1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND AMENDING CHAPTER 9.40 “GENERAL PROVISIONS” OF THE CITY OF RICHMOND MUNICIPAL CODE BY ADDING A NEW SECTION 9.40.019 “NON-RESIDENTIAL JUNIOR ACCESSORY DWELLING UNITS”
WHEREAS, the Richmond City Council, pursuant to police powers delegated to it by the California Constitution, has the authority to enact legislation that promotes public health, safety and general welfare of its residents; and
WHEREAS, the Richmond City Council adopted Resolution 79-18 on October 2, 2018, declaring a shelter crisis pursuant to SB 850 (Chapter 48, Statutes of 2028 and Government Code Section 8698.2; and,
WHEREAS, that shelter emergency continues to exist and has grown worse since 2019, with hundreds of unhoused individuals living in RVs, tents and improvised shelters throughout the City of Richmond; and,
WHEREAS, as a result of game-changing work habits and economic dislocation resulting from COVID-19, there is a surplus of commercial and institutional building space available, some of which could be used to provide housing for homeless individuals of a quality that is substantially higher than other alternatives such as shelters and hotel rooms; and WHEREAS, such temporarily repurposed commercial and institutional space could be vastly safer and healthier than camps on both private and public land throughout Richmond; and,
WHEREAS, Section 8689.2 states, “The governing body may declare a shelter crisis, and may take such action as is necessary to carry out the provisions of this chapter, upon a finding by that governing body that a significant number of persons within the jurisdiction of the governing body are without the ability to obtain shelter, and that the situation has resulted in a threat to the health and safety of those persons.”
THEREFORE, LET IT BE RESOLVED THAT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND does ordain as follows:
SECTION 1.
Chapter 9 . 4 0 ent it l ed “GENER AL P R OVIS IONS ” of the City of Richmond Municipal Code is hereby amended to add a new section 9.40.019 “Non-residential Junior Accessory Dwelling Unit JADU Pilot Program” to read as follows:
2 Sections:
9.40.019 Non-residential Junior Accessory Dwelling Unit JADU Pilot Program
9.40.019.010 Purpose.
9.40.019.020 Definitions.
9.40.019.030 Junior Accessible Dwelling Units allowed in non-residential buildings.
9.40.019.040 Standards.
9.40.019 – Non-residential Junior Accessory Dwelling Unit JADU Pilot Program
9.40.019.010 - Purpose.
As a result of COVID-19, a substantial number of individuals, who previously routinely worked in offices and other non-residential buildings, found that working from home is both more convenient and equally productive. Also, the economic effects of COVID-19 resulted in a number of businesses downsizing or going out of business entirely.
Because of their typically smaller size than conventional residential dwelling units, JADUs can be rented at below market rates. There is an inventory of otherwise safe but unused or underutilized non-residential space that could be made available as housing except that it is restricted to non-residential uses by zoning laws and general plan provisions.
Making this space available for use by individuals needing affordable housing could substantially alleviate Richmond’s shelter crisis, which was adopted by the City Council as Resolution 79-018 on October 2, 2018.
9.40.019.020 – Definitions.
(a) Junior Accessory Dwelling Unit (JADU) shall have the same definition as defined in
15.04.610.020.
9.40.019.030 - Junior Accessible Dwelling Units allowed in non-residential buildings. (a) As long as there is a Shelter Crisis in effect as declared by the Richmond City Council, Junior Accessory Dwelling Units shall be allowed in non-residential buildings.
9.40.019.040 - Standards.
(a) Junior Accessory Dwelling units in non-residential buildings shall conform to the following:
15.04.610.020.D.5.b
15.04.610.020.D.5.h
15.04.610.020.D.5.i
3 (b) 15.04.610.020.A shall apply, except there shall be no application fee. (c) 15.04.610.020.B shall apply, except the time for approval shall be less than 30 days. (d) 15.04.610.020.E shall apply.
(e) 15.04.610.020.D.5.j shall apply.
(f) Appendix X and O shall apply as applicable.
SECTION 2. SEVERABILITY CLAUSE
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phr ase of th is Ordinance irrespective of the unconstitutionality or invalidity of any s ection, subsection, subdivision, paragraph, sentence, clause or phrase.
SECTION 3.
This ordinance shall be effective thirty days after passage and adoption.
First introduced at a regular meeting of the City Council of the City of Richmond held _________, 2022, and finally passed and adopted at a regular meeting held _______, 2022 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
4 ______________________
Mayor
Approved as to form:
______________________
City Attorney