Chapter 8.04
TITLE, PURPOSE AND AUTHORITY
8.04.010 Title.
This Title shall be known as the Zoning Ordinance of the City of Dublin, Title 8 of the Dublin Municipal Code, hereafter referred to as the “Ordinance”.
8.04.020 Purpose.
The purpose of this Ordinance is to promote and protect the public health, safety, peace, comfort, convenience and general welfare and to preserve and enhance the aesthetic quality of the City by providing regulations to ensure an appropriate mix of land uses, and that each land use relates properly to adjacent land uses in an orderly manner, and for the following more particularly specified purposes:
A. Implement the Dublin General Plan and Specific Plans, and to guide and manage the future growth of the city in accordance with those plans.
B. Protect, retain, and enhance the character and stability of existing development, and to encourage orderly and beneficial new development.
C. Provide adequate light, air, privacy, and convenience of access to property, and to secure safety from fire and other dangers.
D. Prevent overcrowding the land and undue congestion of the population.
E. Manage the distribution of population in accordance with the availability of the natural resources, and public facilities and services necessary to support a growing City.
F. Protect and preserve the natural environment of the City of Dublin.
G. Regulate the location, use, and design of buildings and land uses so as to reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and land uses in relation to natural and built hazards and resources, existing buildings and land uses, and the existing or prospective traffic movements on the City’s roadway system.
H. Attain the physical, social, and economic advantages resulting from comprehensive and orderly land use and resource planning.
8.04.030 Authority and General Plan Consistency.
A. This Ordinance is enacted based on the authority vested in the City of Dublin by the State of California, including, but not limited to, the State Constitution, Section 65000 and subsequent sections of the California Government Code, the Housing Act, and the Health and Safety Code.
B. It is the policy of the City of Dublin that the Zoning Ordinance be used to implement the General Plan and Specific Plans. The Dublin City Council intends that this Ordinance be consistent with the Dublin General Plan and Specific Plans, and that any land use or development approved in compliance with this Ordinance also be consistent with the Dublin General Plan and applicable Specific Plans.
8.04.040 Applicability of the Zoning Ordinance.
This Ordinance applies to all land uses and development within the City of Dublin as follows:
A. New land uses, building permits, structures, and changes to them. Compliance with all of the following requirements, to the satisfaction of the Director of Community Development, is necessary for any person or public agency to lawfully establish a new land use or structure, issue a building permit, or to alter or replace any land use or structure:
1. The proposed land use must be allowed within the zoning district that applies to the site.
2. The proposed use of land or structure, development, or related division of land must be legal or non-conforming and satisfy all applicable requirements and development regulations of this Ordinance, including but not limited to lot area, lot square footage per dwelling unit, lot dimensions, maximum residential use per lot, setbacks, distance between residences, maximum lot coverage, common useable outdoor space, height limits, sign regulations, and all other requirements of this Title.
3. Any Permit or other approval required by the applicable zoning district or other provision of this Title must be obtained in compliance with the requirements of this Ordinance and any applicable conditions of approval of that Permit must be met to the satisfaction of the Director of Community Development.
B. Continuation of an existing land use or structure. It is unlawful and a violation of the Dublin Municipal Code for anyone to maintain the use of a parcel that violates any provision of Title 8; provided, however, a land use or structure that was lawfully established before this Ordinance was enacted or before enactment of any applicable amendment to this Ordinance, may continue, provided no expansion or modification to said pre-existing non-conforming uses or structures shall be permitted, except as allowed by Chapter 8.140, Non-Conforming Structures and Uses.
C. Subdivision of land. Any subdivision of land within the City of Dublin occurring after the effective date of this Ordinance shall be consistent with the minimum lot size requirements, lot square footage per dwelling unit requirements, all other applicable requirements of this Ordinance, and with Chapter 9 of the Dublin Municipal Code relating to subdivisions.
D. Effect of Zoning Ordinance changes on projects in progress. The enactment of this Ordinance or amendments to its requirements may have the effect of imposing different standards on new land uses, development and/or structures than those that applied to existing land uses, development and/or structures. Following the effective date of this Ordinance, or any amendments to this Ordinance, the following provisions shall apply:
1. Pending applications. All land use permit applications that have been determined by the Department to be complete before the effective date of this Ordinance or any amendment, will be processed according to the regulations in effect when the application was accepted as complete.
2. Approved projects not yet under construction. Any structure authorized by an Conditional Use Permit, Site Development Review, Temporary Use Permit, or Variance, for which construction has not begun as of the effective date of this Ordinance or any amendment, may still be constructed in compliance with the approved permit, as long as construction is completed and the approved land use is established before the expiration of the permit or, where applicable, before the expiration of any approved time extension.
3. Projects under construction. A structure that is under construction pursuant to a valid Building Permit on the effective date of this Ordinance or any amendment, may be completed and need not be changed to satisfy any new or different requirements of this Ordinance as long as construction is beyond the approval of the first inspection on the effective date of this Ordinance or any amendment, and provided that construction is diligently prosecuted to completion. Such a structure shall be deemed to be a lawfully existing building.
