1 Attachment 1
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RICHMOND
AMENDING THE ZONING MAP AND RICHMOND MUNICIPAL CODE (RMC)
15.04 (ZONING AND SUBDIVISION REGULATIONS) TO ADD NEW SERIES
15.04.400 FORM BASED CODE ZONING DISTRICTS, CONSISTING OF ARTICLES 14.04.401 TO 15.04.406, AND RELATED CONSISTENCY
AMENDMENTS
WHEREAS, the general plan is the City’s constitution for futu re development and any decision by a City affecting land use and development must be consistent with the general plan; and
WHEREAS, Chapter 15.04 of the Richmond Municipal Code provides that “the zoning ordinance whose purpose is to regulate existing uses and uses contemplated in the future shall be made consistent with the general plan as required by State Law; and
WHEREAS, on November 15, 2016, the City Council adopted the Z oning and S ubdivision regulations which were updated under comprehensive review and revision in order to ensure that such regulations are consistent with the adopted General Plan 2030 and state and federal laws; and
WHEREAS, proposed Zoning Text and Map Ame ndments to codify the Richmond Livable Corridors Form Based Code (FBC) as new Series 15.04.400 in the Richmond Municipal Code (RMC), including transect zones, building types, frontage types, architectural standards, and general to large site standards; and
WHEREAS, proposed Zoning Text and Map Ame ndments to codify the Richmond Livable Corridors Form Based Code (FBC) include amendments to RMC Sections 1 5.04.101, 15.04.104, 15.04.801, and 15.04.807, incorporated herein by reference as Exhibits A and B; and
WHEREAS, upon completion of an Addendum prepared by Rincon Consultants, Inc., dated May 2022 (Exhibit C), the proposed project is found to be in conformance with the analysis and conclusions o f the General Plan FEIR (State Clearinghouse No. 2008 022018). The Addendum to the General Plan FEIR found that the FEIR adequately anticipated and described the impacts of the proposed project. Consistent with the mandate in the State CEQA Guidelines Sections 15162 and 15168, no further environmental review is required based on the following findings:
2 1. There are no substantial changes in the proposed project that will require major revisions of the General Plan 2030 FEIR;
2. There are no substantial changes with respect to the circumstances under which the project will be undertaken that require majo r revisions of the General Plan FEIR;
3. There is no new information of substantial importance, that was not known and could not have been known, that shows a new or more severe impact than analyzed in the General Plan FEIR, and
4. There are no mitigatio n measures or alternatives that would substantially reduce project impacts, but that the project proponent declines to adopt.; and
WHEREAS, on September 1, 2022, the Planning Commission adopted Resolution No. 22-09 recommending adoption of the proposed Zoning Text and Map Amendments to the Richmond Municipal Code to the City Council and the related EIR Addendum; and
WHEREAS, on April 4, 2023 , the City Counc il held a duly and properly noticed public hearin g to consider the proposed Z oning Text and Map Amendments; and
WHEREAS, the City Council has considered the agenda report , all public comments, the EIR Add endum and the proposed Z oning Text and Map amendments as set forth in this ordinance and the applicable provisions of the Richmond Municipal Code (“the Record”).
WHEREAS, on the ba sis of the applicatio n, plans, materials, and testimony at or be fore the public hearing, the City Council adopts the followin g findings and statements of fact in approving the proposed amendments:
A. The proposed amendment is consistent with the General Plan.
Statement of Fact: Criterion Satisfied. The zoning text and map amendments are consistent with several policies and goals set forth in the Ge neral Plan, such as Variety of Housing Types, Design Guidelines for Quality Housing , Pedestrian and Trans it-Oriented Urban Environment, A Revitalized Downto wn, and An Improved Urban Environment. The zoning text and map amendments are consistent with the land use classifications within the General Plan.
B. The proposed amendment is neces sary for public health , safety, and general welfare or will be of benefit to the public.
3 Statement of Fact: Criterion Satisfied. The proposed zo ning t ext and map amendments include specific architectural standards and development standards that reflect the vision of the Ric hmond General Plan 2030 to create vibrant and walkable urban env ironments. The Architectural Standards are a critical component of t he Form-Based Code that include allowed building types and frontage types . These proposed amendments also develop objective design standards that all new development within the transect zones is required to meet.
These specific objective design standards are a benefit to th e public as t hey would result in a more predictable built environment.
C. The proposed ame ndment has bee n reviewed in compliance with the requirements of the California Environmental Quality Act.
Statement of Fact: Criterion Satisfied. The City of Ric hmond (City), acting as Lead Agency, certified an E nvironmental Impact Report (EIR) (State Clearinghouse # 2008022018), as part of General Plan Update in 2012. The City has prepared an Addendum to the 2012 EIR, incorporated herein by reference as Exhibit C , which describes the propos ed project and comp ares its impa cts to those identified in the 2012 Ge neral Plan EIR. The analysis demonstrates that the pro posed project does not require the preparation of a subsequent o r supplemental EIR per the requirements of the California Environmen tal Quality Act (CEQA) statutes (Public Resources Code [PRC] Section 2 1000 et seq.) and the CEQA Guidelines (California Code of Regulations 15000 et seq.).
D. For a change to the Zoning M aps, that the s ubject property is suitable for the us es permitted in the proposed zone in terms of a ccess, size of parcel, relationship to similar or related uses, and other relevant considerations, and that the proposed change of zoning district is not detrimental to the use of adjacent properties.
Statement of Fact: Criterion Satisfied. The proposed zoning map amendments would assign new transect zones designations replacing the current base zoning designation for properties within the FBC area. The proposed transect zones are consistent w ith the land use classificat ions within the Gen eral Plan . Th ese transect zones are also consistent with the current zoning districts and will not be detrimental to the use of adjacent properties.
NOW, THEREFORE, the Council of the City of Richmond, California does hereby ordain as follows:
SECTION I. Municipal Code Amendments.
The City Council of the City of Richmond does ordain as follows:
Sections 15.04.101, 15.04.104, 15.04.400, 15.04.801, and 15.04.807 of the City of Ric hmond Municipal Code are hereby amended as shown in Exhibit A
4 (strikeout text indicates deletion; underline text indicates insertion) per and the Zoning Map is amended as shown in Exhibit B, Rezone Map.
SECTION I I. Severability. If any section, subsectio n, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, the remaining portions of this Ordinance shall remain in full force and effect. The City Council here by declares that it would have pa ssed each section, subsection, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, paragraph, sentence, clause or phrase.
SECTION III. Effective Date. This Ordinance becomes effectiv e thirty (30) days after its final passage and adoption.
Exhibit A: Zoning Text Amendments
Exhibit B: Rezone Map
Exhibit C: EIR Addendum
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First introduced at a regular meeting of the City Council of the City of Richmond held April 4, 2023 , and finally pas sed and adopted at a regular meeting held _________________, 2023 by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
_____________________________
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
______________________
Mayor
Approved as to form:
______________________
City Attorney