HomeMy WebLinkAbout4.11 Housing Element AmendSTAFF REPORT CITY CLERK
DUBLIN CITY COUNCIL File # ❑ ffiFM-[ z
DATE: April 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE - PUBLIC HEARING: PLPA-2010-00022 Zoning Ordinance Amendments
(Legislative) — Amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) related to implementation of the 2009-2014 Housing Element
Report prepared by Mamie R. Waffle, Senior Planner
EXECUTIVE SUMMARY:
On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-
2014 planning period and on May 12, 2010 the updated Housing Element was certified by the
Department of Housing and Community Development. The Housing Element contains programs
that define the specific actions the City will undertake to achieve the goals and policies set forth in
the Housing Element. Some of the programs require that the Zoning Ordinance be amended to
facilitate the development of a variety of housing options. The proposed Zoning Ordinance
Amendments include amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and
Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts),
8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off -Street Parking and
Loading Regulations), and 8.116 (Zoning Clearance) and the addition of Chapters 8.38
(Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46
(Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The
City Council will hold a second reading of City -initiated amendments to Title 8 of the Dublin
Municipal Code (Zoning Ordinance).
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Waive the Reading and Adopt an Ordinance
amending Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16
(Agricultural Zoning Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning
Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off -Street Parking and Loading Regulations),
and 8.116 (Zoning Clearance) and adding Zoning Ordinance Chapters 8.38 (Reasonable
Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room
Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing).
S bmitted By Rekeweo By
Community Development Director Assistant Ci y Manager
Page 1 of 3 ITEM NO. +11
DESCRIPTION:
On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-
2014 planning period and on May 12, 2010 the updated Housing Element was certified by the
Department of Housing and Community Development.
State law requires that local jurisdictions prepare a Housing Element that addresses a variety of
housing types to meet the needs of the homeless and other special needs populations within
the community. Senate Bill 520 was passed in 2002 and requires that local jurisdictions remove
governmental constraints and provide reasonable accommodations for persons with disabilities
to obtain access to housing. Assembly Bill 2634 (passed in 2006) requires that local
jurisdictions make provisions for supportive housing and single room occupancy units and
Senate Bill 2(passed in 2007) requires that local jurisdictions make provisions for emergency
shelters and transitional housing. The Housing Element includes programs to address these
State laws and the programs require that the Zoning Ordinance be amended.
In developing the housing programs to meet State law requirements, Staff conducted a number
of outreach efforts to gain input from service providers, interested stakeholders and members of
the community. Study Sessions were held with the Planning Commission and City Council;
community workshops were held with the Housing Committee, service providers, interested
stakeholders and members of the community; and public hearings were held to review and
adopt the updated Housing Element.
Through the community outreach efforts input was provided on how to meet the housing needs
of special needs populations. Based on the input received, Housing Program 20 addressing
Reasonable Accommodation for persons with disabilities; Housing Program 21 addressing
Emergency Shelters for the homeless; and, Housing Programs 22, 23 and 24 addressing
Transitional Housing, Supportive Housing and Single Room Occupancy Units, respectively,
were developed. These housing programs require that the Zoning Ordinance be amended.
The proposed Zoning Ordinance Amendments will implement Housing Programs 20 through 24
addressing Reasonable Accommodation, Emergency Shelters, Transitional Housing,
Supportive Housing, and Single Room Occupancy Units, respectively.
At the April 5, 2010 City Council meeting, Staff presented the proposed Zoning Ordinance
Amendments (see Attachment 1) and the City Council waived the reading and introduced an
Ordinance approving amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and
Permitted Uses of Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential Zoning Districts),
8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking
and Loading Regulations), and 8.116 (Zoning Clearance) and adding Zoning Ordinance
Chapters 8.38 (Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency
Shelters), 8.46 (Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50
(Transitional Housing).
ATTACHMENTS: 1. April 5, 2011 City Council Staff Report, without attachments.
2. Ordinance amending Zoning Ordinance Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses of
Land), 8.16 (Agricultural Zoning Districts), 8.20 (Residential
Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28
(Industrial Zoning Districts), 8.76 (Off-Street Parking and
Page 2 of 3
Loading Regulations), and 8.116 (Zoning Clearance) and
adding Zoning Ordinance Chapters 8.38 (Reasonable
Accommodations for Persons with Disabilities), 8.45
(Emergency Shelters), 8.46 (Single Room Occupancy Units),
8.47 (Supportive Housing), and 8.50 (Transitional Housing).
Page 3 of 3
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1`~~'-~~~~ STAFF REPORT CITY CLERK
``~~ ~ DUBL(N CITY COUNCIL File # ^~[~,~-~
DATE: April 5, 2011
TO: Honorable Mayor and City Councilmembers ,
FROM: Joni Pattillo, City Manager
SUBJEC . PUBLIC - HEARING: PLPA-20~f 0-00022 Zoning Ordinance Amendments
(Legislative) - Amendments to Title 8 of the Dublin Municipal Code (Zoning
~ Ordinance) related to implementation of the 2009-2014 Housing Element
Report prepared by Marnie R. Waffle, Senior Planne ~~
EXECUTIVE SUMMARY: . ~ ~
On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 2009-
2014 planning period and on May 12, 2010 the updated Housing Element was certified by the
Department of Housing and Community Qevelopment. The Housing Element contains programs
that define the specific actions the City will undertake to achieve the goals and policies set forth in
the Housing Element. Some of the programs require that the Zoning Ordinance be amended to
facilitate the development of a variety of housing options. The proposed Zoning Ordinance
Amendments include amendments to Chapters 8.08 (Definitions), 8.12 (Zoning Districts and
Permitted Uses ofi Land), 8.16 (Agricultural Zoning Districts); 8.20 (Residential Zoning Districts),
8.24 (Commercial Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76 (Off-Street Parking and
Loading Regulations), and 8.116 (Zoning Clearance) . and the addition of Chapters 8.38
(Reasonable Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46
(Single Room Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transitional Housing). The
City Council wi{I consider the proposed Zoning Ordinance Amendments.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; 2) Open tHe public
hearing; 3) Take ,testimony from the public; 4} Close the public hearing and deliberate; and 5)
Waive the Reading and Introduce an Ordinance amending Zoning Ordinance Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning
Districts), 8.20 (Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.28
(Industrial Zoning Districts), 8.76 (Off-Street Parking and Loading Regulations), and 8.116
(Zoning Clearance) and adding Zoning (Jrdinance Chapters 8.38 (Reasonable
Accommodations for Persons with Disabilities), 8.45 (Emergency Shelters), 8.46 (Single Room
Occupancy Units), 8.47 (Supportive Housing), and 8.50 (Transi ' nal Housing).
