
O c ~ CCo i~ ~ >, o
~ r " C V
~ 00 bD •~ 4. b0 R ~
+ ~ C 7 ~
_ rn
R O C
.C
0o c
00 .
. a
o c 3
b0
> V 'b
i
V E
• c
~«. V _ ~_ C R
O h
C" L
? `
V bD O D
- V
R O c =~ .O i V O
''"- n = 7 O y ~~ ~ L•
a'
7 ~
; V R
V1 ~" r' R ~ L V
~"' R Z ~ V >a R ~
R a h L
C r: L ~ R
w d 6i
'D d O 6! R 7
a
v O
U R U s R
0
Q ~i
z L
G~ ~.. ~r
> V O
+
G V O> c a O
O ~O O C
~ v, O
a
i O O
.-~ a L v~ u
x ° w 'o ~ c ~ e
•
C c
~
w =
~ ~ ~
~ L
H ~ R
~ d
it
V R
O
'r O 'tn
~
V .a
L H
V ~
,` ~ 0
0
Ni ~ R R ~ ~ R
.+. .~ d ~ .
o
o z' 'O O C
~ ~ a o u
. °O = a ~ ~ °D o w
a E d~ ~ e~ y L °° ~ -a E ~- L
O
U R y L_
z :J 'C y bD a~
f3. 'in w ~O+ O=
G R L R 7
z O R ~' ^Op
z ~ R
x.. p O
z R Q
-
^ t
w
w
~ +..
~ R L
~
C. +.+ H
'
am
~ O
i V.n
+
L O
G i1.n
~ V1 w .y
67
~
C O G w R c R
~
~
~ '~
'fl c L
V
• ~p
i ~ bD
~
~~ R
~
4. ~ 'fl
R O y
~
O '
~
s >a L
~ ~ O
O' C O O ..
.
a
i
rr
3 00 ~
0
•
U
~ ~
L
.
'fl O V 00 O
C L v
~
i
~ L ~ CUJ Lam.
a
O 0: 6J ~ OD
c
'a
R a R
d O
~ _
O L a 0.
L c
u ~ c
d c
~
j
- R 00
~ V~ L C
d GD L R a
bD ~ d
= a 0 L G c ~
~ 7 d
!~' a c
O O
a °., w'~,w. 3 o din
Rzw.~ ~ ~ o z z
.:
~ 4'
ou ~%
a cN = ~,~~ ~: O ° O
R
d .. -^ o~
...i ~ •y ~o ~ 4 ~
•y p^ R1. ..-~ N ~
M
L
Q'4y.. 00
0~0 00 ~ yj v~ U V ~' y 4.
~ _ ~ L ~ d = O .c
w
00 a~ N w +. w~ ~ 3 u CC
= d ' R ~
k
~ tn w
~ ~. ~ 6~
6~ d
~ a L y
L a Y!
~. L
O' R
C
y
~r
~
M L
0, 3
« =
O L R O rR
= a ~~ C a G
a
z ~
d _
N CJ •~
N
G ~ .
..
= y w C OD CG
R
~
~". V R
' ~ A
~ ~
° ~ ~ w ~ d +~ o i.
d .., eD
•• ~ 'vr L y s L a O w
67 R ~ ~ ~ N ' ~
Z v oo ~ a L ,^ ° a d w. 3
L'
~ 00 C ~.- c o
L V "~ L .. r w
~ V ~ L'
• +.+ y L R y w 7 M
a
~
~
~ h > ~ d 0!
+.+ .
r~.r
R s- ea ~, R L ~, `° o R a o ~« ~
N
a O
c R O bD
3 ~ _ Z
~" c
~ '
C
~ L...: 0 a
•
R _
~~ ,O
00 = L 3 bD
~ E
~ ~
~> E O
d
~
00 h R d
a G y L
.. „
„i
~ `
.. ~
R ~ ~ = L ~ ~ ~ L ~ ~
Rrr O
G.. Z y. N h w Qr 00 'in t.. vi ~~
.• O G LL .• .-• •••
O
z 'C
R ~ CD
c L
U
_
o o
'° ;~
° =
~
., „ R .
V1 F' O U C
~ ~ i O
C ~C O = O
O O ~
O
R O O O
N
~
y
~
C eF ~
~_ ~ ..
:O
s .
c '~' w '[f a O
~ '[t ~ O
V ~ O
O ~
00 00 00
h ' 00 w 00 00
~ V y d w S
'~
~ =
L d V
~"'
-
C/~ ~ V
~ (/~ ~ V
W ~ L
6~ u
L
GL = dD .= to V
V Cn d
~ CA Q V
O r VI j
O
N
00
oc
O
C
R
O
DO
h
c
O
w
u
C
C
d
Q
y
O
_.
ate.'
C
O
fl
fl
R
C
V
L
R
C
O
R
a
d
R
O '~
O ~
O O
Q ~
O ~
C U
R ~
vi c
C .~
0 y
~+ c
u ?~
L Vl
n ~'
a
~ ~
K
u
u
C
C V
L
w
y o
~ c
o a°'i
~a
S y
J R
.~
t~
O~
L
v
G
0
00
z
..a L
a
W U
z
_~
~
. ~, ~ c _ E
O `u R
~
'
R
0
L
=
O
'~ O O
i
i
~ d
GJ i
h L p
w C~ z OD ~ ._. O R Q C .
. _G
i" J
6i
n
a C ~~ C S C C a~ i O p ... ~ R L u U ^.~
O = ~ 3 C R R rn 'v~L^ ~ v' _ ~ +,~,, >, C ~ OL ~ L = 'D ~
C
R 7 w 6!
y
'O ~ p ~ ~ R O ~ R ~ ~ ''Uj R ~ ~ O ~ ~ GUi ~ ~ d y ~ cC
Q CG ~ O ~ ~ z G.L. ~ R 'L O R 0. .+. R R 3 w 00 u a O 3
w
* R p
z
h
O L U
d =
d .a d
O y~.
U ~ R
~ L
L'
d L d O
O = 'O
Gi ~ O R
L
>, vi G +~
C ai
O p = ~ O
U ~ R R z
~ L
O
_ N u y y
~
O O G 'p a' _
Q i' 'v~
~
a
, w' ~ L ~ O
.
~
.
~,,
d
a a
'
-
u 8 a~
:
, ~
° o ,fl ° 3
~~ i o~ ~ L ~
3 w
LY. o~ = .~ d
'v> > a~ ~ ~ C = C v R O $ L, G d ea i-
L O CL > ~"" O w O 'C a> ,,..
d 'O p
'
'
'~ - a ~ ~ .
.
n ~ C ~ ~' y C 3 =
C = ~ i
L° d
R
=
~
~ .
. s
. i
L
U
G
W!
d
L _:
Q ,~....
'
O y w
C 4". ~=
.x d ~, C Q'
rG cry .-+ ~ ~
.w
Z
OD
.
~
z
7
K
R
w'
Q
~. 00 M z
w~ 6~
o OD t!' d0 R
w =
~.
w ~,:, w L _
O L L O .U R C
~
E°
~ O O G E d G ."
v ::
G u ~
o
d
~ O L
,,,, w N v
O 00 d u L w a~
~
.
~ ~ ~ ~ ~ ~ ~ p i ~ ~ ~ ~ i I
~z'~ .. ~a c ~ Gam.°_O GR CDC
I
L
O ~.
z ,, ~,
_
O R dD
u L
C Y
.~ C
~ ~ ~ ~o
y 67 N ~
S R O Vf 1/j
O O ~ ~
R O
~ ~
>> U
00
r
. .T. 00 L GO
.
O 00
~ OC y
~ 00
b0 w = u d u .a u
rn O ~ rig O ~n a ~
O
N_
R
00
00
'O
C
R
_o
00
00
O
u
d
C
O
d
.~
O
O
+.+
C
~_
9
R
C
.~
L
R
C
O
.~
O
OD
d
x
R
C O
O
~_
fl ~
fl d0
Q ~
fl N
C ~
R ~
vi C
.y
° _
«+ ~
u
aL+ y
Y.
~ ~
G x
o ~
-~ u
.. y
G
= L
d
~ O
L_ _
7 ~
z~
.~.
C y~
O .L
R ~
u
O
K i~
O`
L
.Q
~..
00
00
z
OC
O L
r~r
~r
~ s
W U
a
z/~
V
FBI
•-
_ -
~
a _ ',
~ ~
u ~ L
_ "J .O d
u
R L 'p ~ v C O
O _ d
u
ti
p~ d
L C
C V = R
_ U] 0.
' = _ "R' ~
~ lh
~
v ? a
..~ rn
~,
ac
y bD O
C~ R
= E
u O ,.
E R
C u
.a
~
L d0 R
C p ~
0 ~ ~ C
~ CL C V
V
= O ~_ = C R ~ U H
v .
DD G u
u .
~ c.. _ ~ ~ L ~ u ~ ~..
. y w R C~J 60i O L
~
%
Ul .
R L
C
~
~ d
r`
7 3 ~ C ~ 3 y
w
'~ _
,
L' O ...
'
~
C
~ .'
(
]
~a =' u u
9 O _
[
G
~ .^~ Z .
~
~ y ~
~
y L y
~p d
~~ R C ~
° d .R U
i R ..
3 a = R ... m
~ ~3 O ~ d ~
~ a
~ L
a U ts. O
e
~ R rA
~ d
Q fs; ~ u
~ CG E t
a ~ ~ t
1 . E
e
L
~
L. L
O
~ O 'a
# N R OR
H ~
~
y
L'
.~ C
•a ~ '
=
d V
i
c
O •L
y KIJ O V1 O" .'-~
O y O L' O
d d
E y
E
.y
~' LL L
G
v
z.~ Q
z
z
v C
z
- ~,
.~ 3 =_ o
'
~.~
~ _ nn
•> h
~ i
L 4. ~
r, ~
R
.~
A
M
~ _
`~ m
w y
~
~ .~,
C ~.
u E C
y
~~
0. _ ~
y
~
•
O t
/] ~ 'O ~ ',
= O •+-
C~3 ~ ~ d L ~ ~ 6L7
O Q.
~ L
F
. ~ ~ w
~ O 4~ ~ y
L
Q
~ CG
~ R
~ .~
~
L N
. ' '
V..
~.. ~
to • •
fl
w~
K~ y L
w u a
w
~ c
~R 'C
.. ~
G rn L CL
~ ~ Q
V] rn
~ rn C p
~ L 4.
r G of v,
N
~
iG
h ~ .• .
s ~+ s
.a °°
op
. c
~ ~ ~
t
~ ~+
~~i V1 .= R
.~ ~ ~O
i L:
R
~~rr
~G y
GL 4~. V A
N ~ V] w
00 W
~G Kp.
`7
C _
•
L~~-6>
G ~ _
~
.~ _ ~
~z•
Q
z
~ I
~ N ~
O R
z d v
a
O L
Lam'
D '
0.
.r
=
~ ~ z 0 C ~ /y
O V L' 1.4
t/] CG O O w O w, O y O
~ O hD O .R, O .R. O R O
~ ~ ~ ~ ~
~
= 0
0
R oo 0
0
aui oo 0
d 7 0
a oo
• y 0
0
m oo
• 0
0
.~ o0
~
d d •~
L 0J ~
d w d
6~ ~~ d
fl. d
rn a ~ a to to to to cn to ~ to ~
O
.N.
'~
R
0
00
oC
y
O
•u
d
.fl
::.
.~
H
O
.C
+.+
O
ri
O
y
a
R
e
.~
L
R
y
O
H
R
',
a~
V
R
O '~
fl ~
fl 00
Q ~
fl u
C ~
R ~
m =_
a ~
o =
u ~
L t/~
V ~
y G
a. °'
a"
o ~
~~
~d
~G
~~
a +-
~ o
L_ _
J 61
Y ~
n
C
O .
V ~
R C.
U
O
K #
C1
O~
L
.~
v
c.
N
~ ~
~ ~
r.r y,
CC
W V
~~..
V
r.~
i L H
u N
o O
'7 ^J O C ~ O ~
C C
.~
N C
N
•~
qc W U i U $~^~ ~ C/~
~
. G y
rn O d ^ ~ ~ ~ . '
r
u ' ~ : O
~.. C=J ~ GOi ~R d
~ d
~ y" u '~
G = O w
~ _
p
~ d X vi h fA
R C~ C a-. 3 u
C
R O cxe
~ ~ eRi
Q CG ~ v 'o u 'O Si z ~ M~ ~: Z O R
4i
u h
d
~
~ = R
=
~ L
d O L
~ U c ::
•f" ~ w OJ
~
O
~
N C. y ~
C L y 'U G
a
Q
U a ..~ R a z z
E
0 ~
= ~
R o
+
a
~ u
~ ~ :fl C
~ •x
s. ` 3 ~ ~ 3 c ~ ~ an
a
O' O u O L vi Z ."
_ "a
Oi
++
~ v, v ~L ~
_ O ~_
d L °' ~
QD d u
~ ~ C L' C e
L ..+ L
5 ^J
p
L' ' 67 R
..+ d = +
.+
d O
.y
J O~ Q o .. ~ o °
~ ~.
w:
p c..
L, ' u
L w
4.
w r. ~
~
O
O. C
~
d O
U C
N a
" '
•
Q
~ -
O ...
LG...w qp
C L O
O '~' u d
d L L' ~i y~ R y
~
E L. O 4. L' ~ ~ E ~ ~.+ ~
N C
R .~ ~ N y u R 3 ~= p Q
ai
u
C
++ R
pp R
~
~
y
,'; U
~ o0
c
~
~ a
o e
. N `D
~ Q w Q
~ ~
a z N z
~o ~
d
O- ~ u ~' Q
d
~ ~_ ~
O R ~ o
L ~j ^'
"'
',on N L d ~+ t
~Z'~ o°'.U Q.aood z
R
O
~ C
O
•
O O
~
~
~ o- o ~ o 0 0 ~
y L O
R O
~ .~ O
T C 00 00 00 C 00
r" a. oo = oo
R _ oo ~ o0
~ ~ v
F~ = u
~~ ie u
3~ = u
3~
0
!f
00
00
R
0
00
00
c
u
d
.~
O
.C
_O
C
y
R
e
~~
R
0
'~
CD
R
o ~
..
~ ~
~ ~
Q ~
fl u
a 61
R ~
y C
_ ._
o ~
V
u ~
v ~
~ H
T u
c '~
o W
v
.. y
C
C a
y L
~ O
L_ _
7 a~'i
6~ "'~$
~ ~
~ x
O
L
R R
u
0
~~
F~
O~
o.
.-~
L
C.
C>
00
SIGN REGULATIONS
Chapter 8.84
Sec. 8.84.050 Signs Subject To Permits. The following signs shall be allowed pursuant to the
permits required in the Zoning Districts as indicated in Matrix A (Section 8.84.030)
and shall be regulated as shown in Matrix B, (Section. 8.84.040) and as follows:
A. Awning Signs. Awning Signs shall be permitted in the same locations as wall signs and
shall be subject to the requirements of Section 8.84.110.
B. Bulletin Board. A bulletin board twenty four (24) square feet maximum area per side, is
permitted ten (10) feet from the front property line. One Bulletin Board Sign is permitted on
each property. A Bulletin Board Sign may have a maximum height of six (6) feet.
C. Coming Soon Signs. Coming Soon Signs, with a maximum height of eight (8) feet and a
maximum area of thirty-two(32) square feet, denoting the opening date, architect, engineer,
contractor, future business or lending agency when placed on the site of work under
construction. A maximum of two (2) Coming Soon Signs are permitted per construction site.
A Coming Soon Sign may only be placed after issuance of a building permit for the main
structure and must be removed upon final occupancy of the main structure.
D. Community Identification Signs. A Community Identification Sign may be permitted
pursuant to a Zoning Clearance, may have a maximum area of one hundred twenty (120)
square feet and may have a maximum height of twenty (20) feet. Sign illumination shall not
be intermittent and sign copy shall be limited to:
1. The name of the community.
2. Information relating to the service clubs active in the area.
3. Community slogans or mottoes.
4. Directional information.
E. Directional Tract Signs. Directional Tract Signs shall be approved pursuant to a Zoning
Clearance and must conform to all of the following requirements:
Up to two (2) Directional Tract Signs may be allowed for each subdivision or tract
map.
2. The signs shall be installed on private property.
3. The signs shall not interfere with the sight distance for motorists, pedestrians or
bicycle riders.
4. The signs shall not impede pedestrian circulation on sidewalks.
City of Dub/in Zoning Ordinance 84-14 September, 1997
SIGN REGULATIONS
Chapter 8.84
5. Signs shall be located a minimum of sixty (60} feet from an intersection.
The signs shall not be located within 660 feet of I-580 or I-680.
7. Sign copy shall advertise only the name and directions to the development.
8. The maximum height of the sign shall not exceed twelve (12) feet from finished
grade.
9. The maximum size of the sign shall not exceed thirty-two (32) square feet per side.
10. The applicant shall maintain the sign structure and the area surrounding the sign in
good condition and free of debris and weeds.
1 I . The sign structure shall be removed at the time that the last unit of a subdivision has
been sold.
12. The Applicant shall post a bond in a form and amount satisfactory to the Zoning
Administrator to assure timely removal of the sign.
13. The sign shall not be illuminated.
F. Electronic Readerboard Signs. An Electronic Readerboard Sign may be permitted as
either a Wall Sign or a Freestanding Sign subject to a Conditional Use Permit by the
Planning Commission pursuant to Chapter 8.100, Conditional Use Permit. Wall-mounted
Electronic Readerboard Signs shall comply with Section 8.84.1 l0, Regulations For Wall
Signs And Projecting Signs. Freestanding Electronic Readerboard Signs shall comply with
Section 8.84.120, Freestanding Sign General Regulations.
G. Freestanding Signs. Freestanding Signs are permitted per Section 8.84.120 and in Section
8.84.040 Matrix B.
H. Grand-Opening Signs. Grand-Opening Signs are permitted in any district other than the
Agricultural or Residential Districts when used for bona-fide grand-opening functions. The
sign is effective only within sixty (60) calendar days of a business' initial occupancy and may
be displayed for a period not in excess of thirty (30) consecutive calendar days. A Grand-
Opening Sign shall only be displayed on the site on which the grand-opening will occur.
I. Identification Signs. One Identification Sign is permitted per parcel in any district.
Identification Signs with a maximum area of twenty four (24) square feet per side may be
approved subject to a Zoning Clearance, unless an area of thirty-six (36) square feet per side
is permitted through the Site Development Review process. The height of Identification
Signs shall not exceed six (6) feet.
City of Dub/in Zoning Ordinance 84-15 September, 1997
SIGN REGULATIONS
Chapter 8.84
J. Office Building Master Identification Sign. An Office Building Master Identification Sign
may have a maximum height of eight (8) feet and a maximum area per side of twenty-five
(25) square feet. One Office Building Master Identification Sign is permitted per parcel. A
one hundred (100) foot minimum parcel frontage is required.
K. Off-Site Temporary For Sale Or Lease Signs. Off-site Temporary For Sale Or Lease
Signs are subject to the Zoning Clearance process.. Temporary For Sale or Lease Signs are
permitted subject to the following:
Signs shall not exceed a maximum area of sixteen (16) square feet per side.
2. One (1) such sign may be placed for each one hundred (100) feet of street frontage,
up to a maximum of two (2) signs per parcel.
3. All signs shall have a maximum height of eight (8) feet.
4. Signs shall only state that the property is for sale, lease or exchange by the owner or
his or her agent and the name, address and phone number of the agent and/or agency
and directions.
Off-site signs shall be in the immediate vicinity of the parcel, structure or
establishment advertised.
The premises advertised by an off-site sign must be located on a parcel of land
without direct access or frontage on an improved Public right-of--way.
All off-site signs shall be subject to standard requirements of the Zoning Clearance.
8. All signs shall be constructed of wood, plywood, metal or other rigid material.
9. No sign shall be placed on a private or public right-of--way.
City of Dub/in Zoning Ordinance 84-16 September, 1997
SIGN REGULATIONS
Chapter 8.84
L. Open-House Signs. Open-House Signs are permitted subject to the following special
provisions:
A maximum of four (4) open-house signs are permitted for each property being
advertised for sale. Such signage shall not be located within the public right-of--way
(which includes, but is not limited to, the sidewalk and the greenway between the
sidewalk and the curb) where such signage endangers the safety of persons or
property, disrupts the normal flow of vehicle or pedestrian traffic, blocks views of
such traffic, blocks ingress into or egress from any residence or place of business, or
restricts a sidewalk to less than thirty-two (32) inches. signage may be placed in a
landscaping strip between the roadway and the sidewalk.
2. signage is prohibited in public streets and the center divider strip and/or traffic
islands of public streets.
3. Signage is not to be adhered or attached to any public sign post, traffic signal or
utility pole.
4. Signs cannot be placed within a five (5) foot radius of a call box, fire hydrant or mail
box.
S. No more than eight (8) open-house signs shall be placed at any intersection. No
more than one (1) sign per property being advertised may be placed at an
intersection.
6. Signs cannot have additional tags, riders, streamers, balloons or other attachments.
7. The size of the sign shall not exceed four (4) square feet per side, and the height shall
not exceed three (3) feet above grade.
8. Open-house signs shall be permitted on holidays, Saturdays, Sundays and one agent
tour day each week from 10:00 a.m. through sunset.
9. The City shall be authorized to assess all necessary costs for the time spent by City
personnel, or its authorized agents, to remove illegally located open-house signs. In
cases of repeated violations of requirements dealing with open-house signs, rights to
locate new open-house signs in the City shall be forfeited.
