HomeMy WebLinkAbout4.5 - 2374 Adoption of Amendments to the Dublin Zoning
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STAFF REPORT
CITY COUNCIL
DATE: January 8, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Adoption of Amendments to the Dublin Zoning Ordinance Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40
(Accessory Structures and Uses Regulations), 8.70 (Recreational
Facilities (Indoor)), 8.72 (Landscaping and Fencing Regulations, 8.76 (Off -
Street Parking and Loading Regulations), 8.80 (Second Units
Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development
Review), (PLPA-2018-00030)
Prepared by: Mandy Kang, Senior Planner
EXECUTIVE SUMMARY:
The City is initiating amendments to the Zoning Ordinance to bring greater clarity and
consistency to existing regulations. Amendments are proposed to Chapters 8.08
(Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory
Structures and Uses Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72
(Landscaping and Fencing Regulations), 8.76 (Off-Street Parking and Loading
Regulations), 8.80 (Second Units Regulations), 8.96 (Permit Procedures), and 8.104
(Site Development Review). The City Council will consider adopting the proposed
Zoning Ordinance amendments.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to the Dublin
Zoning Ordinance Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.70 (Recreational
Facilities (Indoor)), 8.76 (Off-Street Parking and Loading Regulations), 8.80 (Second
Units Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review)
effective city-wide.
FINANCIAL IMPACT:
None.
PROJECT DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or
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amend certain provisions to ensure that the Zoning Ordinance remains internally
consistent, simple to understand and implement, and relevant to changes occurring in
the community. Staff is currently proposing minor amendments to the Zoning Ordinance
to clarify certain policies, address errors in the Zoning Ordinance, align policies for
similar uses, and to streamline processes. Please refer to Attachment 1 for a complete
description of the proposed amendments and Attachment 2 for a detailed list of the
proposed amendments in underline/strikethrough format.
On December 18, 2018 and the City Council waived the reading and introduced an
Ordinance approving the proposed amendments. The City Council is being asked to
waive the second reading and adopt the proposed Zoning Ordinance amendments
(Attachment 3).
ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require th at certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Staff is
recommending that the proposed Ordinance be found exempt from CEQA per CEQA
Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CE QA applies only to
those projects that may have the potential to cause a significant effect on the
environment. The Ordinance does not allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be
followed if and when a use is proposed to be established, or a building or structure is
proposed to be constructed, or a site is proposed to be development. This Ordinance,
therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
ATTACHMENTS:
1. City Council Staff Report dated December 18, 2018, without attachments
2. Zoning Ordinance Amendments in Underline/Strikethrough Format
3. City Council Ordinance Approving Zoning Ordinance Amendments
STAFF REPORT
CITY COUNCIL
DATE: December 18, 2018
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager
SUBJECT: Zoning Ordinance Amendments —Chapters 8.08 (Definitions), 8.12
(Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures
and Uses Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72
(Landscaping and Fencing Regulations, 8.76 (Off -Street Parking and
Loading Regulations), 8.80 (Second Units Regulations), 8.96 (Permit
Procedures), and 8.104 (Site Development Review), (PLPA-2018-00030)
Prepared by: Mandy Kang, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider amendments to the Zoning Ordinance to bring greater
clarity and consistency to existing regulations. Amendments are proposed to Chapters
8.08 (Definitions), 8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory
Structures and Uses Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72
(Landscaping and Fencing Regulations), 8.76 (Off -Street Parking and Loading
Regulations), 8.80 (Second Units Regulations), 8.96 (Permit Procedures), and 8.104
(Site Development Review).