~~
S mitted By Re 'ew d By ~
Community Development Director Assistant City Manager 4, ~ I ~' (R°~ ~
~ ATTACHIVIENT 1
Page 1 of 8
~~a~
DESCRIPTION:
On March 2, 2010 the Dublin City Council adopted an updated Housing Element for the 20Q9-
2014 planning period and on May 12, 2010 the updated Housing Element was certified by the
Department of Housing and Community Development.
State law requires that local jurisdictions prepare a Housing Element that addresses a variety of
housing types to meet the needs of the homeless and other special needs populations within
the community. Senate Bill 520 was passed in 2002 and requires that local jurisdictions remove
governmental constraints and provide reasonable accommodations for persons with disabilities
to obtain access to h~ousing.. Assembly Bill 2634 (passed in 2006) requires that local
jurisdictions make provisions for supportive housing and single room occupancy units and
Senate Bi11 2(passed in 2007) requires that local jurisdictions make provisions for emergency
shelters and transitional housing. The Housing Element includes programs to address these
State laws and the programs require that the Zoning Ordinance be amended.
In developing the housing programs to meet State law requirements, Staff conducted a number
of outreach efforts to gain input from service providers, interested stakeholders and mernbers of
the community. Study Sess;ons were held with the Planning Commission and City Council;
community workshops were held with the Housing Committee, service providers, interested
stakeliolders and members of the community; and public hearings were held to review and
adopt the updated Housing E{ement.
Through the community outreach efforts
of special needs populations. Based o
Reasonable Accommodation for perso
Emergency Shelters for the homeless;
Transifional Housing, Supportive Housi
were developed (see Attachment 1).
Ordinance be amended.
ANALYSIS:
input was provided on how to meet the housing needs
i the input receiVed, Housing Program 20 addressing
is with disabilities; Housing Program 21 addressing
and, Housing Programs 22, 23 and 24 addressing
ig and Single Room Occupancy Units, respectively,
These housing programs require that the Zoning
The following Zoning Ordinance Amendments implement. Housing Programs 20 through 24
addressing Reasonable Accommodation, Emergency Shelters, Transitional Housing,
Supportive Housing, and Single Room Occupancy Units, respectively. The proposed Zoning ~
Ordinance amendments in strikethrough/underline format are included as Attachment 2 and the
draft Ordinance is included as Attachment 3.
Program 20: Reasonable Accommodation
This program seeks to provide relief to persons with disabilities who need to make modifications
to their homes for accessibility purposes. Certain development standards such as setbacks or
lot coverage may need to be relaxed in order to ensure that persons with disabilities are able to
enjoy their residences like other residents.
ZoninA Ordinance Amendment - Add Chapter 8.38
Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is proposed to be
added to the Dublin Zoning Ordinance and ~establishes a ministerial permit process by which
Page 2 of 8
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persons with disabilities can seek relief from setback and lot coverage requirements through the
issuance of a Zoning Clearance when certain development standards and regulations can be
met. The development standards and regulations include:
• The home .is a legally established dwelling in an agricultural, residential or comparable
Planned Development zoning districf.
• The home is the primary dwelling of the disabled person(s).
• Any exterior modification is architecturally compatible with the dwelling and surrounding
neighborhood.
• A minimum 5-foot side yard setback and 10-foot rear yard setback is maintained. ~
•' Maximum lot coverage does not exceed 50% for a one-story home or 45% for a two-
story home.
• Uncovered access ramp can be located anywhere if the height does not exceed the
grade level finish floor of the home.
If the established development standards and regulations cannot be met, an applicant may
apply for Site Development Review to request further modifications to their home to
accommodate their disability. The proposed Chapter 8.38 (Reasonable Accommodations for
Persons with Disabilities) addresses reasonable accommodations (Attachment 3, pages 6-8).
Program 20 also requires that the Zoning Ordinance definition for "family" be amended. The
current definition could be considered a constraint to housing for persons with disabilities
because it refers to a family as having 4 or fewer boarders. This definition conflicts with court
decisions which concluded that the definition of family should not impose limitations on the
number of persons that may constitute a family. Because 6 or fewer disabled persons could be
considered boarders of a licensed community care facility, the City's current definition of family
can be viewed as a potential constraint on housing for housing persons with disabilities.
Zoning Ordinance Amendment - Amend Definition of "Familv"
The definition for "Family" in Chapter 8.08 (Definitions) is proposed to be amended to eliminate
any reference to the number of individuals that can comprise a housekeeping unit (see
Attachment 3, page 3).
Program 21: Emergency Shelters
An Emergency Shelter is a year-round shelter for the homeless. The Zoning Ordinance
currently allows Emergency Shelters in all Commercial and Industrial Zoning Districts with
approval of a Conditional Use Permit. With the passage of Senate Bill 2, Emergency Shelters
are now required to be permitted by-right in at least one Zoning District. The M-1 (Light
Industrial Zoning District) was identified in the updated Housing Element as the-Zoning District
where Emergency Shelters would be allowed by-right. The M-1 Zoning District was identified as
an appropr.iate location for Emergency Shelters due to easy access to major thoroughfares and
public transit. ~
Zoninq Ordinance Amendment
The definition of Emergency Shelter in Chapter 8.08 (Definitions) is proposed to be amended to
eliminate the reference to a Conditional Use Permit being required in Commercial and Industrial
Zoning Districts (see Attachment 3, page 3). Additionally, Chapter 8.12 (Zoning Districts and
Page 3 of 8
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Permitted Uses of Land) is proposed to be amended to remove Emergency Shelters as a
conditionally permitted use in the Commercial and Industrial Zoning Districts and to add
Emergency Shelters as a permitted use in the M-1 (Light Industrial) Zoning District (see
Attachment 3, page 4). The creation of a new chapter, Chapter 8.45 (Emergency Shelters), is
also proposed to provide objective procedures and standards to encourage and facilitate the
establishment of Emergency Shelters (see Attachment 3, pages 8-10).
The proposed new chapter on Emergency Shelters establishes a by-right ministerial process
whereby an Emergency .Shelter can be approved through a Zoning Clearance if certain
development standards and regulations can be met. The development standards and
regulations include: "
• Complying with existing standards for the M-1 (Light Industrial Zoning District).
• Meeting the parking requiremer~ts for the. use.
• Providing on-site management and security during the shelter's hours of operation.
• Providing adequate external lighting throughout the site.
• Submitting a Shelter Management Plan.