10. Proper authorization by the affected private property owner shall be secured prior to
placement of signs on private property.
City of Dub/in Zoning Ordinance 84-17 September, 1997
SIGN REGULATIONS
Chapter 8.84
M. Pedestrian/Shingle Signs. The sign shall be:
Suspended from a canopy over a sidewalk directly in front of the door of the business
with a minimum of eight (8) foot vertical clearance.
2. Perpendicular to the business building wall.
3. Not more than five (5) square feet in area per side.
4. Limited to one (1) per business per building elevation.
N. Permanent Banner. A Permanent Banner shall be permitted pursuant to a Master Sign
Program approved by the Zoning Administrator which may display only the name or logo of
the shopping center or business. Such Permanent Banner shall be maintained in good
condition and shall be subject to semi-annual review. If found to be in poor maintenance,
such Permanent Banner shall be replaced or removed by the shopping center or business.
O. Projecting Signs. Projecting Signs are permitted per Section 8.84.110.C.
P. Service Station Display Structures. A Service Station Display Structure shall be
established by a Zoning Clearance and may only identify the name of the service station it
adjoins. Such structure shall have a maximum height of eight (8) feet and have a maximum
area of 16 square feet per side and may incorporate Service Station Price Signs. The area of
the Service Station Price Sign may be added to the area of a Service Station Display
Structure. A Service Station Display Structure shall be placed in a landscape planter which
should be of sufficient width, length and height to protect the base of the sign from damage
due to vehicular traffic.
Q. Service Station Price Signs. Service Station Price Signs indicating gasoline prices,
products offered for sale, methods of sale and types of available services offered are
permitted when accessory to an existing service station, provided:
1. One (1) price sign is permitted along each street frontage to a maximum of two (2)
price signs.
2. Each price sign shall have a heavy type face and be clearly visible from adjacent
streets and may have a maximum area of sixteen (16) square feet per side for service
stations offering three (3) fuel products; or a maximum area of twenty-four (24)
square feet per side for service stations offering four (4) or more fuel products.
3. The maximum sign height shall not exceed six (6) feet.
City of Dub/in Zoning Ordinance 84-18 September, 1997
SIGN REGULATIONS
Chapter 8.84
4. A price sign may be attached to, combined with and made part of a Service Station
Sign Display Structure pursuant to Section 8.84.OSO.P.
5. All signage conforms to the requirements of Business and Professions Code Section
13530 et. seq.
R. Special Easement Signs. A Special Easement Sign may be used in-lieu of a Freestanding
Sign to designate the name of a business or center. A Special Easement Sign shall be placed
within the immediate vicinity of the parcel upon which the business or center is located. The
premises said sign is designed to advertise must be located on a parcel of land without direct
access or frontage on an improved public right-of--way. Said properties must be
interconnected by a traversable vehicular roadway which is subject to anon-revocable, non-
exclusive recorded access easement. A Special Easement Sign shall be subject to a Zoning
Clearance. Special Easement Signs shall not be more than four (4) feet high and six (6) feet
long and shall have a maximum area of twenty-four (24) square feet per side. Special
Easement Signs shall be subject to compliance with Section 8.84.120, Freestanding Signs
General Regulations.
S. Temporary Promotional Signs. Temporary Promotional Signs permitted pursuant to a
Zoning Clearance may be placed on site for a maximum of thirty (30) consecutive calendar
days per permit when used for special promotional events. A minimum waiting period of
fifteen (15) consecutive calendar days between permits is required.
T. Tenant Directory Signs. A Tenant Directory Sign is permitted provided it shall not exceed
a maximum area of twelve (12) square feet.
U. Wall Signs. Wall Signs shall be permitted per Section 8.84.110.
V. Window Signs. Window Signs shall not exceed twenty-five percent (25%) of the
contiguous window area from which they are viewed.
8.84.060 Design Criteria
A. The Zoning Administrator shall consider the following factors in the review of the design of
each proposed sign:
Visibility and legibility (letter height and legibility, contrast-background relationship,
placement and location).
2. Impact of other immediate signs in terms of visibility, legibility, and scale.
3. Traffic conditions, including but not limited to, traffic safety and circulation,
visibility, road width, curb cuts, or driveway indentations, median, proximity of
City of Dub/in Zoning Ordinance 84-19 September, 1997
SIGN REGULATIONS
Chapter 8.84
major intersections, signals or stops, average traveling speed or any other natural
physical obstruction.
4. Night-time use considerations including intensity of illumination (of a sign being
reviewed, of other immediate signs and of other light sources such as street lights or
canopy lights), competition and interference of light sources and intrusion of light
into residential areas.
B. Each proposed sign shall be reviewed for conformity to the following criteria:
The sign shall relate to the architectural design of the building. An attractive scale
between the sign, the building and the immediate surrounding buildings and signs
shall be maintained.
2. To the extent feasible, a sign shall be graphic with design emphasis on simplicity,
style, trademark, business identification and symbol. Wording shall be an integral
part of the overall design.
3. All light sources shall be adequately diffused or shielded.
4. The sign's supporting structure shall be as small in density and as simple as is
structurally safe.
Multiple signing on a single-faced building shall be reviewed for coordination of all
signs architecturally and aesthetically.
6. Plastic-faced signs with white internally illuminated backgrounds are not permitted
except pursuant to a Zoning Clearance.
7. Neon, bare fluorescent tubes, or incandescent bulbs are not permitted except pursuant
to Site Development Review.
8. signage shall not obstruct pedestrian circulation.
8.84.070 Illumination. Illumination may be allowed on all signs upon the approval of the
Zoning Administrator, unless otherwise set forth in this Chapter. Floodlighting used
for the illumination of any sign shall be permitted only when such lighting is
installed on private property and is hooded or shielded so that the light source is not
visible from public streets, alleys, highways or adjoining properties.
8.84.080 Landscaping. Landscaping used in commercial areas where signage is proposed
will be of species which have growth habits which facilitate visibility of signage to
the greatest degree possible while still providing necessary shade and screening and
meeting all other requirements of this Chapter.
City of Dub/in Zoning Ofdinance 84-20 September, 1997
SIGN REGULATIONS
Chapter 8.84
8.84.090 A -Agricultural District -Signs Permitted. When located in an A District, and
subordinate to a lawful use, Business Signs not exceeding an aggregate area of ten
(10) square feet per side are permitted as shown in Matrix A (Section 8.84.030).
8.84.100 PD -Planned Development District -Signs Permitted. Type, size, location and
character of signs established in a PD District shall be in the form of a Master Sign
Program as stipulated by the Ordinance establishing the PD District. Modifications
to the adopted Master Sign Program may be considered by the Zoning Administrator
upon application for a Site Development Review pursuant to Chapter 8.104, Site
Development Review.
8.84.110 Regulations For Wall Signs And Projecting Signs.
A. General
1. Zoning Districts. These regulations shall apply in the C-N, C-O, C-1, C-2, M-P, M-
1 and M-2 Zoning Districts.
2. Computation Of Sign Area. The area of Wall and Projecting signs shall be
computed as the entire area within a single, continuous perimeter creating a polygon
of not more than eight (8) straight lines, a circle or an ellipse, or a combination of the
above enclosing the extreme limits of the sign together with any frame or other
material or color forming an integral part of the display or used to differentiate such
sign from the background against which it is placed, provided that in the case of a
sign with more than one exterior surface containing sign copy, the sign area shall be
computed as the sum of all exterior faces. Any structure, or part of a structure, which
departs from standard architectural procedures in an attempt to attract attention to the
premises by reason of color scheme, building shape or unusual architectural features
shall be considered sign area and is subject to all pertinent regulations. Those
portions of the supports, uprights ,base of a sign, or area used for street address, that
do not function as a sign shall not be considered as part of the sign area.
3. Extension Of Sign Above Ridge Roof-Line. No part of any Wall Sign or Projecting
Sign shall extend above the Roof-Line of the building elevation on which the sign is
displayed.
4. Maximum Sign Height. No Wall or Projecting Signs shall exceed two (2) feet, six
(6) inches where either a sign cabinet or individual letters are used. This standard
may be increased with a Site Development Review. Exceptions: A single wall sign
may be up to four (4) feet high if it is no more than four (4) feet wide and otherwise
conforms to the requirements of the Sign Regulations. A Wall or Projecting Sign
may be three (3) feet high if it is on the face of a building at least eighteen (18) feet
high.
City of Dub/in Zoning Ordinance 84-21 September, 1997
SIGN REGULATIONS
Chapter 8.84
5. Maximum Sign Length. No Wall Sign shall exceed a length of twenty-four (24)
feet. This standard may be increased with a Site Development Review.
6. Supporting Members Of Signs Minimized. Supporting members for Wall Signs
and Projecting Signs shall appear to be an integral architectural part of the building,
and any required bracing shall be minimized.
Number Of Building Frontages. Each business or tenant space may be permitted a
maximum of three (3) building frontages.
8. Frontage Allocation Not Transferable. In no case shall a sign or sign area
permitted on one frontage be transferred to another frontage.
9. Use of All Legal Existing Sign Cabinets on a Tenant Frontage. All legal existing
sign cabinets on a Tenant Frontage may be used by the tenant occupying the suites
behind the Tenant Frontage.
B. Wall Signs
1. Area Of Wall Signs. The area of wall signs for each business or tenant space shall
not exceed one (1) square foot of sign area for each lineal foot of Tenant Frontage
occupied by such business up to a maximum sign size of one hundred fifty (150)
square feet unless exceeded through approval of a Master Sign Program pursuant to
Section 8.84.130.
With a Site Development Review this standard may be increased to one and one-half
(1.5) square feet of sign area for each lineal foot of frontage occupied by such
business up to a maximum size of two hundred fifty (250) square feet.
2. Wall Signs on Buildings Distant From Street. A tenant space of a building which
is set back at least one hundred (100) feet or more from any street may increase the
Wall Sign area by twenty-five (25%) percent.
3. Wall Signs Parallel To Building Face. Attached wall signs shall be parallel with
the building face.
4. Wall Signs and Awning Signs Projecting From Face Of Wall. Wall signs shall
project not more than twelve (12) inches from a wall except that Wall Signs
projecting from twelve (12) inches to thirty (30) inches from the wall to which they
are attached are permitted with a Site Development Review. Awning Signs shall not
project more than thirty-six (36) inches from a wall except that Awning Signs
projecting more than thirty-six (36) inches from the wall to which they are attached
are permitted with a Site Development Review.
City of Dub/in Zoning Ordinance 84-22 September, 1997
SIGN REGULATIONS
Chapter 8.84
C. Projecting Signs
1. Clearance Of Projecting Signs. Projecting Signs shall have a clearance of eight (8)
feet above the ground and fourteen (14) feet above a driveway, alley, or other
vehicular access way. No such sign shall project into a public right-of--way.
2. Location Of Projecting Signs. Projecting Signs shall only be located on the middle
one-third of the front wall of a building. This requirement may be modified by
means of a Site Development Review.
3. Number of Projecting Signs. Only one Projecting Sign shall be permitted for each
business located on the site.
4. Projecting Sign Areas. A Projecting Sign shall have a maximum size of sixteen
(16) square feet per side unless increased pursuant to a Site Development Review.
5. Projecting Sign Projection Limit. Projecting Signs shall not extend from the front
wall to which they are attached more than eight (8) feet unless modified by a Site
Development Review.
8.84.120 Freestanding Sign General Regulations. A Freestanding Sign shall:
A. Be located in a planter of appropriate dimension. The design of the landscape planter should
be of sufficient width, length and height to protect the base of the sign from damage due to
vehicular traffic.
B. Not be located closer than fifty (50) feet from the right-of--way of an Interstate Freeway.
C. Be permitted at one or more of the main entrances pursuant to a Master Sign Program.
D. Be permitted to be located within required front, side or rear yard setback areas.
E. Indicate the building address or address range of the building and/or complex it serves.
F. Have a minimum clearance of fourteen (14) feet if the freestanding sign has an overhang
extending over a driveway, alley, or other vehicular access.
G. Not project into a public right-of--way.
H. Have a maximum height of 10 feet at the property line. The height may be increased .5 foot
for every foot the sign is set back from the nearest street frontage property line up to a
maximum of twenty (20) feet. A Freestanding Sign may be permitted to have a height of up
City of Dub/in Zoning Ordinance 84-23 September, 1997
SIGN REGULATIONS
Chapter 8.84
to thirty-five (35) feet with a Site Development Review. Heights above thirty-five (35) feet
may be permitted pursuant to a Master Sign Program.
Have a maximum area of I S square feet per side at the property line. The area may be
increased 2.5 square feet per side for each foot the sign is set back from the nearest street
frontage property line. The maximum size for a freestanding sign is one hundred and fifty
(150) square feet per side. A Freestanding Sign may have an area greater than one hundred
and fifty (150) square feet pursuant to a Master Sign Program.
J. Also be regulated as shown in Section 8.84.040, Matrix B.
K. Be limited to one Freestanding Sign per parcel unless more than one Freestanding Sign were
allowed pursuant to a Master Sign Program.
8.84.130 Master Sign Program/Site Development Review
A. New signage for a new retail, office or industrial complex on four (4) or more acres having a
gross floor area of 40,000 square feet or larger, a new automobile dealership, or any
buildings more than two (2) stories high shall be subject to a Master Sign Program/Site
Development Review to be reviewed by the Zoning Administrator pursuant to Chapter 8.104
Site Development Review. An existing or proposed retail, office or industrial complex (all
of the businesses in the complex or shopping center, not an individual business in a complex
or shopping center), automobile dealership or building more than two (2) stories high,
regardless of the size of the site on which it is located, may apply for a Master Sign
Program/Site Development Review to be reviewed by the Zoning Administrator.
B. A Master Sign Program may include more than one freestanding sign per parcel or other
deviations from the standards of this Chapter, provided that the Master Sign Program is
consistent with the provisions of Section 8.84.150 Prohibited Signs. In approving a Master
Sign Program, the Zoning Administrator shall make the following findings:
That the program's contribution to effective and attractive identification of
businesses, services and uses and the design quality of the site and surrounding area
will be superior to the quality that would result under the regulations and standards of
Section 8.84.040, Sign Development Regulations, Section 8.84.050, Signs Subject
To Permits, Section 8.84.110, Regulations For Wall Signs And Projecting Signs, and
Section 8.84.120, Freestanding Sign General Regulations; and
2. That all of the proposed signs of the retail, office or industrial complex, shopping
center, automobile dealership or building are compatible with the style or character
of existing improvements on the site and are well related to each other; and
3. That all of the proposed signage shall generally conform with the Design Criteria in
Section 8.84.060.
City of Dub/in Zoning Ordinance 84-24 September, 1997
SIGN REGULATIONS
Chapter 8.84
8.84.140 Exempt Signs. The following signs are exempt from obtaining a Sign Permit but
shall comply with all other regulations of this article:
A. Direction/Warning Signs. Signs displayed for the direction, warning or safety of the
public, including pedestrian and vehicular traffic, with eight (8) square feet maximum sign
area per sign, except pavement markings which are not so restricted as to maximum area.
B. Flags. The flag, pennant, or insignia of any charitable, educational, philanthropic, civic,
professional or religious organization.
C. Holiday Lights And Decorations. Holiday lights (if lighted) and decorations commonly
associated with any national, local or religious holiday erected no sooner than forty-five (45)
calendar days before the holiday and removed within fourteen (14) calendar days following
the holiday.
D. House Numbers And Name Plates. House numbers, name plate or identification of house
members (provided sign does not exceed two (2) square feet maximum area), mail box
identification, street names, "no-trespass" signs, and other warning signs.
E. Lottery Signs. Signs for the California State Lottery approved by the Lottery Commission
for display by Lottery Game Retailers.
F. Memorial Tablets. Memorial Tablets or signs identifying a benefactor, a location of
historical interest, or a statue or monument.
G. Murals/Artwork. Murals or other artistic paintings on walls, provided no logos, emblems
or other similar devices, sign copy or illustrations of activities associated with uses on the
premises or in the vicinity are included in the mural or painting.
H.
I.
Official Public Signs. All Official Public Signs as defined.
On-Site Temporary For Sale Or Lease Signs. All On-Site Temporary For Sale or Lease
Signs shall:
1. Not exceed a maximum area of sixteen (16) square feet per side.
2. Be limited to one (1) such sign placed for each one hundred (100) feet of street
frontage, up to a maximum of two (2) signs per parcel.
Have a maximum height of eight (8) feet.
City of Dub/in Zoning Ordinance 84-25 September, 1997
SIGN REGULATIONS
Chapter 8.84
4. State that the property is for sale, lease or exchange by the owner or his or her agent
and the name, address and phone number of the owner or agent and/or agency and
directions;
5. Be constructed of wood, plywood, metal or other rigid material; and
6. Not be placed on a private or public right-of--way.
J. Private Recreational Signs. Signs which are within private recreational property and which
cannot be seen from a public street or adjacent properties.
K. Temporary Political Signs. Temporary political signs provided they shall:
I. Be removed within 10 calendar days following the election.
2. Be placed on private property.
3. Be no more than sixteen (16) square feet per side in area per individual sign and up
to eighty (80) square feet of maximum aggregate area per lot.
4. Not be placed within the public right-of--way or within 660 feet of and visible from
the right of way of Interstate 580 or Interstate 680.
L. Vehicular Signs. A vehicle with Vehicular Signs affixed shall be parked on the property on
which the business is located, and as close as practical to the business it serves. The vehicle
shall not be used as a sign platform or for the sole purpose of attracting people to a place of
business.
City of Dub/in Zoning Ordinance 84-26 September, 1997
SIGN REGULATIONS
Chapter 8.84
8.84.150 Prohibited Signs. The following signs, or signs which contain the following
elements, are prohibited:
A. A-Frame Signs. Any A-Frame Sign, Portable Sign or Sandwich Board Sign.
B. Billboard Signs. Any Billboard Sign.
C. Blinking, Flashing Lights. Any sign having blinking, flashing or fluttering lights, or any
other illuminating device which has a changing light intensity, brightness or color.
D. Off-Site Advertising Signs. Off-site advertising signs except for Directional Tract Signs,
Community Identification Signs, Open-House Signs and Special Easement Signs.
E. Obscene Or Derogatory Signs. Any sign containing any obscene or derogatory matter.
F. On Public Property. Any sign located in public roadways rights of way, public sidewalks,
public roadway medians or on public property except the following:
1. An Official Public Sign.
2. An informational sign of a public utility or transit company regarding its poles, lines,
pipes, facilities or routes.
3. An emergency warning sign erected by the City or other public entity, a public utility
company, or contractor doing authorized or permitted work on public property.
4. An Open-House Sign.
G. Privately owned signs Resembling Traffic Signs. Any privately owned sign resembling
any public directional sign or traffic control device.
H. Reflective Signs. Signs using colors that contain reflective properties.
I. Rotating, Moving Signs. Any sign which rotates, moves, or contains moving parts or
depicts animation in any manner.
J. Signs Extending Above Roof Ridge. Any sign which extends above the roof ridge line or
parapet.
K. Signs That Are A Traffic Hazard. Any sign which create a traffic hazard to operators of
motor vehicles or any sign which obstructs or interferes with a motorist's vision of traffic
signals.
City of Dub/in Zoning Ordinance 84-27 September, 1997
SIGN REGULATIONS
Chapter 8.84
L. Signs With Visible Support Brackets. Any sign mounted on a sloping roof with visible
support brackets.
M. Sound Or Odor Emitting Signs. Any sign designed for emitting sound, odor or visible
matter.
N. Statuary Signs. Statuary when used for advertising purposes.
O. Temporary Signs. Temporary signs except as approved in conjunction with approved
signage for Grand-Opening, Permanent Banner and Temporary Promotional signs.
8.84.160 Compliance -Sign Permit Application Required. With the exception of Exempt
Signs as specified in Section 8.84.140 of this Chapter, no person shall place or erect a
sign in the City of Dublin without first having obtained approvals of applications as
required by Matrix A (Section 8.84.030). It shall not be necessary to obtain
approvals for routine maintenance or minor repairs or for repainting or changing of
painted or printed copy on an existing sign on which periodic change is customary.
8.84.170 Application -Contents. Application for a Sign Permit shall be made in writing
upon forms furnished by the Department of Community Development and shall
include the Property Owner's signature authorizing the application, and other
information determined by the Zoning Administrator.
8.84.180 Owner's Consent. No sign may be placed upon a property without the written
consent of the property owner.
8.84.190 Application -Approval.
A. The Zoning Administrator shall approve a Sign Permit Application only if he or she finds
that:
The sign and/or proposed location are not prohibited under section 8.84.150,
Prohibited Signs.
2. The sign is permitted under a specified section of this Chapter or under an Exception
granted pursuant to Section 8.84.200.
3. The sign is compatible in character and quality of design with the exterior
architecture of the premises and other structures in the immediate area.
4. The sign will. not materially reduce the visibility of existing conforming signs in the
area.
City of Dub/in Zoning Ordinance 84-28 September, 1997
SIGN REGULATIONS
Chapter 8.84
5. The sign, as proposed or modified, conforms to the Design Criteria specified in
Section 8.84.060, Design Criteria.
B. Applications for the Sign Permits shown in Section 8.84.030 Matrix A shall be subject to the
regulations, review, procedures, and appeal process set forth in the Zoning Ordinance.
8.84.200 Sign Exceptions. Upon application, the Zoning Administrator may grant a Sign
Exception to a regulation in this Chapter or, at the discretion of the Zoning
Administrator, the application may be referred to the Planning Commission. A Sign
Exception may be granted when the Zoning Administrator or the Planning
Commission makes the following findings based on evidence in the record:
A. The proposed Sign Exception conforms as closely as practicable to the regulations pertaining
to sign size, height, number and location; and
B. The proposed Sign Exception is consistent with the intent of providing attractive and
effective identification and other purposes of the sign regulations; and
C. Either:
1. Strict adherence to the sign regulations does not allow attractive and effective
identification of the site or practical functioning of the business because of the site's
location or configuration, or because the proposed business or use is obscured from
view by adjacent buildings and/or vegetation; or
2. The architectural style, materials or construction elements of the building are such
that a sign placed in conformance with this Chapter would conflict with other
aesthetic considerations.
D. The procedure for processing a Sign Exception shall be as set forth in Chapter 8.112,
Variance.
City of Dub/in Zoning Ordinance 84-29 September, 1997
SIGN REGULATIONS
Chapter 8.84
8.84.210 Non-Conforming Signs. All signs and their supporting members that were rendered
non-conforming by enactment of Ordinances 6-94 and 7-86, including signs
previously approved through a Variance and/or Conditional Use Permit process and
were not brought into compliance with the provisions of this Chapter on or prior to
three (3) years from the effective date of Ordinance 7-86 and thus became illegal,
and any signs made non-conforming by this Ordinance 6-94, shall be considered to
be legal non-conforming signs.
8.84.220 Illegal Signs Subject To Summary Removal. Signs and their supporting members
which meet any of the following criteria shall be considered illegal signs and shall be
subject to summary removal:
A. Any signs and their supporting members erected without first complying with all ordinances
and regulations in effect at the time of their construction, erection or use.
B. Any signs and their supporting members which were lawfully erected, but whose use has
ceased, or the structure upon which the signs are attached has been abandoned by its owner,
for a period of not less than ninety (90) days.
C. Any signs and their supporting members which have been more than fifty percent (50%)
destroyed, and the destruction is other than facial copy replacement, and the sign displays are
not repaired within thirty (30) days of the date of their destruction.
D. Any signs and their supporting members whose owners, except for a change of copy, request
permission to remodel and then remodel those sign displays, or expand or enlarge the
buildings or land uses upon which the sign displays are located, and the sign displays are
enlarged or otherwise made to be not in conformity with this Title by the construction,
enlargement or remodeling. Remodeled signs where the cost of construction, enlargement,
or remodeling of the sign displays exceeds fifty percent (50%) of the cost of reconstruction
of the building.
E. Any signs and their supporting members for which there has been an agreement between the
sign display owners and the City for their removal as of any given date and said signs have
not been removed by said date.
F. Any signs and their supporting members which are temporary.
G. Any signs and their supporting members which are a danger to the public or are unsafe.
H. Any signs and their supporting members which constitute a traffic hazard not created by
relocation of streets or highways or by acts by the City.
City of Dub/in Zoning Ordinance 84-30 September, 1997
SIGN REGULATIONS
Chapter 8.84
I. Any signs and their supporting members that were legally erected which later became non-
conforming as a result of the adoption of an ordinance, the amortization period for the
display provided by the Ordinance rendering the display non-conforming has expired, and
conformance has not been accomplished.
8.84.230 Inventory. All existing illegal on-premises signs and abandoned signs shall be
inventoried and identified as required by Business and Professions Code Section
5491.1. The inventory and identification shall commence within six (6) months from
the date of adoption of this Ordinance. Within sixty (60) days after the six-month
period, the City shall commence abatement of the identified preexisting illegal and
abandoned on-premises advertising displays..
8.84.240 Signs Located On Non-Conforming Buildings Within A Required Yard. Signs
shall be permitted on non-conforming buildings located wholly or partially within
required yard setback. [Ord. No. 7-86, May 1986; Ord. No. 18-88, September 1988]
8.84.250 Compliance -Decision Of Permitting Body. No building permit may be issued for
a sign until the decision of the permitting body approving the application is final.
Each sign shall be constructed and maintained in accordance with the terms and
conditions of approval.
8.84.260 Maintenance -Required. Each sign shall be maintained in a secure and safe
condition. If the Zoning Administrator is of the opinion that a sign is not secure,
safe, or in a good state of repair, he/she shall give written notice of this fact to the
person responsible for the maintenance of the sign. If the defect in the sign is not
corrected within the time permitted by the Zoning Administrator, the Zoning
Administrator may revoke the permit to maintain the sign and may remove the sign
in the manner provided in Section 8.84.280, Means Of Removal Of Illegal and/or
Non-Conforming Signs.
8.84.270 Illegal Signs -Summary Removal. Illegal signs may be removed in the manner
described in Business and Professions Code Sections 5499.1 et. seq. or in the
following manner:
A. The Zoning Administrator shall give written notice to the owner of the premises as shown in
the last equalized assessment roll, or as known to him or her, and to each person other than
the owner who appears to be in possession or control of the premises. The notice shall be
mailed by certified mail addressed to the premises where the violation exists and to the
property owner at the address shown on the last equalized assessment roll. The notice shall
contain the following:
A general description of the sign which is allegedly in violation.
2. A copy of the Section of this Chapter which is being violated.
City of Dub/in Zoning Ordinance 84-31 September, 1997
SIGN REGULATIONS
Chapter 8.84
3. A notice of time and place at which time the owner or the person responsible may
appear and present evidence as to the absence of a violation.
B. The Zoning Administrator shall hold a hearing at the time and place set forth in the notice.
At the hearing either the owner or the occupant of the premises, or both, may appear and be
heard.
C. If, at the conclusion of the hearing, the Zoning Administrator finds that a violation of this
Chapter is continuing to exist, then the Zoning Administrator may order the sign to be
summarily removed within a specified number of days. The Zoning Administrator shall give
notice that if the sign is not removed by the end of the period specified, the City will remove
it in accordance with Section 8.84.280, Means Of Removal Of Illegal and/or Non-
conforming Signs.
D. The notice provided pursuant to Subdivision A shall be appropriate given the type of sign
and circumstances but, in no event, shall it be less than five calendar days.
E. Each person who erects a sign which is subject to removal under this section is jointly and
severally liable for the cost of removal.
F. The City may dispose of the sign sixty (60) days after removal by giving the owner notice
that the owner may redeem the sign by paying the cost of removal, or if he or she fails to do
so, the City will dispose of the sign as it sees fit without further liability to the owner for this
action.
8.84.280 Means Of Removal Of Illegal AndlOr Non-Conforming Signs. Unless some other
method of removal is approved by the Zoning Administrator in writing, the removal
of illegal and/or non-conforming signs shall be accomplished in the following
manner:
A. Signs painted on buildings, walls, or fences shall be abated by the removal of the paint
constituting the sign or by painting over it in such a way that the sign shall not thereafter be
visible.
B. Other signs shall be abated by the removal of the sign, including its supporting members.
8.84.290 Violation -Nuisance-Abatement. A sign erected or maintained in violation of this
Chapter is a public nuisance, and the City Attorney shall, upon order of the City
Council, commence an action for the abatement thereof in the manner approved by
law. The City may take proceedings for the abatement of the nuisance and make the
cost of abatement a lien and special assessment against the property in accordance
with Government Code Sections 38773 or 38773.5. In addition, the cost of
abatement shall be a personal obligation of the property owner.
City of Dub/in Zoning Ordinance 84-32 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
CHAPTER 8.88 WATER-EFFICIENT LANDSCAPING
REGULATIONS
8.88.010 Purpose. The purpose of this Chapter is to:
A. Reduce irrigation water consumption with no decline in the physical and visual quality of
urban landscaping.
B. Establish a sufficient but flexible structure for designing, installing and maintaining
water-efficient landscapes in local projects.
8.88.020. Applicability.
A. The requirements of this Chapter shall apply to all building or development permits
issued after December 31, 1992, for:
All new and rehabilitated landscaping for public agency projects and private
development projects that require a development and/or building permit with new
or rehabilitated landscapes that meet the criteria of this Section, including but not
limited to industrial, commercial and recreational projects.
2. Developer-installed landscaping in single-family and multi-family projects.
B. The requirements of this Chapter do not apply to:
1. Homeowner-provided landscaping at existing and new single-family and multi-
family projects.
2. Cemeteries.
3. Registered historical sites.
4. Ecological restoration projects that do not require a permanent irrigation system.
Landscaping irrigated solely by reclaimed water and to which no potable pipeline
exists for irrigation purposes.
6. Any project with a landscaped area less than five thousand (5,000) square feet.
City of Dub/in Zoning Ordinance 88-1 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
8.88.030. Definitions. For the purposes of these regulations, certain words and phrases
shall be interpreted as set forth in this Chapter unless it is apparent from the
context that a different meaning is intended. Where any of the definitions in this
Chapter may conflict with definitions in Chapter 8.08, Definitions, the definitions
in this Chapter shall prevail for the purposes of this Chapter. The words used in
this Chapter shall have the meaning set forth as follows:
"Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold
water in the system so it minimizes drainage from the lower-elevation sprinkler heads.
"Application rate" means the depth of water applied to a given azea, usually measured in
inches per hour.
"Applied water" means the portion of water supplied by the irrigation system to the
landscape.
"Automatic controller" means a mechanical or solid state timer, capable of operating
valve stations to set the days and length of time of a water application.
"Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
"Certified landscape irrigation auditor" means an individual certified by the Irrigation
Association (a nationwide organization). The state of California provides training that is
certified by the Irrigation Association.
"City" means the City of Dublin.
"Conversion factor (0.62)" means a number that converts the maximum applied water
allowance from acre-inches per acre per year to gallons per squaze foot per year. The
conversion factor is calculated as follows:
(325,851 gallons/43,560 square feet)/
12 inches = (0.62)
325,851 gallons =one acre foot
43,560 squaze feet =one acre
12 inches =one foot
To convert gallons per year to 100-cubic-feet per year, another common billing unit for
water, divide gallons per year by 748. (748 gallons = 100 cubic feet.)
City of Dub/in Zoning Ordinance 88-2 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
"Development permit" means approval for any type of development or development
project as defined in Government Code Sections 65927 and 65928.
"District" means the Dublin San Ramon Services District.
"Ecological restoration project" means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
"Emitter" means drip irrigation fittings that deliver water slowly from the system to the
soil.
"Established landscape" means the point at which plants in the landscape have developed
roots into the soil adjacent to the root ball.
"Establishment period" means the first year after installing the plant in the landscape.
"Estimated applied water use" means the portion of the estimated total water use that is
derived from applied water. The estimated applied water use shall not exceed the
maximum applied water allowance. The estimated applied water use may be the sum of
the water recommended through the irrigation schedule, as referenced in Section
8.88.040.B.3.
"Estimated total water use" means the annual total amount of water estimated to be
needed to keep the plants in the landscaped area healthy. It is based upon such factors as
the local evapotranspiration rate, the size of the landscaped area, the types of plants, and
efficiency of the irrigation system as described in Section 8.88.040.B.4.
"ET adjustment factor" means a factor of 0.8, that, when applied to reference
evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major
influences upon the amount of water that needs to be applied to the landscape.
A combined plant mix with asite-wide average of 0.5 is the basis of the plant factor
portion of this calculation. The irrigation efficiency for purposes of the ET Adjustment
Factor is 0.625. Therefore, the ET Adjustment Factor (0.8) _ (0.5/0.625).
"Evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces
and transpired by plants during a specific time.
"Flow rate" means the rate at which water flows through pipes and valves (gallons per
minute or cubic feet per second).
"Hydrozone" means a portion of the landscaped area having plants with similar water
needs that are served by a valve or set of valves with the same schedule. A hydrozone
may be irrigated or nonirrigated. For example, a naturalized area planted with native
City of Dub/in Zoning Ordinance 88-3 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
vegetation that will not need supplemental irrigation once established is a nonirrigated
hydrozone.
"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water
per unit of time (inches per hour).
"Irrigation efficiency" means the measurement of the amount of water beneficially used
divided by the amount of water applied. Irrigation efficiency is derived from
measurements and estimates of irrigation system characteristics and management
practices. The minimum irrigation efficiency for purposes of this Chapter is 0.625.
Greater irrigation efficiency can be expected from well-designed and maintained systems.
"Landscape irrigation audit" means a process to perform site inspections, evaluate
irrigation systems, and develop efficient imgation schedules.
"Landscaped area" means the entire parcel less the building footprint, driveways,
nonirrigated portions of parking lots, hardscapes - such as decks and patios, and other
nonporous areas. Water features are included in the calculation of the landscaped area.
Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
"Lateral line" means the water delivery pipeline that supplies water to the emitters or
sprinklers from the valve.
"Main line" means the pressurized pipeline that delivers water from the water source to
the valve or outlet.
"Maximum applied water allowance" means, for design purposes, the upper limit of
annual applied water for the established landscaped area as specified in Section
8.88.040.B.2. It is based upon the area's reference evapotranspiration, the ET adjustment
factor, and the size of the landscaped area. The estimated applied water use shall not
exceed the maximum applied water allowance.
"Mulch" means any material such as leaves, bark, straw or other materials left loose and
applied to the soil surface for the beneficial purpose of reducing evaporation.
"Operating pressure" means the pressure at which a system of sprinklers is designed to
operate, usually indicated at the base of a sprinkler.
"Overhead sprinkler irrigation systems" means those with high flow rates (pop-ups,
impulse sprinklers, rotors, etc.).
"Overspray" means the water which is delivered beyond the landscaped area, wetting
pavements, walks, structures or other nonlandscaped areas.
City of Dub/in Zoning Ordinance 88-4 September, .1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
"Permit" means a building or development permit for a project which, as part of its scope,
involves the installation of new landscaping or rehabilitating an existing landscape.
"Plant factor" means a factor that, when multiplied by reference evapotranspiration,
estimates the amount of water used by plants. For purposes of this Chapter, the average
plant factor of low water using plants ranges from 0 to 0.3, for average water using plants
the range is 0.4 to 0.6, and for high water using plants the range is 0.7 to 1.0.
"Rain-sensing device" means a system which automatically shuts off the irrigation
system when it rains.
"Record drawing" or "as-builts" means a set of reproducible drawings which shows
significant changes in the work made during construction and which is usually based on
drawings marked up in the field and other data furnished by the contractor.
"Recreational areas" means areas of active play or recreation such as sports fields,
schoolyards, picnic grounds or other areas with intense foot traffic.
"Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or
recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation;
not intended for human consumption.
"Reference evapotranspiration" or ETo" means a standard measurement of environmental
parameters which affect the water use of plants. ETo is given in inches per day, month,
or year as represented in Section 8.88.060, and is an estimate of the evapotranspiration of
a large field of four inches (4") to seven inches (7") tall, cool-season grass that is well
watered. Reference evapotranspiration is used as the basis of determining the maximum
applied water allowances so that regional differences in climate can be accommodated.
"Rehabilitated landscape" means any relandscaping project that requires a permit.
"Runoff" means water which is not absorbed by the soil or landscape to which it is
applied and flows from the area. For example, runoff may result from water that is
applied at too great a rate (application rate exceeds infiltration rate) or when there is a
severe slope.
"Soil moisture-sensing device" means a device that measures the amount of water in the
soil.
"Soil texture" means the classification of soil based on the percentage of sand, silt and
clay in the soil.
"Sprinkler head" means a device which sprays water through a nozzle.
City of Dub/in Zoning Ordinance 88-5 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
"Static water pressure" means the pipeline or municipal water supply pressure when
water is not flowing.
"Station" means an area served by one valve or by a set of valves that operate
simultaneously.
"Turf' means a surface layer of earth containing mowed grass with its roots. Annual
bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-
season grasses. Bermudagrass, Kikuyugrass, Seashore paspalum, St. Augustinegrass,
Zoysiagrass and Buffalo grass are warm-season grasses.
"Valve" means a device used to control the flow of water in the irrigation system.
"Water conservation concept statement" means aone-page checklist and a narrative
summary of the project as shown in Section 8.88.040.B.
8.88.040 Provisions for new or rehabilitated landscapes.
A. Landscape Documentation Package.
A copy of the landscape documentation package conforming to this Chapter shall
be submitted to the City. No development or building permit shall be issued until
the City reviews and approves the landscape documentation package.
2. A copy of the approved landscape documentation package shall be provided to the
property owner or site manager along with the record drawings and any other
information normally forwarded to the property owner or site manager.
3. A copy of the water conservation concept statement and the certificate of
substantial completion shall be sent by the project manager to the City and to the
local retail water purveyor, the Dublin San Ramon Services District, prior to the
fmal sign-off of the permit by the City.
4. Each landscape documentation package shall include the following elements,
which are described in Section 8.88.040.B:
a. Water conservation concept statement;
b. Calculation of the maximum applied water allowance;
c. Calculation of the estimated applied water use;
d. Calculation of the estimated total water use;
e. Landscape design plan;
f. Irrigation design plan;
g. Irrigation schedules;
h. Maintenance schedule;
City of Dub/in Zoning Ordinance 88-6 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
i. Landscape irrigation audit schedule
j. Grading design plan;
k. Soil analysis (if applicable);
1. Certificate of substantial completion (to be submitted after installation of
the project.)
B. Elements of Landscape Documentation Package.
1. Water Conservation Concept Statement. Each landscape documentation
package shall include a cover sheet, referred to as the water conservation concept
statement. The City will provide a sample statement. It shall serve as a checklist
to verify that the elements of the landscape documentation package have been
completed and have a narrative summary of the project.
2. The Maximum Applied Water Allowance.
a. A project's maximum applied water allowance shall be calculated using
the following formula:
MAWA = (ETO) (0.8) (I..A) (0.62), where:
MAWA =maximum applied water allowance (gallons per year)
Eto =reference evapotranspiratoin (inches per year)
0.8 = ET adjustment factor
LA =landscaped area (square feet)
0.62 =conversion factor (to gallons per square foot)
b. Portions of landscaped areas in public and private projects such as parks,
playgrounds, sports fields, golf courses or schoolyazds where turf provides
a playing surface or serves other recreational purposes aze considered
recreational areas and may require water in addition to the maximum
applied water allowance. A statement shall be included with the landscape
design plan, designating recreational areas to be used for such purposes
and specifying any needed amount of additional water above the
maximum applied water allowance.
3. Estimated Applied Water Use.
a. The estimated applied water use shall not exceed the maximum applied
water allowance.
b. A calculation of the estimated applied water use shall be submitted with
the landscape documentation package. It may be calculated by summing
the amount of water recommended in the irrigation schedule.
City of Dub/in Zoning Ordinance 88-7 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
4. Estimated Total Water Use. A calculation of the estimated total water use shall
be submitted with the landscape documentation package. The estimated total
water use may be calculated by summing the amount of water recommended in
the irrigation schedule or calculate from the following formula;
The estimated total water use for the entire landscaped area equals the sum of the
estimated water use of all hydrozones in that landscaped area.
EWU (hydrozone) _ (Eto) (PF) (HA) (.62)
(IE)
EWU (hydrozone) =estimated water use
(gallons per year)
Eto =reference evapotranspiration (inches
per year)
PF =plant factor
HA = hydrozone area (square feet)
(.62)= conversion factor
IE =irrigation efficiency
5. Landscape Design Plan. A landscape design plan meeting the following
requirements shall be submitted as part of the landscape documentation package.
a. Plant Selection and Grouping.
Any plants may be used in the landscape, providing the estimated
applied water use recommended does not exceed the maximum
applied water allowance and that the plants meet the specifications
set forth in Sections 8.88.040.B.2 through 5 of this Chapter.
2. This Chapter adopts by reference the plants listed in Water
Conserving Plants and Landscapes for the Bay Area, published by
the East Bay Municipal Utility District, and for determining water
usage, the plants listed in the WUCOLS PROJECT (Water Use
Classification of Landscape Species) developed by the University
of California Cooperative Extension.
3. Plants having similar water use shall be grouped together in
distinct hydrozones.
4. Plants shall be selected appropriately based upon their adaptability
to the climatic, geologic and topographical conditions of the site.
Protection and preservation of native species and natural areas is
City of Dub/in Zoning Ordinance 88-8 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
encouraged. The planting of trees is encouraged wherever it is
consistent with the other provisions of this Chapter.
S. Fire prevention needs shall be addressed in areas that are fire-
prone. Information about fire-prone azeas and appropriate
landscaping for fire safety is available from the Alameda County
Fire Authority or the California Department of Forestry.
b. Water Features.
1. Recirculating water shall be used for decorative water features.
2. Pool and spa covers aze encouraged.
c. Landscape Design Plan Specifications. The landscape design plan shall be
drawn on project base sheets at a scale that accurately and cleazly
identifies:
1. Designation of hydrozones;
2. Landscape materials, trees, shrubs, groundcover, turf and other
vegetation. Planting symbols shall be cleazly drawn and plants
labeled by botanical name, common name, container size, spacing
and quantities of each group of plants indicated;
3. Property lines and street names;
4. Streets, driveways, walkways and other paved azeas;
S. Pools, ponds, water features, fences and retaining walls;
6. Existing and proposed buildings and structures including elevation
view if applicable;
7. Natural features including but not limited to rock outcropppings,
existing trees, shrubs that will remain;
8. Tree staking, plant installation, soil prepazation details, and any
other applicable planting and installation details;
9. A calculation of the total landscaped azea in relation to the project
site and a calculation of total turf azea in relation to the landscaped
area;
10. Designation of recreation azeas.
6. Irrigation Design Plan. An irrigation design plan meeting the following
conditions shall be submitted as part of the landscape documentation package.
a. Imgation Design Criteria.
