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
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
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
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
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
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
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
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
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
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
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
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
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 (Zoni ng) 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
T erminology
• “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
STAFF REPORT
CITY COUNCIL
Agenda Item 7.1
DATE: March 15, 2022
TO: City Council
FROM: Linda Smith, City Manager
SUBJECT: Housing Element Update Check-In
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:
The City Council will receive a status report on the Housing Element Update for the 2023-2031 planning period, including a presentation on the updated Preliminary Sites Analysis, policy framework, and project schedule. Staff is seeking feedback from the City Council on policy direction about the Preliminary Sites Inventory. Following the meeting, Staff will finalize the sites inventory and incorporate it into the draft Housing Element.
STAFF RECOMMENDATION:
Receive presentation and provide feedback on: 1) the distribution of Regional Housing Needs Allocation (RHNA) units on the additional sites; 2) the selection of sites identified in Downtown Dublin; and 3) holding Downtown RHNA units outside of the Downtown Dublin Specific Plan Development Pool.
FINANCIAL IMPACT:
In July 2020, the City Council approved a consulting services agreement between the City and Kimley-Horn to assist Staff with preparation of the Housing Element Update. Kimley-Horn’s contract amount is $403,000. The cost to prepare the Housing Element Update will be offset in part by grants totaling $401,436, including $55,000 from an approved Senate Bill 2 Planning Grant, $300,000 from the Local Early Action Planning (LEAP) Grant Program, and $46,436 from the Regional Early Action Planning (REAP) Grant Program. The City’s Fiscal Year 2021-22 Budget sufficiently covers the remaining cost.
468
DESCRIPTION:
Background
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law, enacted in 1969, mandates that local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community. The community’s housing need is determined through the Regional Housing Needs Allocation (RHNA) process.
The City’s current Housing Element covers the period of 2014 – 2022. The Housing Element must be updated and certified by the California Department of Housing and Community Development (HCD) by January 2023 for the 2023-2031 planning period.
On December 16, 2021, the Association of Bay Area Governments (ABAG) Executive Board adopted the Final Regional Housing Needs Allocation Plan: San Francisco Bay Area, 2023-2031, which is the final step in ABAG's RHNA process. The plan allocates 3,719 housing units to the City of Dublin. Table 1 shows the City’s final RHNA by household income category for the 2023 – 2031 planning period.
Table 1. Dublin’s 2023-2031 Regional Housing Needs Allocation Very-Low- Low- Moderate-
Above-
Moderate- Total
Final Allocation 1,085 625 560 1,449 3,719
Preliminary Sites Inventory
The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the RHNA.
Staff prepared a Preliminary Sites Inventory to accommodate the Draft RHNA of 3,719 units. This inventory prioritizes pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA before looking to rezone additional sites. Table 2 below details how the proposed components of the Preliminary Sites Inventory would accommodate the City’s RHNA and identifies the “remaining need” for sites to accommodate 644 lower-income units. Refer to the City Council Staff Report dated November 2, 2021, for a complete discussion of the Preliminary Sites Inventory (Attachment 1).
469
Table 2. Dublin’s Remaining Need
Very-Low-
and Low- Moderate-
Above-
Moderate- Total
Allocation 1,710 560 1,449 3,719
Pipeline Projects (394) (202) (2,127) (2,723)
Accessory Dwelling Units (149) (82) (17) (248)
5th Cycle Sites - (252) - (252)
Public/Semi-Public Sites (134) - - (134)
Downtown Dublin (389) (24) - (413)
Remaining Need 644 - (695)
On November 2, 2021, the City Council conducted a Study Session on the Housing Element Update and RHNA, with focus on the Preliminary Sites Inventory. The City Council directed staff to disperse, rather than concentrate in the Downtown, lower-income housing sites throughout Dublin and prioritized the Alameda County Surplus Properties and the Hacienda Crossings shopping center as sites to accommodate the remaining need.
In addition, the City Council directed that on sites identified to meet the remaining need, 50% of the units should be affordable to lower-income households and 50% to above-moderate income households. This approach attempts to address potential consequences under the “No Net Loss” law (Government Code § 65863). Among other things, “No Net Loss” requires a jurisdiction, if it approves a project on a site included in the Sites Inventory with fewer than the number of lower- income units identified in the inventory, to identify additional sites to continue to accommodate the RHNA by income level. If the actual development of a site identified in the Sites Inventory includes all or some portion of market rate units, the City will be required to identify new sites, within 180 days of the project approval, to accommodate the lower-income units that were included on the sites in the inventory.
Additional Sites
Based on the direction from the City Council, Staff prepared a Preliminary Sites Inventory that prioritizes the Alameda County Surplus Properties and the Hacienda Crossings shopping center to accommodate the remaining need. Staff prepared three options for consideration as illustrated in Table 3 and further discussed below. Option A addresses the City Council direction to prioritize the Alameda County Surplus Properties by assigning more units to this property; Option B splits the Remaining Need equally between the two sites; and Option C allocates some of the units to the future affordable housing site identified in the recently adopted Preferred Plan for the SCS Property. Each option includes lower-income and above moderate-income units on the County Property and Hacienda Crossings, but only includes the lower-income units on the SCS Property that were identified in the Preferred Plan. All the remaining need in the “lower-income” category requires sites to allow “at least 30 units per acre.” To satisfy the remaining need, the City will be required to amend the General Plan and/or rezone the sites to accommodate these units. 470
Table 3: Options toDistribute Remaining Need
Very-
Low-
and
Low- Moderate-
Above-
Moderate- Total
Option A Alameda County Surplus Property 441 0 441 882
Hacienda Crossings 203 0 203 406
Total: 644 0 644 1,288
Option B Alameda County Surplus Property 322 0 322 644
Hacienda Crossings 322 0 322 644
Total: 644 0 644 1,288
Option C Alameda County Surplus Property 250 0 250 500
Hacienda Crossings 244 0 244 488
SCS Property 150 0 0 150
Total: 644 0 494 1,138
Alameda County Surplus Properties: The General Plan land use designation of Site D-2 (northern portion) and Site E-2 in the Transit Center is Campus Office and has Planned Development Zoning. The 13.35 acres are located north of the Dublin/Pleasanton BART station and are currently undeveloped. Staff preliminarily envisions the property could be developed to allow a density of 66 units per acre, which is the average residential density within the Transit Center.
Hacienda Crossings: The General Plan land use designation for the Hacienda Crossings shopping center, located southeast of Dublin Boulevard and Hacienda Drive, is General Commercial and has Planned Development Zoning. Staff preliminarily envisions a mixed- use development with a minimum density of 48 units per acre, similar to the Waterford Place Shopping Center and Apartments. Based on meetings with the property owner, Staff recommends including those units on the two large parcels located at the northeast corner of the shopping center, as it could be accommodated on the parking lots and maintain the existing development.