• Limiting the length of stay to 30 consecutive days.
• Locating the shelter near a public transit.
• Limiting noise generated on-site. ~
• Meeting all City, County and State requirements for the operation of the shelter.
See Attachment 3, pages 8-10.
Program 22: Transitional Housing
Transitional Housing is housing that is operated under program requirements that limif the
length of time that occupants can live there. The length of stay can vary but must be at least 6
months. The Zoning Ordinance currently allows for Transitional Housing in the R-2 (Two Family
Residential) and R-M (Multi-Family Residential) Zonin.g Districts with approval of a Conditional
Use F'ermit. With the passage of Senate Bill 2, Transitional Housing must be regulated
consistent with comparable residential uses and can only be subject to those restrictions that
apply to other residential uses of the same type in the same zone. ~
Zoning Ordinance Amendment
The definition of Transitional Housing in Chapter 8.08 (Definitions) is proposed to be deleted
and finro new definitions added (see Attachment 3, page 3). Additionally, Chapter 8.12 (Zoning
Districts and Permitted Uses of Land) is proposed to be amended to reflect Transitional
Housing as a permitted use (when serving 6 or fewer persons) in the Agricultural and
Residential Zoning Districts, a conditional use in Residential Zoning Districts (when serving 7 or
more persons) and in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial
Park) and M-1 (Light Industrial) Zoning Districts (see Attachment 3, page 4). .The creation of a
new chapter, Chapter 8.50 (Transitional Housing), is also proposed to provide procedures and
standards to encourage and facilitate the establishment of Transitional Housing (see
Attachment 3, pages 12-13). ~
The proposed new Chapter on Transitional Housing establishes procedures and standards to
encourage and facilitate the establishment of Transitional Housing. Transitional Housing .that
Paqe 4 of 8
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serves 6 or fewer people in a dwelling unit would be a permitted use similar to Small Community
Care Facilities serving 6 or fewer people and would be considered a residential use of the
property. Transitional Housing that serves 7 or more people in a dwelling unit would be a
conditional use similar to Large Community Care Facilities which serve 7 or more people and
would be reviewed by the Planning Commission.
Pcogram 23: Supportive Housing ~
Supportive Housing is occupied by a target population as defined in the Health and Safety Code
and includes low income persons with mental disabilities, AIDS, substance abuse or chronic
health conditions and has no limit on the length of stay. The housing is linked to services to
meet the needs of the residents and those services could be located on-site or off-site. The
Zoning Ordinance does not currently address Supportive Housing: With the passage of Senate
Bill 2, local jurisdictions are now required to allow Supportive Housing.
Zoninq Ordinance Amendment
Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Supportive
Housing (see Attachment 3, pages 2-3). Additionally, Chapter 8.12 (Zoning Districts and
Permitted Uses of Land) is proposed to be amended to reflect Supportive Housing as a
permitted use (when serving 6 or fewer persons) in the Agricultural and Residential Zoning
Districts, a conditional use in Residential Zoning Districts (when serving 7 or more persons) and
in the C-1 (Retail Commercial), C-2 (General Commercial), M-P (Industrial Park) and M-1 (Light
Industrial) Zoning Districts (see Attachment 3, page 4). The creation of a new chapter, Chapter
8.47 (Supportive Housing), is also proposed to provide procedures and standards to encourage
and facilitate the establishment of Supportive Housing (see Attachment 3, pages 11-12).
Similar to Transitional Housing, the proposed new Chapter on Supportive Housing establishes
procedures and standards to encourage and facilitate the establishment of Supportive Housing.
Supportive Housing that serves 6 or fewer people in a dwelling unit would be a permitted use
similar to Small Community Care Facilities serving 6 or fewer people and would be considered a
residential use of the property. Supportive Housing that serves 7 or more people in a dwelling
unit would be a conditional use similar to Large Community Care Facilities which serve 7 or
more people and would be reviewed by the Planning Commission.
Program 24: Single Room Occupancy (SRO) Units
Single Room Occupancy Units are one-room units which are not required to have a kitchen or
bathroom and are intended for occupancy by a single individual. The .Zoning Ordinance does
not currently address SRO's. With the passage of Assembly Bill 2634, local jurisdictions are
now required to make provisions for SRO's. The Housing Element identifies the C-2 (General
Commercial) Zoning District to allow SRO's as a conditionally permitted use. During the
development of the updated Housing Element, the Housing Committee~ and members of the
public discussed what would be the most appropriate Zoning District for Single Room
Occupancy Units. The C-2 Zoning District was chosen due to easy access to major
thoroughfares and public transit as well as. access to services that may be necessary to meet
the needs of residents of a Single Room Occupancy Unit.
Page 5 of 8
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Zoning Ordinance Amendment
Chapter 8.08 (Definitions) is proposed to be amended to include a definition for Single Room
Occupancy Units (see Attachment 3, page 2). Additionally, Chapter 8.12 (Zoning Districts and
Permitted Uses of Land) is proposed to be amended to reflect Single Room Occupancy Units
as a conditional use in the C-2 (General Commercial) Zoning District (see Attachment 3, page
4). The creation of a new chapter, Chapter 8.46 (Single Room Occupancy Units), is also
proposed to provide procedures and standards to encourage and facilitate the establishment of
Single Room .Occupancy Units (see Attachment 3, page 10).
The proposed new Chapter on Single Room Occupancy Units establishes procedures and
standards to encourage and facilitate the establishment of Single Room Occupancy Units. A
Single Room Occupancy Unit development would be a conditional use in the C-2 (General
Commercial) Zoning District and would be reviewed by the Planning Commission.
Associated Zoning Ordinance Amendments
In addition to the aforementioned Zoning Ordinance Amendments, other sections of the Zoning
Ordinance are proposed to be amended to ensure internal consistency with the new regulations
related to Emergency Shelters, Transitional Housing and. Supportive Housing. This includes
amendments to Chapter 8.16 (Agricultural Zoning Districts), Chapter 8.20 (Residential Zoning
Districts), Chapter 8.24 (Commercial Zoning .Districts) and Chapter 8.28 (Industrial Zoning
Districts). These amendments are necessary to ensure consistency throughout the Zoning
Ordinance.
Chapter 8.76 (Off-Street Parking and Loading Regulations) is proposed to be amended to
include parking standards for Emergency Shelters, Single Room Occupancy Units, Supportive
Housing and Transitional Housing (see Attachment 3, page 13). The parking standards
proposed are as follows:
RESIDENTIAL USE TYPES ~ NUMBER OF PARKING SPACES:REQUIRED;: ;;,::.,...; .-..~ .: .:~:.<
Emergency Shelter 1 parking space for every 20 beds plus 1 parking space for
each employee on the largest shift plus 1 parking space for
each com an vehicle
Sin le Room Occu anc Units 1 er unit lus 1 uest arkin s ace for eve 3 units
Su ortive Housin - Small 2 er dwellin
Su ortive Housin - Lar e 1 er 3 em lo ees on lar est shift, lus 1 er 3 beds
Transitional Housin - Small 2 er dwellin
Transitional Housin - Lar e 1 er 3 em lo ees on lar est shift, lus 1 er 3 6eds
The parking standards for Emergency Shelters and Single Room Occupancy Units are new
standards that have been derived based on a consultation of a number of sources including the
American Planning Association Parking Standards manual as well as other Bay Area cities.
The parking standards for Supportive and Transitional Housing are based on the existing
Zoning Ordinance standards for Community Care Facilities.
Chapter 8.116 (Zoning Clearance) is proposed to be amended to add Reasonable
Accommodations for Persons with Disabilities and Emergency Shelters to the list of applications
subject to a Zoning Clearance (see Attachment 3, pages 13-16).
Page6of8
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Planning Commission Meeting
On March 8, 2011, the Planning Commission adopted Resolution 11-08 recommending City
Council adoption of the proposed Zoning Ordinance amendments (Attachment 4).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General Plan in
that they implement the programs adopted as part of the 2009-2014 Housing Element update.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a Public Hearing Notice was published in the Valley Times and~
posted at several locations throughout the City. The Public Hearing Notice was also mailed to
all stakeholders and interested parties including service providers, developers, property owners,
housing advocates and other participants in the community workshops, Study Sessions and
public hearings held as part of the Housing Element update. To date, the City has received no
objections regarding the Project. .
ENVIRONMENTAL REVIEW:
~~ . ~ .
The Dublin City Council adopted a Negative Declaration on March~ 2, 2010 for the 2009-2014
Housing Element update through Resolution 33-10 which is incorporated herein by reference.
The 2009-2014 Housing Element includes programs which indentified the Zoning Ordinance
Amendments to be undertaken. Staff recorrimends that the City Council find the adoption of the
Zoning Ordinance Amendments to be exempt from further environmental review under Section
15061(b)(3) as the project will not have a significant effect on the environment.
ATTACHMENTS: 1) Housing Programs 20-24 (The full Housing Element is
available on-line at: www.ci.dublin.ca.us. Click on
Departments/ Community Development/ Planning/
Document Library/ 2009-2014 Housing Element).
2) Proposed Zoning Ordinance Amendments in
~ , Strikethrough/Underline format.
3) Ordinance amending Zoning Ordinance Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses
of Land), 8.16 (i4g~icialtural Zoning Districts), 8.20
(Residential Zoning Districts), 8.24 (Commercial ~
Zoning Districts), 8.28 (Industrial Zoning Districts), 8.76
(Off-Street Parking and Loading Regulations), and
8.116 (Zoning Clearance) and . adding Zoning
~ Ordinance Chapters 8.38 (Reasonable
- Accommodations for Persons with Disabilities), 8.45
' (Emergency Shelters), 8.46 (Single Room Occupancy
Units), 8.47 (Supportive Housing), and 8.50
(Transitional Housing).
- 4) Planning Commission Resolution 11-08 recommending
City Council adoption of Zoning Ordinance
Amendments to Chapters 8.08 (Definitions), 8.12
(Zoning Districts and Permitted Uses of Land), 8.16
(Agricultural Zoning Districts), 8.20 (Residential Zoning
Page 7 of 8
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Districts), .8.24 (Commercial Zoning Districts), 8.28
(Industrial Zoning Districts), 8.76 (Off-Street Parking
and Loading Regulations), and 8.116 (Zoning
Clearance) and ~ adding Zoning Ordinance Chapters
8.38 (Reasonable Accommodations for Persons with
Disabilities), 8.45 (Emergency Shelters), 8.46 (Single
Room Occupancy Units), 8.47 (Supportive Housing),
and 8.50 (Transitional, Housing).
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G: IPA#I10101PLPA-2010-00012 ZOA Housing Element ImplementntionlCC Ist Reading 04.OS.IIICCSR 04.OS.ll.doc
Page 8 of 8
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ORDINANCE NO. XX - 11
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.12 (ZONING
DISTRICTS AND PERMITTED USES OF LAND), 8.16 (AGRICULTURAL ZONING
DISTRICTS), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24 (COMMERCIAL ZONING
DISTRICTS), 8.28 (INDUSTRIAL ZONING DISTRICTS), 8.76 (OFF-STREET PARKING AND
LOADING REGULATIONS), AND 8.116 (ZONING CLEARANCE) AND ADDING ZONING
ORDINANCE CHAPTERS 8.38 (REASONABLE ACCOMMODATIONS FOR PERSONS WITH
DISABILITIES), 8.45 (EMERGENCY SHELTERS), 8.46 (SINGLE ROOM OCCUPANCY
UNITS), 8.47 (SUPPORTIVE HOUSING), AND 8.50 (TRANSITIONAL HOUSING)
CITY-WIDE
PLPA-2010-00022 '
WHEREAS, the State of California requires that Cities and Counties adopt a
comprehensive, long-term General Plan for the physical development of the City; and
WHEREAS, the Housing Element is one of seven mandated elements of the General
Plan and must address existing and projected housing needs for all economic segments of the
community; and
WHEREAS, State law currently requires that Housing Elements be updated and certified
every 5 years; and
WHEREAS, on March 2, 2010 the Dublin City Council adopted an updated Housing
Element for the 2009-2014 planning period; and
WHEREAS, on May 12, 2010 the updated Housing Element was certified by the
Department of Housing and Community Development; and
WHEREAS, the Housing Element contains programs that define the specific actions the
City will undertake to achieve the goals and policies set forth in the Housing Element; and
WHEREAS, in accordance with State law, the'~City was required to develop programs
which require that the Zoning Ordinance be amended to facilitate the development of a variety
of housing options for special needs populations; and
WHEREAS, the exact text amendments are shown in Sections 2 through 27 of this
Ordinance; and
WHEREAS, the Planning Commission did hold a properly noticed public hearing to
consider these amendments on March 8, 2011 and adopted Resolution 11-08 recommending
that the City Council approve amendments to Title 8(Zoning Ordinance) of the Municipal Code;
and
WHEREAS, a properly noticed public hearing was held by the City Council on April 19,
2011, at which time all interested parties had the opportunity to be heard; and
Page 1 of 16
ATTACHIVIEN'I' 2
Iad~ ~ ~
WHEREAS, a Staff Report was submitted recommending that the City Council approve
the Zoning Ordinance Amendments; and
WHEREAS, pursuant to section 8.120.050.B of the Dublin Municipal Code, the City
Council finds that the Zoning Ordinance Amendments are consistent with the Dublin General
Plan; and ~
WHEREAS, the City Council did hear and use its independent judgment and consider all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
SECTION 1.