1. Runoff and Overspray. Soil types and infiltration rate shall be
considered when designing irrigation systems. All irrigation
systems shall be designed to avoid runoff, low head drainage,
City of Dub/in Zoning Ordinance 88-9 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
overspray or other similaz conditions where water flows onto
adjacent property, nonirrigated areas, walks, roadways or
structures. Proper irrigation equipment and schedules, including
features such as repeat cycles, shall be used to closely match
application rates to infiltration rates, therefore minimizing runoff.
Special attention shall be given to avoid runoff on slopes and to
avoid overspray in planting azeas with a width less than ten feet
(10'), and in median strips. No overhead sprinkler irrigation
systems shall be installed in median strips less than ten feet (10')
wide
2. Irrigation Efficiency. For the purpose of determining the
maximum applied water allowance, irrigation efficiency is
assumed to be 0.625. Imgation systems shall be designed,
maintained and managed to meet or exceed 0.625 efficiency.
3. Equipment.
Water Meters: Separate landscape water meters shall be installed
for all projects except for single-family homes.
Controllers: Automatic control systems shall be required for all
irrigation systems and must be able to accommodate all aspects of
the design.
Valves: Plants which require different amounts of water shall be
irrigated by separate valves. If one valve is used for a given azea,
only plants with similar water use shall be used in that azea. Anti-
drain (check) valves shall be installed in strategic points to
minimize or prevent low-head drainage.
Sprinkler Heads: Heads and emitters shall have consistent
application rates within each control valve circuit. Sprinkler heads
shall be selected for proper area coverage, application rate,
operating pressure, adjustment capability and ease of maintenance.
Rain-Sensing Override Devices: Rain-sensing override devices aze
recommended for all imgation systems.
Soil Moisture-Sensing Devices: It is recommended that soil
moisture-sensing device be considered where appropriate.
City of Dub/in Zoning Ordinance 88-10 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
b. Recycled Water.
The installation of recycled water irrigation systems (dual
distribution systems) shall be required to allow for the current and
future use of recycled water, unless a written exemption has been
granted as described in Section 8.88.040.B.6.b.2 of this Chapter.
2. Irrigation systems shall make use of recycled water unless a written
exemption has been granted by the District, stating that recycled
water meeting all health standards is not available and will not be
available in the foreseeable future for this particular site.
3. The recycled water irrigation systems shall be designed and
operated in accordance with all local and state codes.
Irrigation Design Plan Specifications. Irrigation systems shall be designed
to be consistent with hydrozones. The irrigation design plan shall be
drawn on project base sheets. It shall be separate from, but use the same
format as, the landscape design plan. The scale shall be the same as that
used for the landscape design plan described in Section 8.88.040.B. The
irrigation design shall accurately and clearly identify:
1. Location and size of separate water meters for the landscape, if
applicable;
2. Location, type and size of all components of the irrigation system,
including automatic controllers, main and lateral lines, valves,
sprinkler heads, moisture-sensing devices, rain switches, quick
couplers and backflow prevention devices;
3. Static water pressure at the point of connection to the public water
supply;
4. Flow rate (gallons per minute), application rate (inches per hour)
and design operating pressure (psi) for each station;
~. Recycled water irrigation systems as specified in Section
8.88.040.B.6.b.
City of Dub/in Zoning Ordinance 88-11 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
7.
Irrigation Schedules. Irrigation schedules satisfying the following conditions
shall be submitted as part of the landscape documentation package.
a. An annual irrigation program with monthly irrigation schedules shall be
required for the plant establishment period, for the established landscape,
and for any temporarily irrigated areas.
b. The irrigation schedule shall:
1. Include run time (in minutes per cycle), suggested number of
cycles per day, and frequency of irrigation for each station; and
2. Provide the amount of applied water (in hundred cubic feet,
gallons, or in whatever billing units the District uses)
recommended on a monthly and annual basis.
8.
c. The total amount of water for the project shall include water designated in
the estimated total water use calculation plus water needed for any water
features, which shall be considered as a high water using hydrozone.
d. Recreational areas designated in the landscape design plan shall be
highlighted and the irrigation schedule shall indicate if any additional
water is needed above the maximum applied water allowance because of
high plant factors (but not due to irrigation inefficiency).
e. Whenever possible, irrigation scheduling shall incorporate the use of
evapotranspiration data such as those from the California Irrigation
Management Information System (CIMIS) weather stations to apply the
appropriate levels of water for different climates.
f. Whenever possible, landscape irrigation shall be scheduled between nine
p.m.(9:00 p.m.) and seven a.m. (7:00 a.m.) to avoid irrigating during times
of high wind or high temperature.
Maintenance Schedules. A regular maintenance schedule satisfying the
following conditions shall be submitted as part of the landscape documentation
package:
a. Landscapes shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include but not be limited to checking,
adjusting and repairing irrigation equipment; resetting the automatic
controller; aerating and dethatching turf areas; replenishing mulch;
fertilizing; pruning, and weeding in all landscaped areas.
City of Dub/in Zoning Ordinance 88-12 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
b. Whenever possible, repair of irrigation equipment shall be done with the
originally specified materials or their equivalents.
9. Landscape Irrigation Audit Schedules. A schedule of landscape irrigation
audits, for all but single-family residences, satisfying the following conditions
shall be submitted to the City as part of the landscape documentation package.
a. At a minimum, audits shall be in accordance with the State of California
Landscape Water Management Program as described in the Landscape
Irrigation Auditor Handbook, the entire document, which is incorporated
by reference. (See Landscape Irrigation Auditor Handbook (June 1990)
version 5.5 (formerly Master Auditor Training), or as may be updated.)
b. The schedule shall provide for landscape irrigation audits to be conducted
by State-certified landscape irrigation auditors at least once every five (5)
years and submitted to the local water purveyor, the Dublin San Ramon
Services District.
10. Grading Design Plan. Grading design plans satisfying the following conditions
shall be submitted as part of the landscape documentation package.
a. A grading design plan shall be drawn on project base sheets. It shall be
separate from but use the same format as the landscape design plan.
b. The grading design plan shall indicate finished configurations and
elevations of the landscaped area, including the height of graded slopes,
drainage patterns, pad elevations and finish grade.
11. Soils.
a. A soil analysis for projects with landscaping over twenty thousand
(20,000) square feet satisfying conditions 1, 2 and 3 shall be prepared by a
licensed soils lab or analyst and shall be submitted as part of the landscape
documentation package.
Determination of soil texture, indicating the percentage of organic
matter;
2. An approximate soil infiltration rate (either measured or derived
from soil extra/infiltration rate tables). A range of infiltration rates
shall be noted where appropriate;
3. Measure of pH, and total soluble salts.
City of Dub/in Zoning Ordinance 88-13 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
b. For projects with landscaping under twenty thousand (20,000) square feet
(unless a soils analysis has been undertaken), soil shall be amended using
six (6) cubic yards of nitrified soil conditioner per one thousand (1,000)
square feet incorporated into the top six inches (6") of soil.
c. A mulch of at least three inches (3") shall be applied to all planting areas
except turf.
12. Certification.
a. Upon completing the installation of the landscaping and the irrigation
system, an irrigation audit shall be conducted by a certified landscape
imgation auditor prior to the final field observation. (See Landscape
Irrigation Auditor Handbook as referenced in Section 8.88.040.B.9).
b. A licensed landscape architect or contractor, certified imgation designer,
or other licensed or certified professional in a related field shall conduct a
final field observation and, prior to occupancy of the building or
establishment of use of property, shall provide a certificate of substantial
completion to the City. The certificate shall specifically indicate that
plants were installed as specified, that the irrigation system was installed
as designed, and that an irrigation audit has been performed, along with a
list of any observed deficiencies.
c. Certification shall be accomplished by completing a certificate of
substantial completion and delivering it to the City, to the retail water
supplier, and to the owner of record. The City will provide a sample
certificate form.
C. Public Education.
1. Publications. Information about the efficient use of landscape water is available
to water users throughout the community from the District.
2. Model Homes. At least one (1) model home that is landscaped in each project
consisting of eight (8) or more homes shall demonstrate via signs and information
the principles of water-efficient landscapes described in this Chapter.
a. Signs shall be used to identify the model as an example of a water-
efficient landscape and featuring elements such as hydrozones, irrigation
equipment and others which contribute to the overall water-efficient
theme.
City of Dub/in Zoning Ordinance 88-14 September, 1997
WATER EFFICIENT LANDSCAPING REGULATIONS
Chapter 8.88
b. Information shall be provided by the project developer about designing,
installing, and maintaining water-efficient landscapes.
8.88.050 Provisions for existing landscapes.
A. Water Management. All existing landscaped areas in the City that are one (1) acre or
more, including golf courses, green belts, common areas, multifamily housing,
businesses, parks, cemeteries and publicly owned landscapes shall perform a landscape
irrigation audit at the property owner's request at least every five (5) years. At a
minimum, the audit shall be in accordance with the California Landscape Water
Management Program as described in the Landscape Irrigation Auditor Handbook ,the
entire document which is incorporated by reference. (See Landscape Irrigation Auditor
Handbook, Department of Water Resources, Water Conservation Office (June 1990)
version 5.~, or as may be updated.) Results shall be presented to the District for review.
Recognition of projects that stay within the maximum applied water allowance is
encouraged.
B. Water Waste Prevention. Water waste prevention shall fall under the authority of the
District.
8.88.060 Reference evapotranspiration. Reference evapotranspiration in inches
(historical data, extrapolated from twelve (12) month normal year Eto maps and
U.C. publication 21426} is as follows:
County City Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Annual
ETo
Alameda Livermore 1.2 1.5 2.9 4.4 5.9 6.6 7.4 6.4 5.3 3.2 1.5 0.9 47.2
Oakland 1.5 1.5 2.8 3.9 5.1 5.3 6.0 5.5 4.8 3.1 1.4 0.9 41.8
City of Dublin Zoning Ordinance 88-15 September, 1997
PERMIT PROCEDURES
Chapter 8.96
CHAPTER 8.96 PERMIT PROCEDURES
8.96.010 Purpose. The purpose of this Chapter is to establish general Permit
procedures.
8.96.020 Procedures. The following procedures are applicable to Permits under this
Title. Where a conflict occurs between procedures in this Chapter and those of
a particular Permit, the procedures applicable to that Permit shall apply:
A. Conditions of Approval. Where applicable, the decisionmaker may impose
conditions to ensure that a Permit will be in accordance with Title 8 and the findings
required for that Permit, that it will be consistent with the General Plan and applicable
Specific Plans, and that it implements CEQA mitigations.
B. Evidence in support of required findings. All findings required to be made for
approval of Permits shall be supported by substantial evidence. It shall be the
applicant's responsibility to provide facts and evidence to support the required
findings.
C. Referral. Where an application is referred to another Decision-maker, the following
provisions shall apply:
1. Referral to Zoning Administrator and Planning Commission. At any point
in the project review process the Director of Community Development may
transfer original hearing jurisdiction to the Zoning Administrator and Planning
Commission at his/her discretion because of policy implications, unique or
unusual circumstances, or the magnitude of the project.
2. Referral to Planning Commission. At any point in the project review process
the Zoning Administrator may transfer original hearing jurisdiction to the
Planning Commission at his/her discretion because of policy implications,
unique or unusual circumstances, or the magnitude of the project.
3. Referral to City Council. At any point in the project review process the
Planning Commission may transfer original hearing jurisdiction to the City
Council at its discretion because of policy implications, unique or unusual
circumstances, or the magnitude of the project.
4. Consideration. The decision-maker being referred to may consider the
approval, conditional approval, or denial of a permit, related amendments, and
time extensions of permits.
5. Noticed Public Hearing. When a permit is referred to a body, the referred
permit shall be considered at a noticed public hearing.
City of Dub/in Zoning Ordinance 96-1 September, 1997
PERMIT PROCEDURES
Chapter 8.96
6. Final Action. Final action shall be taken by the decision-maker referred to.
7. Referral Is Not An Appeal. A referral to another decision-maker is not an
appeal and requires no appeal application fee.
8. No Appeal Of Decision To Refer/Referral May Not Be Returned To The
Referring Body. There shall be no appeal of a decision to refer an item to
another decision-maker, and the item may not be returned to the referring body
for final action.
D. Permit Expiration. Construction or use shall commence within one (1) year of
Permit approval, or the Permit shall lapse and become null and void. Commencement
of construction or use means the actual construction or use pursuant to the permit
approval, or, demonstrating substantial progress toward commencing such
construction or use. If there is a dispute as to whether the Permit has expired, the City
may hold a noticed public hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in appropriate circumstances.
If a Permit expires, a new application must be made and processed according to the
requirements of this Ordinance.
E. Time Extension. The original approving decision-maker may, upon the Applicant's
written request for an extension of approval prior to expiration, and upon the
determination that any Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met, grant a time extension of
approval for a period not to exceed 6 months. All time extension requests shall be
noticed and a public hearing or public meeting shall be held as required by the
particular Permit.
F. Permit To Run With The Land. A Permit granted pursuant to the provisions of this
Title shall run with the land and shall continue to be valid upon a change of ownership
of the site, business, service, use or structure which was the subject of the Permit
application.
G. Development Of Building Site. The development of a building site, including but
not limited to construction of structures and improvements, and grading, shall comply
with any applicable Permit approval(s) including but not limited to approved plans and
details, and any conditions of approval; and shall comply with the requirements of this
Title.
H. Effective Date. Ministerial actions are not appealable and are effective immediately.
Discretionary actions are appealable and are effective ten (10) days after approval.
City of Dub/in Zoning Ordinance 96-2 September, 1997
PERMIT PROCEDURES
Chapter 8.96
I. Revocation. Where a permit is to be revoked, the following provisions shall apply:
Consideration. The decision-maker or body which approved the permit may
consider the revocation of the permit.
2. Noticed Public Hearing. The decision to revoke a Permit granted pursuant to
the provisions of this Title shall be considered at a noticed public hearing. The
Public Notice shall be given as required by Chapter 8.132, Notice and
Hearings.
3. Findings. A decision to revoke a Permit may be made if any one of the
following findings can be made:
a. That the circumstances since the permit was approved have changed so
that one or more of the findings required for the particular permit can
no longer be made.
b. That the permit was obtained by misrepresentation or fraud.
c. That the use or project for which the Permit was granted had ceased or
was suspended for 12 or more consecutive calendar months.
d. That one or more of the conditions of the permit have not been met.
That the use or project is in violation of any statute, ordinance, law, or
regulation.
f. That the use or project permitted by the permit is detrimental to the
public health, safety or welfare or constitutes a nuisance.
J. Violation. Once a permit is effective, any and all of the conditions specified in the
approval shall become operative and the violation of any of them shall constitute a
violation of this Chapter.
K. Effect Of Denial. Upon denial of a Permit, and if the decision is not reversed through
appeal pursuant to Chapter 8.136, Appeals, no further application for a permit for the
same use on the same property shall be filed for a period of one year from the date of
denial, except where the original decision-maker or body which denied the permit
gives permission for such filing or if the Permit was denied without prejudice.
Permission to re-f le shall be granted only if the applicant can show a substantial
change of circumstances or conditions from those existing at the time of such previous
denial. Are-filed application shall be processed in the same manner as a new
application.
City of Dub/in Zoning Ordinance 96-3 September, 1997
CONDITIONAL USE PERMIT
Chapter 8.100
CHAPTER 8.100 CONDITIONAL USE PERMIT
8.100.010 Purpose. The purpose of this Chapter is to establish a procedure for conditionally
approving or denying land uses, including related structures, that aze not cleazly
permitted or prohibited because of their unique nature. Such uses and related
structures would only be approved if their effect on the surrounding environment
can be made acceptable through the application of conditions of approval.
8.100.020 Uses Requiring a Conditional Use Permit. The uses and related structures
requiring a Conditional Use Permit shall be limited to those in Chapter 8.12,
Zoning Districts And Allowable Uses Of Land, for each zoning district, and
elsewhere in this Ordinance.
8.100.030 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and/or
deposit and such materials as are required by the Director of Community
Development.
8.100.040 Notice and Hearings. Conditional Use Permit applications shall be considered at
a public hearing with notice pursuant to Chapter 8.132, Notice and Hearings.
8.100.050 Concurrent Consideration. When a Conditional Use Permit is required for a
project which is also subject to a Zoning Ordinance Amendment, Specific Plan,
Specific Plan Amendment, or General Plan Amendment, it shall be approved,
conditionally approved, or denied by the same decision-maker or body for those
actions.
8.100.060 Required Findings. The following findings shall all be made in order to approve
a Conditional Use Permit:
A. The proposed use and related structures is compatible with other land uses, transportation
and service facilities in the vicinity.
B. It will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and welfaze.
C. It will not be injurious to property or improvements in the neighborhood.
D. There are adequate provisions for public access, water, sanitation, and public utilities and
services to ensure that the proposed use and related structures would not be detrimental to
the public health, safety, and welfare.
E. The subject site is physically suitable for the type, density and intensity of the use and
related structures being proposed.
City of Dub/in Zoning Ordinance 100-1 September, 1997
CONDITIONAL USE PERMIT
Chapter 8.100
F. It will not be contrary to the specific intent clauses, development regulations, or
performance standards established for the zoning district in which it is located.
G. It is consistent with the Dublin General Plan and with any applicable Specific Plans.
8.100.070 Action. The decision-makers for Conditional Use Permits shall be the Zoning
Administrator or the Planning Commission, as specified in the Land Use Matrix
in Chapter 8.12, Zoning Districts And Permitted Uses Of Land. The Planning
Commission or the Zoning Administrator shall hold a public hearing, and after the
public hearing is closed may, based on evidence in the public record, and the
findings above, approve, conditionally approve, or deny a Conditional Use Permit
by resolution.
8.100.080 Amendments.
A. Minor Amendment. The Community Development Director or his/her designee shall
determine that a minor amendment to a Conditional Use Permit is in substantial
conformance with the Conditional Use Permit if it is a minor project as described below,
is Categorically Exempt from the California Environmental Quality Act, and is consistent
with the conditions of approval for the permit. It is not the intent of this Chapter that a
series of Minor Amendments be used to circumvent the need for a new Conditional Use
Permit. A minor project shall include any of the following:
1. The cumulative physical expansion of any structure approved in the original
Conditional Use Permit by no more than 1,000 square feet.
2. The expansion or intensification of use by no more than 10% of the original use.
3. Relocation of a use within the same property or structure.
4. A maximum 25% increase or decrease in hours of operation.
B. .Other Amendments. The process for amending a Conditional Use Permit shall be the
same as the process for approving a Conditional Use Permit except that the decision-
maker for such Conditional Use Permit shall be the same decision-maker that ultimately
approved the Conditional Use Permit including any approval on appeal, or by referral.
8.100.090 Building Permits. Building Permits shall not be issued except in accordance
with the terms and conditions of the Conditional Use Permit approval.
8.100.100 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
City of Dub/in Zoning Ordinance 100-2 September, 1997
SITE DEVELOPMENT REVIEW
Chapter 8.104
CHAPTER 8.104 SITE DEVELOPMENT REVIEW
8.104.010 Purpose. The purpose of this Chapter is to establish a procedure for
approving, conditionally approving, or denying Site Development Review
permits.
8.104.020 Intent. The intent of this Chapter is:
A. To promote orderly, attractive and harmonious site and structural development
compatible with individual site environmental constraints and compatible with
surrounding properties and neighborhoods.
B. To resolve major project-related issues including, but not limited to, building
location, architectural and landscape design and theme; vehicular and pedestrian
access and on-site circulation, parking and traffic impacts.
C. To ensure compliance with development regulations and the requirements of
zoning districts, including but not limited to, setbacks, heights, parking,
landscaping and fences, accessory structures, and signage.
D. To stabilize property values.
E. To promote the general welfare.
8.104.030 Projects subject to Site Development Review:
A. Addition. An addition to an existing structure, where the addition involves 1,000
gross square feet or more, located within a C-O, C-N, C-l, C-2, M-P, M-1 or M-2
Zoning District.
B. Agricultural structures. All structures in the Agricultural Zoning District shall be
subject to Site Development Review with the exception of a single family home.
C. Exterior Modification Of Existing Structure. Any exterior modification of an
existing structure with a gross floor area of 1,000 square feet or more located within
a C-O, C-N, C-1, C-2, M-P, M-1 or M-2 Zoning District, including but not limited
to, facade renovation, new and/or additional windows and doors (with frames), and
roof or ground-mounted mechanical equipment. This does not include painting,
window glass replacement or tinting, replacement of sign copy, and similar minor
modifications.
City of Dub/in Zoning Ordinance 104-1 September, 1997
SITE DEVELOPMENT REVIEW
Chapter 8.104
D. Modification To Site Layout. Any modification to site layout or improvements in
a C-O, C-N, C-1, C-2, M-P, M-1 or M-2 Zoning District, including but not limited
to, parking, fencing, circulation, landscaping, accessory structures, or trash
enclosures.
E. New Construction. Any new construction with a gross floor area of 1,000 square
feet or more located within a C-O, C-N, C-l, C-2, M-P, M-1 or M-2 Zoning
District.
F. Planned Developments. Pursuant to Development Plans approved for a Planned
Development district.
G. Signage. Pursuant to the Sign Ordinance where applicable.
H. Where Site Development Review Is Otherwise Required By This Title.
Examples include farm buildings, Signage, enclosed accessory structures in multi-
family districts, security gates, commercial accessory structures, encroachment of
living spaces on Front Lot Line, tree removal/replacement, vehicle stacking, non-
residential parking lot, parking in Front Yard Setbacks of anon-residential lot, and
perimeter landscaping.