SCS Property: On February 15, 2022, the City Council approved the Preferred Plan for the SCS Property, which is the vacant 76.9-acre property located north of I-580 between Tassajara Road and Brannigan Street and extending to the north of Gleason Drive. The Preferred Plan includes a 2.5-acre Public/Semi Public site for affordable housing that contemplates between 70 and 150 units.
Refer to Attachment 2 for a map of the Preliminary Sites Inventory.
Downtown Sites
As shown in Table 2 above, 413 lower income units (389 very-low- and low-income, and 24 moderate-income) are identified in Downtown Dublin. These units were identified in the current Housing Element to accommodate the RHNA and would be reused in the Housing Element Update.
Non-vacant sites that were identified in a prior Housing Element may not be counted towards RHNA unless: (a) the sites are zoned to allow up to 30 dwelling units per acre (they are); and (b) 471
the Housing Element requires the sites be rezoned “to allow residential use by right for housing developments in which at least 20% of the units are affordable to lower-income households.” A “use by right” is one in which the use does not require “a conditional use permit, planned unit development permit, or other discretionary local government review or approval,” such as the Community Benefit Agreement, although it specifically allows for design review.
In order to reuse these units in the Housing Element Update, the City must identify actual parcels to accommodate the units. Staff identified four properties in Downtown Dublin to accommodate these lower-income units. These properties are shown in orange in Attachment 2. The four properties include: 1) the former Grocery Outlet property where the City entered into a Memorandum of Understanding to allow 80 affordable dwelling units; 2) the site with a vacant building at the southwest corner of Amador Valley and Amador Plaza Road; 3) a portion of the site where Hobby Lobby is located; and 4) the site of the former Willow Tree restaurant located at 6513 Regional Street.
A cornerstone of the Downtown Dublin Specific Plan is the Residential Development Pool whereby a Community Benefit Agreement is required to pull units from the pool. However, qualifying development on these sites must be “by right” and would not be subject to a Community Benefit Agreement, thus, the City would not achieve additional benefits by allocating these units from the existing pool. Therefore, Staff recommends adding these units to the Downtown Dublin Specific Plan outside of the Development Pool. The addition of these units outside of the Development Pool would support the Downtown Dublin Preferred Vision, which contemplates the additional units to support that vision.
Housing Element Programs
Each jurisdiction must identify specific programs in its Housing Element that will allow it to implement the stated policies and achieve the stated goals and objectives. Programs must include specific action steps the locality will take to implement its policies and achieve its goals and objectives. Programs must also include a specific timeframe for implementation, identify the responsible party for implementation, describe the jurisdiction’s specific role in implementation, and (whenever possible) identify specific, measurable outcomes.
Programs should reflect the results and analyses of the jurisdiction’s local housing needs, available land and financial resources, and the mitigation of identified governmental and non-governmental constraints. For example, if the analysis identifies constraints related to local regulations, the Housing Element should identify specific programmatic actions to address that constraint.
To make adequate provision for the housing needs of people of all income levels, a jurisdiction must, at a minimum, identify programs that do all of the following:
Identify adequate sites, with appropriate zoning and development standards and services to accommodate the locality’s share of the regional housing needs for each income level. Assist in the development of adequate housing to meet the needs of extremely-low-, very- low-, low-, and moderate-income households.
Conserve and improve the condition of the existing affordable housing stock. Preserve assisted housing developments at-risk of conversion to market-rate. 472
Promote equal housing opportunities for all people, regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
Additionally, there are a number of new program topics required with the 6th Cycle Housing Element including the following:
Affirmatively furthering fair housing.
Promotion of ADUs and Junior ADUs.
Objective Development Standards.
Senate Bill 35 streamlining.
Emergency shelters, transitional and supportive housing, and lower barrier navigation centers.
Housing for persons with developmental disabilities.
Farmworker and employee housing.
Funding and rental assistance programs.
Density Bonus; and removal of development constraints.
Staff is preparing the draft Housing Element to incorporate these programs as required by State law.
Public Outreach
The City is in the process of implementing outreach and engagement strategies with the community, stakeholders, and decision makers during the Housing Element Update process.
Notable outreach strategies since the November 2, 2021 City Council meeting include the following:
Survey. Between December 20, 2021, and February 28, 2022, the City conducted an online survey to receive community feedback that will help to create policies and programs that appropriately address the housing needs of current and future Dublin residents. The 10- question survey, available in English and Mandarin, focused on housing needs, desired housing locations, community assistance, fair housing, the vision for housing, and demographics. The City received 205 survey responses. Most respondents believe affordable and senior housing are missing in Dublin and prefer housing be located near transportation hubs. For complete survey results, refer to Attachment 3. Workshops. The City also hosted two Housing Element Workshops via Zoom on January 19, 2022, and February 17, 2022. The workshops provided an overview of the Housing Element and RHNA, potential sites to include in the Sites Inventory, progress to date, required policy and program topics, as well as next steps. The workshops also included an interactive component using an online tool called “Mentimeter,” where the attendees provided feedback on their housing experience, housing challenges and opportunities, and their vision for housing in Dublin. Community members expressed a desire for more affordable and transitional/supportive housing, introducing residential uses to underperforming retail centers, and general support for the proposed sites to include in the sites inventory.
Concerns were also expressed about potential impacts on parks and about the referendum of the East Ranch project impacting the ability to bring more market rate and affordable housing to the community. Recordings of the workshops are available on the City's 473
YouTube channel and on the Housing Element Update webpage. Property Owner Meetings.Additionally, Staff hosted one-on-one meetings with property owners of the “Additional Sites” under consideration to be included in the Sites Inventory.
Both the representative for the Alameda County Surplus Land Authority and Hacienda Crossings shopping center are supportive of having their non-residential properties rezoned to accommodate the RHNA.
Project Schedule and Next Steps
Table 4 below summarizes the key dates in the Housing Element Update Process:
Table 4. Key Dates
Step / Task Date(s)
Public Review of Draft Housing Element April 7 – May 7, 2022 Planning Commission Review of Draft Housing Element April 26, 2022 City Council Approve Draft Housing Element and Submit to HCD for Review
May 17, 2022
Environmental Review June – November 2022
Revise Housing Element in Response to HCD’s Comments August – November 2022 Adopt Housing Element Update November 2022 - January 2023 ENVIRONMENTAL DETERMINATION:
The informational report on the Housing Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Create More Affordable Housing Opportunities.
Objective E: Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) City Council Staff Report, dated November 2, 2021, without attachments 2) Sites Inventory Map
3) Survey Results
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STAFF REPORT
CITY COUNCIL
Attachment 1
DATE: November 2, 2021
TO: City Council
SUBJECT: Status Report on the Housing Element Update, Regional Housing Needs Allocation, and Preliminary Sites Inventory
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:
The City Council will receive a status report on the Housing Element Update, Regional Housing Needs Allocation, and Preliminary Sites Inventory. Each California city and county must update its General Plan Housing Element every eight years to adequately plan to meet the existing and projected housing needs for all economic segments of the community. Dublin’s current Housing Element is for the 2014-2022 planning period. State law mandates updates to the Housing Element no later than January 2023 for the 2023-2031 planning period. Staff is seeking feedback from the City Council on policy direction about the Preliminary Sites Inventory. Following the meeting, Staff will finalize the sites inventory and incorporate it into the draft Housing Element for consideration by the City Council at a future public hearing.
STAFF RECOMMENDATION:
Receive the report and provide feedback on the Housing Element Update.
FINANCIAL IMPACT:
In July 2020, the City Council approved a consulting services agreement between the City and Kimley-Horn to assist Staff with preparation of the Housing Element Update. Kimley-Horn’s contract amount is $403,000. The City’s Fiscal Year 2021-22 Budget sufficiently covers this cost.
The cost to prepare the Housing Element Update will be offset by grants totaling $401,436, including $55,000 from an approved Senate Bill 2 Planning Grant, $300,000 from the Local Early Action Planning (LEAP) Grant Program, and $46,436 via the Regional Early Action Planning (REAP) Grant Program.
DESCRIPTION:
Background
Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law, enacted in 1969, mandates that 475
local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community. The community’s housing need is determined through the Regional Housing Needs Allocation (RHNA) process.
The City’s current Housing Element covers the period of 2014-2022. The Housing Element must be updated and then certified by the California Department of Housing and Community Development (HCD) by January 2023 for the 2023-2031 planning period.
Regional Housing Needs Allocation
The Association of Bay Area Governments (ABAG) is responsible for creating a methodology for distributing HCD’s Regional Housing Needs Determination (RHND) across the local jurisdictions in the nine-county Bay Area. Distribution of the RHND results in each jurisdiction’s RHNA, which is the number of housing units the jurisdiction must plan for in the next Housing Element update.
State law provides a series of statutory objectives that must be met in the RHNA methodology, including increasing affordability in an equitable manner, improving the balance between low- wage jobs and lower-income housing (jobs-housing fit), and addressing equity and fair housing.
The statute also requires “consistency” between the RHNA and regional plans, such as Plan Bay Area.
On June 10, 2020, HCD released the RHND for the Bay Area, which identified 441,176 units (2.35 times the 187,990 units required in the current RHNA cycle). Distribution of the RHND includes two key components: 1) allocation of the total regional housing need across local jurisdictions; and 2) allocation of those total shares by income categories (i.e., very-low-, low-, moderate-, and above-moderate-income).
On January 21, 2021, the ABAG Executive Board approved the Draft Regional Housing Needs Allocation (RHNA) Methodology and submitted the draft methodology to HCD for review. On April 12, 2021, HCD confirmed the Draft RHNA Methodology furthers the RHNA objectives.
On May 20, 2021, the ABAG Executive Board approved the Final Methodology and Draft Allocation, which assigns 3,719 units of housing to the City of Dublin. Table 1 shows the City’s Draft Allocation by household income category for the 2023 – 2031 planning period:
Table 1. Dublin’s 2023-2031 Draft Allocation
Very-Low- Low- Moderate- Above-
Moderate- Total
Draft Allocation 1,085 625 560 1,449 3,719
On July 9, 2021, the City filed an appeal of the Draft Allocation of 3,719 units based on direction of the City Council with emphasis on past performance and lack of suitable land, as well as the properties where the City does not have land-use authority. ABAG received appeals from 28 jurisdictions, including the City of Dublin. Based on the number of appeals filed, the ABAG Administrative Committee considered appeals on six dates in September and October 2021. The 476
City's appeal was heard by the ABAG Administrative Committee on September 24, 2021, and the Committee unanimously voted to preliminarily deny the City’s appeal.
ABAG is anticipated to ratify the final determination of each appeal and issue Final Allocations that include adjustments from successful appeals in November 2021. If the total number of successfully appealed units is lower than 7% of the RHND (30,882 units), then ABAG shall redistribute the units proportionately. If the number is higher than 7% of the RHND, then ABAG may develop its own methodology to redistribute the units. The ABAG Executive Board will then conduct a public hearing and adopt the Final RHNA Plan in December 2021.
Preliminary Sites Inventory
The Housing Element must include an inventory of specific sites or parcels that are available for residential development to meet the RHNA. Land suitable for residential development must be appropriate and available for residential use in the planning period. Characteristics to consider when evaluating the appropriateness of sites include physical features (e.g., susceptibility to flooding, slope instability or erosion, and environmental considerations) and location (proximity to transit, job centers, and public or community services). Land suitable for residential development includes vacant sites that are zoned for residential development, underutilized sites that are zoned for residential development and capable of being redeveloped at a higher density or with greater intensity, and vacant and underutilized sites that are not zoned for residential development, but can be redeveloped for, and/or rezoned for, residential use.
On October 6, 2020, the City Council received a report on the Housing Element Update and RHNA.
This included an overview of the framework for selecting sites to include in the Preliminary Sites Inventory. The City Council was generally supportive of evaluating the options presented by Staff and gave direction to include sites from the current Housing Element with by-right development rather than increase the minimum density as further discussed below.
Existing Sites
Staff prepared a Preliminary Sites Inventory to accommodate the Draft RHNA of 3,719 units. This inventory prioritizes pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA before looking to rezone additional sites. Refer to Attachment 1 for a map of existing sites. The following describes these components of the Preliminary Sites Inventory:
Pipeline Projects: Pipeline projects are those that are at any stage within the City’s entitlement process or under construction as of December 15, 2022, but that have not obtained a certificate of occupancy. An estimated 2,723 units are in the pipeline, including 266 very-low, 128 low, 202 moderate, and 2,127 above-moderate units. Staff made these estimates based upon approved entitlements, pending applications, and City Staff knowledge of forthcoming projects and inquiries with prospective applicants. It is noteworthy that the pipeline projects exceed the City’s allocated above-moderate-income units. Refer to Attachment 2 for a list of these projects. Accessory Dwelling Units: Staff anticipates that the Site Inventory will include 149 very low- , 82 low-, and 17 moderate-income accessory dwelling units (ADUs). HCD’s recent Housing Element certifications have allowed ADUs to be included in the Sites Inventory at a rate of 477
two times the average ADUs built annually from 2018 – 2021 and multiplied that by eight years to estimate ADU development for 2023 – 2031. Using this methodology, approximately 248 ADUs are included in the Preliminary Sites Inventory. ADU quantity and affordability level estimates are tentative based on recent Housing Element certifications.
In the Bay Area, the actuals are likely to be based on ABAG’s methodology in development for approval by HCD and use by local jurisdictions. ABAG’s methodology is anticipated to be similar to the methodology approved by HCD in other certifications, which is based upon market conditions for ADUs rented in the region. HCD may perform a review of ADU production (based on Annual Progress Reports) two years into this next planning period and jurisdictions may need to identify additional sites if the ADU projections are not being met. Unlike other units, the location of anticipated ADUs do not need to be mapped in the Preliminary Sites Inventory.
Existing Zoning:The City can take credit in the Preliminary Sites Inventory for existing zoning capacity as discussed below.
o 5th Cycle Moderate-Income Sites:Staff has identified eligible sites from the current Housing Element that can be included in the Site Inventory to accommodate 252 moderate-income units. State law limits a jurisdiction’s ability to re-use certain sites from the prior RHNA cycle. Those limits only apply to sites used to meet the lower- income categories. See below. A number of 5th Cycle Sites were designated as moderate or above-moderate-income sites, since they do not meet the minimum density of 30 dwelling units per acre required to count for lower-income categories.
These sites can accommodate 252 units.
o Public/Semi-Public Sites: Two Public/Semi-Public Sites in Eastern Dublin can accommodate 134 lower-income units. On June 15, 2021, the City Council adopted a General Plan and Eastern Dublin Specific Plan Amendment to change the land use designation of 2.5 acres of the GH PacVest and 2.0 acres of the East Ranch properties from Semi-Public to Public/Semi-Public. This amendment allows a broader range of uses, including the potential for affordable housing developed by a non-profit entity.
These sites can accommodate 134 lower-income units, as the allowed densities exceed 30 units per acre.
o Downtown Dublin Development Pool: Within the Downtown Dublin Specific Plan, 828 units remain in the Development Pool and, if the Housing Element meets certain requirements, the Sites Inventory for the lower-income categories may include 828 lower-income units in Downtown Dublin. Non-vacant sites that were identified in a prior Housing Element may not be counted towards RHNA unless: (a) the sites are zoned to allow up to 30 dwelling units per acre (they are) and (b) the Housing Element requires the sites be rezoned by 2026 “to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower-income households.” A “use by right” is one in which the use does not require “a conditional use permit, planned unit development permit, or other discretionary local government review or approval” that would be subject to CEQA review, although it specifically allows for design review. In October 2020, the City Council gave direction to prioritize reusing such sites rather than up-zoning other property.
These units in the Development Pool could be counted as lower-income units if the 478
City commits in the Housing Element to rezone the sites within 3 years to allow as a use by right housing developments in which at least 20% of the units are affordable to lower income households.
Table 2 below details how the various proposed components of the Preliminary Sites Inventory above would reduce the City’s RHNA and require that the inventory include a site or sites that could accommodate 247 lower-income units.
Table 2. Dublin’s Remaining Need
Very-Low-
and Low- Moderate- Above-
Moderate- Total
Draft Allocation 1,710 560 1,449 3,719
Pipeline Projects 394 202 2,127 2,723
Accessory Dwelling Units 149 82 17 248
5th Cycle Sites - 252 - 252
Public/Semi-Public Sites 134 - - 134
Downtown Dublin 786 42 - 828
Remaining Need 247 (18) (695) 247
To minimize the number of additional sites needed to accommodate the RHNA, Staff prepared an inventory scenario that assumes 100% of the units produced on the Public/Semi-Public sites and in Downtown Dublin would be affordable to lower-income households. This approach avoids the need to identify a significant number of additional sites that would need to be rezoned at densities of at least 30 units per acre.
On the other hand, this approach would create certain consequences under the “No Net Loss” law (Government Code § 65863) that are important considerations. Among other things, the “No Net Loss” requires a jurisdiction, if it approves a project on a site included in the Site Inventory with fewer than the number of lower-income units identified in the inventory, to identify additional sites to continue to accommodate the RHNA by income level. It is unlikely that 100% of the units actually produced on the Downtown Dublin sites would be affordable to lower-income households. The Public/Semi-Public Sites are likely to develop with affordable housing because the land use designation only allows residential uses if developed by “a non-profit entity and serves to meet affordable housing needs or the housing needs of an underserved economic segment of the community.”
Therefore, if the actual development of these Downtown Dublin sites includes all or some portion of market rate units, the City will be required to identify new sites – within 180 days of the project approval – to accommodate the lower-income units that were included on the sites in the inventory. Quickly completing such an identification may be a difficult undertaking.
The City could limit this consequence of the “No Net Loss” law by assuming that a lower percentage of the units would be affordable to lower-income households. However, such an 479
alternative approach would require the Housing Element to include an increased number of sites in the Sites Inventory and would increase the overall number of units planned in the community.
Given the significant policy implications of either approach, Staff believes it prudent for the City Council to consider both approaches. Tables 3 and 4 below illustrate two affordability scenarios for the units in the Downtown: 100% and 50% affordable. The 100% affordable scenario could accommodate all but 247 RHNA units using existing sites. Alternatively, the 50% scenario can accommodate all but 644 RHNA units using existing sites. Both scenarios show a surplus of above- moderate-income units, since the Pipeline Projects exceed the City’s allocated above-moderate- income units, and the 50% scenario assumes half the units in the Downtown are affordable and half are above-moderate-income units.
Table 3. Remaining Needwith Downtown 100% Affordable Scenario Very-Low-
and Low- Moderate- Above-
Moderate- Total
Downtown Dublin 786 42 - 828
Remaining Need 247 (18) (695) 247
Table 4. Remaining Needwith Downtown 50% Affordable Scenario Very-Low-
and Low- Moderate- Above-
Moderate- Total
Downtown Dublin 389 25 414 828
Remaining Need 644 (1) (1,109) 644
It should be noted that the 100% scenario (Table 3) clusters most of the lower-income RHNA units in the Downtown. This approach further assumes that all remaining units in the Downtown Development Pool (i.e., 828 units) would be lower-income units. These units would be in addition to the 839 already existing and planned lower-income units in the Downtown.
As an additional consideration, this Housing Element cycle includes for the first time an express requirement the Housing Element “affirmatively further fair housing.” Affirmatively furthering fair housing means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities.” These new statutory obligations charge all public agencies with broadly examining their existing and future policies, plans, programs, rules, practices, and related activities and make proactive changes to promote more inclusive communities. Concentrating affordable housing in the Downtown has benefits, such as promoting transit-oriented development, decreasing household transportation expenses, and decreasing greenhouse gas emissions; however, HCD and others may argue that concentrating affordable housing in one area is inconsistent with the obligation to affirmatively further fair housing. 480
Additional Sites
As discussed above, the City would have to include an additional 247 or 644 units in the Sites Inventory, depending on the level of affordability as illustrated in the two scenarios above (Tables 3 and 4). This section addresses the potential “additional sites” that could accommodate the remaining need.
All of the remaining need is in the “lower income” category, which requires sites allow “at least 30 units per acre.” To satisfy the additional remaining need, the City will need to amend the General Plan and/or rezone additional sites to accommodate these units. For each of these additional sites, Staff and the consultant assigned a potential density between 30 and 85 units per acre. The proposed densities are based on other similar existing sites/developments in Dublin. The assigned density for the additional sites could be adjusted based on direction from the City Council. Refer to Attachment 3 for a map of the additional sites.
Staff has identified the following properties that could accommodate the remaining units:
Development Pool Amendment:The City could amend the Downtown Dublin Specific Plan to increase the Downtown Development Pool. This action would be consistent with the Downtown Dublin Preferred Vision which contemplates the need for additional units to support the transition of Dublin Place and Dublin Plaza over the term of 30-50 years. Such changes could accommodate between 1,200 - 2,200 lower-income units. The City can maintain the Downtown Development Pool after the Housing Element Update. Alameda County Surplus Properties: The General Plan land use designation for the remaining 13.35-acre undeveloped sites at the Transit Center (Sites D-2 and E-2) is currently Campus Office. If developed at a density of 85 units per acre, which is consistent with the existing development at the Transit Center, such as Avalon at Dublin Station and Dublin Station by Windsor, then these sites could accommodate up to 1,133 lower-income units, not including the southern portion of Site D-2 where the Westin Hotel is approved. SCS Property: The SCS Property is the vacant 76.9-acre property located north of I-580 between Tassajara Road and Brannigan Street and extending to the north of Gleason Drive.
The existing General Plan and EDSP assume residential development of 261 units. This site is the subject of a General Plan Amendment Study. The City Council directed Staff to work with the property owner to conduct a community outreach process to gather input on the future use and development of the property. That process is underway and the number of residential units on this site has not yet been determined. Hacienda Crossings: Rezoning a portion of Hacienda Crossings for mixed-use development at a minimum density of 48 units per acre could accommodate up to 1,839 lower-income units. Staff preliminarily envisions such density to result in a product like the Waterford Place Apartments, while balancing other impacts such as traffic and parking. North Side of Dublin Boulevard: Rezoning the commercial sites on the north side of Dublin Boulevard, between Dublin Court and Clark Avenue to a minimum density of 30 du/acre could accommodate up to 548 lower-income units. This density would be consistent with the existing Tralee Apartments located in the vicinity and meets the minimum density requirement to qualify as lower-income units. Additionally, the Tralee Apartments could be 481
cited as an example to HCD about the viability of these properties being redeveloped. IKEA Site: Rezoning approximately seven acres of the Ikea site not slated for the IKEA store to a minimum density of 48 units per acre could accommodate approximately 315 lower- income units. This density would be like that of the Waterford Place Apartments, which is the density Staff preliminarily envisions could be accommodated on this site, while balancing other impacts and development standards, such as traffic and parking. Hexcel Corporation Site: The Hexcel Site, located at 11711 Dublin Boulevard directly west of the Dublin Historic Park and Museums, comprises two parcels totaling 8.95 acres. Hexcel will be relocating from this site which is currently available for sale. The entire site has a General Plan Land Use of Business Park/Industrial. Both parcels are in the Dublin Village Historic Area Specific Plan and have a Business Park/Industrial land use. The eastern portion of the site is zoned Light Industrial (M-1) and the western portion of the site has Planned Development Zoning that allows Commercial-Office (C-O) uses. If the site is redeveloped at a minimum density of 30 units per acre, then 264 lower-income unitscould be accommodated. This density was selected as it meets the minimum density requirement to qualify as lower-income units.
Table 5 below summarizes the potential sites to accommodate Dublin’s remaining need of 247 or 644 units, depending on the level of affordability as illustrated in the two scenarios:
Table 5. Potential Sites to Accommodate Remaining Need
Site Potential Number of Units
Development Pool Amendment and Retail District Up-Zoning 1,200 - 2200 units Alameda County Surplus Properties 1,133 units
SCS Property TBD
Hacienda Crossings 1,839 units
North Side of Dublin Boulevard 548 units
Ikea Site 315 units
Hexcel Corporation Site 264 units
When selecting “Additional Sites,” notable factors and characteristics to consider include, but are not limited to, the following:
Proximity to Public Transit and Vehicle Miles Traveled Displacement of Existing Uses
Probability of Redevelopment
Mix of Compatible Uses
Site Constraints
The extent to which a particular site affirmatively furthers fair housing Tables 6 and 7 illustrate potential options to accommodate the remaining RHNA units again using the assumption that either 100% or 50% of the units on these sites are produced as affordable units. Simply for illustrative purposes, Table 6 adds 247 units at the Transit Center. Table 7 adds 450 units at the Transit Center and 194 units at Hacienda Crossings. 482
Table 6. Preliminary Sites Analysis Example(100% Affordable Scenario) Very-Low-
and Low- Moderate- Above-
Moderate- Total
Pipeline Projects 394 202 2,127 2,723
Accessory Dwelling Units 149 82 17 248
5th Cycle Sites - 252 - 252
Public/Semi-Public Sites 134 - - 134
Downtown Dublin 786 42 - 828
Alameda County Surplus
Properties 247 - - 247
Total 1,710 578 2,144 4,432
Table 7. Preliminary Sites Analysis Example(50% Affordable Scenario) Very-Low-
and Low- Moderate- Above-
Moderate- Total
Pipeline Projects 394 202 2,127 2,723
Accessory Dwelling Units 149 82 17 248
5th Cycle Sites - 252 - 252
Public/Semi-Public Sites 134 - - 134
Downtown Dublin 389 25 414 828
Alameda County Surplus
Properties 450 - 450 900
Hacienda Crossings 194 - 194 388
Total 1,710 561 3,202 5,473
As shown in Table 6 above, the 100% affordable scenario would result in 4,432 units, including 713 more units than the City’s Draft Allocation. Most of that excess includes 678 above-moderate- income units in the project pipeline. This option still relies on all remaining units in the Downtown Development Pool to satisfy a portion of the lower-income category. However, this reliance on the units in the Downtown could be reduced by increasing the number of lower-income units placed on the Alameda County Surplus Properties.
As shown in Table 7 above, the 50% affordable scenario would result in 5,473 units, including 1,754 more units than the City’s Draft Allocation. That excess above our Draft Allocation primarily includes above-moderate-income units in the project pipeline, Downtown Dublin, Alameda County Surplus Properties, and Hacienda Crossings. This results from the assumption that only 50% of the units on those sites would be affordable. This scenario would reduce the clustering of lower- 483
income units in the Downtown by only relying on approximately half of the current Development Pool to satisfy the lower-income categories.
Staff seeks feedback from the City Council on the following questions:
1. What percentage of planned units should be assumed as affordable on opportunity sites? Should Staff assume 100%, 50%, or a different percentage of affordable units?
2. Based on the requirement to affirmatively further fair housing, should an emphasis be placed on providing lower-income affordable units in the Downtown or should they be dispersed throughout the City?
3. Which “Additional Sites” should be prioritized to accommodate the RHNA obligation not met by “Existing Sites”?
Following the meeting, Staff will work with the Consultant to refine and finalize the sites inventory to be included in the Housing Element which the City Council will consider adopting at a future public hearing.
Project Schedule and Next Steps
Table 8 below summarizes the key dates in the Housing Element Update Process:
Table 8. Key Dates
Step / Task Date(s)
Public Outreach (Survey and Stakeholder Workshops) November 2021 – February 2022 City Council Approve Draft Housing Element and Submit
to HCD for Review
May 2022
Environmental Review June – November 2022
Revise Housing Element in Response to HCD’s Comments August – November 2022 Adopt Housing Element Update December 2022 / January 2023 ENVIRONMENTAL DETERMINATION:
The informational report on the Housing Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Create More Affordable Housing Opportunities.
Objective E: Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31.
484
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Map of Existing Sites
2) Pipeline Projects Table
3) Map of Additional Sites
485
R-40
R-48
P-1P-2
P-3
P-4
P-7
P-10
S-86
S-74
S-75
S-85
S-82
BARNET BL
DAVIS AV
UNNAMED
GLEASON DR
CROMWELL AV
IRON HORSE TRAIL
DUBLIN BL
8TH ST
HACIENDA DR
6TH STDOUGHERTY RD
SCARLETT CT
HORIZON PW
UNNAMED
BRODER BL
TASSAJARA RD
SEBILLE RD
CENTRAL PW
±
0 0.80.4 Miles
Legend
City Boundary
Existing Capacity
Pipeline
5th Cycle Sites
Public/Semi-Public
Downtown
Sites to Accommodate Remaining Need
Alameda County Surplus Properties
Hacienda Crossings
SCS Property (Only in Option 3)
AMADOR VALLEY BL
Attachment 2
486
P-5
R-40
R-48
P-8
P-9
PSP-1
S-77
S-73
S-74
S-75
PSP-2
P-6
S-82
TASSAJARA RD
PALISADES DR
CENTRAL PW
FALLON RD
POSITANO PW
GLEASON DR
DUBLIN BL
CROAK RD
±
0 1.10.5 Miles
Legend
City Boundary
Existing Capacity
Pipeline
5th Cycle Sites
Public/Semi-Public
Downtown
Sites to Accommodate Remaining Need
Alameda County Surplus Properties
Hacienda Crossings
SCS Property (Only in Option 3)
AMADOR VALLEY BL
487
Int-4
AH-1
AH-2
AH-3
P-11
S-68
S-17
S-58
SAN RAMON RD
I680 SB
CANTERBURY LN
STARWARD DR
DUBLIN BL
I680 NB
EBENSBURG LN
PEPPERTREE RD
SILVERGATE DR
AMARILLO RD
CRONIN CI
HANSEN DR
AMADOR PLAZA RD
REGIONAL ST
YORK DR
VILLAGE PW
SAINT PATRICK WY
AMADOR VALLEY BL
DONOHUE DR
MAPLE DR
I680 SB TO I580 EB CONN
HILLROSE DR
±
0 0.40.2 Miles
Legend
City Boundary
Existing Capacity
Pipeline
5th Cycle Sites
Public/Semi-Public
Downtown
Sites to Accommodate Remaining Need
Alameda County Surplus Properties
Hacienda Crossings
SCS Property (Only in Option 3)
AMADOR VALLEY BL
488
Housing Element Survey Results
From December 20, 2021 through February 28, 2022, the City of Dublin launched an online community survey to gather input and feedback regarding the Housing Element Update. Participants were asked to report on their housing experience in Dublin, consider potential policies and programs, and reflect on future housing opportunities in the City. A total of 205 surveys were completed and submitted. Below is a summary of the results.
Housing Types
What Types of housing do you think Dublin is missing? (Please select all that apply) Other:
• One-level
• Assisted living through memory/long-term care
• Housing for Dublin workers earning minimum wage
• Low income/senior and diverse housing on the east side of town • Middle income family housing
• Homes with yards
• Enough housing
• More schools
0% 2% 4% 6% 8% 10% 12% 14% 16% 18%
Accessory Dwelling Units (ADUs)
Affordable Housing
Apartments/Condos
Housing for Persons with Disabilities
Mixed-Income Housing
Multi-Generational Housing
Senior Housing
Single-Family Housing
Supportive or Transitional Housing
Other
Attachment 3
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2023-2031 Housing Element Update
Housing Element Survey Results
What type of housing, for rent or for sale, do you think is needed?
Where do you think the City should locate future housing that is required to be planned for in the Housing Element update? (Please select all that apply)
12%
31%57%
Rent
Sale
Both
0% 5% 10% 15% 20% 25% 30%
Existing neighborhoods (ADUs)
City-owned properties
In the downtown area
Regional shopping centers (Such as Hacienda Crossing)
Neighborhood/community shopping centers (Such as
Dublin Crossing)
Near transportation hubs (Such as BART)
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Housing Program Opportunities
Community Assistance:
Please rate the following based on importance to the community. (1 being the least important and 5 being the most important)
Fair Housing:
Please rate the following based on importance to the community. (1 being the least important, 5 being the most important)
2.70 2.80
2.90 3.00
3.10 3.20
3.30 3.40
Homebuyers assistance
(Identify funding assistance
and resources for first time
home buyers)
Housing rental assistance
(Identify funding assistance
for renters)
Property maintenance
(Programs to provide
funding for home
maintenance rehabilitation
and upkeep)
Housing information
(Information on affordable
housing opportunities and
funding available to the
public)
Average Score
0 0.5
1 1.5
2 2.5
3 3.5
4 Promote fair housing
(Provide programs and
policies to address fair
housing issues)
Senior Housing Programs
(Encourage the
development of housing
that is accessible and
supportive for senior
citizens)
Persons with disabilities
(Encourage the
development of housing
accessible to persons with
disabilities)
Supportive Housing
(Provide for emergency
short and long-term
housing needs)
Average Score
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Vision for the Future
In 10 words or less, describe your vision for the future of housing in Dublin.
Infill and affordable housing
Affordable, quality housing for first time home buyers.
I don't to see over population nor do I want to have a lot of low income properties.
Equitable, affordable housing/good neighborhoods for all income levels.
Senior, stand-alone housing, single level.
Not growing.
No more honeycombs. 4-unit max groupings for apts, townhouses.
Town homes located in infill areas or underutilized retail. Leave open space open Less houses. BUILD MORE SCHOOLS TO SUPPORT NUMBER OF HOMES HERE! Need middle school and elementary school existing schools are overcrowded. don't screw up property values
Low and middle income housing desperately needed
Dublin needs to stop additional housing and focus on supporting infrastructure. The city has become a plague of development and homes. Traffic is ridiculous.
Dublin WILL continue to grow; supply needs to keep up.
I think future housing should be scaled way down.
Stop building
Dublin is pretty much built out. We need closer to home employment, not more housing inclusionary housing by private developers. no more huge apartment buildings.
NO MORE HOUSES PLEASE. The Dublin streets and corresponding freeways cannot handle more houses.
Where people from all incomes can find a home.
Just enough
Land in Dublin is already quite filled up and the school district can’t keep up. No more new housing Affordable housing for mixed demographic population with access to schools, utilities, and basic infrastructure
Stop adding more houses to an already overpopulated city. Keep Dublin small.
More spacious single family homes with bigger lot six having more space between two adjacent homes.
Plan for baby boomers to remain in Dublin to open up existing houses to new families.
Equitable, fair, and transparent community needs.
Please have a affordable housing for low income families For seniors.
Inclusive for all current and new residents
STOP the excessive overbuilding! Especially the dense housing of condos/townhomes. Dublin should not bear the sole responsibility for any housing shortage for the entire county/state. Schools are overcrowded, roads are overcrowded, great majority of residents agree we are overcrowded and also agree the explanation given to us that the City is required to continue building thousands of units is ridiculous. If this is the case, then push back and do something to change it. STOP allowing those outside our City to determine the well-being of our City based on reports and numbers read from afar. Those that live here and those that have taken positions responsible for our best interests have an obligation to fight for our best interests even when it’s hard and even when it’s directly against current established criteria/rules. Circumstances change and therefore rules and criteria may also 492
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require change. STOP the building! DEMAND CHANGE to the current criteria. DO WHAT’S BEST AND WANTED FOR OUR RESIDENTS.
Denser housing that makes Dublin more walkable
stop sprawl, start building up, and support mixed-use
Affordable housing for Next generation to stay in Dublin.
Housing Maintenance / mortgage programs for disabled and elderly persons.
Diverse
Dublin is the city of choice for East Bay area
Housing in Dublin should be easily affordable and publicly funded.
It MUST involve additional community infrastructure.
Dublin needs more housing but spread out, not near to existing congested areas.
Less high density housing due to water shortage, climate change, and full schools. More senior citizen housing or senior communities.
accessible to all
No more housing at all.
Add housing to shopping centers, similar to the Waterford Place Apartments which sit above and adjacent to the Shops at Waterford. These properties are generally located near major traffic arteries and transit lines and can support increased density. Adding housing will also support retail without increasing vehicular travel.
Housing for all
Stop building!
Walkable, mixed-use, transit-oriented development
Provide help with SB 9 application
relentless development of large, trashy high-density eyesores A great place for everyone to live.
I feel the city is overbuilt and overcrowded. More focus on improving infrastructure is needed than housing.
Stopping growth is futile, we need to increase housing supply dense, accessible, affordable, inclusive, diverse, maintained, transit-oriented I wish housing didn't outpace schools, but homebuilders rule us.
Modern and mixed with commercial areas and near public transportation Affordable for housing for anyone to be able to live in this city.
Balanced housing with schools, commercial and SF/MF properties Nice, safe community close to everything with range of housing options Slow, steady growth that the schools can keep up with
affordable for those that grew up in this community, currently live and work here Transit oriented housing for all income levels
Do not construct or allow housing until new schools are built Smart growth does not burden residents
Dublin should invoke a 10-year moratorium on any new development and focus on failing infrastructure. Schools are overcrowded, there's a traffic nightmare on city roads, city services cannot support any new development. City council has turned Dublin into a concrete jungle and needs a break.
Dublin is overcrowded and there is no infrastructure to support any more homes. STOP Building new homes
Plenty of housing options for people
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Dublin Boulevard should have a strong sense of place defined by 4 to 5 story apartments and condos.
Diverse, welcoming to all income levels and ages
We need more single family houses in Dublin
Less condos/stack n pac. Dublin Blvd/Bart areas so congested! Where housing is seen as a right not a privilege and there is greater understanding that housing is not primarily an investment but a necessity. I hope to see communities with mixed styles of housing, so neighborhoods aren’t separated into silos
Overcrowded high density housing is not recommended nor needed.
Less dense in fill housing
Have east Dublin get their share of more diverse housing types vs packing it all into west Dublin so it’s not in their fancy backyards & neighborhoods
More housing but not in small downtown area
Great families and affordable housing
Less density
More affordable housing
More housing for all income levels is needed
Pause on housing development to allow infrastructure and schools to catch up.
SCS planning need more open space and infrastructure than housing Don’t turn into Fremont, you’re starting to
Affordable
More supportive amenities and parks.
Quiet, safe, affluent, vibrant community
Stop the massive growth. More parks and open land.
no more housing! we are over capacity
More green, fewer new homes
No more dense neighborhoods. More infrastructure.
We need city rule for SB-9
More village like with higher core density areas and transit Provide more mid-size (1300 - 1600 sq) affordable single-family houses (600K - 800k), instead of building BIG million dollars houses.
low-income housing, affordable housing is still out of reach.
Have more parks and less traffic. It is getting really crowded One that has much less Mello Roos taxation
Sustainable environmentally conscious inclusive green spaces and community gardens We need more retail to keep the revenue here.
For young family
Single family homes. Affordable rentals
Sick of stack and pack. NO ADUs. Changes character of neighborhood.
Better living for all
Best housing in the bay area
Available and Affordable to all
Someone in middle single income household 130k could afford a house HERE new perf everything is 780k++
no more housing. it's already too much
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2023-2031 Housing Element Update
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A significant reduction in the future approval of an unsustainable number of profligate housing developments.
High density housing ruining character of Dublin please stop it.
Build schools, not houses.
More single family houses needed
Slow down the building. Provide infrastructure.
No more new homes in Dublin. Enough is enough.
Affordable and accessible housing for every income level Large single family homes with backyards
Please stop building!!! Dublin is full
Affordable single family houses for first time home buyers Less density
Less houses
More individual homes. No more townhomes!
Walkable (accessible), sustainable. and neighborhood friendly. needs based. not haphazard. Organized plans. not changed because business.
Develop without impacting already overcrowded schools, traffic, or community safety.
Semi-high-rise
Dublin used to be a great community existing primarily of single family homes. Now Dublin is known for apartments and townhomes. Outsiders don't think of Dublin as having traditional neighborhoods of single family homes. Dublin should work to get back to the neighborhoods which were integral in establishing a great community for families.
Keep the small town feel of the city.
Dublin doesn’t need any more condos or apartments
Smaller lot sizes. Build upwards. Don't neglect parks and traffic.
Single family detached homes with neighborhoods and yards are necessary.
Aesthetically pleasing, slow down planning, more schools More schools for houses.
AFFORDABLE single family homes mixed with apartments and townhomes More diversity inclusive neighborhoods
Affordable with supporting infrastructure such as schools and roads Slow Down. Think 100 year plan.
Housing available for all types of individuals and families less single-family, actually enough homes for those who want them It’s already doomed, between DUSD and the City of Dublin there is no hope.
Less density, affordable 55+ single family home community bousing that never exceeds infrastructure capacity - roads, water, transportation Inclusive housing that builds a wonderful safe community No need to construct new homes. Already too crowded
In need of single family homes with big backyards
Make it less crowded
Yards, community, trees
NO MORE HOUSING DEVELOPMENTS PLEASE! DUBLIN TOO OVERBUILT AND CROWDED.
More schools and parks. Less high density communities
More affordable housing to allow for opportunities for families 495
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Have homes with large lot sizes
Need affordable housing, many of us are leaving Dublin because of housing costs....
Stop building multi-level townhouse style expensive condo developments.
Housing accessible to a mix of socioeconomic backgrounds Balanced semi-urban open space town
Affordable, multigenerational, and senior housing especially on the eastern side.
Too many already, need community facilities
Housing needs are adequate, if you don preserve the nature and adjust only according to human needs, we will lose our way, let's not cram the city.
A shining example for the region for YIMBY, especially near Transit No more housing, more libraries
Accessible for working class that works here
develop housing that creates prestige neighborhood to better the city Build more homes.
More schools, less houses. Dublin school ratings have dropped due to overcrowding Don't use up all the lands. Save some for future.
Please stop building these horrible tri-level homes with no front or backyards. We need single family 2-story homes with yards.
No further development, keep small town feel
Stop building homes!
More affordable housing and schools
I'm hoping that only single homes will be built in the future as there is enough high rise condos now.
It's beginning to look like downtown New York or Detroit with only concrete for the children to play on. Dublin was once a beautiful country setting that attracted residents that wanted to leave the City.
Now we are a City with not so many green space. Who is responsible for making all the decisions to compartmentalize people in square condos where your neighbor can hear you talking? Really, we’ve lived here for 50 plus years and are very disappointed in how Dublin has changed. More people, more accidents, more crime, more disagreements between neighbors, more litter etc. My vision is not a good one.
Fewer multi-family complexes; lower density
Stop building. Every piece of land does not have to have a structure on it. Nor are there the resources to support additional and continual building of homes. The population is declining for crying out loud.
Building up lots of, affordable, transit accessible, mixed-used units.
No more housing is my vision for Dublin's future.
STOP DESTROYING DUBLIN BY BUILDING ON EVERY SQUARE INCH! Provide housing that facilitates resident investment in Dublin's 5-star status.
Less housing, more infrastructure like schools and parks please! Turn existing buildings into housing. Toysrus, vacant buildings More affordable options for all types of dwellings including for rent and for sale - also for seniors.
Only low income condos in built areas. Open land undeveloped
Demographics
The following questions will help us understand who in the community is participating in the process. Your information will be kept private.
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Do you live or work in Dublin?
Other:
• Live with parents
• Dependent of a homeowner
Are you a renter of homeowner?
What is our age?
70%
2%
25%
2% 1%
I live in Dublin
I work in Dublin
Both
Neither
Other
16%
78%
1%
5%
Renter
Homeowner
I own property in Dublin that I rent to
others
Other
1%
11%
47%
31%
10%
Less than 18 years 18-34
35-49 50-64
65 years or older
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Housing Element Update
Check-In
City Council
March 15, 2022
Item 7.1
498
Agenda
• Background
• Preliminary Sites
Inventory
– Additional Sites
– Downtown Sites
• Program Requirements
• Public Outreach
• Next Steps
499
Background
• One of the seven mandated elements of
the General Plan
• Addresses the housing needs of
residents
• Identifies existing and projected housing
needs by income category
• Establishes Citywide goals, policies,
programs, and objectives to guide future
housing
• Requires certification by the California
Department of Housing and
Community Development (HCD)
Dublin General Plan
Land Use
Parks and Open Space
Schools, Public Lands, and Utilities
Water Resources and Energy
Conservation
Economic Development
Community Design and Sustainability
Noise
Seismic and Safety
Conservation
Housing
Circulation and Scenic Highways
500
Final Allocation
• Approved by ABAG on December 16, 2021
• Assigns 3,719 units to Dublin
Income
Category Very Low Low Moderate Above
Moderate Total
Units 1,085 625 560 1,449 3,719
501
Existing Zoning Strategies
Very-Low-
and Low- Moderate- Above-
Moderate- Total
Allocation 1,710 560 1,449 3,719
Pipeline Projects (394) (202) (2,127) (2,723)
Accessory Dwelling
Units (149) (82) (17) (248)
5th Cycle Sites - (252) - (252)
Public/Semi-Public
Sites (134) - - (134)
Downtown Dublin (389) (24) - (413)
Remaining Need 644 - (695)
502
Additional Sites Distribution Options
Options to Distribute Remaining Need
Very Low
and Low Moderate
Above
Moderate Total
Option A
Alameda County Surplus
Property 441 0 441 882
Hacienda Crossings 203 0 203 406
SCS Property 0 0 0 0
Total: 644 0 644 1,288
Option B
Alameda County Surplus
Property 322 0 322 644
Hacienda Crossings 322 0 322 644
SCS Property 0 0 0 0
Total: 644 0 644 1,288
Option C
Alameda County Surplus
Property 250 0 250 500
Hacienda Crossings 244 0 244 488
SCS Property 150 0 0 150
Total: 644 0 494 1,138
503
Downtown Sites
504
Downtown Sites
• Must be rezoned to allow residential use by right
• Not subject to Community Benefit Agreement
• Staff recommends adding the 413 units outside
Development Pool
505
Housing Element Programs
• Must include specific programs to implement
goals, policies, and objectives
• Programs must include:
– Implementation timeframe
– Responsible party
– City’s role
– Specific, measurable outcomes
506
New Policy Program T opics
• Affirmatively Furthering Fair Housing
• Promotion of Accessory Dwelling Unit (ADU) and
Junior Accessory Dwelling Unit (JADU)
Development*
• Objective Development Standards*
• Senate Bill 35 Streamlining
• Emergency Shelters, Transitional and Supportive
Housing, and Lower Barrier Navigation Centers*
*Addressed in current Housing Element, but modifications required 507
New Policy Program T opics (cont.)
• Housing for Persons with
Developmental Disabilities*
• Farmworker and Employee
Housing*
• Density Bonus and Removal
of Development
Constraints*
*Addressed in current Housing
Element, but modifications required
508
Public Outreach
• City Council Check-Ins
– October 2020
– November 2021
• Community Workshops
– January 19, 2022
– February 17, 2022
• Online Community Survey
– December 2021 – February 2022
• One-On-One Property Owner Meetings
509
T entative Schedule
Virtual
Community
Workshop # 1
January 19,
2022
Community
Survey
Winter
2021/2022
Virtual
Community
Workshop # 2
February 17,
2022
Planning
Commission
Study
Session
March 8,
2022
City Council
Check-In
March 15,
2022
Public
Review
Draft
April 2022
Planning
Commission
Review
April 26,
2022
City Council
Review
May 17,
2022
510
Recommendation
• Receive presentation and provide feedback on:
– Distribution of RHNA on additional sites
– Selection of sites identified in Downtown Dublin
– Including Downtown RHNA units outside of
Downtown Dublin Development Pool
511
Thank you!
Questions?
512