April 18, 2023
Community Development
DATE: April 18, 2023
TO: Mayor Martinez and Members of the City Council
FROM:
Lina Velasco, Director of Community Development
Hector Rojas, Planning Manager
Roberta Feliciano, Senior Planner
Subject:
Zoning Ordinance and Zoning to codify the Richmond
Livable Corridors Form-Based Code (FBC) as new
Series 15.04.400 in the Richmond Municipal Code
(RMC), and related consistency amendments
FINANCIAL IMPACT: There is no cost to the General Fund associated with adopting this Ordinance. This rezoning effort is funded by an SB 2 grant from the California Department of Housing and Community Development (HCD).
PREVIOUS COUNCIL
ACTION:
On April 4, 2023, the City Council held a public hearing and introduced (first reading) an ordinance amending the Zoning Ordinance and Zoning to codify the Richmond
Livable Corridors Form-Based Code (FBC) as new
Series 15.04.400 in the Richmond Municipal Code
(RMC), and related consistency amendments.
STATEMENT OF THE
ISSUE:
As part of the Zoning Update, completed in 2016, the City reserved Series 400 in Article 15, Zoning & Subdivisions of the Richmond Municipal Code to establish new Form-
Based Code Zoning Districts. The proposed Zoning Text
Amendments would add a new Chapter 15.04.400 Form-
Based Code to the Richmond Municipal Code to
establish new transect zones that comply with the land
use classifications established in the General Plan 2030, amend the Zoning Map to rezone certain properties using AGENDA
REPORT
April 18, 2023
the Form-Based Code transect zones, and establish new
architectural and development standards for these
transect zones. Related Amendments to Series 100 and
800 are also included to reflect the new Series 400 within Article 15 of the RMC. The project includes adoption of an Addendum to the General Plan 2030 Environmental
Impact Report (EIR).
RECOMMENDED ACTION:
ADOPT an ordinance (second reading) adopting the
proposed Zoning Text and Map Amendments adding a
new Series 15.04.400 Form-Based Code Zoning Districts
in the Richmond Municipal Code (RMC) and Zoning Map,
as well as associated amendments to Series 100 and
800 of the RMC – Community Development (Lina
Velasco/ Hector Rojas 510-621-1220/ Roberta Feliciano
510-620-6662).
BACKGROUND:
In November 2019, the City Council adopted Resolution No. 109-19 authorizing City staff to submit an SB2 application to the Form-Based Code adoption. In 2020, the City received the SB 2 Planning Grant from the California Department of Housing and Community Development (HCD) to update and integrate the previously prepared Form- Based Code (“FBC”) into the Zoning Ordinance. The grant program provides funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production consistent with the State’s Planning Priorities. This work builds upon the draft FBC that was developed in 2015 with funding from a Sustainable Communities Planning Grant from the California Strategic Growth Council. The work was delayed at the time to integrate the form-based code into the Zoning Update that was underway to align with the General Plan 2030.
The City Council at the time approved Resolution No. 91-16 directing City staff to integrate portions of the draft FBC into the Richmond Municipal Code (RMC).
The proposed zoning amendments adopting the form-based zoning districts and standards would replace the existing zoning and associated development standards supporting a more walkable urban environment and creation of ‘complete neighborhoods’ as envisioned by the General Plan 2030. The City opted to do a FBC because it reinforces walkable, sustainable, mixed-use environments and development, and builds upon the character of a place. As noted by the Form-Based Codes Institute, “form-based codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. They are regulations, not mere guidelines, adopted into city or county law. Form- based codes offer a powerful alternative to conventional zoning.”
April 18, 2023
An extensive outreach process was undertaken to gather community input in the development of the 2015 draft FBC as summarized in the Richmond Livable Corridors Charrette Summary Report (2012). As part of this work to update the FBC for integration into the RMC, the City hosted additional virtual community meetings, including one on November 4, 2020, to gather input and address questions. In addition, on June 24, 2021, a special presentation was also made to the Richmond Heights Neighborhood Council. Comments during the neighborhood council presentation were positive and residents were excited to learn about the types of development envisioned along San Pablo Avenue.
DISCUSSION:
As noted in the introduction of the FBC, “the [FBC] reflects the community vision for implementing the intent of the General Plan to create walkable mixed-use neighborhoods. [The] Form-Based Code standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the General Plan. The FBC is based on initial documentation and analysis of the existing conditions at the macro (citywide) and micro (street and block) scales. The results of this analysis helped to classify the different types of places in Richmond and calibrate their subsequent standards. [The] Form-Based Code is also based on the input received by the community throughout the process to ensure that the standards in [the] Code reflect the community's vision for the future of their community as documented in the General Plan 2030 (2012), 23rd Street Corridor Charrette Summary Report (2009), and Richmond Livable Corridors Charrette Summary Report (2012).
Summary of Proposed Zoning Text and Map Amendments
Series 15.04.400 Form-Based Code Zoning Districts (see Exhibit A to Attachment 1) would be a new chapter under Article 15, Zoning and Subdivisions, that would supersede the existing zoning regulation for the sites proposed to be rezoned using the new form-based code zoning district (a.k.a. transect zones), except where the Zoning Ordinance is specifically referenced. The proposed zoning text amendments will also make corresponding amendments to Articles 15.04.100 and 15.04.800 to include references to new Series 15.04.400 addressing new zones, definitions, and procedures.
New Series 15.04.400 Form-Based Code Zoning Districts is divided into the following components:
1. The Preamble Article provides the overall intent of this Form-Based Code as it is applied within the City and provides an overview of the standards contained within.
2. The Transect Zones Article provides regulatory standards governing building form and land use within the transect zones. The standards in this Article are a reflection of the community's vision for implementing the intent of the General
April 18, 2023
Plan to preserve natural areas, to create walkable mixed-use neighborhoods, and vibrant mixed-use corridors. They are intended to ensure that proposed development is compatible with existing and future development on neighboring properties and produces an environment of desirable character.
3. The Building Types Article sets forth the standards applicable to the development of each building type. These standards supplement the standards for each zone that the building types are allowed within. These standards are intended to ensure development that reinforces walkability, relationships within the built environment, and the highly-valued existing character and scale of Richmond’s historic neighborhoods and downtown. Additionally, these standards are intended to allow creation of new developments that create new walkable neighborhoods.
4. The Frontage Types Article sets forth the standards applicable to the development of private frontages. Private frontages are the components of a building that provide an important transition and interface between the public realm (street and sidewalk) and the private realm (yard or building). These standards supplement the standards for each transect zone that the frontage types are allowed within. For each frontage type, a description, a statement of the type’s intent, and design standards are provided. These standards are intended to ensure development that reinforces the highly-valued existing character and scale of Richmond’s neighborhoods and downtown.
5. The Architectural Standards Article sets forth objective design standards that support the transect zone standards to further refine the intended building form and physical character.
6. The General to Large Sites Article sets forth standards that generate a walkable environment through the establishment of new blocks and thoroughfares and that provide a set of civic space types and their associated standards to use within the transect zones.
It is not the intent of this ordinance to affect the rights to build out a project under the prior land use and zoning regulations for property owners and/or applicants who have approved design review, use permits, tentative maps and parcel maps or other entitlements, or have obtained the necessary building permits prior to the effective date of this ordinance. Applications consistent with the General Plan and deemed complete by the Zoning Administrator prior to the effective date of this ordinance may continue to be processed under the zoning in effect on the “deemed complete” date or have the option to conform with the new FBC. This will ensure projects that are current under review would not have to adjust their applications mid-process.
Architectural Standards
The Architectural Standards are a critical component of the Form-Based Code. It allows the City to develop objective design standards that all new development is required to
April 18, 2023
meet. The Architectural Standards establish objective standards to streamline project review.
The Architectural Standards provide an overview of some of the architectural styles that are endemic to the City of Richmond, the Bay Area, and the Northern California region.
Each style is described, listing some of its typical characteristics and providing photographic examples for each. These descriptions represent a broad sampling of each architectural style and are not intended to be inclusive.
Styles included in the Architectural Standards are:
• Contemporary
• Main Street
• Victorian
• Spanish Revival
• Art Deco
• Industrial
The Architectural Standards identify the key characteristics of the above architectural styles to enable building design that is rooted in the unique aspects of Richmond. They also give reviewers of projects a tool to assist with: 1) Reviewing proposed projects in an objective manner; and 2) Providing a foundation to create clear feedback and comments based on content of the Architectural Standards. This is paramount given the many changes to State housing laws.
The designer of a building would use Architectural Standards by picking one of the architectural styles, study its elements, and use the standards to direct them in designing an appropriate building for their project and specific site.
Study Sessions
In addition to the community input sessions, staff also held several publicly noticed study sessions with the Design Review Board and Planning Commission to receive input on the draft zoning text amendments. On December 8, 2021, the Design Review Board (DRB) held a study session to provide feedback and comments on the draft FBC and related transect zoning map. The Board Members requested that the FBC return to a future board meeting dedicated to discussing this item only. A Special DRB Meeting to discuss the FBC was held on March 4, 2022. On August 10, 2022, the Design Review Board held another study session to review the final draft Zoning Text and Map Amendments. The general feedback was positive with a request to allow up to fifty percent of frontages in the T5C transect zone to be residential, and this has been integrated into the proposed zoning text amendments.
On March 31, 2022, the DRB and PC met during a FBC working session to finalize comments on the draft FBC. Feedback from the DRB and PC has been incorporated to include residential uses on the ground floor, entrances along street frontages, and additional clarification architectural standards.
April 18, 2023
Planning Commission Recommendation
On January 6, 2022, the Planning Commission (PC) held a study session to provide feedback and comments on the draft FBC, architectural standards and transect zoning map.
Pursuant to RMC Article 15.04.814, Amendments to Zoning Amendments Map and Text, amendments must be considered by the City Council with a recommendation from the Planning Commission. At the September 1, 2022, Planning Commission meeting, the Planning Commission made a recommendation to the City Council to adopt the recommended amendments to Article 15 and related Zoning Map amendments.
ENVIRONMENTAL REVIEW:
The City of Richmond (City), acting as Lead Agency, certified an Environmental Impact Report (EIR) (State Clearinghouse # 2008022018), as part of General Plan Update in 2012. The City has prepared an Addendum to the 2012 EIR (see Exhibit C to Ordinance), which describes the proposed project and compares its impacts to those identified in the 2012 General Plan EIR. The analysis demonstrates that the proposed project does not require the preparation of a subsequent or supplemental EIR per the requirements of the California Environmental Quality Act (CEQA) statutes (Public Resources Code [PRC] Section 21000 et seq.) and the CEQA Guidelines (California Code of Regulations 15000 et seq.).
The 2012 EIR analyzed the impacts associated with implementation of the General Plan. The Form Based Code Project would not result in substantial changes or involve new information not already analyzed in the 2012 EIR because the level of development under the Form Based Code is within the development assumptions analyzed in the 2012 EIR. The Proposed Project would not cause new significant impacts not previously identified in the 2012 EIR or result in a substantial increase in the severity of previously identified significant impacts. No new mitigation measures would be necessary to reduce significant impacts. The City is not aware of any substantial changes in the circumstances that would cause a new significant impact or substantially increase the severity of a previously identified significant impact requiring major revisions to the General Plan EIR. New significant environmental impacts or a substantial increase in the severity of previously identified significant effects would not occur, and there is no substantial evidence in the record that shows that the Proposed Project would cause any significant environmental impacts. Therefore, no supplemental environmental review is required in accordance with Public Resources Code Section 21166, and CEQA Guidelines Sections 15162 through 15164.
Based on the foregoing and the detailed analyses and conclusions set forth in this document, the analysis, findings, and conclusions of the 2012 EIR included the potential environmental effects associated with the Proposed Project and none of the criteria calling for preparation of a subsequent EIR or negative declaration under Sections 15162 have occurred. The information and analysis presented in this environmental
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review document supports the determination that the Proposed Project meets all requirements under CEQA Guidelines Sections 15164 and that the CEQA review required for the Proposed Project is an Addendum to the 2012 EIR. Therefore, this CEQA analysis makes findings of consistency with Sections 15164. Accordingly, no supplemental environmental review is required in accordance with CEQA Guidelines Sections 15164.
CONCLUSION:
City staff recommends that the City Council adopt (second reading) the subject ordinance adopting Zoning Text and Map Amendments to add a new Series 15.04.400 Form Based Code Zoning Districts, including Articles 15.04.401 to 15.04.406 in the Richmond Municipal Code, and related consistency amendments.
DOCUMENTS ATTACHED:
ATTACHMENT 1: Draft Ordinance
EXHIBIT A: Proposed Zoning Text Amendments to add Series 15.04.400 Form-Based Zoning District and related zoning text amendments
EXHIBIT B: Proposed Rezone Map for new FBC Transect Map EXHIBIT C: EIR Addendum (click link)
CC: Richmond Neighborhood Coordinating Council (RNCC)