8.104.040 Application. The Applicant shall submit a complete application pursuant
to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee
and such materials as are required by the Director of Community
Development.
8.104.050 Notice Of Decision. A Notice of Decision shall be given consistent with
Chapter 8.132, Notice and Hearings. No public hearing is required for a
Site Development Review unless the application is being considered
concurrently with another permit requiring a public hearing.
8.104.060 Concurrent Consideration. When a Site Development Review is required
for a project which is also subject to a Conditional Use Permit and/or
Variance, it shall be approved, conditionally approved, or denied by the
same decision-maker or body for those actions.
8.104.070 Required Findings. The following findings shall all be made in order to
approve a Site Development Review:
A. Approval of this application is consistent with the purpose and intent of this
Chapter.
City of Dub/in Zoning Ordinance 104-2 September, 1997
SITE DEVELOPMENT REVIEW
Chapter 8.104
B. Any approval complies with the policies of the General Plan, with any applicable
Specific Plans, with the development regulations or performance standazds
established for the zoning district in which it is located, and with all other
requirements of the Zoning Ordinance.
C. The approval will not adversely affect the health or safety of persons residing or
working in the vicinity, or be detrimental to the public health, safety and general
welfare.
D. The approved site development, including site layout, structures, vehiculaz access,
circulation and parking, setbacks, height, walls, public safety and similar elements,
has been designed to provide a desirable environment for the development.
E. The subject site is physically suitable for the type and intensity of the approved
development.
F. Impacts to views are addressed.
G. Impacts to existing slopes and topographic features are addressed.
H. Architectural considerations, including the character, scale and quality of the
design, the azchitectural relationship with the site and other buildings, building
materials and colors, screening of exterior appurtenances, exterior lighting, and
similar elements have been incorporated into the project and as conditions of
approval in order to insure compatibility of this development with the
development's design concept or theme and the character of adjacent buildings,
neighborhoods, and uses.
I. Landscape considerations, including the location, type, size, color, texture and
coverage of plant materials, provisions and similar elements have been considered
to ensure visual relief and an attractive environment for the public.
J. The approval of the Site Development Review is consistent with the Dublin
General Plan and with any applicable Specific Plans.
8.104.080 Action. The decisionmaker for Site Development Reviews shall be the
Director of Community Development (and his/her designee). The Director
of Community Development may, based on evidence in the public record,
and the findings above, make an administrative decision to approve,
conditionally approve, or deny a Site Development Review.
City of Dub/in Zoning Ordinance 104-3 September, 1997
SITE DEVELOPMENT REVIEW
Chapter 8.104
8.104.090 Amendment. The process for amending a Site Development Review shall
be the same as the process for approving a Site Development Review except
that the decision-maker for such Site Development Review shall be the
same decision-maker that ultimately approved the Site Development
Review including approval on appeal. The Community Development
Director or his/her designee may grant a Site Development Review Waiver
for applications approved by another decision-maker or body upon the
determination that the modification is a minor project and in accordance
with Section 8.104.100, Waiver.
8.104.100 Waiver. The Community Development Director or his/her designee shall
determine that a Site Development Review Waiver is in substantial
conformance with the Site Development Review if it is a minor project as
described below, is Categorically Exempt from the California
Environmental Quality Act, and is consistent with the conditions of
approval for the Site Development Review. It is not the intent of this
Chapter that a series of Site Development Review Waivers be used to
circumvent the need for a new Site Development Review. A minor project
shall include any of the following:
The physical expansion of a structure by no more than 1000 square
feet.
2. The exterior modification of no more than 100 square feet of surface
area of an existing structure.
8.104.110 Guidelines. Site Development Review Guidelines adopted by the City
Council on May 11, 1992 shall be used to guide the review of Site
Development Review applications.
8.104.120 Building Permits. Building Permits shall not be issued except in
accordance with the terms and conditions of the Site Development Review
approval.
8.104.130 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures,
shall apply except as otherwise provided in this Chapter.
City of Dub/in Zoning Ordinance 104-4 September, 1997
TEMPORARY USE PERMIT
Chapter 8.108
CHAPTER 8.108 TEMPORARY USE PERMIT
8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving
minor temporary land uses that meet established development review standards and
are acceptable because of their temporary nature.
8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits must
conform to the following standards to be approved. No Temporary Use Permit may
be renewed unless otherwise indicated by this Chapter:
A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which
are handmade or hand-crafted items for sale by the original artist. Fairs may only be
conducted when sponsored by a Dublin-based place of worship, school, neighborhood
group, or non-profit non-restrictive civic or service organization. Each individual Arts and
Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may
participate in more than 6 events during aone-year period, subject to standards established
by the Director of Community Development.
B. Carnival. An event intended to serve a public need by providing a community service or
special entertainment event for the Dublin community which is normally only provided as a
temporary and/or seasonal activity. Each individual carnival event shall be limited to a
maximum of 2 consecutive days, and no business or sponsor may participate in more than 2
events during aone-year period, subject to standards established by the Director of
Community Development.
C. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of 60
days subject to standards established by the Director of Community Development.
D. Farmers Market. An event offering for sale produce, food items, and related goods and
merchandise by certified growers authorized to sell, directly to consumers, products which
are produced on land the producer controls. Each individual Farmers Market shall be
limited to one day per week subject to standards established by the Director of Community
Development.
E. FestivaUStreet Fair (use type). Each individual Festival, Neighborhood/Place of
Worship/School Festival, and Street Fair of anot-for-profit nature, shall be limited to a
maximum of 2 consecutive days and shall not occur in the same location more than 2 times a
year, subject to standards established by the Director of Community Development.
F. Fireworks Sales. Fireworks sales are permitted for a maximum of 60 days subject to
standards established by the Director of Community Development, including but not limited
to, compliance with applicable requirements of the State of California and other local codes
and ordinances.
City of Dub/in Zoning Ordinance 108-1 September, 1997
TEMPORARY USE PERMIT
Chapter 8.108
G. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and
collection of newspapers by the general public may be permitted for a period not to exceed
one yeaz subject to standazds established by the Director of Community Development, if
sponsored by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-
based non-profit, non-restrictive civic or service organization if it is located on the site of a
lawfully existing principal use. This permit may be renewed by means of another Temporary
Use Permit.
H. Office Trailer -Commercial. Occupancy of a commercial office trailer during the period
of construction or remodeling of a permanent commercial or industrial structure(s), for
which a valid building permit is in force, in any Commercial or Industrial zoning district
subject to standards established by the Director of Community Development.
I. Outdoor Sales by Established Businesses. Each individual Outdoor Sale by an
Established Business shall be limited to a maximum of 4 consecutive days, and no business
may participate in more than 6 events during aone-year period, subject to standazds
established by the Director of Community Development.
J. Pumpkin Sales Lot A Pumpkin Sales lot is permitted for a maximum of 60 days subject to
standards established by the Director of Community Development.
K. Storage Container. This use includes metal shipping containers used for the storage of
materials. The permit may be for one container per business or pazcel for no more than one
year subject to standards established by the Director of Community Development and may
be renewed by means of another Temporary Use Permit. Letters must be submitted
certifying that the Alameda County Department of Environmental Health, the Alameda
County Fire Department and appropriate City Departments have given approval of the
materials stored and the methods used before the permit will be issued.
L. Temporary Construction Trailer. A Temporary Construction Trailer may be permitted
during the period of construction of the buildings or lots on a development site subject to
standards established by the Director of Community Development, on the same premises.
M. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile
Home/Manufactured Home during the period of construction of permanent living quarters
for which a valid building permit is in force, on the same premises, subject to standazds
established by the Director of Community Development in any Agriculture or Residential
zoning district.
City of Dub/in Zoning Ordinance 108-2 September, 1997
TEMPORARY USE PERMIT
Chapter 8.108
N. Temporary Outdoor Sale Not Related To On-Site Established Business (Sidewalk
Sale). A temporary outdoor sale of goods by an established Dublin business, at the site of
that business, of goods and merchandise which are of the same and type as the goods and
merchandise sold indoors by the business. Promotional give-aways, such as free food, are
allowed if they are related to and subsidiary to the sale. Each individual outdoor sales event
shall be subject to standards established by the Director of Community Development and
shall be limited to a maximum of 4 consecutive days, and no business may participate in
more than 6 events during aone-year period at one site.
O. Tract and Sales Office/Model Home Complex. This use includes tract and sales offices
and model home complexes within approved developments, and accessory signs,
landscaping, and parking facilities. This temporary use is in effect during the period of
construction and original sale of the buildings or lots in a new development subject to
standards established by the Director of Community Development.
8.108.030 Application. The Applicant shall submit a complete application pursuant to Chapter
8.124, Applications, Fees and Deposits, accompanied by a fee, written description of
the proposed temporary use with hours and duration of operation, the written
authorization by the property owner, and a diagram of the proposed temporary use
(including pedestrian and automobile circulation) and other information as may be
required by the Director of Community Development.
8.108.040 Approval. The Director of Community Development or his/her designee may
approve a Temporary Use Permit upon finding that the project meets all standards
established by the Director of Community Development for that permit, including
but not limited to, compliance with applicable requirements of the State of
California, and other local codes and ordinances; and meets the requirements of this
Title. Approval shall consist of an initialed and dated stamp of approval on the
diagram and written statement accompanying the application.
8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire upon
the date shown on the stamped approved diagram and/or written statement
accompanying the application.
City of Dub/in Zoning Ordinance 108-3 September, 1997
VARIANCE
Chapter 8.112
CHAPTER 8.112 VARIANCE
8.112.010 Purpose. The purpose of this Chapter is to establish a procedure to provide relief
from the strict application of specified development regulations of the Zoning
Ordinance if certain findings can be made.
8.112.020 Applicability. A Variance may be granted from the requirements of this
Ordinance for only the following matters:
A. Dimensional Standards. Dimensional standards relating to the distance between
residences, lot coverage, landscaping and fencing, lot dimensions, setbacks, and structure
heights.
B. Sections 8.76.080 through 8.76.090 of the Off-Street Parking And Loading
Regulations.
C. Sign Regulations Other Than Prohibited Signs.
D. Location Requirements of Adult Business Establishments.
8.112.030 Use Variance Prohibited. A Variance shall not be granted for a parcel of
property which authorizes a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel or property.
8.112.040 Application. The Applicant shall submit a complete application pursuant to
Chapter 8.124, Applications Fees and Deposits, accompanied by a fee and/or
deposit and such materials as are required by the Director of Community
Development.
8.112.050 Notice and Hearings. Variance applications shall be considered at a public
hearing with notice pursuant to Chapter 8.132, Notice and Hearings.
8.112.060 Required Findings. The following findings shall all be made in order to approve
a Variance:
A. There are special circumstances applicable to the property including size, shape,
topography, location or surroundings; such that the strict application of the requirements
of the Zoning Ordinance deprives the property of privileges enjoyed by other property in
the vicinity and under identical zoning classification.
B. The granting of the Variance is subject to such conditions that will assure that the
adjustment shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and under the identical zoning
classification.
City of Dub/in Zoning Ordinance 112-1 September, 1997
VARIANCE
Chapter 8.112
C. The granting of the Variance will not be detrimental to persons or property in the vicinity
or to the public health, safety and welfare.
D. The granting of the Variance is consistent with the purpose and intent of the applicable
zoning district.
E. The granting of the Variance is consistent with the Dublin General Plan and with any
applicable Specific Plans.
8.112.070 Required Findings, Exception. Notwithstanding the findings in Section
8.112.060 above, a variance may be granted from the Off-Street Parking and
Loading regulations for non-residential developments in order that some or all of
the required parking spaces be located off-site, or that in-lieu fees or facilities be
provided instead of the required parking spaces, if both of the following findings
are made:
A. The variance will be an incentive to, and a benefit for, the non-residential development.
B. The variance will facilitate access to the non-residential development by patrons of public
transit facilities, particularly guideway facilities.
8.112.080 Action. The decision-makers for Variances shall be the Zoning Administrator,
Planning Commission, or City Council. These decision-makers shall hold a
public hearing and after the hearing is closed may, based on evidence in the public
record, and the findings above, approve, conditionally approve, or deny a
Variance by means of a resolution. A Variance shall not be used to modify
another Variance. If any of the findings required above cannot be made, the
Variance shall be denied.
8.112.090 Restoration of structure and/or use to conformity with the Zoning
Ordinance. If a structure is modified and/or a use commenced prior to requesting
a Variance in such a manner as to make the structure or use in violation of the
Zoning Ordinance, and the Variance is denied, the structure shall be physically
modified by the applicant within six months of denial and with a valid Building
Permit and/or the use discontinued or modified so that the structure and/or use
conforms with the requirements of the Zoning Ordinance.
8.112.100 Effect of Approval. Variances are approved only as specifically identified in the
written approval and do not affect or suspend any other development regulations.
8.112.110 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall
apply except as otherwise provided in this Chapter.
City of Dub/in Zoning Ordinance 112-2 September, 1997
ZONING CLEARANCE
Chapter 8.116
CHAPTER 8.116 ZONING CLEARANCE
8.116.010 Purpose. The purpose of this Section is to establish a procedure for
certifying conformance of a Building Permit, Home Occupation, or Sign,
application with the requirements of this Title, the General Plan, any
applicable Specific Plans, and the terms and conditions of any applicable
permits or variances.
8.116.020 Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Home Occupations.
C. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance.
8.116.030 Application. The Applicant shall submit a complete application for a
Building Permit (for a structure or a sign), or for a Home Occupation. An
application for a Home Occupation shall include a written statement
demonstrating consistency of the proposed home occupation with the
requirements of Chapter 8.64, Home Occupations Regulations, and other
information as may be required by the Director of Community
Development.
8.116.040 Approval. The Director shall decide Zoning Clearance applications as
follows:
A. Building Permit. All building permit applications shall be reviewed for
consistency with the regulations of this Title as required by Chapter 8.04, Title
Purpose and Authority. The Zoning Clearance approval for a Building Permit
shall be a signature and date on the Building Permit and an initialed and dated
stamp of approval on the approved building plans.
B. Home Occupation. All applications for a Home Occupation shall be reviewed
for consistency with Chapter 8.64, Home Occupations Regulations. A Home
Occupation application shall be filed at the same time the Applicant applies for a
Business License. The Zoning Clearance approval for a Home Occupation shall
be an initialed and dated stamp of approval on the Home Occupation Application
and on the written description demonstrating consistency with the Home
Occupation Regulations.
City of Dub/in Zoning Ordinance 116-1 September, 1997
ZONING CLEARANCE
Chapter 8.116
C. Signs. All signs identified in the Sign Regulations as requiring a Zoning
Clearance shall be applied for and approved as in Section 8.116.040.A, Building
Permit.
8.116.050 Expiration Of Zoning Clearance. A Zoning Clearance issued in
conjunction with a Building Permit, shall expire when the Building Permit
expires.
8.116.060 Revocation Of Zoning Clearance. A Zoning Clearance for a Home
Occupation may be revoked pursuant to Section 8.64.060, Revocation of
Zoning Clearance, in the Home Occupations Regulations.
City of Dub/in Zoning Ordinance 116-2 September, 1997
ZONING ORDINANCE AMENDMENT
Chapter 8.120
CHAPTER 8.120 ZONING ORDINANCE AMENDMENT
8.120.010 Purpose. The purpose of this Chapter is to establish a procedure for
amending the text of the Zoning Ordinance and amending the "City of
Dublin Zoning Map" or Zoning Map. Amendments to the Zoning Map
have the effect of rezoning property from one zoning district to another.
8.120.020 Initiation. A Zoning Ordinance Amendment may be initiated by the City
Council or the Planning Commission, or an applicant.
8.120.030 Application. The Applicant shall submit a complete application pursuant
to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee
and/or deposit and such materials as aze required by the Director of
Community Development.
8.120.040 Notice and Hearings. Proposed Zoning Ordinance amendments shall be
considered at public hearings before the Planning Commission and City
Council with notice pursuant to Chapter 8.132, Notice and Hearings.
8.120.050 Required Findings. The following findings shall be made in order to
approve a Zoning Ordinance Amendment:
A. Whenever a Zoning Ordinance Amendment anticipates a particular project:
The proposed amendment would be harmonious and compatible with
existing and potential development in surrounding azeas;
2. The subject site is physically suitable for the type, intensity of the zoning
district being proposed;
The proposed amendment will not adversely affect the health or safety of
persons residing or working in the vicinity, or be detrimental to the public
health, safety and welfaze;
B. For all Zoning Ordinance Amendments:
1. The proposed amendment is consistent with the Dublin General Plan and
any applicable Specific Plans.
8.120.060 Planning Commission Action. Following a public heazing, the Planning
Commission shall make a written recommendation; together with reasons
for the recommendations and the relationship of the amendment to the
General Plan and applicable Specific Plans; to the City Council on
City of Dub/in Zoning Ordinance 120-1 September, 1997
ZONING ORDINANCE AMENDMENT
Chapter 8.120
whether to approve, approve with modifications, or disapprove the
amendment.
8.120.070 City Council Action. Upon receipt of the Planning Commission's
recommendation, the City Council shall hold a public hearing and may
approve, approve with modifications, or disapprove the Planning
Commission's recommendation.
8.120.080 Effective Date. The effective date shall be thirty (30) days after approval.
8.120.090 Violation. Once a Zoning Ordinance Amendment is approved, all of the
provisions specified in the amended Ordinance shall become operative and
the violation of any of them shall constitute a violation of this Chapter.
8.120.100 Effect Of Denial. Upon denial of a Zoning Ordinance Amendment, no
further application for the same zoning district on the same property shall
be filed for a period of one year from the date of denial. Are-filed
application shall be processed in the same manner as a new application.
8.120.110 Prezoning of Unincorporated Territory. The City Council may prezone
unincorporated territory adjoining the City, or territory adjoining territory
which has been prezoned by the City Council, for the purpose of
determining the zoning district(s) that will apply to property in such
territory in the event of subsequent annexation to the City.
A. Procedure. The procedure for establishing such prezones shall be the same as
described for amending the Zoning Ordinance in this Chapter.
B. Effective Time. The zoning district(s) which has been established by the
prezoning procedure for unincorporated territory shall become effective at the
time that the annexation of property in such territory to the City becomes
effective.
City of Dub/in Zoning Ordinance 120-2 September, 1997
APPLICATIONS, FEES AND DEPOSITS
Chapter 8.124
CHAPTER 8.124 APPLICATIONS, FEES AND DEPOSITS
8.124.010 Purpose. To establish a procedure for filing applications and paying fees and
deposits.
8.124.020 Applications.
A. Forms. The Director shall prepare application forms for permits and other approvals
under this Title, which forms shall identify plans, maps, fees and deposits, and any other
information necessary to process the application.
B. Submittal. All required application materials shall be submitted to the Department. An
application that does not contain all required materials will not be accepted as complete.
C. Signature. The application shall be filed and signed by the property owner. Where the
applicant is not the property owner, the applicant must provide written authorization from
the property owner allowing the application to be submitted. The applicant shall further
certify that the information and exhibits in the application are true and correct.
D. Agreements. The application shall include agreements for fee and deposit payment and
indemnity; and an agreement stating that the applicant understands that conditions of any
approval are binding and agrees to be bound by those conditions, subject only to the right
to object at the hearings or during the appeal period. These agreements must be signed
by the applicant and submitted with the other required application materials.
8.124.030 Fees and Deposits.
A. Schedule of Fees and Deposits. The City Council shall, by resolution, establish a
schedule of fees and deposits for permits and other approvals under this Title. The
schedule of fees and deposits may be changed or modified only by resolution of the City
Council.
B. Timely Payment.
1. New Applications. Where fees or deposits are among the required application
materials, all such fees and deposits shall be paid in full before the application
will be accepted as complete. Review shall not commence on any application
until it is complete.
2. Complete Applications. The City is not required to continue processing any
application unless its fees and deposits are paid in full. Failure to pay the
applicable fees and deposits is grounds for denial of the application.
City of Dub/in Zoning Ordinance 124-1 September, 1997
APPLICATIONS, FEES AND DEPOSITS
Chapter 8.124
3. Unused Deposits. The unused balance of deposits after approval or denial, plan
checking, and occupancy of the development shall be returned to the applicant ten
days after occupancy of the last unit.
City of Dub/in Zoning Ordinance 124-2 September, 1997
AUTHORITY TO ADMINISTER TITLE 8
Chapter 8.128
CHAPTER 8.128 AUTHORITY TO ADMINISTER TITLE 8
8.128.010 Purpose and Intent. To establish the authority, position, appointment,
duties, and powers of individuals and bodies which administer Title 8 of
the Municipal Code.
8.128.020 Administrative Responsibility. Title 8 shall be administered by the
Director of Community Development under the policy direction of the
City Council, working with the Planning Commission, the Zoning
Administrator, and the Project Review Committee, as the appointment,
duties, and powers of each are described by this Title.
8.128.030 Director of Community Development and Department of Community
Development.
A. Authority. The Director of Community Development, "Director" shall have
administrative authority over the Department of Community Development,
"Department". The Director is designated as the appointing authority for
personnel purposes for the Department.
B. Appointment. The Director shall be appointed by the City Manager and shall
serve at the discretion of the City Manager.
C. Duties. The Department shall perform the duties and functions prescribed in the
Municipal Code and in California Government Code Section 65103. Through its
Director, the Department shall carry out any other responsibilities assigned by the
City Council, including but not limited to, the administration and enforcement of
the provisions of Title 8; the review of projects pursuant to the requirements of
Title 8 and the City of Dublin Environmental Guidelines; and the day-to-day and
long range management of the Department. Except where otherwise provided in
Title 8, the Director may designate members of the Department staff to carry out
his/her responsibilities under this Title.