Compliance with California Environmental Quality Act ("CEQA"): The Dublin City Council
adopted a Negative Dec{aration on March 2, 2010 for the 2009-2014 Housing Element update
through Resolution 33-10 which is incorporated herein by reference. The 2009-2014 Housing
Element includes programs which indentified the Zoning Ordinance Amendments to be
undertaken. The adoption of the Zoning Ordinance Amendments have been found to be
exempt under Section 15061(b)(3) as the project will not have a significant effect on the
environment.
SECTION 2.
The following new definitions are hereby added to Section 8.08.020 (Definitions A-Z) of Title 8 of
the Dublin Municipal Code to read as follows:
8.08.020 Definitions (A-Z)
Single Room Occupancy Units (Use Type). The term Single Room Occupancy Units
shall mean a building or buildings constructed or converted for residential living
consisting of one-room dwelling units, where each unit is occupied by a single individual
or two persons living together as a domestic unit, and where the living and sleeping
space are combined. A one-room dwelling unit is not required to contain a bathroom or a
kitchen except that if a bathroom or kitchen is not provided within the unit such common
facilities shall be provided on-site for residents. A unit that contains both a bathroom and
kitchen shall be considered a studio unit and not a Single Room Occupancy Unit.
Common facilities for laundry may or may not be provided on-site.
Supportive Housing - Small (Use Type). The term Supportive Housing - Small shall
mean a dwelling unit occupied by a target population of 6 or fewer persons, with no limit
on the length of stay, that is linked to on-site or off-site services that assist the supportive
housing resident(s) in retaining the housing, improving their health status, and
maximizing their ability to live and, when possible, work in the community. A target
population means persons with low incomes having one or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or
individuals eligible for services provided under the Lanterman Developmental Disabilities
Services Act (Welfare and Institutions Code Section 4500) and may include, among other
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populations, adults, emancipated youth, families, families with children, elderly persons,
young adults aging out of the foster care system, individuals exiting from institutional
settings, veterans and homeless people.
Supportive Housing - Large (Use Type). The term Supportive Housing - Large shall
mean a dwelling unit occupied by a target population of 7 or more persons, with no limit
on length of stay, that is linked to on-site or off-site services that assist the supportive
housing resident(s) in retaining the housing, improving their health status, and
maximizing their ability to live and, when possible, work in the community. A target
population means persons with low incomes having one or more disabilities, including
mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or
individuals eligible for services provided under the Lanterman Developmental Disabilities
Services Act (Welfare and Institutions Code Section 4500) and may include, among other
populations, adults, emancipated youth, families, families with children, elderly persons,
young adults aging out of the foster care system, individuals exiting from institutional
settings, veterans and homeless people.
Transitional Housing - Small (Use Type). The term Transitional Housing - Small shall
mean a dwelling unit occupied by 6 or fewer homeless persons or families, which is
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time which shall be no less than six months.
Transitional Housing - Large (Use Type). The term Transitional Housing - Large shall
mean a dwelling .unit occupied by 7 or more homeless persons or families, which is
operated under program requirements that call for the termination of assistance and
recirculation of the assisted unit to another eligible program recipient at some
predetermined future point in time which shall be no less than six months.
SECTION 3.
The following definitions in Section 8.08.020 (Definitions A-Z} of Title 8 of the Dublin Municipal
Code are hereby amended to read as follows:
8.08.020 Definitions (A-Z)
Emergency Shelter (Use Type). The term Emergency Shelter shall mean a facility that
provides temporary, short-term housing, with minimal supportive services, for homeless
individuals or families, provided that no facility shall be used as temporary, short-term
housing by any individual or family for more than 30 consecutive days.
Family. The term Family shall mean one or more persons occupying a dwelling and
living as a single, non-profit housekeeping unit, including any servants. This is
distinguished from a group occupying a boarding house, community care facility,
supportive or transitional housing when configured as group housing, hotel or motel, club,
fraternity or sorority house.
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SECTION 4.
The definition for Transitional Housing (Use Type) in Section 8.08.020 (Definitions A-Z) of Title 8
of the Dublin Municipal Code is hereby deleted in its entirety.
SECTION 5.
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is hereby amended to add new Residential Use Types to read as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
USE TYPE
Emergency - - - - - - - - - P -
Shelter
Single Room - - - - - - - C/PC - - -
Occupancy
Units
Supportive P P P P - - - - - - -
Housin Small
Supportive - C/PC C/PC C/PC - - C/PC C/PC C/PC C/PC -
Housin Lar e
Transitional P P P P - - - - - - -
Housin Small
Transitional - C/PC C/PC C/PC - = C/PC C/PC C/PC C/PC -
Housing (Large)
SECTION 6.
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) as it pertains to
Commercial Use Types is hereby amended to delete the Commercial Use Type "Emergency
Shelters" in its entirety.
SFCTION 7_
The following sections within Section 8.16.030 (Permitted and Conditionally Permitted Land
Uses, Regulations, and PerFormance Standards) of Title 8 of the Dublin Municipal Code are
hereby added to read as follows:
L. Supportive Housing. For Supportive Housing regulations please see Chapter
8.47.
M. Transitional Housing. For Transitional Housing regulations please see Chapter
8.50.
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SECTION 8.
The following section within Section 8.20.030 (Permitted and Conditionally Permitted Land
Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is
hereby amended to read as foflows:
O. Transitional Housing. For Transitional Housing regulations please see Chapter
8.50.
SECTION 9.
The following section within Section 8.20.030 (Permitted and Conditionally Permitted Land
Uses, Regulations, and Performance Standards) of Title 8 of the Dublin Municipal Code is
hereby added to read as follows:
P. Supportive Housing. For Supportive Housing regulations please see Chapter
8.47.
SECTION 10.
Section 8.20.040 (Requirements for Transitional Housing) of Title 8 of the Dublin Municipal
Code is hereby deleted in its entirety.
SECTION 11.
Section 8.24.030.0 (Emergency Shelters) of Title 8 of the Dublin Municipal Code is hereby
deleted in its entirety.