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading, and INTRODUCE an
Ordinance Amending Chapters 8.08 (Definitions), 8.12 (Zoning Districts and Permitted
Uses of Land), 8.40 (Accessory Structures and Uses Regulations), 8.70 (Recreational
Facilities (Indoor)), 8.76 (Off -Street Parking and Loading Regulations), 8.80 (Second
Units Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review) of
the Dublin Zoning Ordinance.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Periodically, the City initiates amendments to the Zoning Ordinance to clarify, add or
amend certain provisions to ensure that the Zoning Ordinance remains internally
consistent, simple to understand and implement, and relevant to changes occurring in
the community. Staff is currently proposing minor amendments to the Zoning Ordinance
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to clarify certain policies, address errors in the Zoning Ordinance, align policies for
similar uses, and to streamline processes.
The following is a brief overview of the proposed Zoning Ordinance Amendments. For
ease of understanding, a detailed list of the proposed amendments in
underline/strikethrough format (where underlined text is proposed to be added and text
with a strikethre unh is proposed to be deleted) is included as Attachment 1. The
proposed Ordinance approving the Zoning Amendments is included as Attachment 2.
Definitions (Section 8.08.020)
Eating and Drinking Establishment (use type): This amendment is proposed to clarify
that a microbrewery is considered an "Eating and Drinking Establishment".
Boarders, Boarding House (use type), Single Family Residence and Single
Housekeeping Unit: Amendments to these definitions are proposed to clarify and define
what the difference is between a "Boarding House" and a "Single -Family Residence".
Maximum Lot Coverage: This amendment is proposed to facilitate the use of the
Zoning Ordinance and make it easier to find this definition by removing the word
"Maximum" from the title. The definition of the term itself will not change with this
amendment.
Off -Street Loading Space: The Zoning Ordinance references the term "Off -Street
Loading Space" but the term is not defined. The proposed amendment would add a
definition for "Off -Street Loading Space".
Zoning Districts and Permitted Uses of Land (Section 8.12.050)
In 2010, the City Council adopted streamlined permitting for Day Care Centers (center
which provide care to 15+ children). A Day Care Center is required to obtain an
administratively approved Zoning Clearance if it meets established development
standards, and a Minor Use Permit from the Community Development Director if it does
not.
Staff proposes to amend the Zoning Ordinance to provide this same streamlined
permitting for Large Family Day Care Homes which provide care for up to 14 children.
The Zoning Ordinance currently requires that a Large Family Day Care Home obtain an
administratively approved Zoning Clearance if it meets established development
standards, and a Conditional Use Permit from the Planning Commission if it does not.
This amendment would align with and provide the same streamlined permitting process
for a Day Care Center and a Large Family Day Care Home by requiring approval of a
Minor User Permit from the Community Development Director if the use does not meet
the development standards. Surrounding residents would continue to be notified of such
application in the same manner as required for a Conditional Use Permit.
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Accessory Structures and Use Regulations (Chapter 8.40)
Lot Coverage Exemptions (Section 8.40.020. F. 1. d)
In 2006, the City Council adopted an amendment to Section 8.36.100.A of the Zoning
Ordinance to allow one 120 square foot residential accessory structure to be exempt
from the lot coverage regulations regardless of lot size. However, Section
8.40.020.F.1.d of the Zoning Ordinance, which also contains lot coverage requirements,
was inadvertently not amended to provide consistent language. Therefore, the proposed
amendment would modify the language in Section 8.40.020.F.1.d to provide the same
120 square foot exemption and eliminate the inconsistency between the code sections.
Guesthouses (Section 8.40.020.F.2.e)
This amendment is proposed to clarify the setback requirement for a guesthouse since
it is already defined in Section 8.40.020.F.2.h (Heights and Setbacks).
Indoor Recreational Facilities (Section 8.70.030.A)
An Indoor Recreational Facility is required to obtain an administratively approved
Zoning Clearance if it meets established development standards, and a Minor Use
Permit from the Community Development Director if it does not. This permitting process
also applies to such uses in the Downtown Dublin Zoning District and Dublin Crossing
Zoning District. The proposed text amendment would provide clarity by adding these
zoning districts to the list of applicable zoning districts in Section 8.70.030.A.