D. Powers. The Director shall have the approval authority over those matters as
specifically provided by Title 8.
E. Referral to Zoning Administrator and Planning Commission. At any point in
the project review process the Director may transfer original hearing jurisdiction
to the Zoning Administrator and Planning Commission at his/her discretion
because of policy implications, unique or unusual circumstances, or the
magnitude of the project. See Section 8.96.020.C, Permit Procedures.
F. Appeal. Decisions of the Director may be appealed as provided in Chapter 8.136,
Appeals.
City of Dub/in Zoning Ordinance 128-1 September, 1997
AUTHORITY TO ADMINISTER TITLE 8
Chapter 8.128
8.128.040 Zoning Administrator.
A. Authority. The Director shall serve as the Zoning Administrator pursuant to the
authority established by California Government Code Section 65900 et. seq., and
as established by this section.
B. Appointment. The Director, at his/her discretion, may designate a member of the
Department staff to serve as the Zoning Administrator.
C. Duties and supervision of the Zoning Administrator
1. Duties and Functions. The Zoning Administrator shall perform the
duties and functions prescribed in the Municipal Code in addition to those
assigned by the Director.
2. Designee. When the Director assigns the duties of the Zoning
Administrator to a staff person, that designee shall also perform any
additional duties in the Department of Community Development assigned
by the Director as appropriate to the personnel title of the designee. The
designee shall be subordinate and directly responsible to the Director
and/or any intermediate supervisory staff in the performance of all duties
other than those of Zoning Administrator, but shall not be subordinate to,
nor under the direction or control of the Director when performing the
duties of Zoning Administrator.
D. Powers. The Zoning Administrator shall serve as a hearing officer and is
assigned the authority and original jurisdiction to investigate, consider, approve or
deny applications for Conditional Use Permits, Variances, and any other matters
as specifically provided by this Title.
E. Referral to Planning Commission. At any point in the project review process
the Zoning Administrator may transfer original hearing jurisdiction to the
Planning Commission at his/her discretion because of policy implications, unique
or unusual circumstances, or the magnitude of the project. See Section
8.96.020.C, Permit Procedures.
F. Appeal. Decisions of the Zoning Administrator may be appealed as provided by
Chapter 8.136, Appeals.
City of Dub/in Zoning Ordinance 128-2 September, 1997
AUTHORITY TO ADMINISTER TITLE 8
Chapter 8.128
8.128.050 Project Review Committee.
A. Authority/Land Use Permits. The Project Review Committee shall review
Conditional Use Permits, Site Development Reviews, Variances, and Parcel Maps
and Tentative Maps being processed pursuant to Title 9, Subdivisions, and other
land use permits; advise the Department Staff on such applications; and propose
conditions of approval. The Project Review Committee shall be chaired by the
manager of the project being reviewed.
B. Authority/Other Planning Actions. The Project Review Committee shall
review Planned Development Rezones, and Zoning Ordinance Amendments and
other planning actions, to determine appropriate standards to include in
ordinances and planning documents.
C. Appointment. The Project Review Committee shall consist of a representative of
such agencies and City departments that have an interest in a project and would
provide conditions of approval or other development standards.
8.128.060 Planning Commission. The duties of the Planning Commission are
described in Chapter 2.12 of the Municipal Code.
City of Dub/in Zoning Ordinance 128-3 September, 1997
NOTICE AND HEARINGS
Chapter 8.132
CHAPTER 8.132 NOTICE AND HEARINGS
8.132.010 Purpose. To establish a procedure for public hearings before the Director
of Community Development, Zoning Administrator, Planning
Commission and City Council in compliance with State law (Government
Code Sections 65090 and 65091).
Intent. The intent of this Chapter is to ensure that public hearings are
properly held and noticed.
8.132.020 Public Hearing. A public hearing shall be held for the consideration of
all Conditional Use Permits, Development Agreements, Planned
Development Rezones, Zoning Ordinance Amendments, and for Variances
considered by the Planning Commission or City Council.
8.132.030 Notice of Public Hearing. When a public hearing is required by this
Title, notice shall be given as follows:
A. Timing. Notice shall be given not less than 10 days before the date of a
scheduled public hearing.
B. Content of notice. The Notice shall include, but not be limited to:
Date, time, and place of the public hearing.
2. The name of the hearing body or officer.
3. A general explanation of the matter to be considered.
4. A general description, in text or by diagram, of the location of the real
property that is the subject of the hearing.
C. CEQA notice may be combined with Notice of Public Hearing. CEQA notice
of public review and comment period for a draft environmental document may be
combined with the Notice of Public Hearing under this Chapter.
D. Method of Notice.
1. Publication in a newspaper of general circulation within the City.
2. Mailed notice. Notice shall be mailed or delivered to:
a. Owners/applicant. The owner(s) of the real property being
considered or the owners authorized agent, and the applicant.
City of Dub/in Zoning Ordinance 132-1 September, 1997
NOTICE AND HEARINGS
Chapter 8.132
b. Local agencies. Each local agency expected to provide water,
sewage disposal, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities
and services may be significantly affected.
c. Written request. Any person who has filed a written request for
notice with the City Clerk or Director and has paid the fee required
for such notice.
d. Owners of real property within 300 feet. All owners of real
property as shown on the latest equalized assessment roll within
300 feet of the property that is the subject of the hearing; or, when
the number of property owners to whom notice would be mailed is
more than 1,000 the Director of Community Development may
choose to provide the alternate notice allowed by California
Government Code Section 65091(a)(3).
e. Occupants of property contiguous to the project.
f. Additional notice. The Director may provide any additional
notice that he/she determines necessary or desirable.
8.132.040 Consideration of Site Development Review and Variance.
The Director or his/her designee may approve, conditionally approve or
deny a Site Development Review without a public hearing. The Zoning
Administrator may approve, conditionally approve or deny a Variance
without a public hearing.
8.132.050 Notice of Decision. Where the Director considers a Site Development
Review or the Zoning Administrator considers a Variance pursuant to this
Title, a Notice of Decision shall be given as follows:
A. Timing. Notice shall be given not less than 10 days before the date of a
scheduled decision by the Director or the Zoning Administrator.
B. Content of notice. The Notice shall include, but not be limited to:
The date and time on or after which a decision will be made.
2. The place of the decision.
3. The name of either the Director or Zoning Administrator making the
decision.
City of Dub/in Zoning Ordinance 132-2 September, 1997
NOTICE AND HEARINGS
Chapter 8.132
4. A general explanation of the matter to be considered.
5. A general description, in text or by diagram, of the location of the real
property that is the subject of the decision.
C. CEQA notice may be combined with Notice of Decision. CEQA notice of
public review and comment period for a draft environmental document may be
combined with the Notice of Decision under this Chapter.
D. Method of Notice.
1. Mailed notice. Notice shall be mailed or delivered to:
a. Owners/applicant. The owner(s) of the real property being
considered or the owners authorized agent, and the applicant.
b. Local agencies. Each local agency expected to provide water,
sewage disposal, streets, roads, schools, or other essential facilities
or services to the project, whose ability to provide those facilities
and services may be significantly affected.
c. Written request. Any person who has filed a written request for
notice with the City Clerk or Director and has paid the fee required
for such notice.
d. Owners of real property within 300 feet. All owners of real
property as shown on the latest equalized assessment roll within
300 feet of the property that is the subject of the hearing; or, when
the number of property owners to whom notice would be mailed is
more than 1,000 the Director of Community Development may
choose to provide the alternate notice allowed by California
Government Code Section 65091(a)(3).
Occupants of property contiguous to the project.
f. Additional notice. The Director may provide any additional
notice that he/she determines necessary or desirable.
8.132.060 Director of Community Development investigation. For all projects for
which a Notice of Public Hearing has been given, the Director shall
investigate the facts bearing on the case and prepare a staff report which
provides the information necessary for action consistent with the intent of
City of Dub/in Zoning Ordinance 132-3 September, 1997
NOTICE AND HEARINGS
Chapter 8.132
Title 8, the General Plan, and any applicable Specific Plans. The Director
shall present the staff report to the appropriate body.
8.132.070 Public Hearing Procedure. When a public hearing is required by this
Title, the hearing shall be conducted as follows:
A. Public Hearing. The public hearing shall be conducted according to such rules
as may be adopted by the hearing body and shall be held at the date, time, and
place stated in the required notice. Minutes of the public hearing shall be
prepared and an audio tape filed in the Department or the City Clerk as
appropriate. At the public hearing, interested persons shall be given the
opportunity to present information and testimony about the proposed project.
B. Continuing a Public Hearing. At the discretion of the hearing body, a public
hearing may be continued from its scheduled date to a future date provided that
prior to the adjournment or recess of the hearing, a clear announcement is made
specifying the date, time, and place to which said hearing will be continued.
8.132.080 Action of the Community Development Director, Zoning
Administrator, and City Council. The Community Development
Director, Zoning Administrator, and City Council shall take action and
shall record any decisions. The decision shall set forth any findings of the
decision-maker together with any required conditions of approval.
Following the public hearing the decision-maker shall provide written
notice of the action taken to the owner and/or applicant at the address
shown upon the application.
8.132.090 Action of the Planning Commission.
A. Final Action. The Planning Commission shall take action for all permits for
which it is the decision-maker and shall record its decision. The decision shall set
forth any findings of the Planning Commission together with any required
conditions of approval. Following the hearing the Planning Commission shall
provide written notice of the action taken to the owner and/or applicant at the
address shown upon the application.
B. Recommendation. For applications in which the Planning Commission makes a
recommendation, the Planning Commission shall transmit its recommendations in
writing to the City Council for final action.
City of Dub/in Zoning Ordinance 132-4 September, 1997
APPEALS
Chapter 8.136
CHAPTER 8.136 APPEALS
8.136.010 Purpose. To establish a procedure for the appeal of a requirement,
decision or determination made by the Zoning Administrator, Director of
Community Development, or Planning Commission.
Intent. The intent of this Chapter is to ensure that appeals of decisions are
properly held and noticed and that the public has a means to appeal
decisions made by the City.
8.136.020 Appeal subjects and jurisdiction. Actions and decisions that may be
appealed, and the authority to act upon an appeal shall be as follows:
A. Administration and interpretation. The following actions of the Director may
be appealed to the Planning Commission and then to the City Council:
1. Meaning and applicability of the provisions of Title 8. Determinations
on the meaning or applicability of the provisions of Title 8 of the Dublin
Municipal Code that are believed to be in error, and cannot be resolved
with Staff.
2. Incomplete application. Any determination that a permit, application, or
information submitted with the application is incomplete, pursuant to
Government Code Section 65943.
B. Permit and Hearing Actions. Except as otherwise provided in this Chapter,
actions of the Director of Community Development and the Zoning Administrator
on permits may be appealed to the Planning Commission and then to the City
Council. Actions of the Planning Commission on permits may be appealed to the
City Council. Actions of the City Council are final.
8.136.030 No Appeal From Ministerial Actions. No right of appeal shall exist
when the decision or action is ministerial and does not involve the exercise
of judgment or deliberation pursuant to any provisions of this Title.
8.136.040 Who may appeal.
A. Administration and Interpretation. An appeal may be filed by any person
affected by a Department administrative action or interpretation as described in
Section 8.136.020.A.
B. Permit and Hearing Actions. An action described in Section 8.136.020.B may
be appealed by anyone who, in person or through a representative explicitly
identified as such, appeared at a public hearing in connection with the decision
City of Dub/in Zoning Ordinance 136-1 September, 1997
APPEALS
Chapter 8.136
being appealed, or who otherwise informed the City in writing of the nature of
his/her concerns before the hearing.
C. Staff Appeal Prohibited. A representative of the City government presenting
departmental recommendations at a hearing is prohibited from appealing a
decision reached at such hearing.
8.136.050 Filing Appeals.
A. Appeal Periods. An appeal must be filed within 10 days of the action which is
the subject of the appeal. Appeals filed beyond 10 days shall not be accepted.
B. Form of appeal. An appeal shall be in writing, shall reference any Planning
Application number, shall fully state the extent of the appeal and the reasons and
grounds for appeal, shall include any information required by the Director of
Community Development, and may include any explanatory materials the
appellant wishes to furnish. The appeal shall be accompanied by the filing fee
established by the City Council.
C. Filed with City Clerk. An appeal shall be filed with the City Clerk.
D. Effect of filing. In the event of an appeal, the decision being appealed shall not
be effective until final action by the appeal body.
8.136.060 Processing Appeals.
A. Report and Scheduling of Public Hearing. When an appeal has been filed, the
Director shall prepare a report on the matter and shall schedule the matter for
consideration by the appropriate appeal body after completion of the report. The
appeal body shall conduct a public hearing on the appeal within 90 days of its
proper filing. If the matter is not heard within 90 days, the decision being
appealed shall be deemed armed.
B. Notice of Appeal Public Hearing. Notice shall be provided for an appeal public
hearing in the same manner as required for a public hearing by this Title. The
appellant shall be responsible for providing all noticing materials for the appeal
hearing.
C. Appeal Hearing Procedure. Appeal hearings shall be held at the date, time, and
place stated in the required notice. Minutes of the hearing shall be prepared and
an audio tape filed in the Department or with the City Clerk as appropriate. At the
hearing, the appeal body may consider only those issues involving the matter that
is the specific subject of the appeal. Any hearing may be continued provided that
City of Dub/in Zoning Ordinance 136-2 September, 1997
APPEALS
Chapter 8.136
prior to the adjournment or recess of the hearing, a clear announcement is made
specifying the date, time, and place to which said hearing will be continued.
D. Action. The appeal body may affirm, affirm in part, or reverse the action,
decision or determination that is the subject of the appeal, based upon findings of
fact about the particular case. The findings shall identify the reasons for the
action on the appeal, and verify the compliance or non-compliance of the subject
of the appeal with the provisions of this Chapter. The appeal body shall take
action and announce and record its decision at the public hearing. Following the
hearing, the appeal body shall provide written notice of the action taken to the
appellant at the address shown upon the application for the appeal.
E. Additional conditions of approval. When reviewing a decision on a permit, the
appeal body may adopt additional conditions of approval that address the specific
subject of the appeal.
F. Effective Date of Appealed Actions. An action of the Zoning Administrator or
Director of Community Development appealed to the Planning Commission shall
not become effective until action on the appeal by the Planning Commission. An
action of the Planning Commission appealed to the City Council shall not become
effective until action on the appeal by the City Council.
8.136.070 Effect of Denial. When an application for a permit is denied on appeal,
no application for the same or substantially same permit or a permit for the
same use on the same property shall be filed for a period of one year from
the date of denial, except where the permit was denied without prejudice.
City of Dub/in Zoning Ordinance 136-3 September, 1997
NON-CONFORMING STRUCTURES AND USES
Chapter 8.140
CHAPTER 8.140 NON-CONFORMING STRUCTURES AND
USES
8.140.010 Purpose. To establish regulations relating to non-conforming structures
and uses and to establish conditions under which non-conforming
structures and uses may be maintained, restored, replaced, repaired,
altered, changed, expanded, or amortized.
Intent. The intent of this Chapter is to prevent the expansion of non-
conforming structures and uses and tb amortize them over time.
8.140.020 Non-Conforming Structure. ANon-Conforming Structure is a structure
that was legally constructed prior to the effective date of this Ordinance
but which does not conform to the current provisions of this Title.
8.140.030 Non-Conforming Structure Regulations. All non-conforming structures
shall conform to the following regulations:
A. Conformity to this Ordinance, all City Codes, and other regulations and
laws. All work performed on anon-conforming structure shall be pursuant to a
building permit, meet all the requirements of this Ordinance and all City Codes,
and conform to any other health or safety regulations or laws imposed by local,
County, State, regional, or Federal agencies in effect at the time of the work and
shall not expand any non-conformity.
B. Maintenance. Ordinary maintenance and minor repair of non-conforming
structures is permitted if the aggregate cost of the work done in any period of 12
consecutive months does not exceed 25% of the replacement value of the structure
as determined by the building official and provided further that the size of the
structure or number of dwelling units is not increased.
C. Restoration. Anon-conforming structure which is damaged to an extent of 50%
or less of its replacement cost as determined by the Building Official immediately
prior to such damage may be restored only if made to conform to all provisions of
this Ordinance. Anon-conforming structure which is damaged to an extent of
more than 50% of its replacement cost shall not be restored except as otherwise
provided below for residential structures.
D. Replacement of destroyed non-conforming residence. Any residential
structure(s), including multi-family structures, in a residential zoning district
destroyed by a catastrophe, including fire, may be reconstructed up to the original
size, placement, and number of dwelling units. The Director of Community
Development may require changes to the plans for the residence if necessary to
City of Dub/in Zoning Ordinance 140-1 September, 1997
NON-CONFORMING STRUCTURES AND USES
Chapter 8.140
protect the public health, safety and welfare. Reconstruction shall commence
within two years after the catastrophe and shall be diligently pursued to
completion.
E. Repairs and alterations to non-conforming residence. Repairs and alterations
may be made to non-conforming residences, including multi-family structures,
without replacement cost limitations, if located in a residential zoning district and
if the requirements of "A" above are met.
F. Repairs, interior modifications, and alterations to non-conforming non-
residential structures. Repairs, interior modifications, and alterations to non-
conforming non-residential structures may be made provided that none of the
structural alterations shall prolong the life of the supporting members of a
structure, such as bearing walls, columns, beams, or girders. Structural elements
may be modified or repaired only if the Building Official determines that such
modification or repair is immediately necessary to protect the public health, safety
and welfare of occupants of the non-conforming structures, or adjacent property,
and the cost of all repairs or alterations does not exceed 50% of the replacement
cost of the non-conforming structure immediately before such repairs or
alterations as determined by the Building Official.
G. Seismic repairs. Reconstruction required to reinforce unreinforced masonry or
otherwise seismically unsafe structures shall be permitted without replacement
cost limitations, provided the retrofitting is limited exclusively to comply with
earthquake safety standards.
H. Loss of non-conforming structure status. If the use of anon-conforming
structure is discontinued for a period of twelve or more consecutive calendar
months, the structure shall lose its non-conforming structure status, and shall be
removed or altered to conform to the provisions of this Ordinance. Such removal
or alteration to conform to the provisions of this Ordinance shall occur within 12
months of the date that loss of non-conforming structure status is determined or
within such other date the City Council decides pursuant to the hearing in Section
8.140.070 below. Failure to remove or alter the structure beyond that period,
without written approval of the Director of Community Development due to
unusual circumstances, constitutes a violation of this Ordinance pursuant to
Chapter 8.144, Enforcement. A use of anon-conforming structure shall be
considered abandoned or discontinued whenever any of the following apply:
1. The use of anon-conforming structure is discontinued for a period of
twelve or more consecutive calendar months.
City of Dub/in Zoning Ordinance 140-2 September, 1997
NON-CONFORMING STRUCTURES AND USES
Chapter 8.140
2. Removal of components of the use. The actual removal of characteristic
furnishings, equipment, structures, machinery, or other components of the
use occurs during the twelve month period.
3. No business receipts or records are available for the twelve month
period.
4. Utility bills indicate that no use has occurred during the twelve month
period.
8.140.040 Non-Conforming Use. ANon-Conforming use is a use of a structure or
land that was legally established prior to the effective date of this
Ordinance but which does not conform to the current provisions of this
Title.
8.140.050 Non-Conforming Use Regulations. All non-conforming uses shall
conform to the following regulations:
A. Change of ownership or tenancy. The change of ownership, tenancy, or
management of anon-conforming use shall not affect its non-conforming status,
provided that the use, extent, and intensity of use does not change.
B. Residential uses in anon-residential zoning district. Anon-conforming
residential use in anon-conforming residential structure in anon-residential
zoning district may continue to be used as a residence subject to the requirements
of the R-1 zoning district (if asingle-family dwelling) or of the R-M zoning
district (if amulti-family dwelling) until such time as the building is amortized,
condemned, removed, or converted to a conforming use.
C. Expansion, intensification, or modification of anon-residential use in a
residential zoning district. No expansion, intensification, or modification of a
non-residential use in a residential zoning district shall be permitted.
D. Loss ofnon-conforming use status. If the non-conforming use of a structure is
discontinued for a period of twelve or more consecutive calendar months, the use
shall lose its non-conforming use status, and all rights to reestablish or continue
the non-conforming use shall terminate regardless of any reservation of an intent
not to abandon or of an intent to resume active operations. Abandonment or
discontinuance of use shall be deemed to have occurred whenever any of the
following apply:
1. The non-conforming use of a structure is discontinued for a period of
twelve or more consecutive calendar months.
City of Dub/in Zoning Ordinance 140-3 September, 1997
NON-CONFORMING STRUCTURES AND USES
Chapter 8.140
2. Anon-conforming use is replaced by a conforming use.
3. Removal of components of the use. The actual removal of characteristic
furnishings, equipment, structures, machinery, or other components of the
use occurs during the twelve month period.
4. No business receipts or records are available for the twelve month
period.
5. Utility bills indicate that no use has occurred during the twelve month
period.
E. Replacement of anon-conforming use with another non-conforming use is
prohibited.
F. Expansion or intensification of anon-conforming use is prohibited.
8.140.060 Building Permits or Certificates of Occupancy prohibited. When any
non-conforming structure or use is no longer permitted pursuant to the
provisions of this Ordinance (loss ofnon-conforming structure status, or at
end of amortization period as determined by the City Council), no
Building Permit or Certificate of Occupancy shall thereafter be issued for
further continuance, alteration, or expansion of the use or structure. Any
Building Permit or Certificate of Occupancy issued in error shall not be
construed as allowing the continuation of the non-conforming structure or
use.
8.140.070 Amortization. When the Director of Community Development
determines that a structure or use is non-conforming, a public hearing shall
be held by the City Council pursuant to Chapter 8.132, Notice and
Hearings. At that hearing the City Council shall hear a report by the
Director of Community Development on the issue and shall determine if
the structure or use should be amortized and over what period. The non-
conforming structure or use shall be discontinued within the amortization
period determined by the City Council.
8.140.080 Illegal Structures and Uses. Nothing contained in this Ordinance shall
be construed or implied so as to allow for the continuation of illegal non-
conforming structures and uses. Structures and Uses which are not legally
constructed or established shall be removed and/or discontinued
immediately, pursuant to Chapter 8.144, Enforcement.
City of Dub/in Zoning Ordinance 140-4 September, 1997
NON-CONFORMING STRUCTURES AND USES
Chapter 8.140
8.140.090 Exemption. All commercial uses that are not illegal uses that are
established in commercial zoning districts at the time this Ordinance
becomes effective are hereby determined to be non-conforming land uses.
City of Dub/in Zoning Ordinance 140-5 September, 1997
ENFORCEMENT
Chapter 8.144
CHAPTER 8.144 ENFORCEMENT
8.144.010 Purpose. To establish procedures for enforcement of the provisions of Title
8 of the Dublin Municipal Code.
Intent. The intent of this Chapter is to ensure compliance with the
provisions of Title 8 of the Dublin Municipal Code and any conditions of
approval of a permit; to promote the City's planning and building efforts;
and to protect the public health, safety, and welfare of the City.
8.144.020 Duty of the City Council. It is the duty of the Dublin City Council to
assure the proper administration of Title 8 through enforcement of its
provisions. The City Council shall have the power to establish from time to
time such policies, rules and regulations not in conflict with Title 8 as are
necessary for that purpose. Said policies, rules and regulations shall be
adopted by the City Council by resolution.
8.144.030 Duty of City Manager It shall be the duty of the City Manager and his/her
designee to enforce the provisions of Title 8 of the Dublin Municipal Code.
8.144.040 Duty of the Department of Community Development.
A. Designation of officers or employees authorized to enforce Title 8. The Director
of Community Development may designate officers or employees to enforce the
provisions of Title 8. The Officers or employees so designated shall have the
authority to issue citations and commence abatement proceedings against anyone
who violates any of the provisions of Title 8.
B. Duty. It is the duty of the officers or employees of the Department of Community
Development so designated to enforce the requirements of this Title as directed by
the City Council.
8.144.050 Compliance.
A. Actions contrary to Title 8 are unlawful and a public nuisance. Any building or
structure set up, erected, constructed, altered, enlarged, converted, moved or
maintained contrary to Title 8; or any use or occupancy of any land, building or
premises established, conducted, operated or maintained contrary to Title 8 is
unlawful and is hereby declared to be a public nuisance and may be summarily
abated as such.
City of Dub/in Zoning Ordinance 144-1 September, 1997
ENFORCEMENT
Chapter 8.144
B. Compliance with provisions of Title 8. Every department and employee of the
City of Dublin authorized to issue permits or licenses affecting the use or
occupancy of land or of a building or structure within the City shall comply with
the provisions of Title 8.
C. No issuance of permit until action taken and time for appeal expired. No
permit shall be issued unless and until final action has been taken and any appeal
period has expired.
D. Permit or license contrary to provisions of Title 8 is null and void. Any permit
or license hereafter issued for a building, structure, use or occupancy contrary to the
provisions of Title 8 shall be null and void and of no effect.
8.144.060 Violations.
A. Infraction/Misdemeanor. Notwithstanding Section 1.04.030 of the Dublin
Municipal Code, any person, firm, or corporation violating or causing, or
permitting to be violated, or failing to comply with any of the provisions of Title 8
shall be guilty of an infraction unless such violation is described as a misdemeanor
by specific provisions of Title 8.
B. Separate offense. Each person, firm, or corporation shall be guilty of a separate
offense for each day and every day during any portion of which any violation of
any provision of Title 8 is committed, continued or permitted by such person, firm,
or corporation, and shall be punishable accordingly.
8.144.070 Remedies.
A. Civil Remedies. The Director of Community Development shall commence
appropriate action or proceedings to enforce the provisions of this Title and to
abate, remove or enjoin any violation of this Title.
B. Criminal Remedies. Any person, firm or corporation guilty of an infraction under
the provisions of Title 8 shall be punishable upon a first conviction of a fine of not
more than $100.00, and for a second conviction within a period of one year by a
fine of not more than $200.00, and for a third or any subsequent conviction within a
one-year period by a fine of not more than $500.00. Any violation beyond the third
conviction within aone-year period may be charged as a misdemeanor and the
penalty for conviction of the same shall be subject to fine or imprisonment or both
not to exceed the limits set forth in California Penal Code Section 19.
City of Dub/in Zoning Ordinance 144-2 September, 1997
ENFORCEMENT
Chapter 8.144
C. Other Applicable Remedies. The City Manager may seek compliance with the
provisions of Title 8 by pursuing any available remedy, alone or in combination, to
correct the violation.
D. Cumulative. All remedies contained in Title 8 for handling violations or for
enforcing the provisions of Title 8 shall be cumulative and not exclusive of any
other applicable provisions of City, County or State Law.
8.144.080 Inspections. Every property owner or applicant seeking a permit or other
approval under Title 8 shall permit the City access from time to time to any
premises or property to render inspections as deemed necessary to
determine or ensure compliance with this Title. Upon issuance of a permit
or any other approval under Title 8, the property owner or applicant shall
permit the City access to the premises in order to determine continued
compliance with the approved permit and/or any conditions of approval.
City of Dub/in Zoning Ordinance 144-3 September, 1997
Proposed Changes to
Zoning Ordinance
CHAPTER 8.36
8.36.0]0
DEVELOPMENT REGULATIONS
Purpose. The purpose of this Chapter is to set forth Development Regulations relating to
lot area, lot square footage per residence, lot width, lot frontage, lot depth, residential
use, setbacks, distance between residences, lot coverage, lot lines, yards and height limits
as shown in the accompanying charts and text
Intent. The intent of this Chapter is to secure the necessary provision for light, air,
privacy, and safety from fITe hazards, and to ensure that development within the City of
Dublin provides a high quality living and working environment consistent with the
policies of the City General Plan.
8.36.020 Agricultural and Residential Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable
Specific Plans, and the following development regulations:
A. Development Regulations are minimums unless stated as maximums. All areas are given in
net square feet.
STANDARD A R-l R-2 R-M
LOT AREA
Interior lot 100 acres 4,000 8,000 5,000
sq. ft. sq. ft. sq. ft.
Comer lot 1 00 acres 5,000 9,000 6,000
sq. ft. sq. ft. sq. ft.
LOT SQUARE NA 4,000 sq. ft. and larger 4,000 sq. ft. and larger 750 sq. ft. and larger as
FOOTAGE PER as consistent with as consistent with consistent with General
DU General Plan General Plan. Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet 80 feet 50 feet
Comer lot 300 feet 60 feet 90 feet 60 feet
LOT DEPTH NA 100 feet I 00 feet 100 feet
RESIDENTIAL I duo I du 2 du's 1 du per full 750 sq. ft.
USE (maximum 1 Second Unit 1 Second Unit. (and larger as consistent
per lot) with General Plan)
SETBACKS
Front 50 feet 20 ft. avg. 20 ft. avg. 18 ft. 20 ft.
18 fi minimum to mmlmum
garage (1)
Side 30 feet +-feet (2) I 0 feet 10 feet(3)
Street Side 50 feet 1 0 feet 10 feet 10 feet
Rear 50 feet 20 feet 20 feet 30 feet
(1) Livmg spaces may encroach to IS ft. from Front Lot Line with Site Development Review on Jots
up to 6,000 square feet in size.
(2) Side Yard setbacks fef in the R- I zoning district zeRe6 areas west af Del:l~herty Reaa shall be a
minimum of 5 feet plus one foot for each fulll 0 feet by which lot width exceeds minimum lot
width up to a maximum of 10 feet.
(3) Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Y a~d on
one side.
~
Page 36-]
Proposed Changes to
Zoning Ordinance
STANDARD A R-1 R-2 I R-M
DISTANCE 100 feet 10 feet eefweefl fleJT- ,20 feet I 20 feet
BETWEEN iahaeitaBle sf'aees,
RESIDENCES 15 feet bet\veeR
wkabitaBle 5j3aees aHa
MY ether 5j3aGe
MAXIMUM LOT NA 40% 1 story, 35% 2 40% 1 story, 35% 2 40% I story, 35% 2
COVERAGE stories stories stories
COMMON NA , NA NA 30 % of net site area
USEABLE
OUTDOOR ^
SPACE
HEIGHT LIMITS (1) ( (1) (1) (2)
(I) 25 feet Ema:! steries West efDeughert')' Reaa; 35 feet ane:! steries ~a5t efDeu~he!tJ. Reaa.
(I) West ofDoue;hertv Road 25 feet and 2 stories; mav be increased to 35 feet and 2 stories pursuant to a
Site Development Review at>prova} by the Planning Commission. East ofDou2hertv Road. 35 feet and
2 stories.
(2) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more duo and lot coverage does not
exceed 35%.
8.36.030 Commercial and Industrial Developinent Regulations. It is required that every building
shall be built upon a site which confonns to the General Plan, applicable Specific Plans, and
the following regulations: .
A. Development Regulations are minimums unless stated as muimums. All areas are given in net
square feet.
STANDARD C-O C-N C-t c C-2 M-P M-I M-2
LOT AREA
Interior lot 10,000 5,000 5,000 6,000 40,000 20,000 40,000
sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.. sq. ft.
Comer lot 11 ,000 6,000 6,000 7,000 40,000 20,000 40,000
sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.
LOT WIDTH &
FRONTAGE
Interior lot 70 feet 50 feet 50 feet 50 feet 150 feet 100 feet 150 feet
Comer lot 80 feet 60 feet 60 feet 60 feet 150 feet } 00 feet 150 feet
LOT DEPTH 100 feet I 00 feet 100 feet 100 feet I 00 feet 100 feet 100 feet
SETBACKS
Frort 20 feet 20 feet o feet (1) o feet (1) 50 feet 10 feet 10 feet
Side 10 feet o feet (2) o feet (2) o feet (2) 20 feet ) 0 feet 1 0 feet
Street Side 10 feet 10 feet o feet (3) o feet (3) 20 feet 10 feet 10 feet
Rear 10 feet o feet (4) o feet (4) o feet (4) 40 feet 20 feet 10 feet
HEIGHT LIMITS 35 feet 35 feet 45 feet (5) 45 feet (5) 35 feet 45 feet 45 feet
(]) 0 feet except, if abutting an R zoning; district or c-o or CoN zoning district, the same as the Front Yard
Setback of that zoning district.
(2) 0 feet except, if abutting an R zoning district, the same as the Side Yard Setbacks ofthat district.
(3) 0 feet except, if the Street Side Yard ofa comer lot in a C-} or C-2 zoning district abuts a Key Lot in
any R, CoO or C~N zoning district, not less than 1/2 of the Front Yard setback required for the Key
Lot.
(4) 0 feet except, 15 feet if a C-I or C-2 zoning district backs up on an R zoning district.
(5) 45 feet except, 35 feet if principal structure in a C-} or C-2 zoning distr;ict is within 50 feet of an R
zoning district.
Page 36-2
'7
tY'~ .
Proposed Changes to
Zoning Otdinance
3. Height. Detached accessory structures, unless specified otherwise in
this Chapter, shall have a maximum height of 15 feet. Detached accessory
structures in the Agriculture zoning district shall have a maximum height of
15 feet except for barns which may be 2 stories high if the upper story is
designated only for storage of hay and agricultural supplies.
4. Inhabitable space. Accessory structures, with the exception of Guesthouses,
shall not be constructed so as to provide year-round inhabitable space.
5. Location of Accessory Structure. Shall be on the same lot as principal use.
6. Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or
other similar enclosure constructed of lattice, or equivalent material through
which air and light can pass, shall be constructed so that 80% of each side,
which is not attached to a principal structure, is open and not inhabitable on a
year-round basis.
7. Public Works Setbacks. No accessory structure shall be located between
the Street right-of-way line and a Future Right-of-Way Line.
8. Separation of detached accessory structure from other structures on the
same Jot. No detached accessory structure shall be located within 6 feet of
any other structure on the same lot.
9. Side Yards shall not be obstructed to less than their required width.
Notwithstanding that certain accessory structures may be located in a Side
Yard, RO Side Yard SHall be obstructed to less tHan its r-equired width by aR)'
accessory stnIcture. FHrtnermore, no Side Yard sRall be "'lesked to less than
its required widtH by vehicles, obstacles, furniture, aflJ3liances, deeris, or
otner items whieH .....eHld impair aecess. The intent oftliis regulatieR is to
8RSl:1re that aesessory structur-es aRd otner items are not places iR a Side Yard
adjaeeRt to tHe principal stnleture resHltiHg iR tHe impairment of access ta
less than that required for a Side Yarii. such accessory structures shall be
located so that at least one Side Yard. which shall be gated. shall provide at
least a 36 inch width of direct and unobstructed oassage to the Rear Yard.
10. Timing of Construction. Accessory structures. temporary structures, and
swimming pools shall be constructed or otherwise established at the same
time as, or after, the principal structure or use.
D. Requirements for Specific Accessory Structures that Apply City-wide.
1. Antennae. Antennae are subject to the provisions of Chapter 8.92, Wireless.
Communications Facility Regulations.
Page 40-2
~
Proposed Changes to
Zoning Ordinance
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from
any property line. Additional height may be authorized through Conditional
Use Permit approval by the Zoning Administrator.
E. Agricultural Accessory Structures permitted by means of Site Development
Review. All agricultural accessory structures, including, but not limited to, stable,
barns, pens, corrals, greenhouses, or coops are permitted by means of a Site
Development Review in the Agricultural zoning district.
F. Permitted Residential Accessory Structures.
1.
General requirements.
..{'
a. Adjacent a fence or wall. No accessory structure shan be located
against any '....all or fence if an)' portion oftne accessory structure
would appear abO,\'El the plune of the fence or wall, exeept as follows:
Anv accessory structure located within 6 feet of a fence or wall mav
have a maximum height of 8 feet.
1. Setbaek Any accessory structure adjacent to a fence or wall
may be taller than tAat fence or ......all if it is set back a distance
from tHe fence or ',vall equal to the height oftne accessory
strl:leture.
b. Enclosed Accessory Structures in Multi-Family districts. No
enclosed accessory structure shall be erected in a Multi-Family
zoning district unless pursuant to a Site Development Review.
c. In Front of a Residence. No accessory structure, with the exception
of an entry feature, shall be located in the Front Yard, the area
between the Front Yard and the residence, or within the portion of a
Side Yard or a Street Side Yard that projects in front of the residence.
d. Key lots. On a corner lot in an R-l or R-2 zoning district adjacent to
a Key Lot no accessory structure shall be closer to the Street Side Lot
Line than 1 0 feet.
e. Maximum square footage of detached accessory structures
(excluding swimming pools) on a-lot. The combined maximum
square footage of a detached accessory garage, workshop, studio, or
office shall not exceed 1,000 square feet unless a larger size is
approved by the Zoning Administrator by means of a Conditional Use
Permit.
Page 40-3
fj
Proposed Changes to
Zoning Ordinance
CHAPTER 8.64
HOME OCCUPATIONS REGULATIONS
8.64.010
8.M.020
8.64.0';20
8.64.0430
Purpose. The purpose of this Section is to allow Home Occupations for
the gainful employment of the occupant of a dwelling in a limited
commercial activity, with such employment activity being incidental and
subordinate to the residential use of the property.
Intent. The intent of this Section is to ensure that Home Occupations are
compatible with, and do not change the character of the surrounding
residential area by generating more traffic, noise, odors, visual impacts, or
storage of materials than would normally be expected in a residential
zoning district.
ZaRing Clearanee Required. Zoning Clearances are required for Home
Occupations which are permitted as aeeessory uses in all residential
zoniag distriets. tIe Home Occupation may be conducted until a Zoning
Clearance is issued.
Business License Required. Business licenses are required for Home
Occupations which are permitted as accessory uses in all residential
zoning districts. No Home Occupation may be conducted until a Business
License is issued.
Limitations on Use. A Home Occupation shall conform to the following
limitations on use: .
A. Accessory Strncturefl'emporary Structure. No Home Occupation may be
conducted within an Accessory Structure or a temporary structure.
B. Appearance of the Residence. The Home Occupation shall not alter the external
appearance of the residence.
C. Construction Equipment/Work Vehicles. No construction equipment or work
vehicles such as plumbing vans, electronic repair vans, or similar equipment or
work vehicles (except a Company Vehicle permitted by Section 8.64.040.E
below), as determined by the Director of Community Development, shall be
stored which is used by the occupant of the residence or his/her employees in
connection with a Home Occupation. .
D. CodeslLawslRegulations. A Home Occupation shall conform to all applicable
codes, laws and regulations.
10 Page 64-1
Proposed Changes to
Zoning Ordinance
E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no
larger than 3/4 ton (whether or not marked with a company name or logo) may be
parked in a residential zoning district and used by the occupant directly or
indirectly in connection with a Home Occupation.
F. Employees. No Home Occupation shall employ individuals who do not live in
the residence.
G. Equipment/Appliances/Storage of Materials of Non-Residential Nature.
There shall be no installation of equipment or appliances or storage of materials,
of a non-residential nature in a residence or Accessory Structure, as determined by
the Director of Conununity Development.
H. Fire Safety/Occupancy. Activities conducted and equipment or material used as
part of a Home Occupation shall not change the fire safety or occupancy
classifications of the residence as set forth in the Uniform Building Code. The
Home Occupation shall not employ the storage of flammable, explosive, or
hazardous materials unless specifically approved by the Alameda County Fire
Department.
I. Incidental and Subordinate Use. A Home Occupation shall be incidental and
subordinate to the residential use of the property.
J. IndoorslLimited to one room. The Home Occupation shall be conducted
indoors and shall be limited completely to one room located within the residence,
or to the garage.
K. Merchandise For Sale Or Rent From the Premises. There snall be no storage
en the premises for sale or rentw of any merchandise, stoe!;: of items, er .;oods
from the premises whisk are not home made. No merchandise or goods shall be
sold. leased or rented from the residence in which a business license for a home
occupation has been issued if the sale. lease or rental requires the customer to visit
that residence for delivery.
L. Multiple Home Occupations. There shall not be more than two Home
Occupations per residence.
M. Nuisances. No Home Occupation shall create or cause traffic. noise, dust, light,
vibration, odor, gas, fumes, toxiclhazardous materials, smoke, glare, electrical
interference, or other hazards or nuisances beyond those normal for a residential
area or which may be perceptible at or beyond the lot line as determined by the
Director of Community Development.
Page 64-2
/I
Proposed Changes to
Zoning Ordinance
N. Outdoor StoragelDisplay. There shall be no outdoor storage or display of
merchandise, equipment, appliances, tools, materials, or supplies associated with
a Home Occupation.
O. Parking. No vehicle used for a Home Occupation shall occupy a required
parking space of a residence. No Home Occupation shall occupy a required
parking space of a residence. One off-street parking space (other than in the
driveway) shall be provided for a vehicle used for the Home Occupation.
P. Rented Property. If the Home Occupation is to be conducted on rental property,
the property owner's written authorization for the proposed use shall be obtained
and submitted to the City prior to the application for a Business License or Zoning
Clearance.
Q. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being
repaired or dismantled within a residential garage shall be owned by an occupant
of the residence and shall be carried out in full compliance with all applicable
laws and regulations.
R. Signs. There shall be no advertising sign, window display, or other identification
of the Home Occupation on the premises other than a house number and
nameplate as permitted by Section 8.84~140.D House Numbers and Name Plates.
S. Storage. The storage of equipment, materials, wastes, and other items needed for,
or produced by, the construction, landscaping, or service trades is prohibited.
T. Students. No more than two students may be given instruction in music,
academics, dance, swimming, or other subjects as determined by the Community
Development Director in a residence at one time. No students may be given
instruction between the hours of9:00 p.m. and 8:00 a.m.
U. Vehicular TripslDelivery Trips. No Home Occupation shall generate more than
five additional pedestrian or vehicular trips in exce~s of that customarily
associated with the zoning district in which it is located, or more than two
delivery trips per day. No deliveries shall be made between the hours of9:00 p.m.
and 8:00 a.m.
8.64.0S40
Prohibited Home Occupations. The following Home Occupations (and
any additional Home Occupations, as determined by the Director of
Community Development), are in violation of the Purpose and Intent
and/or the Limitations on Use of this Section, and are prohibited:
A.
Adult Businesses Establishments.
B.
Barber Shop or Beauty Shop.
I)..
Page 64-3
Proposed Changes to
Zoning Ordinance
C. Carpentry or cabinet making.
D. Dance or night club.
E. FortunetelIing.
F. Grooming, breeding, training or raising of dogs, cats, or other animals.
G. Medical and dental offices, clinics, and laboratories.
H. Mini-storage.
I. Real Estate Offiee.
JI. Repair (body or mechanical) or reupholstering of vehicle not owned by the
resident. (Note: painting of motorized vehicles or the repair and
maintenance of any tractor trucks or semi-trucks is prohibited in any
residential zoning district by Section 8.40.030.E.8, Accessory Structures and
Uses Regulations.
KJ. Repair Shops (of appliances, electronic equipment, furniture, and similar
items as determined by the Director of Community Development), Fix-it
shops, or plumbing shops.
I.K. Restaurant.
ML. Welding and machining.
8.'4.0tiO
RcyoeatioB of ZOBiBg ClearaBee. .\ zoning clearance for a Home
Occupation may be r-e':oked in the mar.ner described in Section 8.98.0"'0--1,
Permit Procedures. In ad~ition to IDe findings that eould be made to.
revoke a permit in that section, a decision to revoke a Zoning Clearance
may also be made if anyone of the follo...;iag findifl~s CaB be made:
A. That the Home Occupation has become detrimental to the public health, safety,
and 'Nelfare.
B. That the Home Occupation no longer complies with the Pmpose and Intent of this
Section.
C. That the Home Occupatiofl no longer complies with the Limitatiofls on Use of this
Section.
Page 64-4
I~
)
Proposed Changes to
Zoning Ordinance
CHAPTER 8.116
8.116.010
8.116.020
ZONING. CLEARANCE
Purpose. The purpose of this Section is to establish a procedure for
certifying conformance of a Building Permit, Home Occupation, or Sign,
application with the requirements of this Title, the General Plan, any
applicable Specific Plans, and the terms and conditions of any applicable
permits or variances.
Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Heme OeeupatieBs.
(;;B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance.
8.116.030
8.116.040
Application. The Applicant shall submit a complete application for a
Building Permit (for a structure or a sign), or for a Home Occupation. Ail
application for a Home Occupation shall include a written statement
demonstrating consistency of the proposed home occupation with the
requirements of Chapter 8.64, Home Occupations Regulations, and other
information as may be required by the Director of Community
Development.
Approval. The Director shall decide Zoning Clearance applications as
follows:
A. Building Permit. All building permit applications shall be reviewed for
consistency with the regulations of this Title as required by Chapter 8.04, Title
Purpose and Authority. The Zoning Clearance approval for a Building Permit
shall be a signature and date on the Building Permit and an initialed and dated
stamp of approval on the approved building plans.
B. Home Occupation. All applications for a Home Occupation shall be reviewed
for consistency with Chapter 8.64, Home Occupations Regulations. A Home
Occupation application shall be filed at the same time the Applicant applies for a
Business License. The Zoning Clearance approval for a Home Occupation shall
be an initialed and dated stamp of approval on the Home Occupation Application
and on the written description demonstrating consistency with the Home
Occupation Regulations.
/'1
Page 116-1
ZONING DISTRICTS AND PERMITTED USES OF LAND
Chapter 8.12
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-] R-2 R-M C.O CoN C-l C-2 M-P M-l M-2
Agricultural Housing C/ZA - - - - - - - - - -
Animal Keeping - Residential P P P P - - - - - - -
Boarding House - C/ZA C/ZA C/ZA - - ~ - - - -
Caretaker Residence C/ZA - - - - - C/PC CIPC CIPC C/PC C/PC
Community Care Facility/Small P P P P - - - - - - -
Duplex - - P P . - - . - - - -
Farm Mobile Home C/ZA - - - - - - - - - -
GaragelY ard Sale P P P P - - - - - - -
Home Occupation ZC ZC ZC ZC - - - - - - -
Large Family Day Care Home C/PC C/PC C/PC CIPC - - - - - - -
Mobile Home P P P - - - - - - - -
Mobile Home /Manufactured - C/PC C/PC - - - - - - - -
Home Park
Multi-Family Residence - - P P - - - - - - -
Parking Lot - Residential - C/ZA C/ZA C/ZA - - - - - - -
Residential Use Secondary to - - - - - . C/PC - - - -
Commercial Use
Second Unit - C/ZA - - - - - - - - -
Single Family Residence P P P P - - - - - - -
Small Family Day Care Home P P P P - - - - - - -
Temporary Mobile Home/ TUP TUP TUP - - - - - - - -
Manufactured Home
Tract and Sales Officel - TUP TUP TUP - - - - - - -
Model Home Complex
CIVIC USE TYPES
CIVIC USE TYPE A R-l R-2 R-M CoO CoN C-l C-2 M-P M-l M-2
Community Clubhouse - CIPC C/PC C/PC - - C/PC - - - -
Community Facility C/PC C/PC C/PC CIPC CfPC I C/PC C/PC C/PC C/PC C/PC CIPC
Hospital/Medical Center - - - C/PC - - C/PC C/PC - - -
Industrial Transfer/Storage/ - - - - - - - - - C/PC C/PC
Treatment Facility
Newspaper Recycling Bin TUP TUP TUP TUP TUP I TUP TUP TUP - - -
Small Scale Transfer - - - - - I - - - - C/PC C/PC
and Storage Facility
1$
City of Dublin Zoning Ordinance
12-3
September, 1997
EX'H'IBIT; C
DEVELOPMENT REGULATIONS
Chapter 8.36
. CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.010
Purpose. The purpose oftrus Chapter is to set forth Development Regulations
relating to lot area, lot square footage per residence, lot width, lot frontage, lot depth,
residential use, setbacks, distance between residences, lot coverage, lot lines, yards
and height limits as shown in the accompanying charts and text.
Intent. The intent of this Chapter is to secure the necessary provision for light, air,
privacy, and safety from fIre hazards, and to ensure that development within the City
of Dublin provides a high quality living and working environment consistent with
the policies of the City General Plan.
8.36.020
Agricultural and Residential Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable
Specific Plans, and the following development regulations:
A.Development Regulations are minimums unless stated as maximums. All areas are
given in net square feet.
STANDARD A R-l R-2 R-M
LOT AREA
Interior lot I 00 acres 4,000 8,000 5,000
sq. ft. sq. ft. sq. ft.
Comer lot I 00 acres 5,000 9,000 6,000
sq. ft. sq. ft. sq. ft.
LOTSQUARE NA 4,000 sq. ft. and larger 4,000 sq. ft. and larger 750 sq. ft. and larger as
FOOT AGE PER as consistent with as consistent with consistent with General
DU General Plan General Plan. Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet 80 feet 50 feet
Comer lot 300 feet 60 feet 90 feet 60 feet
LOT DEPlli NA 100 feet 100 feet 100 feet
RESIDENTIAL I duo I du 2 du's I du per full 750 sq. ft.
USE (maximum I Second Unit I Second Unit (and larger as consistent
per lot) with General Plan)
SETBACKS
Front 50 feet 20 ft. avg. 20 ft. avg. 18 ft. 20 ft.
18 ft minimum to mInImum
garage (1)
Side 30 feet (2) 10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet 20 feet 30 feet
(])
(2)
Livmg spaces may encroach to IS ft. from Front Lot Line with Site Development Review on lots up to 6,000
square feet in size.
Side Yard setbacks in theR-l zoning district shall be a minimum of5 feet plus one foot for each full 10 feet'
by which lot width exceeds minimum lot width up to a maximum of 10 feet.
Buildings with 4 or more residences in the R-M zoning district shall have a IS foot Side Yard on one side.
"
(3)
City of Dublin Zoning Ordinance
36-1
September, 1997
DEVELOPMENT REGULATIONS
Chapter 8.36
STANDARD A R-t R-2 R-M
DISTANCE 100 feet 10 feet 20 feet 20 feet
BETWEEN
RESIDENCES
MAXIMUM LOT NA 40% 1 story, 35% 2 40% 1 story, 35% 2 40% 1 story, 35% 2
COVERAGE stories stories stories
COMMON NA NA NA 30 % of net site area
,
USEABLE
OUTDOOR
SPACE
HEIGHT LIMITS (1) (1) (1) (2)
(]) West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stones pursuant to a Site
Development Review approval by the Planning Commission. East of Dougherty Road; 35 feet and 2 stories.
(2) 35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more duo and lot coverage does not exceed
35%.
8.36.030
Commercial and Industrial Development Regulations. It is required that every
building shall be built upon a site which conforms to the General Plan, applicable
Specific Plans, and the following regulations:
A. Development Regulations are minimums unless stated as maximums. All areas are
given in net square feet.
STANDARD C.O C-N Co] C-2 M-P M-I M-2
LOT AREA
Interior lot 10,000 5,000 5,000 6,000 40,000 20,000 40,000
sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.
Comer lot 11,000 6,000 6,000 7,000 40,000 20,000 40,000
sq.-ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. sq. ft.
LOT WIDTH &
FRONTAGE
Interior lot 70 feet 50 feet 50 feet 50 feet 150 feet 100 feet 150 feet
Comer lot 80 feet 60 feet 60 feet 60 feet 150 feet 100 feet 150 feet
LOT DEPTH I 00 feet 100 feet I 00 feet 1 00 feet 100 feet 100 feet 100 feet
SETBACKS
Front 20 feet 20 feet o feet (1) o feet (I) 50 feet I 0 feet I 0 feet
Side 10 feet o feet (2) o feet (2) o feet (2) 20 feet 10 feet 10 feet
Street Side I 0 feet I 0 feet o feet (3) o feet (3) 20 feet 10 feet I 0 feet
Rear 10 feet o feet (4) o feet (4) o feet (4) 40 feet 20 feet 1 0 feet
HEIGHT LIMITS 35 feet 35 feet 45 feet (5) 45 feet (5) 35 feet 45 feet 45 feet
(I) 0 feet except, if abuttmg an R zoning district or C-O or CoN .zoning district, the same as the Front Yard
Setback of that zoning district.
(2) 0 feet except, if abutting an R zoning district, the same as the Side Yard Setbacks of that district.
(3) 0 feet except, if the Street Side Yard ofa comer lot in a C-I or C-2 zoning district abuts a Key Lot in any R,
CoO or C-N zoning district, not less than 1/2 of the Front Yard setback required for the Key Lot.
(4) 0 feet except, 15 feet if a C-I or C-2 zoning district backs lip on an R zoning district.
(5) , 45 feet except, 35 feet if principal structure in a C.l or C-2 zoning district is within 50 feet of an R zon ing
district.
J1
City of Dublin Zoning Ordinance
36-2
September, 1997
ACCESSORY STRUCTURES ANLJ USES REGULATIONS
Chapter 8.40
3. Height. Detached acc~ssorystrUctures, unI~ss specified otherwise in this
Chapter, shall have a maximum height of 15 feet. Detached accessory
struch!res in the Agriculture zoning district shall have a maximum height of
15 feet except for bams which may be 2 stories high if the upper story is
designated only for storage of hay and agricultural supplies.
4. Inhabitable space. Accessory structures, with the exception of
Guesth<:>uses, shall not.be constructed so asto provide year-round
inhabitable space.
5. Location of Accessory Structure. Shall be on the same lot as principal
use.
6. Maximum enclosure of gazebo or patio cover. A gazebo, patio cover, or
other similar enclosure constructed of lattice, or equivalent material through
which air and light can pass, shall be constructed so that 80% of each side,
which is not attached to a principal structure, is open and not inhabitable on
a year-round basis.
7. Public Works Setbacks. No accessory structure shall be located between
the Street right-of-way line and a Future Right-of-Way Line.
8. . Separation of detached accessory structure from other structures on
the same lot. No detached accessory structure shall be located within 6 feet
of any other structure on the same lot.
9. One Side Yard shall not be obstructed to less than 36 inches.
Notwithstanding that certain accessory structures may be located in a Side
Yard, such accessory structures shall be located so that at least one Side
Yard, which shall be gated, shall provide at least a 36 inch width of direct
unobstructed passage to the Rear Yard.
10. Timing of Construction. Accessory structures, temporary structures, and
swimming pools shall be constructed or otherwise established at the same
time as, or after, the principal structure or use.
D. Requirements for Specific Accessory Structures that Apply City-wide.
1. Antennae. Antennae are subject to the provisions of Chapter 8.92,
Wireless Communications Facility Regulations.
2.
Flag poles. Maximum height of 35 feet with a minimum 5 foot setback
from any property line. Additional height may be authorized through
Conditional Use Permit approval by the Zoning Administrator.
It
City of Dublin Zoning Ordinance
40-2
September, 1997
ACCESSORY STRUCTURES AND USES REGULATIONS
Chapter 8.40
E. Agricultural Accessory Structures permitted by means of Site Development
Review. All agricultural accessory structures, including, but not limited to, stable,
barns, pens, corrals, greenhouses, or coops are permitted by means of a Site
Development Review in the Agricultural zoning district.
F. Permitted Residential Accessory Structures.
1. General requirements.
CIIY COUNCIL DIRECTION
Delete Section 8.020.FI.a. and limit accessory structures to maximum 8foot
height.
STAFF RECOMMENDATION
~
a.
Adjacent afence or wall. Any accessory structure located within 6
feet of a fence or wall may have a maximum height of 8 feet.
b. Enclosed Accessory Structures in Multi-Family districts. No
enclosed accessory structure shall be erected in a Multi-Family
zoning district unless pursuant to a Site Development Review.
c. In Front of a Residence. No accessory structure, with the
exception of an entry feature, shall be located in the Front Yard, the
area between the Front Yard and the residence, or within the portion
of a Side Yard or a Street Side Yard that projects in front of the
residence.
d. Key lots. On a corner lot in an R-l orR-2 zoning district adjacent
to a Key Lot no accessory structure shall be closer to the Street Side
Lot Line than 10 feet.
e. Maximum square footage of detached accessory structures
(excluding swimming pools) on a lot. The combined maximum
square footage of a detached accessory garage, workshop, studio, or
office shall not exceed 1,000 square feet unless a larger size is
approved by the Zoning Administrator by means of a Conditional
Use Permit.
/1
City of Dub/in Zoning Ordinance
40-3
September I 1997
HOME OCCUPA nONS REGULATIONS
Chapter 8.64
CHAPTER 8.64
HOME OCCUPATIONS REGULATIONS
8.64.010
Purpose. The purpose of this Section is to allow Home Occupations for
the gainful employment of the occupant of a dwelling in a limited
commercial activity, with such employment activity being incidental and
subordinate to the residential use of the property.
Intent: The intent of this Section is to ensure that Home Occupations are
compatible with, and do not change the character of the surrounding
residential area by generating more traffic, noise, odors, visual impacts, or
storage of materials than would normally be expected in a residential
zoning district.
8.64.020
Business License Required.. Business licenses are required for Home
Occupations which are permitted as accessory uses in all residential
zoning districts. No Home Occupation may be conducted until a Business
License is issued.
8.64.030
Limitations on Use. A Home Occupation shall conform to the following
limitations on use:
A. Accessory Structureffemporary Structure. No Home Occupation may be
conducted within an Accessory Structure or a temporary structure.
B. Appearance of the Residence. The Home Occupation shall not alter the external
appearance of the residence.
C. Construction EquipmentIWork Vehicles. No construction equipment or work
vehicles such as phunbing vans, electronic repair vans, or similar equipment or
work vehicles (except a Company Vehicle permitted by Section 8.64.040.E
below), as determined by the Director of Community Development, shall be
stored which is used by the occupant of the residence or hislher employees in
connection with a Home Occupation.
D. CodeslLawslRegulations. A Home Occupation shall conform to all applicable
codes, laws and regulations.
E. Company Vehicle. One company vehicle (a truck, van, or automobile only) no
larger than 3/4 ton (whether or not marked with a company name or logo) may be .
parked in a residential zoning district and used by the occupant directly or
indirectly in connection with a Home Occupation.
F.
Employees. No Home Occupation shall employ individuals who do not live in
the residence.
).t:>
City of Dublin Zoning Ordinance
64-1
September, 1997
HOME OCCUPATIONS REGULATIONS
Chapter 8.64
G. Equipment/Appliances/Storage of Materials of Non-Residential Nature.
There shall be no installation of equipment or appliances or storage of materials,
of a non-residential nature in a residence or Accessory Structure, as determined by
the Director of Community Development.
H. Fire Safety/Occupancy. Activities conducted and equipment or material 'used as
part of a Hom~ Occupation shall not change the fire safety or occupancy
classifications of the residence as set forth in the Uniform Building Code. The
Home Occupation shall not employ the storage offlanunable, explosive, or
hazardous materials unless specifically approved by the Alameda County Fire
Department.
I. Incidental and Subordinate Use. A Home Occupation shall be incidental and
subordinate to the residential use of the property.
J. IndoorslLimited to one room. The Home Occupation shall be conducted
indoors and shall be limited completely to one room located within .the residence,
or to the garage.
K. Merchandise For Sale Or Rent From the Premises. No merchandise or goods
shall be sold, leased or rented :from the residence in which a business license for a
home occupation has been issued if the sale, lease or rental requires the customer
to visit that residence for delivery. .
L. Multiple Home Occupations. There shall not be more than two Home
Occupations per residence.
M. Nuisances. No Home Occupation shall create or cause traffic, noise, dust, light,
vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical
interference, or other hazards or nuisances beyond those normal for a residential
area or which may be perceptible at or beyond the lot line as determined by the
Director of Community Development.
N. Outdoor StoragelDisplay. There shall be no outdoor storage or display of
merchandise, equipment, appliances, tools, materials, or supplies associated with
a Home Occupation.
O. Parking. No vehicle used for a Home Occupation shall occupy a required
parking space of a residence. No Home Occupation shall occupy a required
parking space of a residence. One off-street parking space (other than in the
driveway) shall be provided for a vehicle used for the Home Occupation.
P.
Rented Property. lfthe Home Occupation is tobe conducted on rental property,
the property owner's written authorization for the proposed use shall be obtained
)./
.
City of Dublin Zoning Ordinance
64-2
September, 1997
HOME OCCUPk riONS REGULATIONS
Chapter 8.64
and submitted to the City prior to the application for a Business License or Zoning
Clearance.
Q. Repair or Dismantling of Vehicles Within a Garage. Any vehicle being
repaired or dismantled within a residential garage shall be owned by an occupant
of the residence and shall be carned out in full compliance with all applicable
laws and regulations.
It Signs. There'shall be no advertising sign, wipdow display, or other identification
of the Home Occupation on the premises other than a house number and
nameplate'as permitted by Section 8.84.140.D House Numbers and Name Plates.
S. Storage. The storage of equipment, materials, wastes, and other items needed for,
. or produced by, the construction, landscaping, or service trades is prohibited.
T. Students. No more than two students may be given instruction in music,
academics, dance, swimming, or other subjects as determined by the Community
Development Director in a residence at one time. No students may be given
instruction between the hours of 9:00 p.m. and 8:00a.m.
U. Vehicular Tripsffielivery Trips. No Home Occupation shall generate more than
five additional pedestrian or vehicuJ.ar trips in excess of that customarily
associated with the zoning district in which it is located, or more than two
delivery trips per day. No deliveries shall be made between the hours of9:00 p.m.
and 8:00 a.m.
8.64~040
Prohibited Home Occupations. The following Home Occupations (and
any additional Home Occupations, as determined by the Director of
Community Development), are in violation of the Purpose and Intent
andlor the Limitations on Use of this Section, and are prohibited:
A. Adult Businesses Establishments.
B. Barber Shop or Beauty Shop.
C. Carpentry or cabinet making.
D. Dance or night club.
E. FortuneteJling.
F. Grooming, breeding, training or raising of dogs, cats, or other animals.
G. Medical and dental offices, clinics, and laboratories.
:J.~
City of Dublin Zoning Ordinance
64-3
September, 1997
HOME OCCUPA TJONS REGULATIONS
Chapter 8.64
H. Mini-storage.
I. Repair (body or mechanical) or reuphoJ,stering of vehicle not owned by the
resident. (Note: painting of motorized vehicles or the repair and
maintenance of any tractor trucks or semi-trucks is prohibited in any
residential zoning district by Section 8.40.030.E.8, Accessory Structures and
Uses Regulations.
J. Repair Shops (of appliances, electronic equipment, furniture, and similar
items as determined by the Director of Community Development), Fix-it
shops, or plumbing shops.
K. Restaurant.
L. Welding and machining.
).~
City of 'Dublin Zoning Ordinance
64-4
September, 1997
L.ONING CLEARANCE
Chapter 8.116
CHAPTER 8.116
8.116.010
8.116.020
ZONING CLEARANCE
Purpose. The purpose of this Section is to establish a procedure for
certifying conformance of a Building Permit, Home Occupation, or Sign,
application with the requirements of this Title, the General Plan, any
applicable Specific Plans, and the terms and conditions of any applicable
permits or variances.
Applications Requiring a Zoning Clearance.
A. Building Permit.
B. Signs. All signs which have been identified in Chapter 8.84, Sign Regulations, as
requiring a Zoning Clearance.
8.116.030
8.116.040
Application. The Applicant shall submit a complete application for a
Building Permit (for a structure or a sign), or for a Home Occupation. An
application for a Home Occupation shall include a written statement
demonstrating consistency of the proposed home occupation with the
requirements of Chapter 8.64, Home Occupations Regulations, and other
information as may be required by the Director of Community
Development.
Approval. The Director shall decide Zoning Clearance applications as
follows:
A. Building Permit. All building permit applications shall be reviewed for
consistency with the regulations of this Title as required by Chapter 8.04, Title
Purpose and Authority. The Zoning Clearance approval for a Building Permit
shall be a signature and date on the Building Permit and an initialed and dated
stamp of approval on the approved building plans.
B. Signs. All signs identified in the Sign Regulations as requiring a Zoning
Clearance shall be applied for and approved as in Section 8.116.040.A, Building
Permit.
8.116.050
;.1
Expiration Of Zoning Clearance. A Zoning Clearance issued in
conjunction with a Building Permit, shall expire when the Building Permit
expires.
September, 1997
City of Dublin Zoning Ordinance
116-1