SECTION 12.
The following sections within Section 8.24.030 (Permitted and Conditionally Permitted Land
Uses, Regulations, and Performance Standards) are hereby added to read as follows:
O. Single Room Occupancy Unit. For Single Room Occupancy Unit regulations
please see Chapter 8.46.
P. Supportive Housing. For Supportive Housing regulations please see Chapter
8.47.
Q. Transitional Housing. For Transitional Housing regulations please see Chapter
8.50.
SECTION 13.
The following section within Section 8.28.060 (Permitted and Conditionally Permitted Land
Uses, and Regulations) of Title 8 of the Dublin Municipal Code is hereby amended to read as
follows:
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K. Emergency Shelters. For Emergency Shelters regulations please see Chapter
8.45.
SECTION 14.
The following sections within Section 8.28.060 (Permitted and Conditionally Permitted Land
Uses, and Regulations) are hereby added to read as follows:
L. Supportive Housing. For Supportive Housing regulations please see Chapter
8.47.
M. Transitional Housing. For Transitional Housing regulations please see Chapter
8.50.
SECTION 15.
Section 8.28.070 (Requirements for Emergency Shelter Projects) of Title 8 of the Dublin
Municipal Code is hereby deleted in its entirety.
SECTION 16.
Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities) is hereby added to
Title 8 of the Dublin Municipal Code to read as follows:
CHAPTER 8.38 REASONABLE ACCOMMODATIONS FOR PERSONS WITH DISABILITIES
8.38.010 Purpose and Intent. The purpose and intent of this Chapter is to provide
reasonable accommodations in the application of the Zoning Ordinance to persons
with disabilities who are seeking fair access to housing.
8.38.020 Applicability. Persons protected under the federal Fair Housing Amendments Act
of 1988 and/or California Fair Employment and Housing Act (hereinafter "Fair
Housing Laws") may request reasonable accommodations when the strict
application of the Zoning Ordinance acts as a barrier to fair housing opportunities.
8.38.030 Permitting Procedures. An application for reasonable accommodations that
meets the Development Standards and Regulations contained in this Chapter shall
be reviewed ministerially through a Zoning Clearance and shall not be subject to
discretionary review or a public hearing. An application for a Zoning Clearance
shall be approved, approved with modifications or denied within 45 days of a
complete application being submitted.
8.38.040 Application Requirements. A request for reasonable accommodations must be
filed on an application form provided by the Community Development Department,
shall be signed by the owner of the property and shall include, at a minimum, the
following information:
1. The Applicant's name, address and phone number;
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2. The address for the property for which the reasonable accommodation
request is being made;
3. The current use of the property;
4. The basis for the claim that the Fair Housing Laws apply to the person(s)
requesting the reasonable accommodations and evidence supporting the
claim which may include a letter from a medical doctor or other licensed
health care professional, a disabled person license or other appropriate
evidence which establishes that the person(s) needing the reasonable
accommodation is disabled pursuant to Fair Housing Laws;
5. A description of how the property will be used by the person(s) requesting
reasonable accommodations;
6. The specific reason the requested accommodation is necessary to make a
particular dwelling available to the disabled person(s);
7. The Zoning Ordinance provision from which reasonable accommodation is
being requested;
8. Verification that the property is the primary residence for the person(s) for
whom the reasonable accommodation is requested.
8.38.050 Development Standards and Regulations. A Zoning Clearance shall be issued
if the request for reasonable accommodations complies with the following
development standards and regulations:
A. Zoning Districts. The request for reasonable accommodations is for a legally
established residential dwelling located in an agricultural, residential or
comparable Planned Development Zoning District.
B. Occupancy. The residential dwelling is the primary residence of the person(s)
requesting the reasonable accommodations and such persons have been
determined to be protected under.Fair Housing Laws.
C. Design Compatibility. Any exterior modification to the dwelling is designed to be
compatible with the architectural character, colors and texture of the dwelling and
surrounding neighborhood.
D. Side Yard Setbacks. For additions to a dwelling, a minimum side~yard setback of
5-feet is maintained.
E. Rear Yard Setbacks. For additions to a dwelling, a minimum rear yard setback of
10-feet is maintained.
F. Lot Coverage. The maximum lot coverage does not exceed 50% for a one-story
dwelling or 45% for a two-story dwelling. ~
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G. Uncovered Access Ramp. An uncovered access ramp may be located within a
front, side or rear yard setback so long as the height of the ramp does not exceed
the grade level finish floor of the dwelling.
8.38.060 Other Discretionary Permits. No other discretionary permit shall be required for
requests for reasonable accommodations if the above development standards and
regulations can be met. If the above development standards and regulations
cannot be met, an application for Site Development Review may be applied for
and processed in accordance with the provisions of the Zoning Ordinance.
8.38.070 Site Development Review. Where Site Development Review is requested for
reasonable accommodations, all required findings. contained in Chapter 8.104
(Site Development Review) shall apply and the following additional findings shall
be made in approving the request:
A. The parcel and/or housing, which are the subject of the reasonable
accommodation request, will be occupied as the primary residence by an
individual proteeted under the Fair Housing Laws.
B. The request for reasonable accommodations is necessary to make specific
housing available to one or more individuals protected under the Fair Housing
Laws.
C. The requested reasonable accommodation will not impose an undue financial or
administrative burden on the City.
D. The requested reasonable accommodation will not require a fundamental
alteration of the zoning laws of the City.
E. The requested reasonable accommodation 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 welfare.
F. The requested reasonable accommodation will not be injurious to property or
improvements in the neighborhood.
SECTION 17.
Chapter 8.45 (Emergency Shelters) is hereby added to Title 8 of the Dublin Municipal Code to
read as follows:
CHAPTER 8.45 EMERGENCY SHELTERS
8.45.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and
standards to encourage and facilitate the establishment of Emergency Shelters.
8.45.020 Permitting Procedure. An Emergency Shelter that meets the Development
Standards and Regulations contained within this Chapter shall be approved
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ministerially with a Zoning Clearance and wifhout discretionary review or a public
hearing.
8.45.030 Devefopment Standards and Regulations.
A. Permitted in the M-1 (Light Industrial) Zoning District and certain PD (Planned
Development) Zoning Districts. An Emergency Shelter may only be established in the
M-1 (Light Industrial) Zoning District and similar PD (Planned Development) Zoning
Districts if the project site has an Industrial Park or Business Park/Industrial General Plan
Land Use designation.
B. Compliance with M-1 (Light Industrial) Zoning District standards. An Emergency
Shelter shall comply with all development standards and regulations contained in Chapter
8.28 (Industrial Zoning Districts) and Chapter 8.36 (Development Regulations) for an M-1
(Light Industrial) Zoning District. An Emergency Shelter located within a PD (Planned
Development) Zoning District shall comply with all development standards and regulations
contained within the approved Development Plan for the PD zoning district. Where the PD
zoning district does not specify a development standard or regulation, the M-1 (Light
Industrial) standards and regulations shall apply.
C. Off-Street Parking. An Emergency Shelter shall comply with ali applicable provisions of
Chapter 8.76 (Off-Street Parking and Loading Regulations).
D. On-Site Management and Security. On-site management and on-site security shall be
provided during the hours when the Emergency Shelter is in operation.
E. External Lighting. The Emergency Shelter shall provide external lighting in accordance
with building security requirements contained in the Dublin Municipal Code Chapter 7.32
to maintain a safe and secure environment.
F. Emergency Shelter Management Plan. The operator of an Emergency Shelter shall
prepare and submit a management plan to the Community Development Director that
includes, as applicable, the following: staff training to meet the needs of shelter residents;
community outreach; adequate security measures to protect shelter residents and
surrounding uses; services provided to assist residents with obtaining permanent shefter
and income; and, screening of residents to ensure compatibility with services provided at
or through the shelter.
G. Length of Stay. No individual or family shall reside in an Emergency Shelter for more
than 30 consecutive days.
H. Proximity to Public Transit and Services. An Emergency Shelter shall be located near
public transportation, supportive services and/or commercial services to meet the daily
needs of shelter residents. If necessary, an Emergency Shelter shall ensure a means of
transportation for shelter residents to travel to and from related supportive services
provided off-site.
I. Noise/Nuisances. All activities associated with an Emergency Shelter shall be
conducted entirely within the building. Noise shall be limited so as not to create an
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adverse impact on surrounding uses. No loudspeakers or amplified sound shall be
placed or project outside of the shelter.
J. City, County and State Requirements. An Emergency Shelter shall obtain and
maintain in good standing all required licenses, permits, and approvals from City, County
and State agencies or departments. An Emergency Shelter shall comply with all County
and State health and safety requirements for food, medical and other supportive services
provided on-site.
8,45.040 Zoning Clearance. A Zoning Clearance shall document compliance of the
Emergency Shelter with the above requirements and shall be kept on fi{e in the
Community Development Department for the duration of the operation of the
Emergency Shelter.
SECTION 18.
Chapter 8.46 (Single Room Occupancy Units) is hereby added to Title 8 of the Dublin Municipal
Code to read as follows:
CHAPTER 8.46 SINGLE ROOM OCCUPANCY UNITS
8.46.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and
standards to encourage and facilitate the establishment of Single Room
Occupancy Units.
8.46.020 Permitting Procedures.
A. C-2 (General Commercial) and comparable PD (Planned Development)
Zoning Districts. Single Room Occupancy Units shall be conditionally permitted
in the C-2 zoning district, or comparable PD zoning district, if ~the following
development standards and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be
made.
2. Common bathroom facilities are provided on-site if individual units do not
contain a bathroom.
3. Common kitchen facilities are provided on-site if individual units do not
contain a kitchen.
4. Individual Single Room Occupancy units may contain either kitchen or
bathroom facilities, but shall not contain both.
5. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
6. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
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7. All other applicable provisions of the Zoning Ordinance are met.
SECTION 19.
Chapter 8.47 (Supportive Housing) is hereby added to Title 8 of the Dublin Municipal Code to
read as follows:
CHAPTER 8.47 SUPPORTIVE HOUSING
8.47.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and
standards to encourage and facilitate the establishment of Supportive Housing.
8.47.020 Permitting Procedures.
A. Supportive Housing - Small (6 or fewer persons in a dwelling unit).
Supportive Housing that provides shelter for 6 or fewer persons in a dwelling unit,
and such persons are identified as a target population, shall be a permitted use in
the A(Agricultural), R-1 (Single Famify Residential), R-2 (Two Family Residential),
_ R-M (Multi-Family Residential) and comparable PD (Planned Development)
Zoning Districts if the following development standards and regulations are met:
On-site or off-site services are provided to assist Supportive Housing
residents in retaining housing, improving their health status, and maximizing
their ability to live, and where possible, work in the community.
2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
4. All other applicable provisions of the Zoning Ordinance are met.
B. Supportive Housing - Large (7 or more persons in a dwelling unit).
Supportive Housing that provides shelter for 7 or more persons in a dwelling unit,
and such persons are identified as a target population, shall be conditionally
permitted in the R-1 (Single Family Residential), R-2 (Two Family Residential), R-
M(Multi-Family Residential), C-1 (Retail Commercial), C-2 (General Commercial),
M-P (Industrial Park), M-1 (Light Industrial) and comparable PD (Planned
Development) Zoning Districts if the following development standards and
regulations are met:
All required findings in Chapter 8.100 (Conditional Use Permit) can be
made.
2. On-site or off-site services are provided to assist Supportive Housing
residents in retaining housing, improving their health status, and maximizing
their ability to live, and where possible, work in the community.
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3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
4. All new construction or conversion of .existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
SECTION 20.
Chapter 8.50 (Transitional Housing) is hereby added to Title 8 of the Dublin Municipal Code to
read as follows:
CHAPTER 8.50 TRANSITIONAL HOUSING '
8.50.010 Purpose and Intent. The purpose of this Chapter is to provide procedures and
standards to encourage and facilitate the establishment of Transitional Housing.
A. Transitional Housing - Small (6 or fewer persons in a dwelling unit).
Transitional Housing that provides shelter for 6 or fewer persons in a dwelling unit
shall be a permitted use in the A(Agricultural), R-1 (Single Family Residential), R-
2(Two Family Residential), R-M (Multi-Family Residential) and comparable PD
(Planned Development) Zoning Districts if the following development standards
and regulations are met:
1. The housing is operated under specific program requirements that call for
the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at a predetermined future point in time
which shall be no less than 6 months.
2. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
4. All other applicable provisions of the Zoning Ordinance are met.
B. Transitional Housing - Large (7 or more persons in a dwelling unit).
Transitional Housing that provides shelter for 7 or more persons in a dwelling unit
shall be conditionally permitted in the R-1 (Single Family Residential), R-2 (Two
Family Residential), R-M (Multi-Family Residential), C-1 (Retail Commercial), C-2
(General Commercial), M-P (Industrial Park), M-1 (Light Industrial) and
comparable PD (Planned Development) Zoning Districts if the following
development standards and regulations are met:
1. All required findings in Chapter 8.100 (Conditional Use Permit) can be
made.
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2. The housing is operated under specific program requirements that call for
the termination of assistance and recirculation of the assisted unit to
another eligible program recipient at a predetermined future point in time
which shall be no less than 6 months.
3. Off-street parking is provided in accordance with Chapter 8.76 (Off-Street
Parking and Loading Regulations). ~
4. All new construction or conversion of existing structures complies with
Chapter 8.104 (Site Development Review).
5. All other applicable provisions of the Zoning Ordinance are met.
SECTION 21.
The following new parking standards are hereby added to Section 8.76.080.B (Residential Use
Types) of Title 8 of the Dublin Municipal Code to read as follows:
8.76.080.B Residential Use Types. Residential Use Types shall provide off-street parking
spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Emergency Shelter
~ 1 parking space for ~every 20 beds plus 1 parking space for
each employee on the largest shift plus 1 parking~space for
each com an vehicle
Sin le Room Occu anc Units 1 er unit lus 1 uest arkin s ace for eve 3 units
Su ortive Housin - Small 2 er dwellin
Supportive Housin - Lar e 1 er 3 emplo ees on lar est shift, plus 1 per 3 beds
Transitional Housin - Small 2 er dwellin
Transitional Housin - Lar e 1 er 3 em lo ees on lar est shift, lus 1 er 3 beds
SECTION 22.
The following section is hereby added to Section 8.116.020 (Applications Requiring a Zoning
Clearance) of Title 8 of the Dublin Municipal Code:
E. Reasonable Accommodations for Persons with Disabilities. Requests for
reasonable accommodation ttiat meet the development standards and regulations
contained in Chapter 8.38 (Reasonable Accommodations for Persons with
Disabilities).
F. Emergency Shelters. Requests to establish and operate an Emergency Shelter
that meets the development standards and regulations contained in Chapter 8.45
(Emergency Shelters).
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SECTION 23.
Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is hereby amended to
read as follows:
A. Building Permit. The Applicant shall submit a complete application for a Building
Permit for a structure.
B. Signs. If the Zoning Clearance is for a sign or signs, the Applicant shall submit a
complete application for a Zoning Clearance for Permanent Signs and a complete
application for a Building Permit, if applicable.
C. Recreational Facility (Indoor). If the Zoning Clearance is for a Recreational
Facility (Indoor), the Applicant shall submit a Zoning Clearance for Recreational
Facilities (Indoor) form along with a site plan, written statement and floor plan of
the building or tenant space.
D. Large Family Day Care Homes. If the Zoning Clearance is for a Large Family
Day Care Home, the Applicant shall submit a Zoning Clearance for Large Family
Day Care Homes form along with such information requested on said form.
SECTION 24.
The following sections are hereby added to Section 8.116.030 (Application) of Title 8 of the
Dublin Municipal Code:
E. Reasonable Accommodations for Persons with Disabilities. If the Zoning
Clearance is for a Reasonable Accommodation for Persons with Disabilities, the
Applicant shall submit the appropriate Zoning Clearance application form provided
by the Community Development Department along with the items required in
Chapter 8.38 (Reasonable Accommodations for Persons with Disabilities).
F. Emergency Shelters. If the Zoning Clearance is for an Emergency Shelter, the
Applicant shall submit the appropriate Zoning Clearance application form provided
by the Community Development Department along with the items required in
Chapter 8.45 (Emergency Shelters).
SECTION 25.
The following section is hereby added to Section 8.116.040 (Approval) of Title 8 of the Dublin
Municipal Code:
E. Reasonable Accommodations for Persons with Disabilities. All requests for
reasonable accommodations shall be reviewed for compliance with Chapter 8.38
(Reasonable Accommodations for Persons with Disabilities). The Zoning
Clearance approval for a reasonable accommodation request shall be a completed
Zoning Clearance application . form and any pertinent attachments stamped
approved and including a date and the signature of the Community Development
Director or his/her designee.
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F. Emergency Shelters. All requests for Emergency Shelters shall be reviewed for
compliance with Chapter 8.45 (Emergency Shelters). The Zoning Clearance
approval for an Emergency Shelter shall be a completed Zoning Clearance
application form and any pertinent attachments stamped approved and including a
date and the signature of the Community Development Director or his/her
designee.
SECTION 26.
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is
hereby amended to read as follows:
A. Building Permit. A Zoning Clearance issued in conjunction with a Building Permit
shall expire when the Building Permit expires.
B. Recreational Facility (Indoor). A Zoning Clearance issued in conjunction with a
Recreational Facility (Indoor) shall expire when the use is no longer operational or
the facility is no longer in compliance with Chapter 8.70 (Recreational Facilities
(Indoor)).
C. Large Family Day Care Home. A Zoning Clearance issued in conjunction with a
Large Family Day Care Home shall expire when the use is no longer operational
or the use is no longer in compliance with Chapter 8.66 (Large Family Day Care
Homes).
SECTION 27.
The following sections are hereby added to Section 8.116.050 (Expiration of Zoning Clearance)
of Title 8 of the Dublin Municipal Code:
D. Reasonable Accommodation for Persons with Disabilities. A Zoning
Clearance issued in conjunction with a Reasonable Accommodation for Persons
with Disabilities shall expire when the use is no longer in compliance with Chapter
8.38 (Reasonable Accommodations for Persons with Disabilities). Upon expiration
of a Zoning Clearance the lawfully established reasonable accommodation may
remain in place as a legal non-conforming structure subject to Chapter 8.140
(Non-Conforming Structures and Uses).
E. Emergency Shelters. A Zoning Clearance issued in conjunction with an
Emergency Shelter shall expire when the use is no longer operational or the
facility is no longer in compliance with Chapter 8.45 (Emergency Shelters).
SECTION 28.
Severability. In the event that any section or portion of this Ordinance is determined to be
invalid or unconstitutional, such section or portion shall be deemed severable and all other
sections or portions hereof shall remain in full force and effect.
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SECTION 29.
Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the
provisions of this chapter are repealed. The provisions of this chapter, insofar as they are
substantially the same as existing code provisions relating to the same subject matter, shall be
construed as restatements and continuations thereof and not as new enactments. With respect,
however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective
date of this Ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed
to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
SECTION 30.
Effective Date and Posting of Ordinance. This Ordinance shall take effect and be in force
thirty (30) days from and after the date of its passage. 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 on this 19th day of April 2011, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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