4. Other requirements may still apply. Nothing in this Ordinance shall eliminate the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by other chapters of the City Municipal Code or by the regulations of any City Department or by any County, regional, State, or Federal agency.
5. Permits, approvals, and licenses issued in compliance with Ordinance. All permits and licenses shall be issued by the City in compliance with the provisions of this Ordinance, after the effective date of this Ordinance or any amendment. Any permit, approval, or license issued in conflict with this Ordinance shall be void.
8.04.050 Responsibility for Administration.
This Ordinance shall be administered by the Dublin City Council, Planning Commission, Director of Community Development, Zoning Administrator, and the Department of Community Development, as provided in Chapter 8.128, Authority to Administer Title 8.
8.04.060 Interpretation.
The Director of Community Development is assigned the responsibility and authority to interpret the requirements of this Ordinance. This Section provides rules for resolving questions about the meaning or applicability of any part of this Ordinance.
A. Language. The meaning and construction of words and phrases as set forth shall apply throughout this Ordinance, except where the context of such words or phrases clearly indicates a different meaning or construction. Definitions contained in the Uniform Building Code shall be applicable except when in conflict with definitions contained in this Ordinance, in which case the Zoning Ordinance definition shall apply. The following general rules of construction shall apply to the textual provisions of this Ordinance:
1. Headings. The section and subsection headings of this Ordinance do not govern, limit, modify, or in any manner affect the scope, meaning or intent of any provision of this Ordinance.
2. Illustrations. In case of any difference of meaning or implication between the text of any provision and any illustration, the text of the provision shall control.
3. Shall, May, and Should. “Shall” is always mandatory and not discretionary. “May” is permissive and discretionary. “Should” is advisory and not mandatory.
4. Tense, Number, and Gender. Words used in the present tense include the past and future tense. Words used in the singular include the plural, and the plural the singular, unless the context clearly indicates the contrary. The masculine and feminine genders are both inclusive of the masculine, feminine, and neuter.
5. Conjunctions. Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:
“And” indicates that all connected items or provisions shall apply.
“Or” indicates that the connected items or provisions may apply singly or in any combination.
“Either . . . Or” indicates that the connected items or provisions shall apply singly but not in combination.
6. Number of Days. Whenever a number of days is specified in this Ordinance, or in any permit, condition of approval or notice issued or given as provided in this Ordinance, such number of days shall be construed as calendar days, except that such time limits shall extend to the following working day where the last of the specified number of days falls on a Saturday, Sunday or any City holiday.
7. Minimum Requirements. When interpreting and applying the regulations of this Ordinance, all provisions shall be considered to be the minimum requirements, unless stated otherwise.
8. Text Error. Where the Director of Community Development determines through review of the public record of a City Council hearing and action that the text of the Ordinance is in error, the Director of Community Development shall have the authority to correct the error to make the Ordinance text consistent with the action of the City Council.
B. Zoning District Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty.
1. Lot, alley or street lines. Where zoning district boundaries approximately follow lot, alley, or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries.
2. Divided parcel. If a zoning district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map.
3. Vacated or abandoned public street or alley. Where a public street or alley is officially vacated or abandoned, the property that was formerly the public street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned public street or alley.
4. Physical feature. Where a zoning district boundary is shown as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, or railroad right-of-way, the boundary location shall be determined by the Director of Community Development, based upon the character of the particular feature used as a boundary.
5. Map Error. Where the Director of Community Development determines through review of the public record of a City Council hearing and action on a rezoning that a zoning district boundary, line, or other information on the official zoning map has been drafted in error, the Director of Community Development shall have the authority to correct the error to make the official map consistent with the action of the City Council.
C. Permitted Uses of Land. If a proposed use of land is not specifically included in Chapter 8.12, Zoning Districts And Permitted Uses of Land, Chapter 8.16, Agricultural Zoning District, Chapter 8.20, Residential Zoning Districts, Chapter 8.24, Commercial Zoning Districts, and Chapter 8.28, Industrial Zoning Districts, the use shall not be allowed, except as follows:
1. Permitted. The Director of Community Development may determine that a proposed use not included in the Use Types permitted by the above sections is permitted if the Director finds all of the following:
a. Characteristics and activities. The characteristics of, and activities associated with the proposed use are in substantial conformity with those of one or more of the uses included in the Use Types permitted by the zoning district, and will not involve a higher level of activity, intensity, or population density than the uses included in the Use Types permitted in the zoning district.
b. General Plan and Specific Plans. The proposed use will be consistent with the goals, objectives and policies of the General Plan and applicable Specific Plans.
c. Purpose and Intent of zoning district. The proposed use will meet the purpose and intent of the zoning district that applies to the site.
2. Treated in Same Manner. When the Director of Community Development determines that a proposed, but unincluded, use is in substantial conformity with an included and therefore permitted use, the proposed use will be treated in the same manner as the included use in determining where it is allowed, what permits or approvals are required and what other standards and requirements of this Ordinance apply.
3. Referral to Planning Commission. The Director of Community Development may refer questions about proposed but unincluded uses directly to the Planning Commission for a determination at a public hearing.
D. Conflicting Requirements.
1. Other Municipal Code provisions. If conflicts occur between requirements of this Ordinance, or between this Ordinance and other regulations of the City, the most restrictive shall apply.
2. General Plan, Specific Plans. Where conflicts occur between this Ordinance and the General Plan or Specific Plans, the provisions of the General Plan and the Specific Plan shall apply.
3. Private Agreements. It is not the intended that the requirements of this Ordinance interfere with, repeal, abrogate or annul any easement, covenant, or other agreement that existed when this Ordinance became effective. Where this Ordinance imposes a greater restriction on the development or use of structures or land than a private requirement, the provisions of this Ordinance shall apply. Where a covenant or private agreement imposes a greater restriction than this Ordinance, the provisions of this Ordinance shall still apply without diminishing any private agreements or restrictions. The City will not enforce any private covenant or agreement unless it is a party to the covenant or agreement.
E. Official Interpretations. Whenever the Director of Community Development determines that the applicability or meaning of any of the requirements of this Ordinance are unclear generally or as applied to a specific case, the Director of Community Development may issue an official interpretation. Official interpretations shall be:
1. In writing, and shall quote the provisions of this Ordinance being interpreted, together with an explanation of their meaning or applicability in the particular or general circumstances that caused the need for interpretation.
2. Distributed to the City Council, Planning Commission, City Attorney, City Clerk, and Department staff.
Any Ordinance provisions that are determined by the Director of Community Development to be unclear (with the exception of text and map errors addressed above) will be corrected by amending the Zoning Ordinance as soon as is practical. Until amendments can occur, the Director of Community Development shall maintain a complete record of all official interpretations, available for public review, and indexed by the number of the Zoning Ordinance section that is the subject of the interpretation.
F. Appeal and Referral. Any interpretations of this Ordinance by the Director of Community Development may be appealed as provided in Chapter 8.136, Appeals. The Director of Community Development may refer any interpretation of this Ordinance to the Planning Commission for a decision at a public hearing.
8.04.070 Exemptions From Permit Requirements.
The permit requirements of this Ordinance do not apply to the following activities, uses of land and structures, which are allowed in all zoning districts: (Rev. Ord. 27-08, July 2008)
A. Film and theater productions. Structures and related development required for temporary motion picture, television and theater stage sets and scenery, and still photographic sessions, provided that the development does not require alterations of the natural environment, i.e., removal of vegetation, grading or earthwork.
B. Governmental activities. Activities of the City, State or an agency of the State, or Federal Government on leased or federally owned land.
C. School facilities. Certain school facilities as provided by Government Code Sections 53091 et. seq.
D. Solar collectors. The addition of solar collection systems to the roofs of existing structures.
E. Utilities. The erection, construction, alteration, or maintenance by a public utility or public agency of underground or overhead utilities (i.e., water, gas, electric, telecommunication, supply or disposal systems, including poles, towers, wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, etc.), but not including structures, shall be permitted in any zoning district, provided that the route of any electrical transmission line(s) having the potential of 50,000 volts or more shall be subject to City Council review and approval prior to acquisition of rights-of-way.
8.04.080 Other Permits May Be Required.
A permitted land use that has obtained a required Permit may still be required to obtain other permits before the building is constructed, or the use commenced, or otherwise established and put into operation. Nothing in this Ordinance shall eliminate the need to obtain any permits or approvals required by other provisions of the Municipal Code, including but not limited to, building, grading, or other construction permits if required, a business license if required, subdivision approval if required, or any other permit required by a regional, State or Federal agency. All necessary permits shall be obtained before starting work or establishing new uses.
8.04.090 Joint Reference.
Wherever a regulation is applied herein to any “A” zoning district, it shall be understood to apply to any zoning district or “zone” designated in Chapter 8.16, Agricultural Zoning District by the primary symbol “A”. Wherever a regulation is applied herein to any “R” zoning district it shall be understood to apply to any zoning district or “zone” designated in Chapter 8.20, Residential Zoning Districts by the primary symbol “R”. Wherever a regulation is applied herein to any “C” zoning district it shall be understood to apply to any zoning district or “zone” designated in Chapter 8.24, Commercial Zoning Districts by the primary symbol “C”. Wherever a regulation is applied herein to any “M” zoning district it shall be understood to apply to any zoning district or “zone” designated in Chapter 8.28, Industrial Zoning Districts by the primary symbol “M”. Wherever a regulation is applied herein to any “PD” zoning district it shall be understood to apply to any zoning district or “zone” designated in Chapter 8.32, Planned Development Zoning Districts by the primary symbol “PD”. The “A”, “R”, “C”, and “M” zoning districts shall be understood to apply to any “PD” or Planned Development zoning district if the ordinance establishing the PD zoning district references that zoning district or where that zoning district is the most comparable zoning district as determined the Director of Community Development.
8.04.100 Partial Invalidation of Zoning Ordinance.
If any article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this Ordinance. The Dublin City Council hereby declares that this Ordinance and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more of the portions of the Ordinance be declared invalid, unconstitutional or unenforceable.