Landscaping and Fencing Regulations (Section 8.72.080.E)
The list of prohibited fence materials is proposed to be modified to include other
materials similar in nature to barbed wire, razor wire, etc. This amendment is proposed
to provide greater clarity and assist staff with enforcing the intent of this existing
regulation.
Off Street Parking and Loading Regulations (Chapter 8.76)
Table 76-1
The Dimensional Requirements Table 76-1 currently lists the letters "C" and "F" in both
the columns and rows, which makes it confusing when the letters are defined below the
table. This amendment is proposed to clarify and define each of the letters in Figure 76-
1, so they coincide with the dimensions.
Loading Requirements (Section 8.76.090)
The Zoning Ordinance requires a minimum of 1 loading spaces for certain use types
regardless of the operating characteristics and need generated by the use. The
proposed amendment would provide flexibility in the number of required loading spaces
for a project.
Second Units Regulations (Section 8.80.040.A)
Second units are heavily regulated by State law. The proposed amendment will ensure
consistency with State law by clarifying that the existing Zoning Ordinance Regulations
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supersede any Planned Development Zoning District regulations which are more
restrictive.
Permit Procedures (Section 8.96.020.E)
The amount of work and financial investment by an applicant to bring a project to fruition
can be substantial and take an extended period of time. However, Planning permits (i.e.
Site Development Review, Conditional Use and Minor Use Permits, Minor Use Permits,
etc.) typically expire after one year unless construction or use has begun, or an
applicant has demonstrated substantial progress toward doing so (Section 8.96.020.D).
The Zoning Ordinance does provide a mechanism for the original decision maker to
extend the life of the permit for up to 6 months upon a determination that any Conditions
of Approval remain adequate to assure that applicable findings of approval will continue
to be met (Section 8.96.020.E). The proposed amendment would provide the
Community Development Director with the authority to twice approve a permit extension
of up to one year each, with additional extensions granted by the original decision
maker. This amendment would streamline the current procedure while providing greater
certainty to applicants while they expend substantial resources.
Site Development Review (Section 8.104.030.A.1.a)
The proposed amendment would simplify the language regarding landscape
modifications and tree replacements. The proposed language would not change the
intent of the existing policy.
PLANNING COMMISSION REVIEW:
On November 13, 2018, the Planning Commission reviewed the draft ordinance and
adopted Resolution No. 18-27 by a 3-0 vote (Attachments 3 and 4), recommending the
City Council adopt the proposed Zoning Ordinance amendments, with the following
recommendations:
1) Boarding House Definition (Section 8.08.020): Add the word "non -transient" to
the definition of Boarding House; and
2) Permit Procedures - Time Extension (Section 8.96.020.E): Allow the Community
Development Director to grant a maximum of two extensions to a permit, with
additional extensions granted by the original decision maker.
These changes have been incorporated into the proposed Zoning Ordinance
Amendments as described above and in Attachments 1 and 2.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific by bringing greater clarity and consistency to existing
Zoning regulations which implement the General Plan and Specific Plans.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a notice regarding this Public Hearing was published in
the East Bay Times and posted at several locations throughout the City. The Staff
Report for this public hearing was also available on the City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to
CEQA, Staff is recommending that the proposed Ordinance be found exempt from
CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that
CEQA applies only to those projects that may have the potential to cause a significant
effect on the environment. The adoption of the proposed Ordinance is exempt from
CEQA because the Ordinance does not allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be
followed if and when a use is proposed to be established, or a building or structure is
proposed to be constructed, or a site is proposed to be development. This Ordinance,
therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
ATTACHMENTS:
1. Zoning Ordinance Amendments in Underline Strikethrough Format
2. Ordinance Approving Amendments to the Zoning Ordinance
3. Draft Planning Commission Meeting Minutes dated November 13, 2018
4. Planning Commission Resolution 18-27 Recommending Approval
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1 of 10 Attachment 2
CHAPTER 8.08
DEFINITIONS
Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is proposed to
be amended as follows:
Eating and Drinking Establishment (use type). The term Eating and Drinking
Establishment shall mean restaurants, banquet facilities, bars, microbreweries, and
taverns and other establishments selling prepared 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.
