HomeMy WebLinkAbout4.5 - 3246 DMC Amendments 2nd Reading
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STAFF REPORT
CITY COUNCIL
DATE: June 2, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Dublin Municipal Code Amendments Repealing Chapter 8.66 and
Amending Chapters 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102,
8.104, 8.116, and 8.124 (PLPA-2020-00005)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider amendments to the Dublin Municipal Code to comply with
State law pertaining to Large Family Day Care Homes, to bring greater clarity and
consistency to existing regulations, and to expand upon uses in the Industrial zoning
districts to encourage economic development. Amendments are proposed to repeal
Chapter 8.66 and amend Chapters 5.60 (Heritage Trees); 8.08 (Definitions); 8.12
(Zoning Districts and Permitted Uses of Land); 8.16 (Agricultural Zoning District); 8.20
(Residential Zoning Districts); 8.40 (Accessory Structures); 8.64 (Home Occupations
Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off-Street Parking and
Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review);
8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits).
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Approving Amendments to the Dublin
Municipal Code Repealing Chapter 8.66 and Amending Chapters 5.60, 8.08, 8.12, 8.16,
8.20, 8.40, 8.64, 8.76, 8.102, 8.104, 8.116, and 8.124 Effective City-Wide.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Periodically, the City initiates amendments to the Dublin Municipal Code (DMC) to
clarify, add or amend certain provisions to ensure that the DMC complies with State law,
remains internally consistent, and addresses relevant changes occurring in the
community. Staff is currently proposing such amendments to the DMC.
Attachment 1 provides a complete list of the proposed DMC Amendments shown in a
redlined format where underlined text is proposed to be added and text with a
Page 2 of 2
strikethrough is proposed to be deleted. The draft Ordinance is included as Attachment
2.
On May 19, 2020, the City Council waived the first reading and introduced an Ordinance
approving the proposed amendments to the Dublin Municipal Code Repealing Chapter
8.66 and Amending Chapters 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64, 8.76, 8.102,
8.104, 8.116, and 8.124 Effective City-Wide. The City Council is being asked to waive
the second reading and adopt the draft Ordinance provided as Attachment 2.
There is minor typographical change from the draft Ordinance presented to City Council
on May 19, 2020. Section 10 of the draft Ordinance amending DMC Section 8.40.020
has been amended to correct the word “comprised” to “composed” as follows:
D. Requirements for Specific Accessory Structures that Apply City-wide.
2. Flag poles. Maximum height of 35 feet with a minimum 5-foot setback from
any property line. Additional height may be authorized through Site Development
Review approval by the Zoning Administrator. The maximum number of flag poles
allowed per parcel or development, if comprised composed of multiple parcels, is
as follows:
STRATEGIC PLAN INITIATIVE:
None.
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 it does not allow construction of any building or structure but sets forth
the regulations that shall be followed if and when a building or structure is proposed to
be constructed or a site is proposed to be developed. Therefore, the Ordinance itself
has no potential for resulting in significant physical change in the environment, directly
or ultimately.
ATTACHMENTS:
1. Proposed Amendments in Underline Strikeout Format
2. Ordinance Amending the DMC
1
CHAPTER 5.60
HERITAGE TREES
Section 5.60.060 (Tree removal permit procedures) of Title 5 of the Dublin Municipal Code is
proposed to be amended as follows:
A.5. Application Fee. All applications shall be submitted with payment of a nonrefundable fe e.
A tree removal permit fee of twenty-five dollars ($25) to cover the cost of permit administration.
An additional deposit may be required by the Director to retain a certified arborist to assist the
city in assessing the condition of the trees;
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:
Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility
in which food is processed or otherwise prepared for off -site sale or consumption. Facilities may
be shared among various food processors, producers, or preparers. This use type may include
cooking and food handling instruction as an accessory use. Use types may include, but are not
limited to, commissary kitchen and catering.
Health Club/Fitness Center (use type). The term Health Club/Fitness Center shall mean a place
which houses exercise equipment for the purpose of physical exercise. Often there are also group
exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a
fee to allow visitors to use the equipment, courses, and other provided se rvices. A Health
Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other
ancillary facilities such as a pool or sports courts
Industrial-Light (use type). The term Industrial-Light includes manufacturing, processing,
assembly, high technology, research and development and storage uses conducted indoors,
accessory restaurant and retail sales to serve the industrial area only, and other uses determined
to be substantially similar to the above by the Director of Community Development. These uses
must conform to the Industrial Performance Standards of this Title.
Office - Professional/Administrative (use type). The term Office - Professional/Administrative
shall mean an office or office building for the conduct of business, administration or professional
services, where these activities do not include the manufacture, storage, display except for
samples, or sale at retail of any merchandise on the premise, including but not limited to the
following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock
and bond), business consultant, business management, call centers, chiropodist, chiropractor,
collecting agency, computer and internet programming and services, data processing, dentist,
employment agency, engineer, financial services, industrial management, insurance, landscape
architect, loan agency, medical doctor, mortgage company, optometrist, osteopath, philanthropic
or charitable organization, public utilities, real estate, sales representative, secretarial, telephone
answering, travel agent, telecommuting center or other uses determined to be substantially similar
to the above by the Director of Community Development.
2
School - Commercial (use type). The term School - Commercial shall mean a private business,
beauty, cooking, language or trade school of a nonrecreational nature, or other school which is
determined to be substantially similar to the above by the Director of Community Development,
located in a commercial zone, and which charges a fee for attendance. Facilities which teach
sports or recreation such as martial arts or gymnastics are addressed by the Recreational
Facility/Indoor Use Type. Public schools and private schools which meet the requirements of the
Compulsory Education Law of the State are addressed by the Community Facility Use Type.
CHAPTER 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is proposed to be amended as follows:
A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Commercial
Kitchen
- - - - - - - - P P -
Cottage Food
Operations
(see Chapter
8.65)
ZC/MU
P
ZC/MU
P
ZC/MU
P
ZC/MU
P
- - - - - - -
Family Day Care
Home/Large (up
to 14 children)
ZC/MU
P
P
ZC/MU
P
P
ZC/MU
P
P
ZC/MU
P
P
- - - - - - -
Automobile/Vehi
cle Rental
(see Chapter
8.34)
- - - - - - - P - C/PC
ZC/MU
P1
-
Automobile/Vehi
cle Repairs and
Service
(see Chapter
8.34)
- - - - - - - P - C/PC
ZC/MU
P1
-
Automobile/Vehi
cle Sales and
Service
(see Chapter
8.34)
- - - - - - - C/PC - C/PC
ZC/MU
P1
-
Health
Services/Clinics
- - - - C/ZA
P
-
P
P P -
P
- -
Office -
Professional/Ad
ministrative
- - - - P P P P P -
P
-
School -
Commercial
- - - - - - P P P/MU
P4
P/MUP4 P/MU
P4
4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building and
permitted with approval of an MUP when use type is not entirely conducted within a building.
3
CHAPTER 8.16
AGRICULTURAL ZONING DISTRICT
Section 8.16.020 (Agricultural Zoning District) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day
Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and
conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional
Use Permit by the Zoning Administrator.
CHAPTER 8.20
RESIDENTIAL ZONING DISTRICT
Section 8.20.020 (Residential Zoning District) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
A. R-1 (Single Family Residential Zoning District).
2. Use types permitted in R-1 zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day
Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and
conditional uses.
B. R-2 (Two Family Residential Zoning District).
2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi -Family Residence, Single Family
Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related
uses; temporary uses; and conditional uses.
C. R-M (Multi-Family Residential Zoning District).
2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning
district include Animal Keeping - Residential, Community Care Facility/Small, Duplex,
Garage/Yard Sale, Multi-Family Residence, Single Family Residence; Small Family Day Care
Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional
uses.
4
CHAPTER 8.40
ACCESSORY STRUCTURES AND USES REGULATIONS
Section 8.40.020 (Accessory Structures) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
D. Requirements for Specific Accessory Structures that Apply City-wide.
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property line.
Additional height may be authorized through Site Development Review approval by the Zoning
Administrator. The maximum number of flag poles allowed per parcel or development, if composed
of multiple parcels, is as follows:
Zoning District Max. Flag Poles Allowed
Agricultural 1
Residential 1
Commercial 3
Industrial 3
Planned Development Subject to the regulations of the
closest comparable zoning district
Section 8.40.030 (Accessory Uses) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
E. Permitted Residential Accessory Uses.
5. Home Occupations, and Cottage Food Operations, Large Family Day Care Homes.
Home Occupations are subject to the provisions of Chapter 8.64 (Home Occupations
Regulations), and Cottage Food Operations are subject to the provisions of Chapter 8.65
(Cottage Food Operations) and Large Family Day Care Homes are subject to the provisions of
Chapter 8.66 (Large Family Day Care Homes).
CHAPTER 8.64
HOME OCCUPATIONS REGULATIONS
Section 8.64.050 (Exclusions) of Title 8 of the Dublin Municipal Code is proposed to be deleted
as follows:
B. Large Family Day Care Homes. Large Family Day Care Homes are subject to the
provisions of Chapter 8.66 (Large Family Day Care Homes).
5
CHAPTER 8.66
LARGE FAMILY DAY CARE HOMES
Chapter 8.66 (Large Family Day Care Homes) of Title 8 of the Dublin Municipal Code is
proposed to repealed from the Zoning Ordinance.
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
Section 8.76.050 (Adjustment to the Number of Parking Spaces) of Title 8 of the Dublin Municipal
Code is proposed to be amended as follows:
E. Parking Reductions For An Individual Use. When a reduction of off-street parking is
proposed because an applicant for a proposed use believes the number of parking spaces
required for their use as specified in Section 8.76.080 is not applicable, because the use would
function differently than the generic use type and associated parking standards established in
this Chapter, the Zoning Administrator Community Development Director may grant a reduction
in off-street parking requirements pursuant to Chapter 8.100, Conditional Use Permit Chapter
8.102, Minor Use Permit if:
1. Conditional The Minor Use Permit Findings can be made.
2. The Applicant submits a parking study prepared by a qualified consultant analyzing
the parking demands of the proposed use and the parking demands o f similar uses in
similar situations, demonstrating that the required parking standards are excessive, and
proposing alternate parking standards which are appropriate and ensure that there will not
be a parking deficiency.
3. Overflow parking will not impact any adjacent use.
Section 8.76.080 (Parking Requirements by Use Type) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
B. Residential Use Types. Residential Use Types shall provide off-street parking spaces as
follows:
RESIDENTIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED
Family Day Care Home/Large (up to 14)
2 in enclosed garage per dwelling, plus 1 space for
every employee not residing in the home, plus one
loading space for every 6 children in the facility; one
loading space may occur on street if within 150 feet of
the dwelling
Not regulated
6
D. Commercial Use Types. Commercial Use Types shall provide off-street parking spaces
as follows:
COMMERCIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED
Commercial Kitchen 1 per 400 square feet
CHAPTER 8.102
MINOR USE PERMIT
Section 8.102.060 (Required Finings) of Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include
a parking reduction for an individual use or shared parking.
CHAPTER 8.104
SITE DEVELOPMENT REVIEW
Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal
Code is proposed to be amended as follows:
B. Fences and Walls. Fences and walls that comply with the height limits provided in Section
8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which
allow similar residential uses.
Section 8.104.040 (Projects Subject to Site Development Review) of Title 8 of the Dublin Municipal
Code is proposed to be amended as follows:
A. Community Development Director.
15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the
district up to a maximum height of 12 feet.
Section 8.104.040 (Projects Subject to Site Development Review) of Title 8 of the Dublin Municipal
Code is proposed to be amended as follows:
C. Planning Commission.
5. Condominium Conversion. Any condominium conversion shall also be reviewed in
accordance with and subject to Chapter 8.54, Condo Conversion Regulations.
7
CHAPTER 8.116
ZONING CLEARANCE
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal
Code is proposed to be amended as follows:
D. Large Family Day Care Home. Large family day care homes that meet the standards
specified in Chapter 8.66 (Large Family Day Care Homes).
Section 8.116.030 (Application) o f Title 8 of the Dublin Municipal Code is proposed to be
amended as follows:
D. Large Family Day Care Home. 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 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is proposed to be amended
as follows:
D. Large Family Day Care Home. All large family day care homes shall be reviewed for
compliance with Chapter 8.66 (Large Family Day Care Homes). The zoning clearance approval
for large family day care homes shall be a completed “Zoning Clearance for Large Family Day
Care Homes” application form and any pertinent attachments as require d on the form with the
date and signature of the Community Development Director or his/her designee.
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is
proposed to be amended as follows:
D. 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.
8
CHAPTER 8.124
APPLICATIONS, FEES AND DEPOSITS
Section 8.124.040 (Application Abandonment) of Title 8 of the Dublin Municipal Code is proposed
to be added as follows:
8.124.040 Abandonment of Application.
A. If an applicant fails to make reasonable progress in either submitting the necessary information
to deem a Planning application complete or responding to comments in order to move the
application toward final action and the application becomes inactive for more than 90 days, the
application may be considered abandoned and deemed withdrawn, without any further action by
the City.
B. The Community Development Director or designee may grant one or more 30 -day extensions
if he/she determines that circumstances unique to the project justify each extension.
C. After the abandonment of an application, future City consideration shall require the submittal of
a new, complete application and associated fees.
ORDINANCE NO. XX-20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE REPEALING
CHAPTER 8.66 AND AMENDING CHAPTERS 5.60, 8.08, 8.12, 8.16, 8.20, 8.40, 8.64,
8.76, 8.102, 8.104, 8.116, AND 8.124 EFFECTIVE CITY-WIDE
PLPA-2020-00005
WHEREAS, the City initiated amendments to the Dublin Municipal Code to clarify, add or
amend certain provisions to ensure that the Dublin Municipal Code complies with State law and
remains internally consistent and relevant to changes occurring in the community; and
WHEREAS, amendments are proposed to Dublin Municipal Code Chapters 5 5.60
(Heritage Trees); 8.08 (Definitions); 8.12 (Zoning Districts and Permitted Uses of Land); 8.16
(Agricultural Zoning District); 8.20 (Residential Zoning Districts); 8.40 (Accessory Structures);
8.64 (Home Occupations Regulations); 8.66 (Large Family Day Care Homes); 8.76 (Off -Street
Parking and Loading Regulations); 8.102 (Minor Use Permit); 8.104 (Site Development Review);
8.116 (Zoning Clearance); and 8.124 (Applications, Fees and Deposits); and
WHEREAS, the proposed amendments relate to compliance with State law requirements
for Large Family Day Care Homes (Senate Bill 234), minor amendments to procedures for
heritage tree permits, existing definitions for office use, flag pole regulations, reduct ion of parking
regulations and site development review for fencing, walls and condominium conversions, the
addition of an application abandonment policy and amendments to expand upon allowed uses in
the Industrial zoning districts; and
WHEREAS, the Planning Commission held a duly noticed public hearing on the said
application on April 28, 2020, during which all interested persons were heard, and adopted
Resolution No. 20-07 recommending City Council adoption of the proposed Dublin Municipal
Code Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Dublin Municipal Code Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Dublin Municipal Code
Amendments on May 19, 2020, 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 required 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 Dublin Municipal Code 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 of
Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental
impacts and that environmental documents be prepared. Pursuant to CEQA Guidelines Section
15061(b)(3), the City Council finds that the proposed project is exempt from environmental review
because it can be seen with certainty that the amendments to the Dublin Municipal Code will not
have a significant effect on the environment. The adoption of the proposed Ordinance does not,
in itself, allow the construction of any building or structure, but sets forth amendments to the
Dublin Municipal Code to ensure that it is consistent with State law as well as internally consistent
and meeting the needs of the community. This Ordinance of itself, therefore, has no potential for
resulting in significant physical change in the environment, directly or indirectly.
SECTION 3:
Section 5.60.060 A.5 (Application Fee) of Title 5 (Public Welfare) of the Dublin Municipal Code is
hereby amended to read as follows:
Application Fee. All applications shall be submitted with payment of a nonrefundable fee . An
additional deposit may be required by the Director to retain a certified arborist to assist the city in
assessing the condition of the trees;
SECTION 4:
The definitions in Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal
Code are hereby amended to read as follows:
Health Club/Fitness Center. The term Health Club/Fitness Center shall mean a place which
houses exercise equipment for the purpose of physical exercise. Often there are also group
exercise courses for aerobics or the like offered. Health Club/Fitness Centers generally charge a
fee to allow visitors to use the equipment, courses, and other provided se rvices. A Health
Club/Fitness Center may or may not include an indoor sauna, spa or hot tub facilities or other
ancillary facilities such as a pool or sports courts
Industrial-Light (use type). The term Industrial-Light includes manufacturing, processing,
assembly, research and development and storage uses conducted indoors, accessory restaurant
and retail sales to serve the industrial area only, and other uses determined to be substantially
similar to the above by the Director of Community Development. Th ese uses must conform to
the Industrial Performance Standards of this Title.
Office - Professional/Administrative (use type). The term Office - Professional/Administrative
shall mean an office or office building for the conduct of business, administration or professional
services, where these activities do not include the manufacture, storage, display except for
samples, or sale at retail of any merchandise on the premise, including but not limited to the
following types of occupancy: accountant, advertising agency, architect, attorney, broker (stock
and bond), business consultant, business management, call centers, collecting agency, computer
and internet programming and services, data processing, employment agency, engineer,
financial services, industrial management, insurance, landscape architect, loan agency,
mortgage company, philanthropic or charitable organization, public u tilities, real estate, sales
representative, secretarial, telephone answering, travel agent, telecommuting center or other
uses determined to be substantially similar to the above by the Director of Community
Development.
School - Commercial (use type). The term School - Commercial shall mean a private business,
beauty, cooking, language or trade school of a nonrecreational nature, or other school which is
determined to be substantially similar to the above by the Director of Community Development,
and which charges a fee for attendance. Facilities which teach sports or recreation such as martial
arts or gymnastics are addressed by the Recreational Facility/Indoor Use Type.
Public schools and private schools which meet the requirements of the Compulsory Education
Law of the State are addressed by the Community Facility Use Type.
SECTION 5:
Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to add the following definition:
Commercial Kitchen (use type). The term Commercial Kitchen shall mean a commercial facility
in which food is processed or otherwise prepared for off-site sale or consumption. Facilities may
be shared among various food processors, producers, or preparers. This use type may includ e
cooking and food handling instruction as an accessory use. Use types may include, but are not
limited to, commissary kitchen and catering.
SECTION 6:
The following row and footnote in the table of Section 8.12.050 (Permitted and Conditionally
Permitted Land Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby added to read
as follows:
COMMERCIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Commercial
Kitchen
- - - - - - - - P P -
4 Permitted in M-P, M-1, and M-2 zoning districts when use type is conducted entirely within a building
and permitted with approval of an MUP when use type is not entirely conducted within a building.
SECTION 7:
The following rows in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) of Title 8 (Zoning) of the Dublin Municipal Code are hereby amended to read as follows:
RESIDENTIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Cottage Food
Operations
(see Chapter
8.65)
ZC/MU
P
ZC/MU
P
ZC/MU
P
ZC/MU
P
- - - - - - -
Family Day Care
Home/Large (up
to 14 children)
P P P P - - - - - - -
COMMERCIAL
USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Automobile/Vehi
cle Rental
(see Chapter
8.34)
- - - - - - - P - C/PC
ZC/MU
P1
-
Automobile/Vehi
cle Repairs and
Service
(see Chapter
8.34)
- - - - - - - P - C/PC
ZC/MU
P1
-
Automobile/Vehi
cle Sales and
Service
(see Chapter
8.34)
- - - - - - - C/PC - C/PC
ZC/MU
P1
-
Commercial
Kitchen
- - - - - - - - P P -
Health
Services/Clinics
- - - - P P P P P - -
Office -
Professional/Ad
ministrative
- - - - P P P P P P -
School -
Commercial
- - - - - - P P P/MU
P4
P/MUP4 P/MU
P4
SECTION 8:
Section 8.16.020.A (Use types permitted in A zoning district) of Title 8 (Zoning) of the Dublin
Municipal Code is hereby amended to read as follows:
A. Use types permitted in A zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day
Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and
conditional uses. All Agriculture use types as shown in the Land Use Matrix require a Conditional
Use Permit by the Zoning Administrator.
SECTION 9:
Section 8.20.020 (Residential Zoning District) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
A. R-1 (Single Family Residential Zoning District).
2. Use types permitted in R-1 zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Garage/Yard Sale, Mobile Home, Single Family Residence, Small Family Day
Care Home; Large Family Day Care Home; similar and related uses; temporary uses; and
conditional uses.
B. R-2 (Two Family Residential Zoning District).
2. Use types permitted in R-2 zoning district. Animal Keeping - Residential, Community Care
Facility/Small, Duplex, Garage/Yard Sale, Mobile Home, Multi -Family Residence, Single Family
Residence, Small Family Day Care Home; Large Family Day Care Home; similar and related
uses; temporary uses; and conditional uses.
C. R-M (Multi-Family Residential Zoning District).
2. Use types permitted in R-M zoning district. The use types intended for the R-M zoning
district include Animal Keeping - Residential, Community Care Facility/Small, Duplex,
Garage/Yard Sale, Multi-Family Residence, Single Family Residence; Small Family Day Care
Home; Large Family Day Care Home; similar and related uses; temporary uses; and conditional
uses.
SECTION 10:
Section 8.40.020 (Accessory Structures) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
D. Requirements for Specific Accessory Structures that Apply City-wide.
2. Flag poles. Maximum height of 35 feet with a minimum 5 foot setback from any property
line. Additional height may be authorized through Site Development Review approval by the
Zoning Administrator. The maximum number of flag poles allowed per parcel or development, i f
composed of multiple parcels, is as follows:
Zoning District Max. Flag Poles Allowed
Agricultural 1
Residential 1
Commercial 3
Industrial 3
Planned Development Subject to the regulations of the closest
comparable zoning district
SECTION 11:
Section 8.40.030.E.5. (Home Occupations, Cottage Food Operations, Large Family Day Care
Homes.) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to delete Large
Family Day Care Homes to read as follows:
E. Permitted Residential Accessory Uses.
5. Home Occupations and Cottage Food Operations. Home Occupations are subject to the
provisions of Chapter 8.64 (Home Occupations Regulations) and Cottage Food Operations are
subject to the provisions of Chapter 8.65 (Cottage Food Operations)
SECTION 12:
Section 8.64.050 (Exclusions) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended
to delete Section 8.64.050 B (Large Family Day Care Homes).
SECTION 13:
Chapter 8.66 (Large Family Day Care Homes) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby repealed.
SECTION 14:
Section 8.76.050 E (Parking Reductions For an Individual Use) of Title 8 (Zoning) is hereby
amended to read as follows:
E. Parking Reductions For An Individual Use. When a reduction of off-street parking is
proposed because an applicant for a proposed use believes the number of parking spaces
required for their use as specified in Section 8.76.080 is not applicable, because the use would
function differently than the generic use type and associated parking standards established in
this Chapter, the Community Development Director may grant a red uction in off-street parking
requirements pursuant to Chapter 8.102, Minor Use Permit if:
1. The Minor Use Permit Findings can be made.
2. The Applicant submits a parking study prepared by a qualified consultant analyzing the
parking demands of the proposed use and the parking demands of similar uses in similar
situations, demonstrating that the required parking standards are excessive, and proposing
alternate parking standards which are appropriate and ensure that there will not be a parking
deficiency.
3. Overflow parking will not impact any adjacent use.
SECTION 15:
The following rows in the table of Section 8.76.080 B (Residential Use Types) of Title 8 (Zoning)
of the Dublin Municipal Code is hereby amended to read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Family Day Care Home/Large (up to 14) Not regulated
SECTION 16:
The following rows in the table of Section 8.76.080 C (Commercial Use Types) of Title 8 (Zoning)
of the Dublin Municipal Code is hereby added to read as follows:
COMMERCIAL USE TYPE NUMBER OF PARKING SPACES REQUIRED
Commercial Kitchen 1 per 400 square feet
SECTION 17:
Section 8.102.060 (Required Finings) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to read as follows:
B. The proposed use meets the parking requirement for the use type in accordance with the
requirements of Chapter 8.76 (Off-Street Parking and Loading Regulations), which could include
a parking reduction for an individual use or shared parking.
SECTION 18:
Section 8.104.020 B (Fences) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended
to read as follows
B. Fences and Walls. Fences and walls that comply with the height limits provided in Section
8.72.080 in the R-1 or R-2 Zoning Districts or any Planned Development Zoning Districts which
allow similar residential uses.
SECTION 19:
Section 8.104.040 A (Community Development Director) of Title 8 of the Dublin Municipal Code
is hereby amended add Subsection 15 (Fences and Walls) to read as follows:
15. Fences and Walls. A fence or wall, in any zoning district, that exceeds the height limit of the
district up to a maximum height of 12 feet.
SECTION 20:
Section 8.104.040 C (Planning Commission) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to add Subsection 5 (Condominium Conversion) to read as follows:
5. Condominium Conversion. Any condominium conversion shall also be reviewed in
accordance with and subject to Chapter 8.54, Condo Conversion Regulations.
SECTION 21:
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 (Zoning) of the Dublin
Municipal Code is hereby amended to delete Section 8.116.020.D (Large Family Day Care
Home) and renumber subsequent sections.
SECTION 22:
Section 8.116.030 (Application) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to delete Section 8.116.030.D. (Large Family Day Care Homes) and renumber
subsequent sections.
SECTION 23:
Section 8.116.040 (Approval) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended
to delete Section 8.116.040.D. (Large Family Day Care Homes) and renumber subsequent
sections.
SECTION 24:
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 (Zoning) of the Dublin Municipal
Code is hereby amended to delete Section 8.116.050.D. (Large Family Day Care Home) and
renumber subsequent sections.
SECTION 25:
Chapter 8.124 (Applications, Fees and Deposits) of Title 8 (Zoning) of the Dublin Municipal Code
is amended to add Section 8.124.040 (Application Abandonment) to read as follows:
8.124.040 Abandonment of Application.
A. If an applicant fails to make reasonable progress in either submitting the necessary information
to deem a Planning application complete or responding to comments in order to move the
application toward final action and the application becomes inactive for more than 90 days, the
application may be considered abandoned and deemed withdrawn, without any further action by
the City.
B. The Community Development Director or designee may grant one or more 30 -day extensions
if he/she determines that circumstances unique to the project justify eac h extension.
C. After the abandonment of an application, future City consideration shall require the submittal
of a new, complete application and associated fees.
SECTION 26:
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 27:
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 2nd day
of June, 2020, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk