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:
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. Ord. 3-22 (April 2022)
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. Ord. 3-22 (April 2022)
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 Sections 65913.4(a)(6)(B) through (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. Ord. 3-22 (April 2022)
8.81.040 Maximum Number of Units.
A. Urban Lot Split. For SB 9 Units on parcels where an Urban Lot Split is proposed or approved, under the provisions specified in Chapter 9.54 and Government Code Section 66411.17, the following shall apply:
1. Vacant Lot. A maximum of two SB 9 Units on a vacant lot created by an Urban Lot Split. No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted.
2. Developed Lot. If there is an existing Primary Dwelling Unit on a lot created by an Urban Lot Split, a maximum of one of the following units may be added to that lot: an SB 9 Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit. An Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted in accordance with Chapter 8.80, except that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted with the development of an 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. Ord. 3-22 (April 2022)
8.81.050 Intent to Occupy.
The applicant for an 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. Ord. 3-22 (April 2022)
8.81.060 Standards.
A. General.
1. By Right Provision. The objective standards set forth in this section shall not physically preclude a maximum of two units, comprising 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 Section 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 from 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 facade 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 facade materials shall be prohibited.
7. Fire-resistant alternatives, such as fiber cement siding, are permitted as a substitution for traditional materials such as wood shake, horizontal siding, or board and batten paneling.
D. Building Height.
1. Within Setbacks. The maximum height of an SB 9 Unit, or any portion thereof, located within the setbacks established for the zoning district where the lot is located shall not exceed 16 feet.
2. Outside of Setbacks. The maximum height of an SB 9 Unit located outside of the setbacks established for the zoning district where the lot is located shall conform to the height requirements of the zoning district.
E. Building Separation.
1. Single-Story Structures. A minimum separation of 15 feet shall be provided between the upper story and a single-story structure on an adjacent property.
2. Multi-Story Structures. A minimum separation of 20 feet shall be provided between the upper story and a multi-story structure on an adjacent property.
F. Building Setbacks.
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.
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 an 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 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, nondimensional 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, are permitted as a substitution for traditional materials such as clay tile.
4. New structures shall provide a roof that has a minimum slope of 3:12. A sloped roof shall be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs shall be prohibited.
5. A minimum of 25 percent of the roof area shall be articulated with any combination of hip, gable, or shed dormers.
6. Roofs shall have a minimum overhang of 12 inches.
7. The roof styles and materials of detached garages and carports shall match the materials and detailing of main and accessory structures.
R. Separate Connections.
1. All attached or detached SB 9 Units shall have separate utility connections and meters.
2. Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility connections and meters.
S. Separate Conveyance. SB 9 Units shall be designed for separate conveyance, as defined in this Chapter, in accordance with applicable building and fire code requirements.
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. Ord. 3-22 (April 2022)
8.81.070 Permitting Procedure.
In addition to the standard submittal requirements for a Building Permit, an 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. Ord. 3-22 (April 2022)
8.81.080 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 of this section, an application for an SB 9 Unit Development may be denied if the Chief Building Official, upon making written findings to the Community Development Director based on the preponderance of the evidence, finds the project would have a specific, adverse impact, as defined and determined in Government Code Section 65589.5(d)(2), 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. Ord. 3-22 (April 2022)