Boarders. The term Boarders shall mean a person who receives regular lodging rights
(including but not limited to a place to eat and sleep) in return for compensation,
whether direct or indirect.
Boarding House (use type). The term Boarding House shall mean a housing unit used
for residential purposes, other than a hotel, where lodging and meals for single-family
dwelling where bedrooms are rented to five or more people non-transient persons, who
are not living as a single housekeeping unit, are provided for compensation, whether
direct or indirect. and at least one common meal is offered each day. In determining the
number of persons lodging in a boarding house, all residents shall be counted, including
those acting as a manager, landlord or building superintendent. A Boarding House is
considered to be a Multifamily Dwelling.
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.
Off-Street Loading Space. Off-Street Loading Space shall mean an area designated
for temporary parking for purposes of on- and off-loading.
Single-Family Residence (use type). The term Single-Family Residence shall mean a
building designed for and/or occupied exclusively by a single housekeeping unit. Also
includes factory-built housing, modular housing, manufactured housing, mobile homes,
and the rental of bedrooms within a single-family dwelling to no more than four
boarders. A residence with more than four boarders, where residents do not live as a
single housekeeping unit, constitutes a boarding house, which is included within the
definition of “Multi-Family Residence”.
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Single Housekeeping Unit. The term Single Housekeeping Unit shall mean a
residence with two or more members, whose members are a non -transient interactive
group of persons jointly occupying a single dwelling unit, including but not limited to the
joint use of common areas and sharing household activities and responsibilities such as
meals, chores and expenses.
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CHAPTER 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
Section 8.12.050 (Permitted and Conditional Permitted Land Uses, Regulations, and
Performance Standards) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Family Day Care Home/Large
(up to 14 children)
ZC/CUP
ZC/MUP
ZC/CUP
ZC/MUP
ZC/CUP
ZC/MUP
ZC/CUP
ZC/MUP
- - - - - - -
4 of 10 Attachment 2
CHAPTER 8.40
ACCESSORY STRUCTURES AND USES REGULATIONS
Section 8.40.020.F.1.d. (Maximum square footage of detached accessory structures
(excluding swimming pools) on a lot.) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
d. Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot. For lots less than 5,000 square feet in size, o One
accessory structure in the Rear Yard with a maximum of 120 square feet shall be
exempt from the Coverage Requirements.
For lots 5,000 square feet in size or larger, the combined maximum square footage of all
accessory structures on a lot such as 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. Rev. Ord. 16-02 (October 2002)
Section 8.40.020.F.2.e (Guesthouses) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
e. Guesthouses. A detached Guesthouse accessory structure may be established on
the lot of a single-family residence, as follows:
1. Not located in setback area. A guesthouse shall not be located
within any required setback area.
12. Permitted and prohibited spaces. A guesthouse may contain a
sleeping space, bathroom and other living space, but may not contain
kitchen facilities.
23. 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.
5 of 10 Attachment 2
CHAPTER 8.70
RECREATIONAL FACILITIES (INDOOR)
Section 8.70.030.A (Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned
Development Zoning Districts) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
A. Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development
Zoning Districts. An Indoor Recreation Facility may be established only in the
C-1, C-2, M-P, M-1, and M-2 Zoning Districts, Downtown Dublin Zoning District,
and Dublin Crossing Zoning District. An Indoor Recreation Facility may also be
established in a Planned Development (PD) Zoning District if not specifically
prohibited by the PD regulations and if the project site has an underlying
Commercial or Industrial General Plan Land Use designation. Any PD
regulations which require a Conditional Use Permit for an Indoor Recreation
Facility shall be superseded by this Chapter. Any Indoor Recreation Facility in a
PD Zoning District, unless specifically prohibited or expressly permitted by right,
shall be subject to the requirements of this Chapter. Rev. Ord. 4-10 (February
2010); Ord. 15-09 (November 2009)
6 of 10 Attachment 2
CHAPTER 8.72
LANDSCAPING AND FENCING REGULATIONS
Section 8.72.080.E (Prohibited Fence Materials) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
E. Prohibited fence materials.
The use of barbed wire, electrified fence, or razor wire fence, or other similar material as
determined by the Director of Community Development, 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.
7 of 10 Attachment 2
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
Section 8.76.070.A.7 (Dimensional Requirements) of Title 8 of the Dublin Municipal Code
is proposed to be amended as follows:
Table 76-1
*In Table 76-1, A (in degrees) Column, spell out “Compact” and “Full” instead of
“C” and “F”
A = Parking Angle, B = Stall Width, X = Stall Length, C = Compact Space, F = Full
Sized Space, C = Stall Depth, D = Aisle Width, E = Curb Length Per Car, F= Edge to
Edge Width of Double Row and Aisle *The Director of Public Works may require a
larger back-up distance where sight distances are inadequate and for multi-family
residential developments.
Section 8.76.090 (Loading Requirements) of Title 8 of the Dublin Municipal Code is hereby
amended as follows:
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:
*Remove chart
A minimum of one loading space shall be provided or as 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.
8 of 10 Attachment 2
CHAPTER 8.80
SECOND UNITS REGULATIONS
Section 8.80.040.A (Permitted in the R-1 District and Certain Planned Development
Districts) of Title 8 of the Dublin Municipal Code is proposed to be amended as follows:
A. Permitted in the R-1 District and Certain Planned Development Districts. A
second unit may only be permitted in the R-1 zoning district and in a Planned
Development zoning district which specifically allows second units or in a Planned
Development zoning district which is subject to underlying R-1 standards where second
units are not specifically prohibited by the PD regulations. Any PD development
regulations that are more restrictive than this Chapter shall be superseded by this
Chapter and shall be subject to the requirements of this Chapter.
9 of 10 Attachment 2
CHAPTER 8.96
PERMIT PROCEDURES
Section 8.96.020.E (Time Extension) of Title 8 of the Dublin Municipal Code is proposed
to be amended as follows:
E. Time Extension. The original approving decision-maker Director of Community
Development 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 12 months. All time extension
requests shall be noticed and a public hearing or public meeting shall be held as
required by the particular Permit. The Director of Community Development may grant a
maximum of two extensions of approval, and additional extensions may be granted by
the original decision maker.
10 of 10 Attachment 2
CHAPTER 8.104
SITE DEVELOPMENT REVIEW
Section 8.104.030.A.1.a (Single-Family and Two-Family Residential Improvements) of
Title 8 of the Dublin Municipal Code is proposed to be amended as follows:
a. Single-Family Residential Landscape Modification. In a Planned Development
Zoning District with residential uses, the removal of a tree which is part of the
streetscape of a development or is required by the Conditions of Approval, but which is
proposed to be replaced or is proposed to be replaced with the same or a different
species.
ORDINANCE NO. XX-19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08,
8.12, 8.40, 8.70, 8.72, 8.76, 8.80, 8.96 and 8.104 EFFECTIVE CITY-WIDE
PLPA-2018-00030
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to
clarify, add or amend certain provisions to ensure that the Zoning Ordin ance remains internally
consistent, simple to understand and implement, and relevant to changes occurring in the
community; and
WHEREAS, proposed amendments relate to amending Chapters 8.08 (Definitions),
8.12 (Zoning Districts and Permitted Uses of Land), 8.40 (Accessory Structures and Uses
Regulations), 8.70 (Recreational Facilities (Indoor)), 8.72 (Landscaping and Fencing
Regulations), 8.76 (Off-Street Parking and Loading Regulations), 8.80 (Second Units
Regulations), 8.96 (Permit Procedures), and 8.104 (Site Development Review); and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the Planning
Commission recommend that the City Council find this project exempt in accordance with
CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the
amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a
significant effect on the environment; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the
said application on November 13, 2018, during which all interested persons were heard, and
adopted Resolution 18-27 recommending City Council adoption of the proposed Zoning
Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council
recommending approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposing Zoning
Ordinance Amendments on December 18, 2018, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as r equired by
law; and
WHEREAS, the City Council did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that
the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all
applicable Specific Plans in that the Amendments are necessary to comply with State law and
are consistent with applicable land use regulations and development policies.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it
can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment. The adoption of the proposed
Ordinance does not, in itself, allow the establishment of any use or the construction of any
building or structure, but sets forth the regulations that shall be followed if and when a use is
proposed to be established, or a building or structure is proposed to be constructed, or a site is
proposed to be developed. This Ordinance of itself, therefore, has no potential for resulting in
significant physical change in the environment, directly or ultimately.
SECTION 3:
Section 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to replace
the following definitions in their entirety:
Eating and Drinking Establishment (use type). The term Eating and Drinking Establishment
shall mean restaurants, banquet facilities, bars, microbreweries, and taverns and other
establishments selling prepared 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.
Boarding House (use type). The term Boarding House shall mean a housing unit used for
residential purposes, other than a hotel, where lodging and meals for five or more non-transient
persons, who are not living as a single housekeeping unit, are provided for compensation,
whether direct or indirect. In determining the number of persons lodging in a boarding house, all
residents shall be counted, including those acting as a manager, landlord or building
superintendent. A Boarding House is considered to be a Multifamily Dwelling.
Lot Coverage. The term 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.
Single-Family Residence (use type). The term Single-Family Residence shall mean a building
designed for and/or occupied exclusively by a single housekeeping unit. Also includes factory-
built housing, modular housing, manufactured housing, mobile homes, and the rental of
bedrooms within a single-family dwelling to no more than four boarders. A residence with more
than four boarders, where residents do not live as a single housekeeping unit, constitutes a
boarding house, which is included within the definition of “Multi-Family Residence”.
SECTION 4:
Section 8.08.020 (Definitions (A-Z)) of the Dublin Municipal Code is hereby amended to add the
following definitions:
Boarders. The term Boarders shall mean a person who receives regular lodging rights
(including but not limited to a place to eat and sleep) in return for compensation, whether direct
or indirect.
Off-Street Loading Space. Off-Street Loading Space shall mean an area designated for
temporary parking for purposes of on- and off-loading.
Single Housekeeping Unit. The term Single Housekeeping Unit shall mean a residence with
two or more members, whose members are a non -transient interactive group of persons jointly
occupying a single dwelling unit, including but not limited to the joint use of common areas and
sharing household activities and responsibilities such as meals, chores and expenses.
SECTION 5:
Section 8.12.050 (Permitted and Conditional Permitted Land Uses, Regulations, and Performance
Standards) of the Dublin Municipal Code is hereby amended to replace “Family Day Care
Home/Large (up to 14 children)” as follows:
RESIDENTIAL USE TYPES
RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Family Day Care
Home/Large (up to 14
children)
ZC/MUP ZC/MUP ZC/MUP ZC/MUP - - - - - - -
SECTION 6:
Sections 8.40.020.F.1.d (Maximum square footage of detached accessory structures (excluding
swimming pools) on a lot) and 8.40.020.F.2.e (Guesthouses) of the Dublin Municipal Code are
hereby amended to read as follows:
d. Maximum square footage of detached accessory structures (excluding swimming
pools) on a lot. One accessory structure in the Rear Yard with a maximum of 120 square feet
shall be exempt from the Coverage Requirements.
For lots 5,000 square feet in size or larger, the combined maximum square foo tage of all
accessory structures on a lot such as 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. Rev. Ord. 16-02 (October 2002)
e. Guesthouses. A detached Guesthouse accessory structure may be established on the lot
of a single-family residence, as follows:
1. Permitted and prohibited spaces. A guesthouse may contain a sleeping space, bathroom
and other living space, but may not contain kitchen facilities.
2. 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.
SECTION 7:
Section 8.70.030.A (Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned
Development Zoning Districts) of the Dublin Municipal Code is hereby amended to read as
follows:
A. Permitted in the C-1, C-2, M-P, M-1, M-2, and Certain Planned Development Zoning
Districts. An Indoor Recreation Facility may be established only in the C-1, C-2, M-P, M-1, M-2
Zoning Districts, Downtown Dublin Zoning District, and Dublin Crossing Zoning D istrict. An
Indoor Recreation Facility may also be established in a Planned Development (PD) Zoning
District if not specifically prohibited by the PD regulations and if the project site has an
underlying Commercial or Industrial General Plan Land Use designation. Any PD regulations
which require a Conditional Use Permit for an Indoor Recreation Facility shall be superseded by
this Chapter. Any Indoor Recreation Facility in a PD Zoning District, unless specifically prohibited
or expressly permitted by right, shall be subject to the requirements of this Chapter. Rev. Ord. 4-
10 (February 2010); Ord. 15-09 (November 2009)
SECTION 8:
Section 8.72.080.E (Prohibited Fence Materials) of the Dublin Municipal Code is hereby
amended to read as follows:
E. Prohibited fence materials.
The use of barbed wire, electrified fence, razor wire fence, or other similar material as
determined by the Director of Community Development, 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.
SECTION 9:
Section 8.76.070.A.7 (Dimensional Requirements) is hereby amended to spell out “Compact”
and “Full” in column “A (in degrees)” of Table 76 -1 and replace the wording below Table 76-1 in
its entirely to read as follows:
A = Parking Angle, B = Stall Width, X = Stall Length, C = Stall Depth, D = Aisle Width, E = Curb
Length Per Car, F= Edge to Edge Width of Double Row and Aisle *The Director of Public Works
may require a larger back-up distance where sight distances are inadequate and for multi-family
residential developments.
SECTION 10:
Section 8.76.090 (Loading Requirements) of the Dublin Municipal Code is hereby amended to
read as follows:
Off-street freight and equipment loading spaces shall be provided for offices, hospitals,
institutions, hotels, senior group housing, schools, day care centers, and other commercial and
industrial land uses.
A minimum of one loading space shall be provided or as determined by the Director of
Community Development based upon the requirements for comparable uses and upon the
particular characteristics of the proposed use.
SECTION 11:
Section 8.80.040.A (Permitted in the R-1 District and Certain Planned Development Districts) of
the Dublin Municipal Code is hereby amended to read as follows:
A. Permitted in the R-1 District and Certain Planned Development Districts. A second unit
may only be permitted in the R-1 zoning district and in a Planned Development zoning district
which specifically allows second units or in a Planned Development zoning district which is
subject to underlying R-1 standards where second units are not specifically prohibited by the PD
regulations. Any PD development regulations that are more restrictive than this Chapter shall be
superseded by this Chapter and shall be subject to the requirements of this Chapter.
SECTION 12:
Section 8.96.020.E (Time Extension) of the Dublin Municipal Code is hereby amended to read
as follows:
E. Time Extension. The Director of Community Development 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 wil l
continue to be met, grant a time extension of approval for a period not to exceed 12 months .
The Director of Community Development may grant a maximum of two extensions of approval,
and additional extensions may be granted by the original decision maker .
SECTION 13:
Section 8.104.030.A.1.a (Single-Family and Two-Family Residential Improvements) of the
Dublin Municipal Code is hereby amended to read as follows:
A. Single-Family Residential Landscape Modification. In a Planned Development Zoning
District with residential uses, the removal of a tree which is part of the streetscape of a
development or is required by the Conditions of Approval, but which is proposed to be replaced
with the same or a different species.
SECTION 14:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or
circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or
impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of
the ordinance or their applicability to other persons or circumstances.
SECTION 15: 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 final
adoption. 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 39633 of the Government
Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day
of , 2019, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk