HomeMy WebLinkAbout6.1 Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions)STAFF REPORT
CITY COUNCIL
Page 1 of 6
Agenda Item 6.1
DATE:March 15, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)Prepared by:Mayank Patel,Associate Planner
EXECUTIVE SUMMARY:The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish affordability requirements, and establish objective design and development standards for projects allowed by SB 9. The City Council will also consider amending the City’s Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments.Staff recommends finding the amendments to the DMC statutorily exempt from the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and take the following actions: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide;and 2) adopt the ResolutionAmending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments.
FINANCIAL IMPACT:The City Council will consider amending the Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments. The new application fee is proposed to be based on time and materials to ensure the City recovers the actual costs associated with processing applications for SB 9 Unit Developments.
DESCRIPTION:
410
Page 2 of 6
BackgroundOn September 16, 2021, Governor Newsom signed into law Senate Bill (SB) 9, titled the California Housing Opportunity and More Efficiency (HOME) Act, which went into effect on January 1, 2022. The bill has two major components: 1) the right to develop more than one home on a single-family residential lot; and 2) the right to subdivide a single-family residential lot. Units created by exercising the rights provided under SB 9 are referred to here as “SB 9 Units.” The term “Urban Lot Split” is used to describe a subdivision of an existing single-family residential parcel into two lotsunder SB 9. If certain criteria are met, SB 9 requires local jurisdictions to ministerially approve SB 9 Unit Developments and Urban Lot Splits. Table 1 summarizes the criteria set forth in SB 9. Table 1. Qualifying Criteria for SB 9 Projects.
Requirement SB 9 Unit Developments Urban Lot Split1.Project site is in a single-family residential zoning district.X X2.Project site is not in a “sensitive” area as identified under Government Code Section 65913.4.X X3.Project does not result in the demolition of below market rate/deed-restricted affordable housing or rent-controlled units.X X4.Property has not occupied by tenants in the past three years.X X5.Property has not been withdrawn from the rental market under the Ellis Act for the past 15 years.X X6.Property is not located in a historic district or included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. X X
7.Units constructed via SB 9 must be used for residential purposes and cannot be used for short-term rentals of less than 30 days.X X8.Project creates two new parcels of approximately equal lot area—each at least 40 percent of the lot area of the original parcel.X9.Each new lot is at least 1,200 square feet.X10.The parcel was not created through prior exercise of an Urban Lot Split under SB 9.X
411
Page 3 of 6
Requirement SB 9 Unit Developments Urban Lot Split11.Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split under SB 9.X
12.The applicant must indicate, by affidavit, their intention to reside in one of the units built on either parcel for at least three years.X
SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately) and additional ADUs as further discussed below. Under SB 9, new units and subdivisions need not comply with the City’s development standards for the Single-Family Residential (R-1) zoning district and similar Planned Development Zoning Districts. The new law effectively limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However, the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9.Staff proposes to create objective standards to regulate SB 9 Units and Urban Lot Splits with a focus on the following areas: 1) the number of allowed units; 2) affordability requirements; 3) occupancy requirements; and 4) design and development standards. Staff proposes to create a new chapter (Chapter 8.81) in the Zoning Ordinance to regulate SB 9 Unit Developments and a new chapter (Chapter 9.54) in the Subdivisions Ordinance to regulate Urban Lot Splits. Additional amendments to the Zoning and Subdivision ordinances are proposed to ensure internal consistency. The draft Ordinance is included as Attachment 1. Refer to Attachment 2 for a redline version of the proposed ordinance text changes where the added text is underlined and any text to be removed is marked with a strikethrough.AnalysisStaff prepared amendments to the Dublin Municipal Code (DMC) to implement SB 9 and to reduce the impact to existing single-family residential neighborhoods within the confines allowed by State law. The proposed Chapter 8.81 would implement SB 9 and provide the City’s objective standards to regulate housing developments allowed by the bill. The use and development of lots within the R-1 Zoning District would continue to be regulated by the provisions of the Zoning Ordinance except as modified by SB 9 and Zoning Ordinance Chapter 8.81. Chapter 9.54 would implement SB 9 and provide the City’s objective standards to regulate Urban Lot Splits. The following provides a summary of the key provisions of the proposed DMC Amendments.Number of Units.Currently, the DMC allows up to three units on a single-family residential lot: A Primary Dwelling Unit (PDU), an Accessory Dwelling Unit (ADU), and a Junior Accessory Dwelling Unit (JADU). SB 9 would allow up to four units on an existing lot, including an additional housing
412
Page 4 of 6
unit (“SB 9 Unit”), an ADU, and a JADU. However, SB 9 allows the City to restrict the total number of units per lot with an Urban Lot Split. The proposed Chapter 8.81 seeks to limit the number of units per lot to the extent allowed by State law. Table 2 reflects the maximum number of units allowed per lot by Chapter 8.81. ADUs and JADUs would continue to be regulated by Chapter 8.80 (Accessory Dwelling Unit Regulations), except as modified by SB 9 and Chapter 8.81.Table 2. Maximum Number of Units Allowed on a Single-Family Lot: Pre- and Post-SB 9
Unit Type Pre-SB 9:Number of UnitsAllowed Per Lot
Post-SB 9: Number of Units Allowed Per LotNo Urban Lot Split Urban Lot SplitVacant Lot Developed Lot Vacant Lot Developed LotPDU1-1 -1ADU11101*JADU 1 1 1 0 1*SB 9 Unit -2 1 2 1*Max.3 4 4 2 2* An Urban Lot Split parcel developed with a PDU would be limited to one additional unit, for a total of two units on the respective lot. The additional unit can be an SB 9 Unit, an ADU, or a JADU.Affordability.While SB 9 is silent regarding affordability provisions for residential units, the proposed amendments to the Zoning Ordinance (Section 8.81.060) and the Subdivision Ordinance (Section 9.54.070) require at least one unit created under SB 9 to be deed restricted as affordable to moderate income households. The affordable unit cannot be an ADU or JADU. The affordable unit would be subject to the applicable provisions of the City’s Inclusionary Zoning Regulations (Chapter 8.68). Intent to Occupy.The proposed amendments require an applicant for an SB 9 Unit Development or an Urban Lot Split to sign an affidavit, indicating intent to occupy either the PDU or SB 9 Unit as their principal residence for a minimum of three years from the issuance of an SB 9 unit’s Certificate of Occupancy, or in the case of an Urban Lot Split, from the date of approval of the subdivision.Design and Development Standards.The proposed design and development standards for an SB 9 Unit under Section 8.81.070 are intended to safeguard the characteristics of existing single-family neighborhoods in Dublin. For example, to help address potential concerns about aesthetics, the proposed standards regulate street-facing elevations, building color and materials, as well as roof roofs. Additionally, standards pertaining to second-story massing and height limits are proposed to help maintain privacy and access to light and air. Required parking is limited to a maximum of one space per unit, and no required parking if located near transit, as required by SB 9. Similarly, the proposed subdivisions standards for an Urban Lot Split under Section 9.54.060 are intended to
413
Page 5 of 6
limit changes to the fabric of existing neighborhoods by limiting the creation of irregularly configured lots and requiring lots to have frontage to the public right-of-way.Permitting. In accordance with State law, decisions on development and subdivisions under SB 9 are not subject to a public hearing nor can they be appealed if the application is found to comply with the requirements of SB 9 and the DMC. Thus, development under SB 9 would be subject to review and ministerial approval of a Zoning Clearance by the Community Development Director (Sections 8.81.080 and 8.81.090). Similarly, Urban Lot Splits would be subject to review and ministerial approval of a Parcel Map by the City Engineer (Section 9.54.080).Senate Bill 9 is complicated legislation and still being interpreted throughout the State. Future amendments and interpretations of the law are likely which could result in the need to modify Chapters 8.81 and 9.54. Additional amendments to these chapters may also be necessary as Staff implements SB 9 and these Ordinances.Master Fee Schedule AmendmentThe California Constitution authorizes local governments to recover the reasonable costs of providing services. SB 9 Unit Developments would be subject to a Zoning Clearance to review the proposal for consistency with the proposed new Chapter 8.81 and all other applicable objective standards within the Zoning Ordinance. The actual cost for Staff to review a “Zoning Clearance for SB 9 Unit Development” application would vary significantly depending on the scope of work. Therefore, Staff recommends establishing an application fee based on actual time and materials to recover the City’s full costs.A draft Resolution amending the Master Fee Schedule to establish an application fee for a Zoning Clearance for SB 9 Unit Development is included as Attachment 3.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed 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. Amendments to the Zoning Ordinance are proposed to ensure consistency with State law and implementation of SB 9.
ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. To facilitate local jurisdictions in implementing SB 9, the legislature included an exemption from CEQA for any local ordinance that is adopted to implement the new law. Staff is recommending that the project be found statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code.
PLANNING COMMISSION REVIEW:
414
Page 6 of 6
On February 22, 2022, the Planning Commission held a public hearing to consider the proposed amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) and unanimously adopted Resolution No. 22-03 (Attachment 4), recommending City Council approval.
STRATEGIC PLAN INITIATIVE:Strategy 3: Create More Affordable Housing Opportunities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times on March 5, 2022, and March 10, 2022, and posted at several locations throughout the City. Additionally, the City Council Agenda and the Staff Report for this public hearing was also made available on the City’s website.
ATTACHMENTS:1) Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide2) Redlines of Proposed Dublin Municipal Code Amendments3) Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments4) Planning Commission Resolution No. 22-03
415
Attachment 1
ORDINANCE NO. XX-22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE TITLES 8 (ZONING)
AND 9 (SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9 EFFECTIVE CITYWIDE
PLPA-2021-00050
WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance
to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains
current with federal and state law, internally consistent, simple to understand and
implement, and relevant to changes occurring in the community; and
WHEREAS,on September 16, 2021, Governor Newson signed into law Senate
Bill (SB) 9, which among other things, added Government Code Sections 65852.21 and
66411.7 and amended Government Code Section 66452.6, allowing additional housing
units on properties within single-family residential zoning districts; and
WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting
City ordinance; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides
ministerial approval of: 1) no more than two housing units on a lot within a single-family
residential zoning district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design,
development, and subdivision standards for up to two housing units and urban lot splits;
and
WHEREAS,the proposed amendments to the Dublin Municipal Code implement
the requirements of SB 9 and add local regulations that are within the scope of the State
law; and
WHEREAS,the Planning Commission held a duly noticed public hearing on
February 22, 2022, during which all interested persons were heard, and adopted
Resolution No. 22-03 recommending City Council adoption of the proposed Amendments
to Dublin Municipal Code Titles 8 and 9; and
WHEREAS,a Staff Report was submitted to the Dublin City Council
recommending approval of the proposed Amendments to Dublin Municipal Code Titles 8
and 9; and
WHEREAS,the City Council held a public hearing on the proposed Zoning
Ordinance Amendments on March 15, 2022, at which time all interested parties had the
opportunity to be heard; and
416
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 18
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 ordain as follows:
Section 1.Consistency with Local Plans. 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 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. Specifically, amendments to
the Zoning Ordinance are proposed to ensure consistency with State law and
implementation of SB 9.
Section 2.CEQA. The California Environmental Quality Act (CEQA), together
with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that
certain projects be reviewed for environmental impacts and that environmental
documents be prepared. The City Council hereby finds that the proposed amendments
are statutorily exempt from the requirements of CEQA pursuant to Division 13
(commencing with §21000) of the Public Resources Code.
Section 3.Amendments. Thirty days following the adoption of the Ordinance,
the Dublin Municipal Code is amended as follows:
Section 8.08.020 (Definitions (A-Z)) of Title 8 of the Dublin Municipal Code is
amended to add the following definitions in alphabetical order:
SB 9 Unit.The term SB 9 Unit shall mean a dwelling unit that is developed using the
provisions in Chapter 8.81, and the provisions identified in California Government Code
Sections 65852.21 or 66411.7.
SB 9 Unit Development.The term SB 9 Unit Development shall mean a housing
development as defined in California Government Code Section 65852.21.
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of
the Dublin Municipal Code is amended to add the following row to the existing Residential
Use Type table:
RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
SB 9 Unit
Developments -ZC ---------
417
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 18
Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations,
and Performance Standards) of Title 8 of the Dublin Municipal Code is amended to add
the following subsection:
K.SB 9 Unit Developments.For SB 9 Unit Developments, see Chapter 8.81.
The remainder of Section 8.20.030 to be re-lettered accordingly.
Subsection A of Section 8.36.020 (Agricultural and Residential Development
Regulations) of Title 8 of the Dublin Municipal Code is amended to revise the tables as
follows and to add additional footnotes:
STANDARD A R-1 R-2 R-M
LOT AREA
Interior lot 100 acres 4,000 sq. ft. (5)8,000 sq. ft.5,000 sq. ft.
Corner lot 100 acres 5,000 sq. ft. (5)9,000 sq. ft.6,000 sq. ft.
LOT SQUARE
FOOTAGE PER
DU
NA 4,000 sq. ft.
and larger as
consistent with
General Plan
(5)
4,000 sq. ft.
and larger as
consistent with
General Plan
750 sq. ft. and
larger as
consistent with
General Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet (5)80 feet 50 feet
Corner lot 300 feet 60 feet (5)90 feet 60 feet
LOT DEPTH NA 100 feet (5)100 feet 100 feet
RESIDENTIAL
USE (maximum
per lot)
1 du (4)1 du (4)(5)2 du (4)1 du per full 750
sq. ft. (and larger
as consistent with
General Plan) (4)
SETBACKS
Front 50 feet 20 ft. avg. 18 ft
minimum to
garage (1)
20 ft. avg. 18 ft.
minimum
20 ft.
Side 30 feet (2)(5)10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet (5)20 feet 30 feet
(1)Living spaces may encroach to 15 ft. from Front Lot Line with Site Development
Review on lots up to 6,000 square feet in size.
418
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 18
(2)Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one
foot for each full 10 feet by which lot width exceeds minimum lot width up to a
maximum of 10 feet.
(3)Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot
Side Yard on one side.
(4)See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable
number of ADUs.
(5) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified
SB 9 Unit Developments.
STANDARD A R-1 R-2 R-M
DISTANCE BETWEEN
RESIDENCES
100 feet 10 feet (4)20 feet 20 feet
MAXIMUM LOT
COVERAGE
NA 40% 1 story,
35% 2
stories (4)
40% 1 story,
35% 2 stories
40% 1 story,
35% 2 stories
COMMON USEABLE
OUTDOOR SPACE
NA NA NA 30% of net site
area
ACCESSORY STORAGE -
MULTIFAMILY (1)
NA NA 200 cubic feet
minimum per
unit
200 cubic feet
minimum per
unit
HEIGHT LIMITS (2)(2)(2)(3)
(1)Multifamily accessory storage shall be provided for each unit in a multifamily
project that has a private, enclosed garage attached or assigned to the unit. In
addition to the R-2 and R-M Zoning Districts, multifamily accessory storage shall
also be provided in comparable PD (Planned Development) Zoning Districts and
the Downtown Dublin Zoning District. See also Chapter 8.08 (Definitions).
(2)West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2
stories pursuant to a Site Development Review approval by the Zoning
Administrator. East of Dougherty Road; 35 feet and 2 stories.
(3)35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot
coverage does not exceed 35%.
(4) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified
SB 9 Unit Developments.
Subsection B (Residential Use Types) of Section 8.76.080 (Parking Requirements
by Use Type) of Title 8 of the Dublin Municipal Code is amended to add the following use
type and number of parking spaces required to the existing table as follows, with
residential use types listed alphabetically:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
SB 9 Unit Developments See Section 8.81.080 relating to SB 9 Unit parking.
419
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 18
Title 8 of the Dublin Municipal Code is amended to add Chapter 8.81 (SB 9 Unit
Developments) as follows:
8.81.010 Purpose.
The purpose of this Chapter is to implement Government Code Section 65852.21 by:
A. Establishing objective standards for qualified SB 9 Unit Developments;
B. Regulating the development of new residential housing units in a manner that is
compatible with existing single-family residential uses; and
C. Ensuring sound standards of public health and safety.
8.81.020 Definitions.
For the purposes of this Chapter, the following definitions apply:
A.Primary Dwelling Unit.The term Primary Dwelling Unit shall mean an existing
single-family residence on a parcel constructed prior to the approval of an SB 9
Unit.
B.Sufficient for Separate Conveyance.The term Sufficient for Separate
Conveyance shall mean that an SB 9 Unit Development is constructed in a manner
adequate to allow for the transfer of title, ownership, rights, and interests in the
property, from one entity to another.
8.81.030 Applicability.
The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within
the R-1 (Single-Family Residential) zoning district or any Planned Development District
where Single-Family Residential uses are allowed. This Chapter shall not apply in the
following situations:
A. Projects located on lots that are included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site
that is designated or listed as a city or county landmark or historic property or
district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section
65913.4(a)(6)(B)-(K), as may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
420
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 18
2. Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the
last three years.
D. Projects located on lots which an owner of residential real property has exercised
the owner’s rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the California Government Code to withdraw
accommodations from rent or lease within the last 15 years.
E. Projects involving the demolition of more than 25 percent of the existing exterior
structural walls, unless the site has not been occupied by a rental tenant within any
time in the last three years.
8.81.040 Maximum Number of Units.
A. Urban Lot Split.For SB 9 Units on parcels where an Urban Lot Split is proposed
or approved, under the provisions specified in Chapter 9.54 and Government Code
Section 66411.17, the following shall apply:
1.Vacant Lot.A maximum of two SB 9 Units on a vacant lot created by an
Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling
Unit shall be permitted.
2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot created
by an Urban Lot Split, a maximum of one of the following units may be
added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior
Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be permitted in accordance with Chapter 8.80, except
that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be
permitted with the development of a SB 9 Unit on the same lot. No more
than two units of any kind may be constructed or maintained on a lot created
by an Urban Lot Split. If there are two existing units of any kind on a lot
created by an Urban Lot Split, no additional units of any kind shall be
permitted on that lot.
B. All Other Lots.For parcels where an Urban Lot Split is not proposed or approved,
the following shall apply:
1.Vacant Lot.A maximum of two SB 9 Units are allowed per lot.
2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot, a
maximum of one SB 9 Unit is allowed per lot.
3.Accessory Dwelling Units and Junior Accessory Dwelling Units.
Accessory Dwelling Units and Junior Accessory Dwelling Units shall be
421
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 7 of 18
permitted in accordance with Chapter 8.80, provided that there are no more
than four units in total.
8.81.050 Intent to Occupy.
The applicant for a SB 9 Unit shall sign an affidavit, on a form approved by the City, stating
that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their
principal residence for a minimum of three years from the issuance of a Certificate of
Occupancy for the SB 9 Unit.
8.81.060 Affordability Requirement.
A minimum of one unit in an SB 9 Unit Development shall be deed restricted as affordable
to moderate income households based on the most recent Alameda County Area Median
Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory
Dwelling Units shall not be used to satisfy this requirement. Affordable units created by
this Chapter are subject to the following subsections of the Inclusionary Zoning
Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing
Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). This
requirement shall be considered satisfied if previously addressed through a related Urban
Lot Split in accordance with affordability requirements of Dublin Municipal Code Chapter
9.54.
8.81.070 Standards.
A. General.
1.By Right Provision.The objective standards set forth in this section shall
not physically preclude a maximum of two units, comprised of any
combination of SB 9 Units and Primary Dwelling Unit, per parcel and shall
not physically preclude each of those units from being at least 800 square
feet in area. If the objective standards would physically preclude two 800
square foot units, the City will provide relief from one or more of the objective
standards set forth in this section to accommodate two 800 square foot
units. The City shall determine the extent of relief necessary.
2.Zoning.Except as modified by this Chapter, SB 9 Units shall comply with
all objective standards of the Dublin Municipal Code including the
requirements for the applicable zoning district where the property is located,
provided that such regulations do not conflict with standards set forth by
Government Code Sections 65852.21.
B. Balconies/Decks.Balconies and decks shall not be located on an elevation
directly facing a side lot line. Allowed balconies shall be located a minimum of 10
feet the rear property lines. Rooftop terraces/rooftop decks are not permitted.
C. Building Facades and Materials.
422
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 8 of 18
1.Street-Facing Elevations.
a.Shall provide volumetric elements with a minimum projection
of two feet beyond the plane of the façade with use of window
bays, building recesses, or porches with columns.
b.Shall be designed with a minimum four-foot landscaping zone
adjacent to their foundation or porch face.
2. A minimum of three exterior building colors shall be used on the front
facades.
3. Attached units shall provide a minimum two-foot offset at the shared wall.
4. Transitions for both material and color shall be located at interior corners
5. Facades that use stucco as the primary material shall be combined with a
secondary wall material.
6. T-111 and similar plywood siding, corrugated and standing seam metal,
vinyl and plastic siding, and foam and stucco trim façade materials shall be
prohibited.
7. Fire-resistant alternatives such as, fiber cement siding, is permitted as a
substitution for traditional materials such as wood shake, horizontal siding,
or board and batten paneling.
D. Building Height.
1.Within Setbacks.The maximum height of an SB 9 Unit, or any portion
thereof, located within the setbacks established for the zoning district where
the lot is located shall not exceed 16 feet.
2.Outside of Setbacks.The maximum height of an SB 9 Unit located outside
of the setbacks established for the zoning district where the lot is located
shall conform to the height requirements of the zoning district.
E. Building Separation.
1.Single-Story Structures.A minimum separation of 15 feet shall be
provided between the upper story and a single-story structure on an
adjacent property.
2.Multi-Story Structures. A minimum separation of 20 feet shall be provided
between the upper story and a multi-story structure on an adjacent property.
F. Building Setbacks.
423
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 9 of 18
1.Existing Structures.No setback shall be required for an existing legal
structure or a structure constructed in the same location and to the same
dimensions as an existing legal structure.
2.Front Yard.The minimum front yard setback shall conform to the
requirements of the zoning district where the lot is located.
3.Street Side Yard.The minimum street side yard setback shall be 10 feet.
4.Interior Side and Rear Yard.The minimum interior side and rear yard
setback shall be four feet.
G. Fenestration.Windows and glazing areas shall comply with the following:
1. Tinted windows and colored glazing are prohibited.
2. Plastic glazing shall be prohibited for windows and skylights.
3. Functional and decorative shutters shall maintain the same dimensions as
the associated glazing. Functional and decorative shutters shall be half the
width of the associated window glazing (for paired shutters), or matching
width for a single shutter.
4. Window materials, color, and style shall be consistent on all elevations.
5. Window trim, sills, and shutters shall be differentiated with accent materials
or colors that vary from the adjacent building wall surfaces.
6. Windows shall be recessed at least two inches from surrounding exterior
wall to the window glass surface or windows shall provide built-up sills and
trim, at a minimum one-half inch thick, to create surface relief and texture.
7. Simulated mullions shall be allowed only when mullions are located on both
the inside and outside faces of the glazing.
H. Floor Area.The floor area of the upper stories shall be limited to 40 percent of the
floor area of the first floor.
I. Garages.
1. Front or side-entry attached garages are permitted and shall meet the
dimensional requirements specified in Chapter 8.76.
2. An attached, front-entry garage shall be set back at least four feet behind
the front plane of the structure to which it is attached.
3. Garage doors located in stucco walls shall be recessed a minimum of three
inches from the surrounding building wall.
424
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 10 of 18
4. Garage doors located in masonry, wood clad, or similar siding, shall provide
surrounding trim with a minimum width of three inches.
J. Impervious Area.Front and side yard setbacks shall be limited to a total of 40
percent impervious coverage.
K. Lighting. The following information for proposed exterior lighting fixtures shall be
provided:
1. Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating.
2. Lighting locations indicated on building and/or site plans.
3. Mounting heights.
4. Exterior light fixtures shall be shielded from view off the site.
L. Lot Coverage.The Lot Coverage for any combination of SB 9 Units and Primary
Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed
by the residential zoning district where the lot is located, except as required to meet
the By Right Provisions of this Chapter.
M. Mechanical Equipment.Mechanical and utility equipment shall be concealed
from view from the public right-of-way. With the objective of fully screening the
equipment, ground-mounted equipment shall be screened by a combination of
walls or fencing and landscaped plant material up to a maximum height of four
feet.
N. Parking. Parking shall conform to the Off-Street Parking and Loading Regulations
(Chapter 8.76) except as modified by this Chapter.
1. A minimum of one off-street parking space shall be provided per unit, except
if the parcel is located within:
a.One-half mile walking distance of either a high-quality transit
corridor, as defined in Public Resources Code Section 21155
or a major transit stop, as defined in the Public Resource
Code Section 21064.3. The transit frequency shall be based
on the schedule posted by the transit agency when the City
issues the first “completeness” letter for the respective
application for a SB 9 Unit Development; or
b.One block of a car share vehicle.
2. Parking spaces shall not be located within the minimum side and rear yard
setbacks. Parking spaces within an enclosed structure are encouraged.
425
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 11 of 18
O. Refuse Containers.Refuse containers or areas shall not be located within private
driveways or be visible from the public right-of-way.
P. Rental Restrictions.Rental of any SB 9 Units or Primary Dwelling Unit shall not
be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a
deed restriction, in a form approved by the City Attorney, shall be recorded setting
forth setting for this limitation, and that the deed restriction may be enforced
against future purchasers.
Q. Roof.
1. Roofs that result from alteration or addition to an existing main structure
shall match the existing slope, form, and materials of the main structure.
2. Roof material and color shall be consistent throughout the entirety of the
roof within each new or modified building. Except where its use is
documented on existing adjacent structures, non-dimensional three-tab
asphalt shingles, wood shake roofing, and corrugated metal, metal roll and
standing seam, and plastic roofing materials shall be prohibited.
3. Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a
substitution for traditional materials such as clay tile.
4. New structures shall provide a roof that has a minimum slope of 3:12. A
sloped roof shall be defined as a gable, hip, cross gable roof, or any
combination thereof. Mansard roofs shall be prohibited.
5. A minimum of 25 percent of the roof area shall be articulated with any
combination of hip, gable, or shed dormers.
6. Roofs shall have a minimum overhang of 12 inches.
7. The roof styles and materials of detached garages and carports shall match
the materials and detailing of main and accessory structures.
R. Separate Connections.
1. All attached or detached SB 9 Units shall have separate utility connections
and meters.
2. Any attached or detached Accessory Dwelling Unit that becomes
reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit
Development shall have separate utility connections and meters.
S. Separate Conveyance.SB 9 Units shall be designed for separate conveyance,
as defined in this Chapter, in accordance with applicable building and fire code
requirements.
426
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 12 of 18
T. Stairs.Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story
shall be fully enclosed within the interior of a unit. A staircase on the exterior of a
unit shall not be permitted.
U. Street Frontage.
1.Interior Lots.The front-entry of at least one unit shall be oriented to the
street.
2.Corner Lots. The front-entry of each unit shall be oriented to face a street,
and the front-entry of each unit shall not face the same street.
3.Connectivity.Street-facing entries shall be clearly identifiable and
connected to the street by a pedestrian path with a minimum width of five
feet.
4.Porch/Stoop.Street-facing entries shall provide either a porch or stoop that
is a minimum of seven feet wide and five feet deep. Unroofed porches or
stoops, with three open sides and not greater than six feet above the ground
level, may not project more than three feet in the front yard setback and
may not project more than two feet into the side yard setback.
8.81.080 Permitting Procedure.
In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit
Development shall comply with this Chapter and shall be subject to a ministerial Zoning
Clearance to be reviewed and approved by the Community Development Director, without
public hearings or discretionary review, in accordance with Chapter 8.116.
8.81.090 Action.
A. In any case, and notwithstanding the requirements of this Title, an application for
an SB 9 Unit Development shall be ministerially reviewed and approved in
accordance with this Chapter, and shall not be subject to any hearings or
discretionary review.
B. Notwithstanding subsection A above, an application for an SB 9 Unit Development
may be denied if the Chief Building Official, upon making written findings to the
Community Development Director based on the preponderance of the evidence,
finds the project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and
safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the
Dublin Municipal Code is amended to add the following subsection:
427
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 13 of 18
K.SB 9 Unit Developments. Projects that are eligible for ministerial approval
pursuant to the provisions of Chapter 8.81, SB 9 Unit Developments.
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the
Dublin Municipal Code is amended to add the following subsection:
K.SB 9 Unit Developments.Projects that are requesting approval of an SB 9 Unit
Development that meet the standards specified in Chapter 8.81.
Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is amended
to add the following subsection:
K.SB 9 Unit Developments.If the Zoning Clearance is for an SB 9 Unit
Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit
Development” application form provided by the Community Development
Department with such information requested on said form.
Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is amended
to add the following subsection:
K.SB 9 Unit Developments.SB 9 Unit Developments shall be reviewed for
consistency with Chapter 8.81, Government Code Sections 65852.21, and all other
applicable objective standards in the Dublin Municipal Code. The Zoning
Clearance approval for an SB 9 Unit Development shall be a completed “Zoning
Clearance for SB 9 Unit Development” application form and any pertinent
attachments as required on the form with the date and signature of the Community
Development Director or his/her designee.
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin
Municipal Code is amended to add the following subsection:
K.SB 9 Unit Developments.A Zoning Clearance issued in conjunction with a
Building Permit for an SB 9 Unit Development shall expire when the Building
Permit expires. If a Building Permit Application for an SB 9 Unit Development is
not filed within a year of the Zoning Clearance approval, the Zoning Clearance
shall become null and void.
Section 9.04.090 (Definitions) of Title 9 of the Dublin Municipal Code is amended
to add the following definitions in alphabetical order:
“Flag Lot” means a lot as defined in Chapter 8.08.
“Primary Dwelling Unit” means a unit as defined in Chapter 8.81.
“SB 9 Unit” means a unit as defined in Chapter 8.81.
“Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary
dwelling Unit, and an SB 9 Unit.
428
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 14 of 18
“Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel
into two parcels using the provisions in Chapter 9.54 and the provisions identified in
California Government Code Section 66411.7.
Chapter 9.08 (Tentative Tract and Tentative Parcel Maps) of Title 9 of the Dublin
Municipal Code is amended to add the following Section:
9.08.015 Exemptions.
A tentative map is not required for an Urban Lot Split proposed under the provisions of
Government Code Section 66411.7.
Title 9 of the Dublin Municipal Code is amended to add Chapter 9.54 (Urban Lot
Splits) as follows:
9.54.010 Authority and purpose.
The purpose of this chapter is to implement Government Code Section 66411.7 by:
A. Establishing objective standards and regulations to govern the review and
approval of Urban Lot Splits, which are qualified Senate Bill 9 properties in single-
family residential zones;
B. Establishing a ministerial process to approve an Urban Lot Split in accordance
with Government Code Section 66411.7;
C. Promoting the development of small ownership or rental housing units designed
to meet the housing needs of individuals and families, particularly those of low
and moderate incomes; and
D. Ensuring sound standards of public health and safety.
9.54.020 Applicability.
The provisions of this Chapter shall apply within the R-1 (Single-Family Residential)
zoning district or any Planned Development District where Single-Family Residential uses
are allowed. This Chapter shall not apply in the following situations:
A. Projects located on lots that are included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site
that is designated or listed as a city or county landmark or historic property or
district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section
65913.4(a)(6)(B)-(K), as may be amended.
C. Projects involving the demolition or alteration of any of the following:
429
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 15 of 18
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
2. Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the
last three years.
D. Projects located on lots which an owner of residential real property has exercised
the owner’s rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the California Government Code to withdraw
accommodations from rent or lease within the last 15 years.
E. Any parcel previously subdivided through prior exercise of an Urban Lot Split as
provided for under this Chapter.
F. Any parcel proposing to be subdivided that is adjacent to another parcel where
either the owner of the parcel proposing to be subdivided or any person acting in
concert with said owner has previously subdivided that adjacent parcel using the
provisions in this Chapter. For the purposes of this section, “any person acting in
concert” with the owners includes, but is not limited to, an individual or entity
operating on behalf of, acting jointly with, or in partnership or another form of
cooperative relationship with, the property owner.
9.54.030 Application.
A parcel map application shall be required for all proposed Urban Lot Splits.
9.54.040 Form.
The form of the parcel map associated with an Urban Lot Split shall conform to the
requirements of the Subdivision Map Act and Chapter 9.24 of this Title.
9.54.050 Filing and processing.
A. The parcel map shall be filed with the City Engineer for his or her examination for
conformance to this Title 9 and the Subdivision Map Act.
B. Notwithstanding any other requirement under this Title 9, the City shall ministerially
review and approve applications for an Urban Lot Split, without public hearings or
discretionary review, subject only to the requirements of this Chapter.
9.54.060 Standards.
A. An Urban Lot Split shall result in no more than two parcels.
430
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 16 of 18
B. Parcels shall not be smaller than 40 percent of the lot area of the original parcel.
C. Each parcel shall have a minimum net area of 1,200 square feet.
D. The side property line of all lots, so far as possible, shall be at right angles to the
street which the lot faces, or approximately radial to the center of curvature, if such
street is curved. Side property lines of lots shall be approximately radial to the
center of curvature of a cul-de-sac on which the lot faces.
E. Parcels shall have a minimum width of 30 feet.
F. Parcels shall have a minimum depth of 40 feet.
G. Flag Lots.
1. A flag lot shall be allowed with an Urban Lot Split in a situation where a
conventional lot would not allow for a second lot of at least 1,200 square
feet.
2. The portion of the flag lot constituting the access corridor shall be excluded
when determining compliance with minimum lot size requirement of this
Chapter, from the site area, lot coverage, lot width, and lot depth as defined
in Chapter 8.08.
3. The maximum width of the access corridor of the flag lot shall be 20 feet,
except where greater width is required for fire department access.
4. Any fence constructed between the access corridor of a flag lot and the
adjacent parcel shall not exceed 48 inches within the front yard of the
adjacent property.
H. Each parcel shall provide for direct vehicular access to and have a minimum
frontage of 30 feet on the public right-of-way, except for flag lots, where the
frontage shall be the width needed to meet access standards as specified in this
Chapter.
I. Public utility, service and/or access easements shall be provided within the
subdivision where required for public utility purposes, in accordance with Title 9.
J. Notwithstanding the requirements of this Chapter or the Zoning Ordinance,
dedications of rights-of-way or the construction of offsite improvements for the
parcels being created shall not be required.
K.Improvements Required.The following improvements shall be required of all
Urban Lot Splits. The design and layout of such improvements shall conform to the
generally acceptable engineering standards and to such objective standards as
431
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 17 of 18
approved by the City Engineer that are in effect at the time of the parcel map
application submittal.
1.Sanitary Sewers.Each unit or lot within the Urban Lot Split shall be served
by a community sewer collection system as required, unless an individual
system is permitted.
2.Water Supply. Each unit or lot within the Urban Lot Split shall be served by
an approved domestic water system.
3.Utilities.Each unit or lot within the Urban Lot Split shall be served by gas
(if required), electric, telephone, and cable television facilities. All new
utilities within the Urban Lot Split shall be placed underground except those
facilities exempted by the Public Utilities Commission Regulations and as
otherwise provided in this Title.
4.Storm Drainage.Storm water runoff from the Urban Lot Split shall be
collected and conveyed by an approved storm drain system consistent with
City standards.
L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on
a form approved by the City, stating that the applicant intends to occupy the
Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum
of three years from the date of the approval of the subdivision. This requirement
shall not apply if the applicant is a community land trust or a qualified nonprofit
corporation as provided in Sections 402.1 and 214.15 of the California Revenue
and Taxation Code.
M. The parcel map created pursuant to an Urban Lot Split shall contain a note on the
map, and respective deed restrictions shall be recorded with the Alameda County
Recorder’s Office, indicating that parcels resulting from the Urban Lot Split were
created using the provision of this Chapter and Government Code Section
66411.7, and that no further subdivision of the parcels is permitted.
N. The proposed Urban Lot Split shall comply with all other applicable objective
requirements of the Subdivision Ordinance and the Subdivision Map Act
(Government Code Section 66410 et seq.) except as otherwise provided for in this
Chapter. In the event of a conflict between the requirements of this Chapter and
the requirements contained elsewhere in this Municipal Code, the provisions of
this Chapter shall apply to the review and approval of Urban Lot Splits created
hereunder.
9.54.070 Affordability requirement.
At minimum of one unit on the lots created by an Urban Lot Split shall be deed restricted
as affordable to moderate income households based on the most recent Alameda County
Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior
Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units
432
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 18 of 18
created by this Chapter are subject to the following subsections of the Inclusionary Zoning
Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing
Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). Prior to
recordation of a parcel map for an Urban Lot Split, a deed restriction stipulating this
requirement to the satisfaction of the City, shall be recorded with the Alameda County
Recorder’s Office.
9.54.080 Action.
Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter
9.24.
Section 4.Effective Date.This Ordinance shall take effect and be enforced
thirty (30) days following its final adoption.
Section 5.Posting.The City Clerk of the City of Dublin shall cause this
Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
433
Attachment 2
CHAPTER 8.08
DEFINITIONS
8.08.020 Definitions (A-Z)
SB 9 Unit.The term SB 9 Unit shall mean a dwelling unit that is developed using the
provisions in Chapter 8.81, and the provisions identified in California Government Code
Sections 65852.21 or 66411.7.
SB 9 Unit Development.The term SB 9 Unit Development shall mean a housing
development as defined in California Government Code Section 65852.21.
CHAPTER 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
8.12.050 Permitted and Conditionally Permitted Land Uses
RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
SB 9 Unit
Developments -ZC ---------
CHAPTER 8.20
RESIDENTIAL ZONING DISTRICTS
8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
K. SB 9 Unit Developments.For SB 9 Unit Developments, see Chapter 8.81.
CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.020(A) Agricultural and Residential Development Regulations
STANDARD A R-1 R-2 R-M
LOT AREA
Interior lot 100 acres 4,000 sq. ft. (5)8,000 sq. ft.5,000 sq. ft.
434
Page 2 of 14
STANDARD A R-1 R-2 R-M
Corner lot 100 acres 5,000 sq. ft. (5)9,000 sq. ft.6,000 sq. ft.
LOT SQUARE
FOOTAGE PER
DU
NA 4,000 sq. ft.
and larger as
consistent with
General Plan
(5)
4,000 sq. ft.
and larger as
consistent with
General Plan
750 sq. ft. and
larger as
consistent with
General Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet (5)80 feet 50 feet
Corner lot 300 feet 60 feet (5)90 feet 60 feet
LOT DEPTH NA 100 feet (5)100 feet 100 feet
RESIDENTIAL
USE (maximum
per lot)
1 du (4)1 du (4)(5)2 du (4)1 du per full 750
sq. ft. (and larger
as consistent with
General Plan) (4)
SETBACKS
Front 50 feet 20 ft. avg. 18 ft
minimum to
garage (1)
20 ft. avg. 18 ft.
minimum
20 ft.
Side 30 feet (2)(5)10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet (5)20 feet 30 feet
(1)Living spaces may encroach to 15 ft. from Front Lot Line with Site Development
Review on lots up to 6,000 square feet in size.
(2)Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one
foot for each full 10 feet by which lot width exceeds minimum lot width up to a
maximum of 10 feet.
(3)Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot
Side Yard on one side.
(4)See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable
number of ADUs.
(5)See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified
SB 9 Unit Developments.
STANDARD A R-1 R-2 R-M
DISTANCE BETWEEN
RESIDENCES
100 feet 10 feet (4)20 feet 20 feet
435
Page 3 of 14
STANDARD A R-1 R-2 R-M
MAXIMUM LOT
COVERAGE
NA 40% 1 story,
35% 2
stories (4)
40% 1 story,
35% 2 stories
40% 1 story,
35% 2 stories
COMMON USEABLE
OUTDOOR SPACE
NA NA NA 30% of net site
area
ACCESSORY STORAGE -
MULTIFAMILY (1)
NA NA 200 cubic feet
minimum per
unit
200 cubic feet
minimum per
unit
HEIGHT LIMITS (2)(2)(2)(3)
(1) Multifamily accessory storage shall be provided for each unit in a multifamily
project that has a private, enclosed garage attached or assigned to the unit. In
addition to the R-2 and R-M Zoning Districts, multifamily accessory storage shall
also be provided in comparable PD (Planned Development) Zoning Districts and
the Downtown Dublin Zoning District. See also Chapter 8.08 (Definitions).
(2)West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2
stories pursuant to a Site Development Review approval by the Zoning
Administrator. East of Dougherty Road; 35 feet and 2 stories.
(3)35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot
coverage does not exceed 35%.
(4)See Chapter 8.81, SB 9 Unit Developments, regarding standards for qualified SB
9 Unit Developments.
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
8.76.080 Parking Requirements by Use Type.
B. Residential Use Types.Residential Use Types shall provide off-street parking
spaces as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
SB 9 Unit Developments See Section 8.81.080 relating to SB 9 Unit parking.
CHAPTER 8.81
SB 9 UNIT DEVELOPMENTS
8.81.010 Purpose.
The purpose of this Chapter is to implement Government Code Section 65852.21 by:
436
Page 4 of 14
A. Establishing objective standards for qualified SB 9 Unit Developments;
B. Regulating the development of new residential housing units in a manner that is
compatible with existing single-family residential uses; and
C. Ensuring sound standards of public health and safety.
8.81.020 Definitions.
For the purposes of this Chapter, the following definitions apply:
A. Primary Dwelling Unit.The term Primary Dwelling Unit shall mean an existing
single-family residence on a parcel constructed prior to the approval of an SB 9
Unit.
B. Sufficient for Separate Conveyance.The term Sufficient for Separate
Conveyance shall mean that an SB 9 Unit Development is constructed in a manner
adequate to allow for the transfer of title, ownership, rights, and interests in the
property, from one entity to another.
8.81.030 Applicability.
The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within
the R-1 (Single-Family Residential) zoning district or any Planned Development District
where Single-Family Residential uses are allowed. This Chapter shall not apply in the
following situations:
A. Projects located on lots that are included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site
that is designated or listed as a city or county landmark or historic property or
district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section
65913.4(a)(6)(B)-(K), as may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
2. Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the
last three years.
D. Projects located on lots which an owner of residential real property has exercised
the owner’s rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the California Government Code to withdraw
accommodations from rent or lease within the last 15 years.
E. Projects involving the demolition of more than 25 percent of the existing exterior
structural walls, unless the site has not been occupied by a rental tenant within any
time in the last three years.
8.81.040 Maximum Number of Units.
437
Page 5 of 14
A. Urban Lot Split.For SB 9 Units on parcels where an Urban Lot Split is proposed
or approved, under the provisions specified in Chapter 9.54 and Government Code
Section 66411.17, the following shall apply:
1.Vacant Lot.A maximum of two SB 9 Units on a vacant lot created by an
Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling
Unit shall be permitted.
2.Developed Lot. If there is an existing Primary Dwelling Unit on a lot created
by an Urban Lot Split, a maximum of one of the following units may be
added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior
Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory
Dwelling Unit shall be permitted in accordance with Chapter 8.80, except
that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be
permitted with the development of a SB 9 Unit on the same lot. No more
than two units of any kind may be constructed or maintained on a lot created
by an Urban Lot Split. If there are two existing units of any kind on a lot
created by an Urban Lot Split, no additional units of any kind shall be
permitted on that lot.
B. All Other Lots.For parcels where an Urban Lot Split is not proposed or approved,
the following shall apply:
1.Vacant Lot.A maximum of two SB 9 Units are allowed per lot.
2.Developed Lot. If there is an existing Primary Dwelling Unit on a lot, a
maximum of one SB 9 Unit is allowed per lot.
3.Accessory Dwelling Units and Junior Accessory Dwelling Units.
Accessory Dwelling Units and Junior Accessory Dwelling Units shall be
permitted in accordance with Chapter 8.80, provided that there are no more
than four units in total.
8.81.050 Intent to Occupy.
The applicant for a SB 9 Unit shall sign an affidavit, on a form approved by the City, stating
that the applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their
principal residence for a minimum of three years from the issuance of a Certificate of
Occupancy for the SB 9 Unit.
8.81.060 Affordability Requirement.
A minimum of one unit in an SB 9 Unit Development shall be deed restricted as affordable
to moderate income households based on the most recent Alameda County Area Median
Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior Accessory
Dwelling Units shall not be used to satisfy this requirement. Affordable units created by
this Chapter are subject to the following subsections of the Inclusionary Zoning
Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing
Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). This
requirement shall be considered satisfied if previously addressed through a related Urban
Lot Split in accordance with affordability requirements of Dublin Municipal Code Chapter
9.54.
438
Page 6 of 14
8.81.070 Standards.
A. General.
1. By Right Provision.The objective standards set forth in this section shall
not physically preclude a maximum of two units, comprised of any
combination of SB 9 Units and Primary Dwelling Unit, per parcel and shall
not physically preclude each of those units from being at least 800 square
feet in area. If the objective standards would physically preclude two 800
square foot units, the City will provide relief from one or more of the objective
standards set forth in this section to accommodate two 800 square foot
units. The City shall determine the extent of relief necessary.
2. Zoning.Except as modified by this Chapter, SB 9 Units shall comply with
all objective standards of the Dublin Municipal Code including the
requirements for the applicable zoning district where the property is located,
provided that such regulations do not conflict with standards set forth by
Government Code Sections 65852.21.
B. Balconies/Decks.Balconies and decks shall not be located on an elevation
directly facing a side lot line. Allowed balconies shall be located a minimum of 10
feet the rear property lines. Rooftop terraces/rooftop decks are not permitted.
C. Building Facades and Materials.
1. Street-Facing Elevations.
a.Shall provide volumetric elements with a minimum projection
of two feet beyond the plane of the façade with use of window
bays, building recesses, or porches with columns.
b.Shall be designed with a minimum four-foot landscaping zone
adjacent to their foundation or porch face.
2.A minimum of three exterior building colors shall be used on the front
facades.
3.Attached units shall provide a minimum two-foot offset at the shared wall.
4.Transitions for both material and color shall be located at interior corners.
5.Facades that use stucco as the primary material shall be combined with a
secondary wall material.
6.T-111 and similar plywood siding, corrugated and standing seam metal,
vinyl and plastic siding, and foam and stucco trim façade materials shall be
prohibited.
7.Fire-resistant alternatives such as, fiber cement siding, is permitted as a
substitution for traditional materials such as wood shake, horizontal siding,
or board and batten paneling.
D. Building Height.
1. Within Setbacks.The maximum height of an SB 9 Unit, or any portion
thereof, located within the setbacks established for the zoning district where
the lot is located shall not exceed 16 feet.
2. Outside of Setbacks.The maximum height of an SB 9 Unit located outside
of the setbacks established for the zoning district where the lot is located
shall conform to the height requirements of the zoning district.
E. Building Separation.
439
Page 7 of 14
1. Single-Story Structures.A minimum separation of 15 feet shall be
provided between the upper story and a single-story structure on an
adjacent property.
2. Multi-Story Structures. A minimum separation of 20 feet shall be provided
between the upper story and a multi-story structure on an adjacent property.
F. Building Setbacks.
1. Existing Structures.No setback shall be required for an existing legal
structure or a structure constructed in the same location and to the same
dimensions as an existing legal structure.
2. Front Yard.The minimum front yard setback shall conform to the
requirements of the zoning district where the lot is located.
3. Street Side Yard.The minimum street side yard setback shall be 10 feet.
4. Interior Side and Rear Yard.The minimum interior side and rear yard
setback shall be four feet.
G. Fenestration.Windows and glazing areas shall comply with the following:
1.Tinted windows and colored glazing are prohibited.
2.Plastic glazing shall be prohibited for windows and skylights.
3.Functional and decorative shutters shall maintain the same dimensions as
the associated glazing. Functional and decorative shutters shall be half the
width of the associated window glazing (for paired shutters), or matching
width for a single shutter.
4.Window materials, color, and style shall be consistent on all elevations.
5.Window trim, sills, and shutters shall be differentiated with accent materials
or colors that vary from the adjacent building wall surfaces.
6.Windows shall be recessed at least two inches from surrounding exterior
wall to the window glass surface or windows shall provide built-up sills and
trim, at a minimum one-half inch thick, to create surface relief and texture.
7.Simulated mullions shall be allowed only when mullions are located on both
the inside and outside faces of the glazing.
H. Floor Area.The floor area of the upper stories shall be limited to 40 percent of the
floor area of the first floor.
I. Garages.
1.Front or side-entry attached garages are permitted and shall meet the
dimensional requirements specified in Chapter 8.76.
2.An attached, front-entry garage shall be set back at least four feet behind
the front plane of the structure to which it is attached.
3.Garage doors located in stucco walls shall be recessed a minimum of three
inches from the surrounding building wall.
4.Garage doors located in masonry, wood clad, or similar siding, shall provide
surrounding trim with a minimum width of three inches.
J. Impervious Area.Front and side yard setbacks shall be limited to a total of 40
percent impervious coverage.
K. Lighting.The following information for proposed exterior lighting fixtures shall be
provided:
1.Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating.
2.Lighting locations indicated on building and/or site plans.
440
Page 8 of 14
3.Mounting heights.
4.Exterior light fixtures shall be shielded from view off the site.
L. Lot Coverage.The Lot Coverage for any combination of SB 9 Units and Primary
Dwelling Unit shall be cumulatively limited to the maximum lot coverage allowed
by the residential zoning district where the lot is located, except as required to meet
the By Right Provisions of this Chapter.
M. Mechanical Equipment.Mechanical and utility equipment shall be concealed
from view from the public right-of-way. With the objective of fully screening the
equipment, ground-mounted equipment shall be screened by a combination of
walls or fencing and landscaped plant material up to a maximum height of four
feet.
N. Parking.Parking shall conform to the Off-Street Parking and Loading Regulations
(Chapter 8.76) except as modified by this Chapter.
1.A minimum of one off-street parking space shall be provided per unit, except
if the parcel is located within:
a.One-half mile walking distance of either a high-quality transit
corridor, as defined in Public Resources Code Section 21155
or a major transit stop, as defined in the Public Resource
Code Section 21064.3. The transit frequency shall be based
on the schedule posted by the transit agency when the City
issues the first “completeness” letter for the respective
application for a SB 9 Unit Development; or
b.One block of a car share vehicle.
2.Parking spaces shall not be located within the minimum side and rear yard
setbacks. Parking spaces within an enclosed structure are encouraged.
O. Refuse Containers.Refuse containers or areas shall not be located within private
driveways or be visible from the public right-of-way.
P. Rental Restrictions.Rental of any SB 9 Units or Primary Dwelling Unit shall not
be less than for 30 consecutive days. Prior to the construction of an SB 9 Unit, a
deed restriction, in a form approved by the City Attorney, shall be recorded setting
forth setting for this limitation, and that the deed restriction may be enforced
against future purchasers.
Q. Roof.
1.Roofs that result from alteration or addition to an existing main structure
shall match the existing slope, form, and materials of the main structure.
2.Roof material and color shall be consistent throughout the entirety of the
roof within each new or modified building. Except where its use is
documented on existing adjacent structures, non-dimensional three-tab
asphalt shingles, wood shake roofing, and corrugated metal, metal roll and
standing seam, and plastic roofing materials shall be prohibited.
3.Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a
substitution for traditional materials such as clay tile.
4.New structures shall provide a roof that has a minimum slope of 3:12. A
sloped roof shall be defined as a gable, hip, cross gable roof, or any
combination thereof. Mansard roofs shall be prohibited.
441
Page 9 of 14
5.A minimum of 25 percent of the roof area shall be articulated with any
combination of hip, gable, or shed dormers.
6.Roofs shall have a minimum overhang of 12 inches.
7.The roof styles and materials of detached garages and carports shall match
the materials and detailing of main and accessory structures.
R. Separate Connections.
1.All attached or detached SB 9 Units shall have separate utility connections
and meters.
2.Any attached or detached Accessory Dwelling Unit that becomes
reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit
Development shall have separate utility connections and meters.
S. Separate Conveyance.SB 9 Units shall be designed for separate conveyance,
as defined in this Chapter, in accordance with applicable building and fire code
requirements.
T. Stairs.Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story
shall be fully enclosed within the interior of a unit. A staircase on the exterior of a
unit shall not be permitted.
U. Street Frontage.
1. Interior Lots.The front-entry of at least one unit shall be oriented to the
street.
2. Corner Lots.The front-entry of each unit shall be oriented to face a street,
and the front-entry of each unit shall not face the same street.
3. Connectivity.Street-facing entries shall be clearly identifiable and
connected to the street by a pedestrian path with a minimum width of five
feet.
4. Porch/Stoop.Street-facing entries shall provide either a porch or stoop that
is a minimum of seven feet wide and five feet deep. Unroofed porches or
stoops, with three open sides and not greater than six feet above the ground
level, may not project more than three feet in the front yard setback and
may not project more than two feet into the side yard setback.
8.81.080 Permitting Procedure.
In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit
Development shall comply with this Chapter and shall be subject to a ministerial Zoning
Clearance to be reviewed and approved by the Community Development Director, without
public hearings or discretionary review, in accordance with Chapter 8.116.
8.81.090 Action.
A. In any case, and notwithstanding the requirements of this Title, an application for
an SB 9 Unit Development shall be ministerially reviewed and approved in
accordance with this Chapter, and shall not be subject to any hearings or
discretionary review.
B. Notwithstanding subsection A above, an application for an SB 9 Unit Development
may be denied if the Chief Building Official, upon making written findings to the
Community Development Director based on the preponderance of the evidence,
442
Page 10 of 14
finds the project would have a specific, adverse impact, as defined and determined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and
safety or the physical environment and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact.
CHAPTER 8.104
SITE DEVELOPMENT REVIEW
8.104.020 Exemptions from Site Development Review.
K. SB 9 Unit Developments.Projects that are eligible for ministerial approval
pursuant to the provisions of Chapter 8.81, SB 9 Unit Developments.
CHAPTER 8.116
ZONING CLEARANCE
8.116.020 Applications Requiring a Zoning Clearance.
K. SB 9 Unit Developments.Projects that are requesting approval of an SB 9 Unit
Development that meet the standards specified in Chapter 8.81.
8.116.030 Application.
K. SB 9 Unit Developments.If the Zoning Clearance is for an SB 9 Unit
Development, the Applicant shall submit a “Zoning Clearance for SB 9 Unit
Development” application form provided by the Community Development
Department with such information requested on said form.
8.116.040 Approval.
K. SB 9 Unit Developments.SB 9 Unit Developments shall be reviewed for
consistency with Chapter 8.81, Government Code Sections 65852.21, and all other
applicable objective standards in the Dublin Municipal Code. The Zoning
Clearance approval for an SB 9 Unit Development shall be a completed “Zoning
Clearance for SB 9 Unit Development” application form and any pertinent
attachments as required on the form with the date and signature of the Community
Development Director or his/her designee.
8.116.050 Expiration of Zoning Clearance.
K. SB 9 Unit Developments.A Zoning Clearance issued in conjunction with a
Building Permit for an SB 9 Unit Development shall expire when the Building
Permit expires. If a Building Permit Application for an SB 9 Unit Development is
443
Page 11 of 14
not filed within a year of the Zoning Clearance approval, the Zoning Clearance
shall become null and void.
CHAPTER 9.04
GENERAL PROVISIONS
9.04.090 Definitions.
“Flag Lot” means a lot as defined in Chapter 8.08.
“Primary Dwelling Unit” means a unit as defined in Chapter 8.81.
“SB 9 Unit” means a unit as defined in Chapter 8.81.
“Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary
dwelling Unit, and an SB 9 Unit.
“Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel
into two parcels using the provisions in Chapter 9.54 and the provisions identified in
California Government Code Section 66411.7.
CHAPTER 9.08
TENTATIVE TRACT AND TENTATIVE PARCEL MAPS
9.08.015 Exemptions.
A tentative map is not required for an Urban Lot Split proposed under the provisions of
Government Code Section 66411.7.
CHAPTER 9.54
URBAN LOT SPLITS
9.54.010 Authority and purpose.
The purpose of this chapter is to implement Government Code Section 66411.7 by:
A. Establishing objective standards and regulations to govern the review and
approval of Urban Lot Splits, which are qualified Senate Bill 9 properties in single-
family residential zones;
B. Establishing a ministerial process to approve an Urban Lot Split in accordance
with Government Code Section 66411.7;
C. Promoting the development of small ownership or rental housing units designed
to meet the housing needs of individuals and families, particularly those of low
and moderate incomes; and
D. Ensuring sound standards of public health and safety.
444
Page 12 of 14
9.54.020 Applicability.
The provisions of this Chapter shall apply within the R-1 (Single-Family Residential)
zoning district or any Planned Development District where Single-Family Residential uses
are allowed. This Chapter shall not apply in the following situations:
A. Projects located on lots that are included on the State Historic Resources
Inventory, as defined in Public Resources Code Section 5020.1, or within a site
that is designated or listed as a city or county landmark or historic property or
district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section
65913.4(a)(6)(B)-(K), as may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
2. Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the
last three years.
D. Projects located on lots which an owner of residential real property has exercised
the owner’s rights under Chapter 12.75 (commencing with Section 7060) of
Division 7 of Title 1 of the California Government Code to withdraw
accommodations from rent or lease within the last 15 years.
E. Any parcel previously subdivided through prior exercise of an Urban Lot Split as
provided for under this Chapter.
F. Any parcel proposing to be subdivided that is adjacent to another parcel where
either the owner of the parcel proposing to be subdivided or any person acting in
concert with said owner has previously subdivided that adjacent parcel using the
provisions in this Chapter. For the purposes of this section, “any person acting in
concert” with the owners includes, but is not limited to, an individual or entity
operating on behalf of, acting jointly with, or in partnership or another form of
cooperative relationship with, the property owner.
9.54.030 Application.
A parcel map application shall be required for all proposed Urban Lot Splits.
9.54.040 Form.
The form of the parcel map associated with an Urban Lot Split shall conform to the
requirements of the Subdivision Map Act and Chapter 9.24 of this Title.
9.54.050 Filing and processing.
A. The parcel map shall be filed with the City Engineer for his or her examination for
conformance to this Title 9 and the Subdivision Map Act.
445
Page 13 of 14
B. Notwithstanding any other requirement under this Title 9, the City shall ministerially
review and approve applications for an Urban Lot Split, without public hearings or
discretionary review, subject only to the requirements of this Chapter.
9.54.060 Standards.
A. An Urban Lot Split shall result in no more than two parcels.
B. Parcels shall not be smaller than 40 percent of the lot area of the original parcel.
C. Each parcel shall have a minimum net area of 1,200 square feet.
D. The side property line of all lots, so far as possible, shall be at right angles to the
street which the lot faces, or approximately radial to the center of curvature, if such
street is curved. Side property lines of lots shall be approximately radial to the
center of curvature of a cul-de-sac on which the lot faces.
E. Parcels shall have a minimum width of 30 feet.
F. Parcels shall have a minimum depth of 40 feet.
G. Flag Lots.
1. A flag lot shall be allowed with an Urban Lot Split in a situation where a
conventional lot would not allow for a second lot of at least 1,200 square
feet.
2. The portion of the flag lot constituting the access corridor shall be excluded
when determining compliance with minimum lot size requirement of this
Chapter, from the site area, lot coverage, lot width, and lot depth as defined
in Chapter 8.08.
3. The maximum width of the access corridor of the flag lot shall be 20 feet,
except where greater width is required for fire department access.
4. Any fence constructed between the access corridor of a flag lot and the
adjacent parcel shall not exceed 48 inches within the front yard of the
adjacent property.
H. Each parcel shall provide for direct vehicular access to and have a minimum
frontage of 30 feet on the public right-of-way, except for flag lots, where the
frontage shall be the width needed to meet access standards as specified in this
Chapter.
I. Public utility, service and/or access easements shall be provided within the
subdivision where required for public utility purposes, in accordance with Title 9.
J. Notwithstanding the requirements of this Chapter or the Zoning Ordinance,
dedications of rights-of-way or the construction of offsite improvements for the
parcels being created shall not be required.
K.Improvements Required.The following improvements shall be required of all
Urban Lot Splits. The design and layout of such improvements shall conform to the
generally acceptable engineering standards and to such objective standards as
approved by the City Engineer that are in effect at the time of the parcel map
application submittal.
1.Sanitary Sewers.Each unit or lot within the Urban Lot Split shall be served
by a community sewer collection system as required, unless an individual
system is permitted.
2.Water Supply. Each unit or lot within the Urban Lot Split shall be served by
an approved domestic water system.
446
Page 14 of 14
3.Utilities.Each unit or lot within the Urban Lot Split shall be served by gas
(if required), electric, telephone, and cable television facilities. All new
utilities within the Urban Lot Split shall be placed underground except those
facilities exempted by the Public Utilities Commission Regulations and as
otherwise provided in this Title.
4.Storm Drainage.Storm water runoff from the Urban Lot Split shall be
collected and conveyed by an approved storm drain system consistent with
City standards.
L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on
a form approved by the City, stating that the applicant intends to occupy the
Primary Dwelling Unit or an SB 9 Unit as their principal residence for a minimum
of three years from the date of the approval of the subdivision. This requirement
shall not apply if the applicant is a community land trust or a qualified nonprofit
corporation as provided in Sections 402.1 and 214.15 of the California Revenue
and Taxation Code.
M. The parcel map created pursuant to an Urban Lot Split shall contain a note on the
map, and respective deed restrictions shall be recorded with the Alameda County
Recorder’s Office, indicating that parcels resulting from the Urban Lot Split were
created using the provision of this Chapter and Government Code Section
66411.7, and that no further subdivision of the parcels is permitted.
N. The proposed Urban Lot Split shall comply with all other applicable objective
requirements of the Subdivision Ordinance and the Subdivision Map Act
(Government Code Section 66410 et seq.) except as otherwise provided for in this
Chapter. In the event of a conflict between the requirements of this Chapter and
the requirements contained elsewhere in this Municipal Code, the provisions of
this Chapter shall apply to the review and approval of Urban Lot Splits created
hereunder.
9.54.070 Affordability requirement.
At minimum of one unit on the lots created by an Urban Lot Split shall be deed restricted
as affordable to moderate income households based on the most recent Alameda County
Area Median Income (AMI) levels. Any permitted Accessory Dwelling Units or Junior
Accessory Dwelling Units shall not be used to satisfy this requirement. Affordable units
created by this Chapter are subject to the following subsections of the Inclusionary Zoning
Regulations (Chapter 8.68): Definitions (8.68.020), General Procedures for Implementing
Inclusionary Zoning Requirements (8.68.050), and Enforcement (8.68.100). Prior to
recordation of a parcel map for an Urban Lot Split, a deed restriction stipulating this
requirement to the satisfaction of the City, shall be recorded with the Alameda County
Recorder’s Office.
9.54.080 Action.
Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter
9.24.
447
Attachment 3
RESOLUTION NO. XX-22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE MASTER FEE SCHEDULE BY ESTABLISHING ONE NEW APPLICATION
FEE, BASED ON TIME AND MATERIALS, FOR ZONING CLEARANCES FOR SB 9 UNIT
DEVELOPMENTS
WHEREAS,the California Constitution authorizes local governments to recover the
reasonable costs of providing services; and
WHEREAS,the City processes various permits, applications, and licenses; and
WHEREAS,on June 15, 2021, the Dublin City Council adopted Resolution No. 80-21,
adopting an annual update to the Master Fee Schedule for services provided to the City, effective
July 1, 2021; and
WHEREAS,on September 16, 2021, Governor Newson signed into law Senate Bill (SB)
9, which among other things, added Government Code Section 65852.21, allowing additional
housing units on properties within single-family residential zoning districts; and
WHEREAS,SB 9 was aimed at addressing the State’s housing shortage and high housing
costs; and
WHEREAS, SB 9 went into effect January 1, 2022, and in response, the City of Dublin
prepared the proposed Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9
(Subdivisions) to implement SB 9; and
WHEREAS,SB 9 Unit Developments are subject to a Zoning Clearance in accordance
with Title 8 of the Dublin Municipal Code as amended; and
WHEREAS,pursuant to California Environmental Quality Act (CEQA) and CEQA
Guidelines Section 15378(b)(4), revising fees is not a project and, therefore, is exempt from the
requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Dublin City Council adopts amendments to the
Master Fee Schedule by adding the following:
Section 6.1: Planning Division
#Item / Service Description / Unit Fee
576 Zoning Clearance – SB 9 Unit
Developments
Per application T&M
448
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 15th day of March 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
449
RESOLUTION NO. 22-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN MUNICIPAL
CODE TITLES 8 (ZONING) AND 9 (SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9
EFFECTIVE CITYWIDE
PLPA-2021-00050
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to clarify,
add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal
and state law, internally consistent, simple to understand and implement, and relevant to changes
occurring in the community; and
WHEREAS, on September 16, 2021, Governor Newson signed into law Senate Bill (SB)
9, which among other things, added Government Code Sections 65852.21 and 66411.7 and
amended Government Code Section 66452.6, allowing additional housing units on properties
within single-family residential zoning districts; and
WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting City
ordinance; and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial
approval of: 1) no more than two housing units on a lot within a single-family residential zoning
district; and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS, the proposed amendments to the Dublin Municipal Code implement the
requirements of SB 9 and add local regulations that are within the scope of the State law; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared; and
WHEREAS, Staff recommends that the proposed amendments be found exempt from the
CEQA pursuant to Government Code Sections 65852.21(j) and 66411.7(n), which state that the
adoption of an ordinance to implement SB 9 is not a project under Division 13 (commencing with
Section 21000) of the Public Resources Code; and
WHEREAS, the Planning Commission held a duly noticed public hearing on
February 22, 2022, during which all interested persons were heard.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby
recommend that the City Council find the ordinance exempt from CEQA pursuant to Government
Code Sections 65852.21(j) and 66411.7(n) and adopt the Ordinance, approving amendments to
450
Reso. No. 22-03, Item 6.1, Adopted 02/22/22 Page 2 of 2
Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions), attached hereto as Exhibit A and
incorporated herein by reference.
PASSED, APPROVED AND ADOPTED this 22nd day of February 2022 by the following
vote:
AYES: Benson, Grier, Thalblum, Tyler, Wright
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
451
Senate Bill 9 Amendments to the
Zoning and Subdivision
Ordinances
City Council
March 15, 2022
452
Background –SB 9
•Went into effect on January 1, 2022
•Applies to single-family zoning and has two
major components:
–Right to develop more than one home on a lot
–Right to subdivide a lot into two
453
Terminology
•“SB 9 Unit” is used to describe a unit created by
exercising rights provided under SB 9
•“SB 9 Unit Development” is used to describe a
housing development
•“Urban Lot Split” is used to describe subdivision
of existing single-family parcel into two lots
454
Qualifying Criteria
•New units/subdivisions must meet certain
criteria. For example:
–Cannot be in “environmentally sensitive area”
–Cannot result in demolition or alteration of
protected units
–No prior Urban Lot Split
–Owner-occupancy affidavit
455
Objective Standards &
Ministerial Approval
•Only impose objective zoning, subdivision, and
design standards
–Cannot physically preclude construction of up to
two units of at least 800 square feet each, per
property
•Must approve qualifying projects ministerially
–No CEQA; no public hearing
456
Proposed Amendments
•New Chapters
–Chapter 8.81 (SB 9 Unit Developments)
–Chapter 9.54 (Urban Lot Splits)
•Other Amendments
–Zoning Ordinance Chapters: 8.08, 8.12, 8.20, 8.36,
8.76, 8.104, and 8.116
–Subdivision Ordinance Chapters: 9.04 and 9.08
457
Number of Units
Unit Type
Pre-SB 9:
Number of Units
Allowed Per Lot
PDU 1
ADU 1
JADU 1
SB 9 Unit -
Max.3
458
Number of Units
Unit Type
Pre-SB 9:
Number of Units
Allowed Per Lot
Post SB 9: Number of Units Allowed Per Lot
No Urban Lot Split
Vacant
Lot Developed Lot
PDU 1 -1
ADU 1 1 1
JADU 1 1 1
SB 9 Unit -2 1
Max.3 4 4
459
Number of Units
Unit Type
Pre-SB 9:
Number of Units
Allowed Per Lot
Post SB 9: Number of Units Allowed Per Lot
No Urban Lot Split Urban Lot Split
Vacant
Lot Developed Lot
Vacant
Lot Developed Lot
PDU 1 -1 -1
ADU 1 1 1 0 1*
JADU 1 1 1 0 1*
SB 9 Unit -2 1 2 1*
Max.3 4 4 2 2
* Urban Lot Split parcel developed with PDU would be limited to one additional unit, for total of two
units on the respective lot. Additional unit can be SB 9 Unit, ADU, or JADU
460
Affordability & Owner Occupancy
•At least one unit to be deed restricted as
affordable to moderate income households
•Applicant is required to sign an affidavit,
indicating intent to occupy for a minimum of
three years
461
Design and Development Standards
•Proposed standards are intended to:
–Respect characteristics of existing single-family
homes
–Regulate building material and color, roof forms,
second-story massing, lot configuration and frontage
462
Permitting
•SB 9 Unit Developments
–Zoning Clearance approved by the Community
Development Director
•Urban Lot Splits
–Parcel Map approved by the City Engineer
463
Planning Commission Review
•On February 22, 2022, the Planning
Commission considered the proposed
amendments and recommended approval to the
City Council
464
Master Fee Schedule Amendments
•City can recover reasonable costs of providing
services
•Staff recommends establishing an application fee
based on actual time and materials to recover the
City’s full costs
465
Recommendation
•Waive the reading and introduce the Ordinance
approving amendments to the Zoning and
Subdivision Ordinances
•Adopt the Resolution amending the Master Fee
Schedule by establishing an application fee for
Zoning Clearances for SB 9 Unit Developments
466
467