Richmond City Council
May 19, 2026

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 5 Vice Mayor Robinson Patrick Seals (CMO) In developing these recommendations, did Dr. Mia meet with City Council Members to better understand the role of elected officials in the budget development process and their responsibility to respond to and address community concerns? Dr. Mia Settles-Tidwell and City staff understand that City Councilmembers regularly receive inquiries and requests from constituents and community stakeholders, and that responding to those concerns is an important part of their role. At the same time, staff have experienced a significant increase in the volume and complexity of requests submitted directly by individual Councilmembers, including requests that involve work products or analyses intended for consideration by the full City Council. While staff are committed to supporting the City Council, the current volume of requests has created operational challenges and has affected staff capacity to advance adopted Council priorities and carry out day-to-day departmental responsibilities. Establishing a more structured process for submitting and prioritizing Council requests would help ensure that staff resources are aligned with the City Council’s collectively adopted goals and work plan. 6 Vice Mayor Robinson Nickie Mastay/Emily
Combs (Internal Services/Finance)
Are there any outdated or unused positions that could potentially be removed from position control to help streamline operations? City staff has analyzed this and determined that positions may be utilized to support City goals and priorities in the upcoming fiscal year based on strategic hiring. 7 Vice Mayor Robinson Patrick Seals (CMO) Which City commissions could be considered for consolidation or elimination to improve efficiency and reduce duplication of effort, and what specific actions could the City Council take to support and facilitate a commission streamlining process? A preliminary recommendation from staff is to end any Board or Commission that has not met consecutively for the last three months. Staff will bring forward a formal recommendation early in the next fiscal year.
8 Vice Mayor Robinson Patrick Seals (CMO) Would it be feasible to consolidate the Race and Equity-related commission functions with the Black Resiliency Fund governance structure, and how would such a consolidation impact the scope, accountability, and effectiveness of each body within the City’s broader equity framework? Yes, staff can evaluate the potential consolidation of the Race and Equity initiative with the Black Resiliency Fund for efficiency and alignment of resources. 9 Vice Mayor Robinson Mubeen Qader
(Finance)
Can an overtime analysis be provided that identifies current overtime trends, primary cost drivers, and departments with the highest utilization, along with an assessment of potential cost savings associated with strategies to reduce overtime expenditures? Yes, reducing overtime can generate cost savings; however, the ability to reduce overtime varies depending on operational requirements, staffing levels, and service demands.

A significant portion of the City’s overtime occurs in public safety departments, where minimum staffing requirements, emergency response, investigations, training, and backfilling for vacancies or leave require 24/7 staffing coverage. In these cases, some overtime is operationally necessary to maintain service levels and meet contractual, legal, and public safety obligations.The proposed FY 2026-27 budget already includes efforts to reduce overtime costs where feasible, including an approximately 14 percent reduction in sworn overtime projections based on updated staffing assumptions and operational trends. The reduction is primarily based on the assumption that the Police Department will continue progressing toward full staffing in FY 2026–27. To the extent staffing levels are not achieved as projected, associated vacancy savings would help offset higher overtime costs.Recent budget updates also reflect that sworn overtime has already been adjusted to align with actual demand for service, confirming that current overtime usage reflects operational necessity rather than discretionary spending. Year-to-date overtime actuals from July through March have also trended downward, from approximately $3.53 million in FY 2024–25 to approximately $3.04 million in FY 2025–26.

Overtime data is regularly provided to the City Council through monthly financial reporting, including the City’s Investment and Cash Balance Report, Monthly Overtime Reports, Documentary Transfer Tax Report, and OPEB and Pension Reports. Staff will continue monitoring overtime trends to identify opportunities to improve scheduling and reduce avoidable overtime where operationally feasible while maintaining essential City services.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 10 Vice Mayor Robinson Mubeen Qader/Jerry
Gurule (Finance)
Can recommendations be provided for potential cost-saving opportunities across the organization, prioritized in approximate order of ease of implementation (from most immediately achievable to most complex or long-term), with an understanding that the sequencing may be preliminary or estimated? The proposed strategies represent policy-level guidance for adoption by the City Council; however, additional analysis would be required before specific cost savings can be quantified.Many of these ideas may provide opportunities for long-term operational efficiencies or cost savings; however, pursuing and implementing these initiatives often requires significant staff time and effort beyond day-to-day operations and ongoing special projects.Personnel costs make up the majority of the City’s operating expenditures and are directly tied to the delivery of core public services. As a result, meaningful long-term cost savings typically require balancing operational impacts, staffing needs, service levels, and organizational priorities. Non-personnel expenditures make up a smaller portion of the General Fund budget, but there may still be opportunities to improve efficiency and reduce costs over time.Potential opportunities for cost savings and operational efficiencies include:
a.Evaluate Early ReƟrement IncenƟve Programs: Evaluate whether targeted early reƟrement incenƟve programs may create opportuniƟes for long-term salary and benefit savings while balancing operaƟonal continuity, institutional knowledge, and service delivery impacts. b.UƟliƟes and TelecommunicaƟons Audit: Review uƟlity usage, telecommunicaƟons services, inacƟve lines, billing discrepancies, and departmental allocaƟons to idenƟfy potenƟal savings opportuniƟes.c.Technology and Process Improvements: ConƟnue improving internal workflows, automaƟon, Enterprise Resource Planning (ERP) soŌware funcƟonality, and digital processes to improve efficiency and reduce manual work.d.Long-Term Financial Strategies: Evaluate opportuniƟes related to investment management, pension and OPEB funding strategies, liquidity management, and debt restructuring opportuniƟes where appropriate and financially beneficial. Examples may include integrating cash, investments, debt, and pension/OPEB management into a more unified treasury strategy; strengthening Section 115 Trust funding to improve long-term financial flexibility; enhancing investment strategies and liquidity monitoring to improve returns while maintaining adequate cash flow; and evaluating refinancing or restructuring opportunities, such as the Civic Center Bond, to support future capital needs and reduce long-term cost escalation. e.Fleet & Asset UƟlizaƟon OpƟmizaƟon: Implement data driven fleet and asset management pracƟces to reduce ownership and operaƟng costs. Strategies may include assessing underuƟlized vehicles and equipment for potential reduction, consolidating specialized assets across departments, improving preventative maintenance scheduling, and adopting telematics to track usage and right size the fleet. Optimizing lifecycle management, resale timing, and shared use models can generate meaningful long term savings while maintaining operational readiness. 11 Vice Mayor Robinson Chief Simmons (PD) Can the current use of temporary holding facilities be described in greater detail, including how many positions are affected, in which departments this practice is occurring, the duration and frequency of these assignments, and the operational or budgetary impacts, in order to clarify the overall scope of the issue? Our temporary holding facility is a critical operational component that enables Richmond Police Department officers to efficiently process and book arrestees locally before transporting them to the Martinez Detention Facility. This process significantly reduces the amount of time patrol officers are out of service and unavailable to respond to calls within the city.

Currently, when an officer must personally transport and book an arrestee in MarƟnez, the average Ɵme that the officer is out of service is nearly two hours. By using our temporary holding facility and dedicated professional staff, officers can quickly return to patrol duties while holding staff conduct scheduled transport runs to Martinez. This model greatly improves patrol staffing availability and operational efficiency. At present, the temporary holding facility is staffed by six professional staff members. However, the unit is experiencing significant staffing challenges: One employee is currently out on injury leave; one employee is out on long-term sick leave; and one employee is still in training and is not yet able to work independently. Additionally, I do not anticipate the employee on injury leave returning to the department, and the employee on long-term sick leave is currently applying to become a police officer. As a result, the unit is operating effectively with minimal staffing.Without timely backfilling of these positions once they become vacant, there is a substantial risk that the temporary holding facility may be forced to reduce operations or close intermittently due to insufficient staffing. If that occurs, patrol officers would once again be required to leave the city for extended booking trips to Martinez, negatively impacting response times, patrol visibility, and overall service delivery to the community. 12 Vice Mayor Robinson Chief Simmons (PD) What reductions or reallocations within the City budget would be necessary to accommodate staffing levels recommended by the Grand Jury, given that approximately 35% of the budget is currently allocated to public safety, and what service impacts or tradeoffs would likely result from those adjustments? This is a policy question determined by City Council. City Council must balance the budget while taking into consideration Community Services, Public Works, Community Development, and Public Safety.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 13 Vice Mayor Robinson Chief Simmons (PD) Given that the City previously experienced its highest crime and homicide rates during a period with the largest number of sworn officers, how can the City design a public safety strategy that focuses on measurable crime reduction outcomes rather than simply increasing sworn staffing levels, and what planning approaches or performance metrics should be used to ensure staffing decisions are tied to actual reductions in crime and improved community safety? While homicide rates are certainly an important metric when evaluating public safety trends, they represent only one component of a much broader picture. There are many additional indicators that shape residents' sense of safety in their community, including violent crime trends, property crime, response times, visible disorder (blight, graffiti, ECT), traffic safety, quality-of-life concerns, and the level of trust and engagement between the community and the police department.Crime reduction should not be approached solely through increasing sworn officer staffing levels without a corresponding operational strategy. Instead, the objective should be to design a police department with the capacity, flexibility, and community partnerships necessary to effectively prevent crime, address underlying contributing conditions, and sustain long-term public trust.A key component of that strategy is ensuring the department is staffed sufficiently to allow officers time to engage proactively, not just respond reactively from call to call. When staffing levels are critically low, officers spend nearly all their time responding to 911 calls and handling immediate crises, leaving little opportunity to build meaningful relationships with neighborhoods, businesses, schools, faith leaders, youth organizations, and community stakeholders. Those relationships are critically important because they ultimately lead to trust, cooperation, information sharing, and collaborative problem-solving.

In the broader picture, it is also my goal that officers have the time and operational capacity to work collaboratively with community-based organizations, social service providers, schools, and other City departments to address the root causes of crime and quality-of-life issues. This philosophy is codified in the Richmond Police Department’s mission statement and has long been part of Richmond’s communityoriented policing model.Modern policing strategies are most effective when they combine targeted enforcement with prevention, intervention, relationship-building, and data-informed deployment strategies. That includes:
•Focusing resources on repeat violent offenders and high crime locations. •Investing in investigative capacity to improve clearance rates and accountability. •Using technology and data analysis to deploy resources strategically. •Partnering with community organizations and violence prevention programs. •Supporting youth intervention and diversion efforts. •Improving officer wellness and retention to maintain experienced personnel; and •Ensuring patrol officers have adequate time for proactive engagement and problem-solving. Ultimately, the objective is not simply to grow the department's size, but to build a sustainable public safety model that balances enforcement, prevention, accountability, and community partnerships in a way that meaningfully reduces crime and improves residents’ quality of life. 14 Vice Mayor Robinson Chief Simmons (PD) How many officers would you need to have a functional investigations department? Could these be from the existing budgeted positions or would they need to be new positions and why? The department is currently budgeted for 147 sworn officer positions, and we currently have approximately 129 officers staffed. Before we can fully evaluate expanding specialty assignments or significantly growing our investigations division, we must first hire to our currently authorized staffing level and stabilize core operations.It is also important to understand that police staffing is not an immediate process. When we hire a new officer, that individual must first complete the police academy, which takes approximately 6½ months. After graduating from the academy, the officer must complete an extensive field training program that generally lasts an additional 5–8 months before they can work independently and provide solo police services to the community. As a result, the average timeline from hiring to full operational deployment is approximately 14 months. Additionally, staffing projections are impacted by several factors, including:

Injuries and extended leave.
•Officers who do not successfully complete probaƟon. •Recruits who do not pass the police academy; and •AƩriƟon due to reƟrements or resignaƟons.

With respect to investigations specifically, a functional investigations division requires sufficient staffing not only to investigate violent crime and complex cases, but also to maintain proactive follow-up, victim support, case management, intelligence-sharing, and partnership work with prosecutors and allied agencies. However, specialty assignments, such as investigations, are often the first areas affected when patrol staffing is critically low, because personnel must be reassigned to maintain minimum patrol operations and emergency response capabilities. To properly staff patrol, I need approximately 10 more working solo officers and approximately 8 more experienced officers who can be assigned to investigations. For that reason, my current position is that we should first focus on hiring to the existing authorized strength of 147 officers, stabilize patrol operations and specialty assignments, and then reevaluate the longterm needs of the City and the Police Department at that time. Once we achieve staffing stability, we will be in a much better position to assess whether additional investigative positions are needed beyond the currently budgeted staffing levels and what deployment model would best support long-term crime reduction strategies.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 15 Vice Mayor Robinson Daniel Chavarria (PW) How can the City establish the previously approved $10 million allocation for paving as a baseline minimum in the ongoing budget process, and what mechanisms (e.g., policy adoption, multi-year budgeting framework, or maintenance funding strategy) would be needed to ensure this level of investment is sustained as the “new normal” for pavement maintenance? Yes, approximately $10M was allocated to pavement in FY 2025-26. However, the ongoing baseline pavement funding is approximately $6.3M from Highway User Tax Account (HUTA) and Senate Bill 1. The remaining amount was funded from available fund balances in Gas Tax, Measure J, and General Capital as a one-time allocation for the Cape Seal project. To make $10M the new annual minimum for paving, the City would need to identify approximately $4M in additional ongoing funding each year, either from the General Fund or another sustainable source. It is also important to clarify what a $10M annual paving budget achieves. Based on the pavement model, even with an annual pavement budget of $10M, the City’s Pavement Condition Index, or Pavement Condition Index (PCI), is projected to drop from 59 to approximately 53 in 10 years. The current $6.3M baseline is projected to drop further, to 48, while an $18M annual paving program performs substantially better over the same period, increasing the PCI to 64.

In addition, Public Works is bringing the Complete Streets Improvement Elements Project Funding Allocation Plan to City Council on May 19. If Council approves the recommended allocation, pavement investment this fiscal year would increase by an additional $3.67M. This would come from the previously appropriated $6.27M Complete Streets Improvements project funds. The proposed pavement allocation includes $1.67M for citywide paving near Boorman, Wendell, and Shields-Reid Parks, and $2.0M for localized pavement and striping improvements along Richmond Parkway.Staff support establishing a higher annual paving baseline, but that requires an ongoing funding policy decision. One-time allocations help accelerate work each year, but they do not create a sustainable annual paving program by themselves. Staff recommend that the City Council limit the number of new program requests in order to align expenditures with available financial and staffing resources. Prioritizing core services and critical operational needs will help ensure long-term fiscal sustainability and efficient allocation of City resources. 16 Vice Mayor Robinson Daniel Chavarria (PW) Staff has emphasized that no new projects should be initiated and that the focus should remain on completing work already on the table first. However, a Parks and Recreation Commission update indicated that a new Parks Master Planning process is proposed to begin this year. Given the significant staff and community capacity required for such an effort, and the number of existing assessments that are still in progress, what is the rationale for initiating a new master planning process at this time, and how does this align with the City’s current prioritization of completing existing work before launching new initiatives? Response is incorporated into the question below.
17 Vice Mayor Robinson Daniel Chavarria
(PW)/Lina Velasco (Community Development)
Is a new parks master plan included in your budget request? If so how much? There is a distinction between adding new capital projects and undertaking planning work that helps prioritize future investments. Staff’s recommendation was that the City should not continue adding new discretionary capital projects to the current delivery pipeline without considering sequencing, funding availability, and staff capacity. The Parks Master Plan supports the Programmatic Approach by helping staff and City Council organize existing park needs, evaluate service gaps, establish priorities, and create a more transparent framework for future parks investments.

At the Recreation and Parks Commission, staff presented the following sequence: complete current projects, plan for requested projects, update the Parks Master Plan, establish the Parks and Open Space Program, and update standards and guidelines. The same presentation also identified a future workplan concept that would limit the number of parks under renovation at one time to help maintain service levels. Staff’s intent is to sequence this carefully. Most current park projects are anticipated to be completed by fall 2026. Early work on the Parks Master Plan update for next fiscal year is anticipated to consist of project scoping, Request for Proposal (RFP) preparation, and possible consultant selection. Project kick-off and community engagement would occur likely in FY 2027-28. Staff is proposing doing engagement for the Park Master Plan in conjunction with the General Plan update which includes a Parks and Recreation Element, Community Health and Wellness Element, and Open Space and Natural Resources Element. Coupling these efforts will ensure the Parks Master Plan is integrated into the City’s long-range planning goals and implementing actions. The Project Scope and RFP issuance will be coordinated closely with Community Development. Given the anticipated timing of the Parks Master Plan update, no funding is being requested in the FY 2026-27 budget. Depending on the final scope for the project, staff estimate the cost to be approximately $300,000 to $400,000. Finance confirmed that the existing parks funding was not originally allocated specifically for a Parks Master Plan; it was identified for Boyd Park, Rain Cloud Park, City-wide playground equipment upgrades, play structure replacement, and bathroom assessments.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 18 Jimenez Lina Velasco
(Community Development)
In the context of the Macdonald Avenue Task Force, additional housing development, revenue enhancement, and downtown revitalization efforts, what is the current staffing level in the Housing Division, and is that staffing level sufficient to support the City’s existing and anticipated workload in these areas? There are currently three filled positions and one vacancy in the Housing Division. Staffing levels are sufficient for current programs and grant-funded projects; however, additional projects or program expansions would generate the need for more staff and require a revenue source or grant funds to cover the additional costs of hiring personnel. 19 Jimenez Lina Velasco
(Community Development)/ Patrick Seals ( CMO)
Does Community Development have proper staffing levels to accomplish the goals that were shared tonight? Additional staff is needed in all divisions; however, current revenues are not sufficient to cover additional staffing levels. 20 Jimenez Daniel Chavarria (PW) $10 million was allocated in paving this year, is that correct?
Yes. For FY 2025-26, approximately $10M was allocated for paving. The ongoing baseline pavement funding is approximately $6.3M from Highway User Tax Account (HUTA) and SB 1, and the remainder came from available balances in Gas Tax, Measure J, and General Capital as a one-time allocation. In addition, if City Council approves the Complete Streets Improvement Elements Project Funding Allocation Plan on May 19, 2026, pavement investment this fiscal year would increase by another $3.67M. That amount is part of the previously appropriated $6.27M Complete Streets Improvements project funding and would not create an additional General Fund impact. It is also important to clarify what a $10M annual paving budget achieves. Based on the pavement model, even with an annual pavement budget of $10M, the City’s Pavement Condition Index, or PCI, is projected to drop from 59 to approximately 53 in 10 years. The current $6.3M baseline is projected to drop further, to 48, while an $18M annual paving program performs substantially better over the same period, increasing the PCI to 64. 21 Wilson Daniel Chavarria (PW) CIP scores are provided for 57 projects; however, the funding status for each project is not clearly identified, and the phasing plan is not readily discernible. Specifically, it is unclear which projects are funded in Year 1, Year 2, Year 3, and beyond, as well as what is proposed for funding in the upcoming fiscal year. Please clarify the funding status and multi-year implementation schedule for the identified projects? Staff agrees that the next step is to make the Capital Improvement Program (CIP) scoring easier to connect to funding status and timing. The scores are helpful, but City Council also needs to see whether a project is funded, partially funded, unfunded, in planning, in design, in construction, grant-dependent, or not yet ready for implementation.The CIP and major Public Works capital priorities are scheduled for discussion on May 26, 2026. For that discussion, staff should work toward presenting the projects in a clearer format showing: project score, current phase, funding status, funding source, estimated cost, readiness, and proposed year of implementation. 22 Wilson Patrick Seals (CMO) Councilmembers will bring ideas and I don’t expect for everything to be implemented, can staff come up with ideas on tracking, prioritizing, and establishing timelines, maybe that will help reduce pressure on staff? It would be helpful for the City Council to review all City Council requests from January 2025 to present to prioritize initiatives and potentially defer or remove items based on available staffing and financial resources. City staff are currently focused on several major operational and capital priorities, including the Coordinated Outreach Referral, Engagement (CORE) services, Veolia contract implementation and oversight, parks improvements, innovation initiatives, completion of the library renovation project, implementation of Advanced Life Support (ALS) services, and fire station upgrades. Establishing clear priorities will help ensure staff resources remain aligned with the City Council’s highest-priority goals and critical service needs.Yes. Staff supports developing a structured process to track, prioritize, and establish timelines for Councilmember and resident-generated requests. This would help reduce pressure on staff because requests would not have to be handled informally or repeatedly through separate emails and follow-ups.A good system should include intake, routing, status tracking, prioritization criteria, funding status, estimated timing, and public visibility where appropriate. For transportation and traffic safety, this is already the direction of the Neighborhood Safety and Access Program, which is evaluating more than 500 existing resident requests and moving toward a data-driven five-year program plan.The broader goal is to move requests into a transparent prioritization online system so staff can be responsive without constantly reshuffling active work.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 23 Bana Patrick Seals (CMO) The unhoused community is a major area of responsibility across multiple City departments. Can navigation centers be developed on vacant lots, including consideration of zoning, funding, and site feasibility? How can the City shift its approach to more effectively address homelessness through coordinated, crossdepartmental strategies, and what changes in policy, operations, or resource allocation would be required? Addressing homelessness requires a coordinated regional approach and ongoing collaboration with Contra Costa County, which is the lead agency for many homelessness services, behavioral health programs, housing resources, and funding opportunities. The City can continue to partner with the County and community organizations to evaluate potential strategies, including navigation centers, temporary housing options, and supportive services on available sites where feasible and appropriate. Any long-term solution will require coordination of funding, services, site suitability, operational capacity, and community engagement.
24 Bana Nickie Mastay/Emily
Combs (Internal Services/Finance)
How can the permitting process be streamlined to reduce delays and improve efficiency? The length of time required to issue a permit depends on the scope and complexity of the project. Smaller, routine permits are generally processed more quickly, while larger or multi-disciplinary projects require additional technical review across departments. In addition, staff continue to work closely with the City’s permitting system vendor, iMS, to resolve remaining system issues and implement efficiency upgrades. As reflected in the ongoing Phase II feature development and troubleshooting with the vendor, these improvements are designed to enhance automation, streamline workflows, reduce manual steps, and provide clearer communication for applicants. 25 Bana Patrick Seals (CMO) Can bar charts be used alongside tables to display and visualize data?
Yes, staff can incorporate bar charts alongside tables, when feasible, to improve readability and visual comparison of data. 26 Bana Patrick Seals (CMO) Can values be added next to new programs and projects, and can those items be prioritized based on dollar value (e.g., lower-cost items such as $5K implemented sooner and higher-cost items such as $5M deferred or scheduled later)? Yes, staff can include estimated project costs and use cost as one factor in prioritizing programs and projects. 27 Bana Mubeen Qader
(Finance)/Patric Seals ( CMO)
Why does the City allocate $529,000 to the Rent Program if the City does not have direct oversight or control over its administration and outcomes? On June 17, 2025, the City council approved a Cooperative Cost Pool Agreement with Richmond Rent Board., and per the agreement the City agreed to credit the cost pool charges. City staff recommend that the City Council direct the Deputy City Manager to draft a formal communication to the Rent Program Board requesting the initiation of a workflow and key performance indicator (KPI) study. The purpose of the study would be to evaluate operational efficiency, staffing levels, and service delivery metrics to identify opportunities to streamline operations and reduce ongoing staffing costs.

The recommendation is intended to ensure that the Rent Program’s staffing structure and associated cost pool remain aligned with citywide operational standards and fiscal practices. Over time, the Rent Program’s staffing levels have increased by approximately 30 percent, resulting in corresponding increases to the program’s cost pool and the City’s staffing subsidy. Conducting an independent workflow and KPI assessment would provide data-driven analysis regarding workload demands, operational processes, productivity measures, and appropriate staffing levels. 28 Bana Patrick Seals (CMO) Can a centralized Grant Program Office be established or outsourced to manage grant research and application functions, allowing City staff to focus primarily on implementation and Currently, departments apply for grants directly based on their expertise and programmatic needs, while the Finance Department provides oversight by tracking grant activity, monitoring compliance, and ensuring proper financial reporting and accountability. 29 Bana Daniel Chavarria (PW) Can the Facilities Asset Inventory (assessment) results be shared?
The Facilities Asset Inventory will be presented to City Council on May 26, 2026, or in one of the City Council meetings in July 2026. On May 5, 2026, Public Works staff shared with the City Council major facility repair investments needed at this time. The summary is that 41 general buildings in Richmond require an estimated investment of $28M in repairs and ADA upgrades, while 10 community centers require an estimated investment of $13M in repairs and ADA upgrades. The current total repairs and ADA upgrades for facilities in Richmond is approximately $41M, and does not include cost related to ongoing maintenance. 30 Bana Chief Osario
(Fire)/Patrick Seals (CMO)
Can clarification be provided regarding the absence of the anticipated Fire Chief item from the May 5, 2026, City Council agenda, and confirmation as to whether this position and associated costs are included in the proposed budget? The Wildfire Preparedness Ad Hoc Presentation will be presented at the May 19, 2026, City Council Meeting as part of New Business. If there is a request for funding, City Council can make the request after all the conclusion of departmental budget presentation.

DRAFT CITY COUNCIL BUDGET CHECKLIST
Line Councilmember Staff Assigned Councilmember Question Response 31 Bana Chief Simmons (PD) Has ROCK helped reduce the workload for the Police Department?
The addition of Reach Out with Compassion and Kindness (ROCK) community crisis response program (CCRP) personnel has not yet resulted in a measurable reduction in calls for service related to the Police Department. However, ROCK personnel have assisted Richmond Police Department officers on numerous calls for service and have been extremely helpful and greatly appreciated. Their support has provided valuable assistance to officers in the field, even though RPD officers still respond to many of these incidents alongside them. 32 Bana Josef Munoz (PW) Is there any cost estimate for a sub-station on Hilltop?
Staff does not currently have a verified cost estimate for a Hilltop sub-station for a fire/ALS facility. Once the scope, site assumptions, operating model, staffing needs, and responsible department are defined, staff can develop a rough order-of-magnitude estimate. Just keep in mind that there is more than $41M in repairs and ADA upgrades needs between 41 general buildings and 10 community centers. This does not include any new facility.
33 Bana Daniel Chavarria (PW) Can public safety priorities such as signage and roadway markings (e.g., painting and striping) be prioritized within the City’s maintenance and capital programs.

Yes. Public safety improvements such as signage, striping, pavement markings, crosswalks, and speed management tools can and should be prioritized, especially where there is documented crash history, proximity to schools or parks, high pedestrian activity, or inclusion in a high-injury corridor. The key is to prioritize these improvements through the Local Road Safety Plan, the Neighborhood Safety and Access Program, and the CIP process so we focus limited resources where they will have the greatest safety impact. Some lower-cost improvements may be handled operationally, but larger improvements often require design, funding, procurement, construction timing, and sometimes grant compliance. Is the total pavement value is around $800M, a rough order-of-magnitude estimate for what you are proposing is $50M.

Part of this amount was included in the $18M/yr for paving, but not all of it. 34 Bana Daniel Chavarria (PW) What does term streetscape mean? The term streetscape generally refers to the visible public realm along streets: landscaping, medians, sidewalks, street trees, lighting, benches, trash receptacles, signage, and other features that affect the appearance, safety, accessibility, and usability of a corridor. In the parks/open space context, streetscape includes landscaped areas, medians and public-facing outdoor assets that PW helps maintain outside traditional park boundaries. 35 Mayor Martinez Patrick Seals (CMO) With 684 full-time equivalents (FTEs) currently budgeted, what process is used to determine the allocation of the 13 new positions across departments, and how is alignment ensured with organizational priorities and workload demands? Due to minimum staffing requirement the City Manager is required to hold the remaining positions for sworn police officers.

May 19, 2026
Community Development
DATE: May 19, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Subject: General Plan and Zoning Text Amendments Related to 6th Cycle Housing Element Program Implementation
FINANCIAL IMPACT: There is no financial impact associated with this item.

Adoption of the proposed General Plan and Zoning
Ordinance amendments does not require additional City
funding, and all work related to Housing Element
program implementation is being completed within
existing departmental resources.

PREVIOUS COUNCIL
ACTION:

January 24, 2023

STATEMENT OF THE
ISSUE:

There have been several changes to State law related to residential land uses and streamlined review of housing developments. As part of Richmond’s 6
th Cycle Housing
Element, adopted by the City Council on January 24,
2023, several programs were identified committing the
City to prepare and adopt certain General Plan
amendments and zoning text amendments to bring its
regulations into alignment with changes to State law.

City staff are bringing forward a package of General Plan Amendments and Zoning Text Amendments that
complete the implementation of 11 Housing Element
programs.

RECOMMENDED ACTION: HOLD a public hearing; INTRODUCE (first reading) an ordinance, as recommended by Richmond’s Planning
Commission, amending Articles 15.04.104, 15.04.201,

15.04.202, 15.04.203, 15.04.602, 15.04.607; Sections

15.04.610.180, 15.04.610.360, 15.04.805.040 and
AGENDA
REPORT
1089

May 19, 2026

15.04.806.040 of the Richmond Municipal Code (RMC);
and ADOPT a resolution, as recommended by
Richmond’s Planning Commission, amending the
General Plan 2030 Land Use and Urban Design Element,
to implement certain programs identified in the City’s
adopted 6
th Cycle Housing Element to align with recent
changes to State Law - Community Development (Lina
Velasco/Avery Stark 510-620-6714).

BACKGROUND:

The City’s 6
th Cycle Housing Element (2023-2031) was adopted by the City Council on January 24, 2023, and subsequently found in compliance with Housing Element law by the California Department of Housing and Community Development on October 2, 2023. The City committed to timely and effective implementation of all Housing Element programs. The following zoning text amendments to the Richmond Municipal Code (RMC or Zoning Ordinance) and General Plan Land Use & Urban Design Element (Land Use Element) are proposed to implement 11 programs included in the City’s adopted Housing Element. Many of these programs were identified to align City regulations with recent changes in State law.

Summary of Proposed Amendments
The following listed Housing Element programs outline the key changes reflected in the proposed amendments to the Zoning Ordinance and General Plan Land Use Element.

City staff is proposing amendments to the following RMC Articles 15.04.104, 15.04.201,

15.04.202, 15.04.203, 15.04.602, 15.04.607; Sections 15.04.610.180, 15.04.610.360,

15.04.805.040, and 15.04.806.040; and the General Plan Land Use Element:

Program 1.I Minimum Densities
 Amend the City’s Zoning Ordinance to increase the minimum density standard in the following zoning district: RM-1, RM-2, CM-1, CM-2, and CM-3 zoning districts to 20 dwelling units per acre.

Program 1.L Eliminate Parking Minimums near Transit Consistent with AB 2097  Update the City’s off-street parking standards to comply with current state law, to remove minimum parking requirements on any residential, commercial, or other development projects within one half-mile of public transit (as defined in AB 2097) unless required findings are made as specified in State 2023-2031 Housing Element City of Richmond; and
 Update the City’s definition of “major transit stop” to be consistent with Government Code Section 21155.

Program 1.M Clarify General Plan and Zoning Code Maximum Density 1090

May 19, 2026
 Amend the City’s General Plan to include clarifying text regarding maximum allowed density in the High-Intensity Mixed-Use and Medium-Intensity Mixed-Use designations relative to the CM-5 and CM-4 zoning districts and the Richmond Hills Initiative.

Program 3.A Design Review and Use Permit Process Improvements  Amend the City’s design review criteria and use permit findings to rely on objective design standards and zoning requirements for housing developments instead of subjective criteria/findings.

Program 3.D Density Bonus
 Amend the City’s local density bonus ordinance to ensure consistency with State law by streamlining the provisions and referencing Government Code Section 65915 for ongoing compliance.

Program 3.E Allow Residential Care Facilities Consistent with State Law  Amend the City’s Zoning Ordinance to allow group homes in all zoning districts that allow residential uses, objectively with approval certainty similar to other residential uses of the same form consistent with Health and Safety Code Section 1568.0831.

Program 3.F Amend Building Height in the RM1 and RM2 Zones  Amend the Zoning Ordinance to increase the maximum building height in the RM1 and RM2 zones from 35 feet to 38 feet to better accommodate three-story developments.

Program 3.G Modify Mixed-Use Zones Building Heights
 Amend building height standards for the CM-1 through CM-5 mixed-use zoning districts to allow increased maximum heights when buildings are located within a defined distance of an adjacent residential zoning district as follows:
o CM-1 and CM-2: Increased from 35 ft to 38 ft within 30 feet of a residential zone, while maintaining a district maximum height of 45 ft; o CM-3 and CM-4: Increased from 35 ft to 45 ft within 50 feet of a residential zone, while maintaining a district maximum height of 55 ft; and o CM-5: Increased from 35 ft to 45 ft within 50 feet of a residential zone, while maintaining a district maximum height of 135 ft.

Program 4.G Low Barrier Navigation Centers (LBNC) and Emergency Shelters  Amend the City’s Zoning Ordinance to allow LBNCs in zones where multi-family and mixed-use are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code Section 65660 (e.g., RM1, RM2, CM1, CM-2, CM-3, CM-4, CM-5, and CR zones by-right); 1091

May 19, 2026
 Amend emergency shelter parking standards to only require parking necessary for emergency shelter staff consistent with Government Code Section 65583; and
 Amend the City’s Zoning Ordinance to add an expanded definition of emergency shelters per AB 2339 (e.g., to also include navigation center, bridge housing, and respite or recuperative care consistent with Government Code Section 65583(a)(4)(C)).

Program 4.H Transitional and Supportive Housing
 Amend the City’s Zoning Ordinance to allow transitional and supportive housing by-right in the CR Zone to ensure transitional and supportive housing are allowed by-right in all zones where multi-family and mixed-uses are permitted, including non-residential zones permitting multifamily uses pursuant to Government Code Section 65651.

Program 4.I Employee/Farmworker Housing
 Amend the City’s Zoning Ordinance to allow employee housing consistent with Health and Safety Code Section 17021.5 and 17021.6.

In addition to the Housing Element-related RMC amendments, City staff are proposing several clean-up amendments, including:

1. Removing the Key Terms list in RMC Section 15.04.104 to reduce redundancies and minimize the potential for inconsistencies when updating definitions; and

2. Updating definitions for Accessory Dwelling Units, Junior Accessory Dwelling Units, efficiency units, and duplexes to ensure consistency with the City’s Accessory Dwelling Unit Ordinance, which is currently being updated to align with state law.

Planning Commission Recommendation
On April 2, 2026, Richmond’s Planning Commission conducted a public hearing on the proposed amendments to the RMC and General Plan. The Commission adopted Resolution No. 26-06 which recommended that the City Council approve the proposed zoning ordinance amendments to RMC Articles 15.04.104, 15.04.201, 15.04.202,

15.04.203, 15.04.602, 15.04.607; Sections 15.04.610.180, 15.04.610.360,

15.04.805.040, and 15.04.806.040; and the General Plan Land Use Element Amendments (Attachment 3).

Zoning Ordinance Amendment Findings
A draft of the proposed Ordinance amending the RMC is attached to this staff report as Attachment 1. The City Council, approving an amendment to RMC Article XV, must make all of the following findings as required by RMC Section 15.04.814.050:
1092

May 19, 2026
A. The proposed amendment is consistent with the General Plan.

Statement of Fact: The proposed Zoning Ordinance amendments are consistent with General Plan Housing Element Programs 1.I; 1.L; 1.M;

3.A; 3.D; 3.E; 3.F; 3.G; 4.G; 4.H; and 4.I, each of which aim to ensure the Zoning Ordinance does not contain barriers to developing housing, in part to provide a balanced supply of housing types, densities, and prices to meet the needs of all income groups and amend the ordinance to ensure compliance with State law.

B. The proposed amendment is necessary for public health, safety, and general welfare or will be of benefit to the public.

Statement of Fact: The proposed Zoning Ordinance amendments will benefit the public by increasing housing production within the City of Richmond and ensuring local regulations comply with State law.

California’s housing production is not keeping pace with demand and the lack of housing supply impacts affordability. The State legislature has determined that local jurisdictions must analyze and remove governmental barriers to the development of housing for all income levels.

C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Statement of Fact: Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15164, the City prepared an Addendum to the Richmond General Plan 2030 Environmental Impact Report (EIR) (State Clearinghouse No. 2008022018), which evaluated the potential environmental effects associated with implementation of the Housing Element. The Addendum concluded that the Housing Element implementation actions are within the scope of the prior EIR and would not result in any new significant environmental impacts, nor would they substantially increase the severity of previously identified impacts. The proposed Zoning Ordinance amendments implement these Housing Element programs and are therefore within the scope of the analysis contained in the Addendum and the prior EIR.

Accordingly, no subsequent or supplemental environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15163.

D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, 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. 1093

May 19, 2026
Statement of Fact: The proposed Zoning Ordinance amendments will modify the text only and will not change the Zoning map.

General Plan Amendment Findings
A draft of the proposed resolution amending the General Plan Land Use Element is attached to this staff report as Attachment 2. The City Council, approving an amendment to the General Plan must make all of the following findings as required by RMC Section 15.04.813.050:

A. The proposed amendment will contribute to the public health, safety, general welfare or will be of a benefit to the public.

Statement of Fact: The proposed general plan amendment will support the implementation of State law and implement programs identified in the Housing Element that would remove constraints to housing production and promote new housing construction contributing to the benefit of Richmond, the Bay Area, and the State as a whole.

B. The proposed amendment is consistent with the General Plan goals, unless the goals themselves are proposed to be amended.

Statement of Fact: The proposed General Plan amendments implement Housing Element Program 1.M aimed at clarifying maximum density allowed in High-Intensity Mixed-use and Medium Intensity Mixed-use land use designations to promote new housing construction to create more equitable and affordable options to meet the City’s Regional Housing Needs Allocation (RHNA).

C. The proposed amendment retains the internal consistency of the General Plan and is consistent with other adopted plans, unless a concurrent amendment to those plans is also proposed and will result in consistency.

Statement of Fact: The proposed amendments are limited and narrow in that they do not have ripple effects requiring amendments to other elements of the General Plan to retain internal consistency. The proposed amendments do affect the maximum densities in certain zoning districts; however, a complimentary ordinance amending the Zoning Ordinance is being proposed to ensure consistency with the proposed General Plan amendments.

D. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act (CEQA).

Statement of Fact: The City prepared an Addendum to the Richmond General Plan 2030 EIR, consistent with CEQA Guidelines Section 15164, affirming that the analysis contained in the Richmond General Plan 2030 EIR 1094

May 19, 2026
adequately addresses the potential physical impacts associated with implementation of the Richmond Housing Element.

ENVIRONMENTAL REVIEW:

The City, as the Lead Agency, has determined that the proposed zoning ordinance amendments have been reviewed in accordance with the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15164, an Addendum to the Richmond General Plan 2030 Environmental Impact Report (EIR) (State Clearinghouse No. 2008022018) was prepared, which evaluated the potential environmental effects associated with implementation of the Housing Element. The Addendum concluded that the Housing Element implementation actions are within the scope of the prior EIR and would not result in any new significant environmental impacts, nor would they substantially increase the severity of previously identified impacts. The proposed zoning ordinance amendments implement these Housing Element programs and are therefore within the scope of the analysis contained in the Addendum and the prior EIR.

Accordingly, no subsequent or supplemental environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15163.

CONCLUSION:

City staff recommend that the City Council hold a public hearing and introduce (first reading) the Ordinance in Attachment 1, amending RMC Articles 15.04.104, 15.04.201,

15.04.202, 15.04.203, 15.04.602, 15.04.607; Sections 15.04.610.180, 15.04.610.360,

15.04.805.040, and 15.04.806.040; and adopt resolution, amending the General Plan Land Use Element to implement the Housing Element and align city regulations with recent changes in State Law (California Government Code Section 65589 et seq.) (Attachment 2).

DOCUMENTS ATTACHED:

Attachment 1 – Draft Ordinance Amending RMC Articles 15.04.104, 15.04.201,

15.04.202, 15.04.203, 15.04.602, 15.04.607; and Sections

15.04.610.180, 15.04.610.360, 15.04.805.040, and 15.04.806.040 Attachment 1 – Exhibit A: Zoning Text Amendments
Attachment 2 – Draft Resolution Amending the Richmond General Plan 2030 Land Use Element
Attachment 3 – PC Resolution No. 26-06 recommending approval of zoning ordinance amendments to comply with State law and amendments to the General Plan Land Use Element to ensure consistency with RMC amendments Attachment 4 – Redline Version of RMC Articles 15.04.104, 15.04.201, 15.04.202,

15.04.203, 15.04.602, 15.04.607; and Sections 15.04.610.180,

15.04.610.360, 15.04.805.040, and 15.04.806.040
1095
Attachment 1
Draft Ordinance Amending RMC Articles 15.04.104,

15.04.201, 15.04.202, 15.04.203, 15.04.602, 15.04.607; and Sections 15.04.610.180, 15.04.610.360, 15.04.805.040, and

15.04.806.040
1096

ORDINANCE NO. XX-26
AN ORDINANCE OF THE CITY COUNCIL OF RICHMOND AMENDING ARTICLES 15.04.104, 15.04.201,

15.04.202, 15.04.203, 15.04.602, 15.04.607; AND SECTIONS 15.04.610.180, 15.04.610.360,

15.04.805.040, AND 15.04.806.040 OF THE RICHMOND MUNICIPAL CODE TO COMPLY WITH

STATE HOUSING ELEMENT LAW
WHEREAS, the City of Richmond 6th Cycle Housing Element, which was adopted by the City Council on January 24, 2023, and subsequently found in compliance with Housing Element law by the California Department of Housing and Community Development on October 2, 2023, provides that the City will continue timely and effective implementation of all programs; and WHEREAS, Government Code § 65583 et seq. require the City to adopt and implement programs, including zoning regulations, to accommodate its Regional Housing Needs Allocation and comply with State housing law;
WHEREAS, the City has prepared amendments to the RMC to implement specific Housing Element programs; and
WHEREAS, this ordinance (“Ordinance”) amends various sections of the RMC to align with State housing law (Government Code § 65583 et seq.); and
WHEREAS, on April 2, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed RMC ordinance amendments related to Housing Element implementation, received the staff report and staff presentation, received comments from the public and interested parties, and discussed the matter. Following the public hearing, the Planning Commission adopted Resolution No. 26-06 recommending the City Council adopt the proposed Ordinance; and WHEREAS, on May 19, 2026, the City Council held a duly noticed public hearing to consider the proposed Ordinance related to Housing Element implementation, received the staff report and staff presentation, received comments from the public and interested parties, considered the recommendation of the Planning Commission, and discussed the matter; and WHEREAS, on the basis of the application, plans, materials, and testimony at or before the public hearing, the City Council adopts the following findings and statements of fact in approving the proposed zoning ordinance amendments pursuant to RMC Section 15.04.814.050:

A. The proposed amendment is consistent with the General Plan.

Statement of Fact: The proposed Zoning Ordinance amendments are consistent with General Plan Housing Element Programs 1.I; 1.L; 1.M; 3.A; 3.D; 3.E; 3.F; 3.G; 4.G; 4.H; and 4.I, each of which aim to ensure the Zoning Ordinance does not contain barriers to developing housing, in part to provide a balanced supply of housing types, densities, and prices to meet the needs of all income groups and amend the ordinance to ensure compliance with State law.

B. The proposed amendment is necessary for public health,safety, and general welfare or will be 1097

of benefit to the public.

Statement of Fact: The proposed Zoning Ordinance amendments will benefit the public by increasing housing production within the City of Richmond and ensuring local regulations comply with State law. California’s housing production is not keeping pace with demand and the lack of housing supply impacts affordability. The State legislature has determined that local jurisdictions must analyze and remove governmental barriers to the development of housing for all income levels.

C. The proposed amendment has been reviewed in compliance with the requirements of the California Environmental Quality Act.

Statement of Fact: Pursuant to CEQA Guidelines Section 15164, the City prepared an Addendum to the Richmond General Plan 2030 Environmental Impact Report (EIR) (State Clearinghouse No. 2008022018), which evaluated the potential environmental effects associated with implementation of the Housing Element. The Addendum concluded that the Housing Element implementation actions are within the scope of the prior EIR and would not result in any new significant environmental impacts, nor would they substantially increase the severity of previously identified impacts. The proposed zoning ordinance amendments implement these Housing Element programs and are therefore within the scope of the analysis contained in the Addendum and the prior EIR. Accordingly, no subsequent or supplemental environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15163.

D. For a change to the Zoning Maps, that the subject property is suitable for the uses permitted in the proposed zone in terms of access, 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: The proposed Zoning Ordinance amendments will modify the text only and will not change the Zoning map.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and are hereby adopted as the City Council’s findings.

SECTION 2. The City Council finds that the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) have been satisfied. Pursuant to CEQA Guidelines Section 15164, the City prepared an Addendum to the Richmond General Plan 2030 Environmental Impact Report (EIR) (State Clearinghouse No. 2008022018), which evaluated the potential environmental effects associated with implementation of the Housing Element. The Addendum concluded that the Housing Element implementation actions are within the scope of the prior EIR and would not result in any new significant environmental impacts, nor would they substantially increase the severity of previously identified impacts. The City Council further finds that this Ordinance implements such Housing Element programs and is within the scope of the analysis contained in the Addendum and 1098

the prior EIR. Accordingly, no subsequent or supplemental environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15163.

SECTION 3. The Ordinance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City, as the proposed Ordinance ensuresthe City’szoning regulations comply with State housing law and facilitate housing production.

SECTION 4. The City Council has reviewed, considered, and evaluated all of the information prior to acting upon this Ordinance.

SECTION 5. The documents and other materials that constitute the record of proceedings upon which the City Council has based its recommendation are located in and may be obtained from the Planning Division, 450 Civic Center Plaza, Richmond, CA 94804.

SECTION 6. By this ordinance, the City Council approves the zoning ordinance amendment as shown in Exhibit A, attached hereto and made a part hereof.

SECTION 7. Severability. If any section, subsection, 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 hereby declares that it would have passed 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 8. Effective Date. This Ordinance becomes effective thirty (30) days after its final passage and adoption.
1099

First introduced at a regular meeting of the City Council of the City of Richmond held and finally passed and adopted at a regular meeting held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
1100

EXHIBIT A
Note: The following presents the ordinance as it will be published, with all amendments incorporated and without showing additions or deletions.

A redline version of the ordinance is included as Attachment 4 to the Agenda Report. 1101
ARTICLE 15.04.104

15.04.104.010 - Definitions.

Abutting or Adjoining. Having a common boundary.

Access. The place or way through which pedestrians and/or vehicles must have safe, adequate, and usable ingress and egress to a property or use.

Accessory Dwelling Unit. An attached or detached residential dwelling that provides complete independent living facilities for one or more persons, and is located on the same lot as a proposed or existing single-family dwelling or multifamily dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the single-family or multifamily dwelling is, or will be, situated. An accessory dwelling unit may be within the same structure as the primary dwelling, in an attached structure, or in a separate detached structure on the same lot. An accessory dwelling unit also includes the following: (i) an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code; and (ii) a manufactured home as defined in Section 18007 of the Health and Safety Code. This use is distinguished from a duplex. See also Junior Accessory Dwelling Unit.

Active Play Area. An indoor or outdoor space in a school that is designed or adapted to active recreational activity and student play during recess. Excluded from this definition are areas for "mental games" such as a computer lab or library reading room.

ADA. Americans with Disabilities Act.

Adjacent. Directly abutting, having a boundary or lot property line(s) in common or bordering directly, or contiguous to.

Administrative Review. The process for permit/project review and design approval or disapproval by the Director or Zoning Administrator.

Adult Businesses. Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, videos, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts, or by an emphasis on male or female genitals, buttocks or female breasts.

Such activity includes adult book stores, adult arcades, adult movie theaters, sexual encounter establishments, adult cabarets, massage parlors (excluding those in compliance with Chapter 9.38 of the Municipal Code), and adult theaters, which exclude minors by virtue of age.

Affordable-Housing Related Terms
Accessible. Usable by persons with disabilities and compliant with the building standards published in the California Building Standards Code relating to access for persons with disabilities and the other regulations adopted pursuant to Government Code Section 4450 that are in effect on the date of application for a building permit.

Affordable Housing Cost. Affordable rent or affordable sales price, as defined in this section.

Affordable Housing Units. Dwelling units affordable to moderate, low, very low, or extremely low income persons.

Affordable Housing Fund. A fund or account designated by the City to maintain and account for all monies received pursuant to Article 15.04.603.

Affordable Rent. The maximum monthly rent, including an allowance for tenant paid utilities, calculated at the specified income level in accordance with the Health and Safety Code Section 50053.

Affordable Sales Price. The maximum purchase price that will be affordable to the specified household at the specified income level, calculated in accordance with California Health and 1102
Safety Code Section 50052.5. The affordable sales price shall include a reasonable down payment, and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowner's insurance, homeowner's association dues, and a reasonable allowance for property maintenance, repairs, and utilities), all as determined by the City.

Common Ownership or Control. Property owned or controlled by the same person, persons, or entity, or by separate entities in which any shareholder, partner, member, or family member of an investor of the entity owns ten percent or more of the interest in the property.

Contiguous Property. Any parcel of land that is (1) touching another parcel at any point; (2) separated from another parcel at any point only by a public right-of-way, private street or way, or public or private utility, service, or access easement; or (3) separated from another parcel only by other real property which is in common ownership or control of the applicant which is not subject to the requirements of Article 15.04.603 at the time of a project application by a developer.

Density Bonus. A density increase over the otherwise maximum allowable density permitted by the City of Richmond pursuant to California Government Code Section 65915 and Article

15.04.602.

Density Bonus Units. Dwelling units approved in a residential development project or mixed-use development project pursuant to California Government Code Section 65915 and Article

15.04.602 that are in excess of the maximum allowable residential density otherwise permitted by the City of Richmond.

Housing Unit. A dwelling unit.

Inclusionary Housing Agreement. An agreement in conformance with Section 15.04.603.110 between the City and a developer, governing how the developer shall comply with Article

15.04.603.

Inclusionary Unit. A dwelling unit intended for sale or rental, required by Article 15.04.603 to be affordable to very low, low, or moderate-income households.

Initial Subsidy. An amount equal to the fair market value of a dwelling unit at the time of initial sale minus the initial sale price, plus the amount of any down payment assistance or mortgage assistance.

Low Income Household. Households whose income does not exceed the low-income limits applicable to Contra Costa County as defined in California Health and Safety Code Section 50079.5 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

Market Rate Unit. A new dwelling unit in a residential development project that is not an inclusionary unit.

Mixed-Use Development Project. Any development that includes both a non-residential development project and a residential development project.

Moderate Income Household. Households whose income does not exceed the moderateincome limits applicable to Contra Costa County as defined in California Health and Safety Code Section 50093 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

Non-Residential Development Project. Any development for which a discretionary approval for non-residential development or building permit is required that includes the creation of net new 1103
floor area for non-residential purposes. For purposes of Article 15.04.603, a live-work unit is not a non-residential purpose.

Ownership Residential Development. Any residential development that includes the creation of one or more additional dwelling units that may be sold individually. A residential ownership development also includes the conversion of a residential rental development to a residential ownership development.

Proportionate Share of Appreciation. An amount equal to the ratio of the initial subsidy to the fair market value of a dwelling unit at the time of initial sale.

Rental Residential Development. Any residential development that creates one or more additional dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.

Resale Control. A recorded document applied to an affordable housing unit or an inclusionary unit that, for a specified term, requires sale of the unit to a very low, low, or moderate-income household at an affordable sales price.

Residential Development Project. Any development for which a discretionary approval for residential development or a building permit is required that includes the creation of one or more additional dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of a use from a residential rental development to a residential ownership development. For purposes of Article 15.04.603, a live-work unit is counted as a residential dwelling unit.

Senior Citizen. A person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.

Senior Citizen Housing Development. A senior citizen housing development as defined in California Civil Code Sections 51.3 and 51.12, that is developed, substantially rehabilitated, or substantially renovated for senior citizens. A senior citizen housing development must include at least 35 dwelling units
Very Low Income Household. Households whose income does not exceed the very low-income limits applicable to Contra Costa County as defined in California Health and Safety Code Section 50105 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

Agent. A person who has been given written authorization by the property owner to represent and act for a property owner in contacts with the City.

Agricultural Production and Services. Any establishment primarily engaged in either the keeping, grazing, feeding of livestock and for sale of livestock or livestock products; production of crops, plants, vines, and trees (excluding forestry operations); or performing services; crop services; veterinary services; other animal services; and landscape and horticultural services; for another on a contract or fee basis.

Alley. A public way permanently reserved primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

Allowed Use. A use of land as a permitted or conditional use that may be established with zoning compliance review (for an "as-of-right" or permitted use) or a use permit for a conditionally permitted use and, where applicable, design review and/or building permit approval, subject to compliance with all applicable provisions of Article XV and the Municipal Code.

Alteration. Any change, addition, or modification that changes the exterior architectural appearance or materials of a structure or object. Alteration includes changes in exterior surfaces, changes in 1104
materials, additions, remodels, demolitions, and relocation of buildings or structures, but excludes ordinary maintenance and repairs.

Amendment. A change in the wording, context or substance of the zoning ordinance, or a change in the district boundaries on the Zoning Map.

Animals, Domestic (Household Pets). Small pets such as cats, dogs, and birds. This definition excludes large animals, such as horses, goats, swine and similar size animals, and farm animals, such as chickens, ducks, and rabbits.

Animal Husbandry. Breeding and raising of animals for sale, or in order to use or sell products such as meat, honey, milk, eggs, and fibers. This use classification includes day-to-day care, selective breeding, and the raising of commercial livestock.

Animal Keeping. The keeping of animals, such as household pets, for personal use and enjoyment.

Animal Sales and Services. Sales and service activities related to the care and treatment of domestic animals.

Boarding Kennel. An establishment licensed to operate a facility providing shelter and care for domestic animals (e.g., cats and dogs) on a commercial basis for a period in excess of 48 hours. This classification includes activities such as feeding, exercising, grooming, and incidental medical care for domestic animals.

Clinic/Hospital. Establishments where domestic animals receive medical and surgical treatment.

This classification includes only facilities that are enclosed, soundproofed, and air-conditioned.

Grooming and temporary (up to 30 days) boarding of domestic animals is included if incidental to the hospital use.

Grooming. Provision of bathing and trimming services for domestic animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of 48 hours.

Retail Sales (Pet Shops). Retail sales and boarding of domestic animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

Riding Schools and Stables. A stable is a place where horses are kept in individual box stalls or in groups in large rooms. The interior of a stable usually consists of two rows of box stalls, tie stalls, and large rooms along the outer walls and a central passage running lengthwise. A horse stable may also contain other facilities, such as a riding school, a feed room, a dressing room, a harness room, a staff area, watering place, and a room for animal care services. A riding school generally operates on the basis of hiring out horses or ponies on a pay per hour basis. Typically students go out together on a ride accompanied by a member of staff, and range from small establishments in converted farm buildings, to much larger premises with purpose-built stables, indoor or outdoor schools and, sometimes, cross-country courses.

Veterinary Services. Medical and health services for animals. Typical uses include veterinary offices, pet clinics and animal hospitals. This use type excludes kennels.

Applicant. Any entity or person who applies for a discretionary permit, certificate, zoning approval or other entitlement.

Approval Authority. The decision-making body or official responsible for approving, approving with conditions or denying application. As an illustration, the Planning Commission is the Approval Authority over an application for a conditional use permit, and the Zoning Administrator is the Approval Authority over an application for an administrative use permit.

Area. Any geographical area, for example a portion of a block, a block, or a larger district. 1105
Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

Arterial Street. A street classified as a Major Arterial or Minor Arterial in the Transportation Element of the General Plan.

Artisan/Small-Scale Manufacturing.The artisan/small-scale manufacturing use type refers to establishments primarily engaged in on-site production of goods by hand manufacturing or artistic endeavor, which involves only the use of hands tools or domestic mechanical equipment not exceeding five horsepower or kilns not exceeding 25 kilowatts, and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle making shops, and custom jewelry manufacturers.

Artist's Studio. Work space for an artist or artisan, including individuals practicing one of the fine arts or performing arts, or an applied art or craft. This use may include incidental display and retail sales of items produced on the premises and instructional space for small groups of students. It does not include joint living and working units (see Live-Work).

Studio-Light. Small-scale art production that is generally of a low impact. Typical uses include painting, photography, jewelry, glass, textile, and pottery studios.

Studio-Heavy. Art production on a medium or large scale generally using heavy equipment.

Typical uses include large-scale metal and woodworking studios.

Auto/Vehicle Sales and Services. Retail or wholesale businesses that sell, rent, and/or repair automobiles, boats, recreational vehicles, trucks, vans, trailers, and motorcycles, including the following:

Alternative Fuels and Recharging Facility. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations (e.g., LPG) as well as equipment to recharge electricpowered vehicles.

Automobile Rental. Rental of automobiles. Typical uses include car rental agencies.

Automobile Storage Parcel. Any property used for short- or long-term parking of vehicles for sale or lease at an automobile dealership or rental agency on a separate parcel from such agency or dealership.

Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated minor repair services and parts sales for vehicles sold or leased by the dealership. This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles. • New. Sales and leasing of new cars, recreational vehicles, and trucks by new car dealers, including sales of previously-owned automobiles and trucks, and sales of parts and accessories, storage, and incidental maintenance and repair. • Used. Sales and leasing of previously owned automobiles, recreational vehicles and trucks by car dealers not affiliated with a new car manufacturer.

Automobile/Vehicle Repair, Major. Repair of automobiles, trucks, motorcycles, motor homes, boats and recreational vehicles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission shops, wheel and brake shops, auto glass services, vehicle painting, tire sales and installation, and installation of car alarms, sound, telecommunications, and navigation systems, but excludes vehicle dismantling or salvaging and tire retreading or recapping.

Automobile/Vehicle Service and Repair, Minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and 1106
liquids as an accessory use to a gasoline sales station or automotive accessories and supply store, as well as smog check quick-service oil, tune-up and brake and muffler shops where repairs are made or service provided in enclosed bays and no vehicles are stored overnight.

Automobile/Vehicle Washing. Washing, waxing, or cleaning of automobiles or similar light vehicles, including self-serve washing facilities that are the principal use of a building, structure, or site.

Large Vehicle and Equipment Sales, Service and Rental. Sales, servicing, rental, fueling, and washing of large trucks, trailers, tractors, and other equipment used for construction, moving, agricultural, or landscape gardening activities. Includes large vehicle operation training facilities.

Service Station. Establishments primarily engaged in retailing automotive fuels or retailing these fuels in combination with activities, such as providing minor automobile/vehicle repair services; conducting state inspections (e.g. "smog checks"), selling automotive oils, replacement parts, and accessories; and/or providing incidental food and retail services.

Towing and Impound. Establishments primarily engaged in towing light or heavy motor vehicles, both local and long distance. These establishments may provide incidental services, such as vehicle storage and emergency road repair services.

Awning. An architectural projection that provides weather protection, identity, or decoration, and is wholly supported by the building to which it is attached. An awning is typically constructed of non-rigid materials on a supporting framework which projects from and is supported by the exterior wall of a building. The awning may be fixed in place or retractable.

Balcony. A platform that projects from the wall of a building 30 inches or more above grade that is accessible from the building's interior, is not accessible from the ground, and is not enclosed by walls on more than two sides (see also Deck).

Banks and Financial Institutions.

Bank and Savings and Loan. A financial institution, including a credit union office, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money.

Nontraditional Financial Institutions. Establishments engaged in short-term lending and buyback activities in which customers typically take part in one-time or infrequent transactions and do not open long-term accounts or deposit funds. Typical uses include check cashing services, pay day lenders (also known as deferred deposit originators), pawnbrokers, cash for gold dealers, and similar activities.

Basement. A non-habitable space beneath the first or ground floor of a building, the ceiling of which does not extend more than four feet above finished grade. When used as a dwelling or portion thereof, the basement shall not be counted as a story for the purposes of height measurement based on allowed number of stories.

Bathroom. A room containing toilet, sink, and bathing facilities.

Bay Window. An architectural projection from the building cantilevered from the facade, consisting of one or more stories in height, containing at least 60 percent glass area.

Bedroom. Any room having the potential of being a bedroom and meeting the standards of the Building Code as a sleeping room.

Bicycle-Parking Related Terms.

Abandoned Bicycle. A bicycle that has been parked continuously in one place for at least two weeks in short-term parking or at least one month in long-term parking, excluding seasonal bicycle storage as agreed upon between the property owner and the bicycle owner. 1107
Bicycle. A device propelled by human power upon which a person may ride, having two wheels one behind the other, at least one wheel being at least 13 inches in diameter.

Bicycle Locker. An enclosure that can be locked for the safe keeping of a bicycle, made of theftresistant material, with a lockable door that opens the full width and height of the locker, with no exposed fittings or connectors.

Bicycle Parking Space. A paved, level, drained, lighted area for the parking of one bicycle.

Bicycle Path. A way designed for primary use by bicycles and excluding motorized vehicles.

Class 1 Bicycle Parking Space(s). Spaces in secure, weather protected facilities intended for use as long-term, overnight, and work-day bicycle storage by dwelling unit residents, nonresidential occupants, and employees.

Class 2 Bicycle Parking Space(s). Bicycle racks located in a publicly-accessible, highly visible location intended for transient or short-term use by visitors, guests, and patrons to the building or use.

Fixed. Mounted so the rack element cannot be stolen; anchored in the pavement or a structure with vandal-resistant fasteners such as, but not limited to, embedded mounting in poured-inplace concrete, recessed bolt heads or grouted-in anchoring.

Long-Term Bicycle Parking. Bicycle parking intended for the primary use of residents, employees and others who park bicycles for four hours or more.

Publicly Accessible. In an area that is visible from a right-of-way and open to the general public.

Rack Element. A fixed object that supports one or two bicycles upright by their frames in a stable position and enables the frame and at least one wheel to be locked.

Secured Bicycle Parking. An enclosed, covered, locked area, surrounded by a fence or wall, restricted to bicycle parking users.

Short-Term Bicycle Parking. Bicycle parking intended for the primary use of customers, messengers, guests and others who park bicycles for less than four hours.

Tandem. Arranged so a bicycle must be removed to access another bicycle parking space.

Bikeway. A right-of-way either on or off a street that is used as a travel route for bicycles either independently or jointly with other means of transportation, and as identified in the City's Bicycle Master Plan.

Bikeway Classes.

Class I Bikeway (Bike Path). Provides a completely separated right-of-way for the exclusive use of bicycles and pedestrians with crossflow by motorists minimized.

Class II Bikeway (Bike Lane). Provides a striped lane for one-way bike travel on a street or highway.

Class III Bikeway (Bike Route). Provide a right-of-way designated by signs or pavement markings for shared use with pedestrians or motor vehicles. While a basic Class III route may simply have signs and markings, a Bicycle Boulevard is a special type of shared route that optimizes bicycle travel. Bike boulevards can have a variety of traffic calming elements to improve safety and comfort for bicyclists.
1108
Class IV Bikeway (separated bikeway). On-street bikeway for the exclusive use of bicycles and includes a separation required between the separated bikeway and the through vehicular traffic.

The separation may include, but is not limited to, grade separation, flexible.

Biosafety Level. A defined set of biocontainment precautions required to isolate dangerous biological agents in an enclosed laboratory facility. The levels are designated in ascending order, by degree of protection provided to personnel, the environment, and the community. Standard microbiological practices are common to all laboratories. Special microbiological practices enhance worker safety, environmental protection, and address the risk of handling agents requiring increasing levels of containment. These levels range from the lowest biosafety level 1 (BSL-1) to the highest at level 4 (BSL4). They are specified by, the Centers for Disease Control and Prevention (CDC).

Block. Property bounded on all sides by a public right-of-way.

Block Face. All property between two intersections that fronts upon a street or abuts a public right-ofway.

Bluff. A scarp or steep face of rock, decomposed rock, sediment, or soil resulting from erosion, folding, or excavation of the land mass, having a vertical relief of 10 or more feet measured from the top edge to the toe of the steep face, and located along or adjacent to the ocean. The bluff may be a simple planar or curved surface, or it may be step-like in section.

Breweries. Facilities that produce beer and similar beverage onsite.

Brewery, Production. An establishment that produces annually 15,000 barrels or more of ales, beers, meads, hard ciders and/or similar beverages onsite. Production breweries may also serve beverages onsite, and sell beverages for offsite consumption pursuant to the regulations of the California Department of Alcohol Beverage Control and the federal Bureau of Alcohol, Tobacco, and Firearms.

Brewery, Brew-on-Premises. A do-it-yourself brewery where customers produce craft style beer or wine on the premises of a brewery or microbrewery. Customers also may purchase the ingredients, rent the equipment, time and space, and be provided assistance by an on-site brewmasters.

Micro-brewery. An establishment that produces annually less than 15,000 barrels of ales, beers, meads, hard ciders and/or similar beverages onsite. Micro-breweries may also serve beverages onsite and sell beverages for offsite consumption pursuant to the regulations of the California Department of Alcohol Beverage Control and the federal Bureau of Alcohol, Tobacco, and Firearms.

Buffer. An open area or barrier used to separate potentially incompatible activities and/or development features; for example, a required setback to separate an area of development from environmentally sensitive habitat, to reduce or eliminate the effects of the development on the habitat.

Build-to Line. A line parallel to the lot line where the façade of the building is required to be located.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials.

Building, Accessory. A detached building located on the same parcel as the principal building, which is incidental and subordinate to the principal building in terms of both size and use. A building will be considered part of the principal building if connected to it by common roof line or fully enclosed space.

Building, Principal. A building in which the principal use of the parcel on which it is located is conducted.

Building Code. Any regulations of the City governing the type and method of construction of buildings and structures, including sign structures.
1109
Building Face. The general outer surface of the structure or walls of a building. Where bay windows or pillars project beyond the walls, the outer surface of the windows or pillars is considered to be the face of the building. For areas where transect zones have been applied as part of a form-based code (Series 400) pillars and bay windows shall be considered architectural elements which may encroach into the setback per transect zone standards.

Building Site. A lot or parcel of land occupied or to be occupied by a main building and accessory buildings together with such open spaces as are required by the terms of this title and having its principal frontage on a street, road, highway, or waterway.

Business Services.The business services use type refers to establishments primarily engaged in the provisions of services of a clerical, employment, protective or minor processing nature to firms, rather than individuals, and where the storage of goods other than samples is prohibited. Typical uses include secretarial services, quick-printing services, and blueprint services.

By-right. A method of permitting development that does not require discretionary review and that complies with all applicable objective zoning standards, building codes, and other ministerial requirements of the Richmond Municipal Code. Consistent with Government Code Section 65583, the phrase “use by right” shall mean that the local government's review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

Canopy. A roofed shelter projecting over a sidewalk, driveway, entry, window, or similar area that may be wholly supported by a building or may be wholly or partially supported by columns, poles, or braces extending from the ground.

Carport. An accessible and usable covered space enclosed on not more than two sides, designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

Catering Service.A business that prepares food for consumption on the premises of a client or at any other location separate from where the food was prepared.

CDHP. California Department of Public Health.

Cemetery. Establishments primarily engaged in operating sites or structures reserved for the internment of human or animal remains and/or cremating the dead. This classification includes mausoleums, crematory, columbarium, burial places, and memorial gardens.

Centerline of Street. The geographic center of a public or private road right-of-way.

Change of Use. The replacement of an existing use on a site, or any portion of a site, by a new use, or a change in the type of an existing use; does not include a change of ownership, tenancy, or management associated with a use for which the previous type of use will remain substantially unchanged.

Civil Code. The Civil Code of the State of California.

College and Trade School. Institutions of higher education providing curricula of a general, religious or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes junior colleges, business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons.

Commercial Entertainment and Recreation. Provision of participant or spectator entertainment to the general public. This classification may include restaurants, snack bars, and other incidental food and beverage services to patrons.

Cinema. Facilities for indoor display of films and motion pictures.

Large-scale Facility. This classification includes large outdoor facilities such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving 1110
ranges, golf courses. It also includes indoor and/or facilities with more than 5,000 square feet in building area such as fitness centers, gymnasiums, handball, racquetball, or large tennis club facilities; ice or roller skating rinks; swimming or wave pools; miniature golf courses; bowling alleys; archery or indoor shooting ranges; and riding stables.

Small-scale Facility. This classification includes small, generally indoor facilities that occupy less than 5,000 square feet of building area, such as billiard parlors, card rooms, game arcades, dance halls, poolrooms, and amusement arcades.

Theater. Facilities designed and used for entertainment, including plays, comedy, and music, which typically contain a stage upon which movable scenery and theatrical appliances or musical instruments and equipment are used.

Commercial Kitchen. Kitchens used for the preparation of food to be delivered and consumed offsite. Typical uses include catering facilities. This classification does not include businesses involved in the processing or manufacturing of wholesale food products (see Industry, Limited).

Commissary. A food establishment in which food, containers, equipment, or supplies are stored or handled for use in mobile food facilities, mobile food preparation units, stationary mobile food preparation units, or vending machines.

Communications Facilities. Broadcasting and other information relay services.

Antennas and Transmission Towers. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures designed to support reception or transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and cellular telephone transmission/personal communications systems towers.

Equipment within Buildings. Indoor facilities containing primarily communication equipment and storage devices such as computer servers.

Community Assembly. A facility for public or private meetings, including community centers, banquet centers, youth centers, senior centers, religious assembly facilities, civic and private auditoriums, union halls, meeting halls for clubs, and other membership organizations. This classification includes functionally related facilities for the use of members and attendees such as kitchens, multi-purpose rooms, classrooms and storage. It does not include gymnasiums or other sports facilities uses that represent more than 20 percent of overall square footage, convention centers, or facilities, such as day care centers and schools that are separately classified and regulated.

Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food or medicinal crops, excluding marijuana, and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. This use type includes the accessory sale of goods produced on-site, but excludes marijuana cultivation.

Condition of Approval. A performance standard, required change in a project, environmental mitigation measure, or other requirement imposed by the decision-making body to alter or modify a project in any manner from the description in the application originally submitted for City approval.

Conditional Use. A use that is generally compatible with other uses permitted in a zoning district, but that requires individual review of its location, design, configuration, and intensity and density of use and structures, and may require the imposition of conditions pertinent thereto to ensure the appropriateness of the use at that particular location.

Condominium-related Terms. The following terms are related to residential condominium conversions and new condominium construction.
1111
Association. An organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums.

Common Area. The area that is available to the common use of unit owners in an entire project, excepting the individual units therein.

Community Apartment. One residential unit within a community apartment project. For the purposes of this Ordinance, "community apartment" shall mean the same thing and shall be treated in the same manner as a "unit," as defined herein.

Community Apartment Project. A development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated residential unit located thereon or therein as defined in Section 4105 of the Civil Code. For the purposes of this Ordinance, "community apartment project" shall mean the same thing and shall be treated in the same way as a residential condominium.

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. For purposes of this Ordinance, the term "condominium" shall be deemed to include a "stock cooperative" or "planned development." Consumer Price Index, Rental Component. A statistical measure of change over time in the price of residential rent, as reported periodically by the U.S. Department of Labor. For purposes of this Ordinance, the index for the San Francisco-Oakland area, for the 12-month period most recently reported, shall be applicable.

Conversion. A change in the type of ownership of a parcel or parcels of real property, together with the existing attached structures, to that defined as a condominium project or a community apartment project, regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

Cooperative, Stock. A corporation holding title to improved real property in which shareholders receive rights to exclusive occupancy of portions of the real property, which rights of occupancy are transferable concurrently with transfer of the shares. The term "stock cooperative" does not include a limited equity housing cooperative.

Developer. The applicant, owner or subdivider of real property with a controlling proprietary interest in the proposed condominium conversion project.

Open Space—Common. Landscaped area within the project that is designed for leisure use by all residents. Accessory structures within Common Open Space may include but are not limited to benches, tables and BBQ structures.

Open Space—Private. Area within the project that is available only for use by an individual homeowner, and is separate and distinct from common open space. Private open space may include but not necessarily be limited to decks, balconies, porches, patios and enclosed yards.

Open Space—Recreational. Area within the project that is designed for active use by all residents, and may include but is not limited to game courts, recreational rooms, swimming pools, garden roofs, sauna baths, putting greens, and play lots.

Owner. The person(s) named on a Deed of Trust of a residential condominium unit.

Residential Condominium. A condominium for residential purposes. 1112
Tenant. The person(s) in actual possession, or entitled to immediate possession, of the unit pursuant to a written or oral rental agreement, lease, or sublease. A person who sublets a unit to another, who does not live in the unit himself, is not a tenant.

Unit. The element of a residential condominium project which is not owned in common with the owners of other condominiums in the project or is an apartment in a community apartment project to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy.

Construction. Construction, erection, enlargement, alteration, conversion, or movement of any building, structures, or land, together with any scientific surveys associated therewith.

Construction and Material Yard. Storage of construction materials or equipment on a site other than a construction site.

Corner Build Area. A triangular area within a specified distance of a street corner where certain development standards for a zoning district may apply.

CPUC or PUC. California Public Utilities Commission.

Creek-Related Terms.

Brush Layering. The use of live branches or cuttings which are inserted into the streambanks perpendicular to the slope so that the rooting occurs back into the slope.

Brush Matting. The use of dead or live cuttings from riparian vegetation stacked and secured against streambanks to check erosion and revegetate banks.

Creek. A watercourse that carries water from either a permanent or natural source, either intermittently or continuously, in a defined channel, continuous swale or depression, or in a culvert that was placed in the general historic location and the water either merges with a larger watercourse or body of water or is diverted into an engineered structure that does not follow the general historic course of a creek. A "creek" does not include any part of an engineered structure developed for collection of storm or flood waters (e.g., a storm drainpipe) that does not follow the general historic course of a creek.

Cribwalls. A rectangular framework of logs which is filled with soil and/or rocks and planted with cuttings.

Culverted. The placement or construction of a pipe or box-shaped conduit in a creek bed allowing water to be conducted.

Daylighting. The unearthing of a culverted creek or natural watercourse and the design of a new open channel to re-create the original stream channel and environment.

Fascines. Bundles of cuttings from riparian plants used to revegetate banks; also known as "wattles".

Gabions. Wire baskets filled with rocks and soil and planted with seeds, cuttings and rooted plants. Gabions can be used to rebuild streambanks.

Restoration. The rehabilitation and improvement of a culverted or engineered creek to re-create a natural system by the use of erosion control technology, revegetation, vegetation management, and/or selective channel clearing.

Retention Basins. Open spaces that hold overbank stream flows and can be used as parks and other open space uses in drier seasons.

Riprap. Cobbles, rock, concrete pieces, or other non-vegetative debris used to protect streambanks from erosion.
1113
Cul De Sac. A street or system of streets that connects to other streets only at one end. A means for turning around is generally provided at each dead end.

Cultural Facility. Facilities engaged in activities to serve and promote aesthetic and educational interest in the community that are open to the public on a regular basis. This classification includes performing arts centers for theater, music, dance, and events; spaces for display or preservation of objects of interest in the arts or sciences; libraries; museums; historical sites; aquariums; art galleries; and zoos and botanical gardens. It does not include schools or institutions of higher education providing curricula of a general nature.

Day Care Center. Establishments providing non-medical care for persons on a less-than-24-hour basis other than Family Day Care (Small and Large). This classification includes commercial and nonprofit nursery schools, preschools, day care facilities for children or adults, and any other day care facility licensed by the State of California.

Days. Calendar days, unless indicated otherwise.

De novo. A legal term meaning starting over, as in an appeal hearing that is de novo and can consider the whole project application and all relevant materials, not just the specific issue appealed. The appeal body is hearing the matter again, de novo.

Decision-making Body. See Approval Authority.

Deck. A platform, either freestanding or attached to a building that is supported by pillars or posts.

See also Balcony.

Demolition. The intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 percent of the roof of any structure.

Density. The number of dwelling units per acre of land.

Design. Design means:

1. Street alignments, grades and widths;

2. Drainage and sanitary facilities and utilities, including alignments and grades thereof;

3. Location and size of all required easements and rights-of-way;

4. Fire roads and firebreaks;

5. Lot size and configuration;

6. Traffic access;

7. Grading;

8. Land to be dedicated for park and recreational purposes; and

9. Such other specific physical requirements in the plan and configuration of the entire subdivision as may be necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan.

Design Review Board. The Design Review Board of the City of Richmond.

Design Site. A portion of land delineated from others to accommodate no more than one building type. The main purpose of a design site is to allow a parcel large enough to contain more than one building type to contain multiple building types while not requiring the legal subdivision of the parcel into additional parcels.

Detached Structure. A structure, no part of which is attached by any means to any other structure.

Development. The placement or erection of any solid material or structure on land, in, or under water; discharge or disposal of any materials; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, without limitation, subdivision pursuant to the Government Code 66410, and any other division of land, including lot splits, except where 1114
the land division is brought about in connection with the purchase of such land by a public agency for public recreation use; and change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation.

Development Agreement. An agreement between the City and any person having a legal or equitable interest in real property for the development of such property and which complies with the applicable provisions of the Government Code for such development agreements.

Director. The Director of Planning and Building Services of the City of Richmond or his/her designee.

Drive-Through Facilities. Facilities designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies, and other commercial uses.

Driveway. An accessway that provides vehicular access between a street and the parking or loading facilities located on an adjacent property.

Drug Paraphernalia. All equipment, products and materials of any kind that are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act (commencing with California Health and Safety Code Section 11000).

Duplex. A single building that contains two dwelling units or two single unit dwellings on a single parcel. An accessory dwelling unit or junior accessory dwelling unit does not count as either of the dwelling units that make up a duplex.

Dwelling Unit. One or more rooms designed, occupied, or intended for occupancy as separate living quarters, with or without full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

Easement. A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege, or interest which one party has in the land of another.

Eating and Drinking Establishments. Businesses primarily engaged in serving prepared food and/or beverages for consumption on or off the premises.

Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks.

This use includes karaoke bars and micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages.

Brewpub. A full-service or limited-service restaurant with a micro-brewery as an accessory use.

A brewpub may sell other supplier's beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises.

Restaurant, Full Service. Restaurants providing food and beverage services to patrons who order and are served while seated and pay after eating. Take-out service may also be provided.

Restaurant, Limited Service. Establishments where food and beverages are consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products.

Restaurant with Drive Through. A restaurant where food or coffee-type beverages are purchased by motorists who remain in their vehicles during the sales transaction. 1115
Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Efficiency Unit. Efficiency unit has the same meaning as defined in Section 17958.1 of the California Health and Safety Code.

Elderly and Long-Term Care. Establishments that provide 24-hour medical, convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, and is licensed as a skilled nursing facility by the State of California, including but not limited to, rest homes, nursing homes, and convalescent hospitals, but not Residential Care, Hospitals, or Clinics.

Electric Vehicle (EV). A State-licensed motor vehicle that operates either partially or exclusively on electrical energy from the grid, or an off-board source, where the energy is stored on-board. Electric vehicle includes a battery electric vehicle, a plug-in hybrid electric vehicle, and an electric motorcycle. Offroad, self-propelled vehicles, such as industrial trucks, hoists, and golf carts, are not included.

Electric Vehicle Supply Equipment. The conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and other fitting, devices, power outlets, or apparatus installed specifically for the purposes of transferring energy between the premises wiring and the electric vehicle.

Emergency. A sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay (Government Code §65582 subdivision (g) and Health and Safety Code, §50801 subdivision (e)). Emergency shelters shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care consistent with Government Code §65583(a)(4)(C)).

Employee Housing. As defined and regulated by Section 17008, “Employee Housing Act,” of the California Health and Safety Code.

Pursuant to Section 17021.6 of the California Health and Safety Code, any employee housing consisting of no more than thirty-six (36) beds in a group quarter, or twelve (12) units or spaces designed for use by a single family or household, or that is approved pursuant to Section 17021.8, shall be deemed an agricultural land use for the purposes of this Section. Such use may be subject to a streamlined ministerial approval process and siting requirements pursuant to Section 17021.8 of the California Health and Safety Code.

Environmental Impact Report (EIR). An Environmental Impact Report is a report that may be required under the California Environmental Quality Act.

Environmental Review. An evaluation process conducted pursuant to the California Environmental Quality Act to determine whether a proposed project may have a significant impact on the environment.

Erect. To build, construct, attach, hang, place, suspend or affix to or upon any surface. Such term shall also include the painting of wall signs.

Et seq. An abbreviation for the Latin phrase et sequences, meaning "and the following." EV Capable. An EV Capable space refers to a parking space with conduit installed and allocated 208/240-volt 40-amp electric panel capacity for future EV charging stations.

EV Ready. An EV Ready space has easily accessible electric vehicle supply equipment needed for charging an electric vehicle, 208/240-volt 40-amp panel capacity, conduit, wiring, and overprotection devices.
1116
EV Space. A parking space intended for future installation of an electric vehicle charging equipment.

An EV Space does not need to be reserved for electric vehicle charging prior to the installation of the electric vehicle charging equipment.

Exterior Storage. The outdoor placement or keeping of materials in an area not fully enclosed by a storage structure.

FAA. Federal Aviation Administration.

Façade. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building. The portion of any exterior elevation of a building extending vertically from the grade to the top of a parapet wall or eave, and horizontally across the entire width of the building elevation.

Family. One or more persons, related or unrelated, living together as a single housekeeping unit.

Family Day Care. A day-care facility licensed by the State of California that is located in a dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of less than 24 hours a day.

Small. A facility that provides care for up to six children or eight children including children who reside at the home and are under the age of 10.

Large. A facility that provides care for seven to 14 children, including children who reside at the home and are under the age of 10.

Farmers Market. An event that occurs on a regular basis in the same location and the majority of vendors are farmers, ranchers and other agricultural producers selling food, plants, flowers, and addedvalue products.

FCC. Federal Communications Commission.

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.

FEMA. Federal Emergency Management Agency.

Fence-Related Terms.

Fence. A horizontal or vertical barrier that functions as a means of protection or confinement or obscures sight to provide privacy, including a wall, hedge, or structure made of metal, wood or similar material.

Opacity. The proportion of a fence construction that is opaque, including pilasters and pickets.

Final Map. A map showing a subdivision for which a tentative and final map are required by the Subdivision Map Act or this Ordinance, prepared in accordance with the provisions of this Ordinance and the Subdivision Map Act and designed to be recorded in the Contra Costa County Clerk-Recorder's Office, County Recorder Division.

Finance, Insurance and Real Estate Services. The finance, insurance and real estate service use type refers to establishments primarily engaged in the provision of financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies or real estate firms.

Fire Chief. The Fire Chief of the City of Richmond.

Floor Area. The total horizontal enclosed area of all the floors below the roof and within the outer surface of the walls of a building or structure, including basements, mezzanines, interior balconies, and upper stories or levels in a multistory building unless otherwise stipulated.

Food and Beverage Sales. Retail sales of food and beverages for off-site preparation and consumption. Typical uses include food markets, groceries, and liquor stores.

Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises 1117
consumption. These establishments typically have long or late hours of operation and occupy a relatively small building. This classification includes small retail stores located on the same parcel as or operated in conjunction with a Service Station but does not include delicatessens or specialty food shops.

Farmers Market. A location where the primary activity is the sale of agricultural products by produces and certified producers. Sales of ancillary products may occur at the location. An open air farmers market may only be operated by a local government agency.

General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; commissaries, candy, nuts and confectionary stores; meat or produce markets; vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales.

Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for offsite consumption.

Food Membership Distribution Site. A site where pre-ordered food is delivered and picked up as part of a food buying club or community supported agriculture organization.

Footprint. The horizontal area, as seen in plan view, of a building or structure, measured from the outside of exterior walls and supporting columns, and excluding eaves.

Freight/Truck Terminal and Warehouse. Facilities for freight, courier, and postal services by truck or rail. This classification does not include local messenger and local delivery services (see Light FleetBased Services).

Frontage, Street. (Synonym: Private Frontage)That portion of a lot or parcel of land that borders a public street. "Street frontage" will be measured along the common lot line separating said lot or parcel of land from the public street, highway, or parkway.

Funeral and Interment Service. Establishment primarily engaged in providing services involving the care during preparation for burial of human remains other than in a cemetery. Typical uses include a funeral home or mortuary.

Garage. A building or portion thereof, containing accessible and usable enclosed space designed, constructed, and maintained for the parking or storage of one or more motor vehicles.

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, such as to cause annoyance, discomfort, or loss of visual performance and ability.

Government Buildings. Administrative, clerical, or public contact offices of a government agency, including postal facilities and courts, together with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Utilities, Major).

Government Code. The Government Code of the State of California.

Grade. The location of the ground surface.

Adjacent Grade. The lowest elevation of ground surface within five feet of the building exterior wall.

Average Grade. A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.
1118
Existing Grade. On vacant parcels before any land development activities are undertaken, the elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.

Finished Grade. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the lot line, or when the lot line is more than five feet from the building, between the building and a line five feet from the building.

Group Residential. Shared living quarters without separate kitchen or bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, and private residential clubs, but excludes extended stay hotels intended for long-term occupancy (see Hotel and Motel) and Residential Facilities.

Congregate Housing. A residential facility with shared kitchen facilities, deed-restricted or restricted by an agreement approved by the City for occupancy by low- or moderate-income households, designed for occupancy for periods of six months or longer, providing services that may include meals, housekeeping and personal care assistance as well as common areas for residents of the facility.

Senior Group Residential. A residential facility that provides residence for a group of senior citizens (persons 62 years of age or older) with a central kitchen and dining facilities and a separate bedroom or private living quarters.

Habitable Room. A space intended for living, sleeping, eating, or cooking, including living rooms, dining rooms, bedrooms, kitchens, dens, family rooms, recreation rooms, and enclosed porches suitable for year-round use. Specifically excluded are balconies, bathrooms, foyers, garages, hallways, laundries, open porches, pantries, storage closets, utility rooms, unfinished attics and basements, other unfinished spaces used for storage, and water closets.

Hazardous Waste Terms.

Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

Hazardous Waste Facility. All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste recycling management units, or combinations of these units.

Health and Safety Code. The Health and Safety Code of the State of California.

Heat. Thermal energy of a radioactive, conductive, or convective nature.

Height. The vertical distance from a point on the ground below a structure to a point directly above.

Home Occupation. A business enterprise conducted in a dwelling unit, garage or accessory building in a residential district that is incidental to the principal residential use and which is consistent with the criteria below.

Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).
1119
Hospital. A facility providing medical, surgical, mental health, or services primarily on an inpatient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Clinic. A facility providing medical, mental health, or surgical services exclusively on an outpatient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis. This classification does not include private medical and dental offices that typically require appointments and are usually smaller scale.

Skilled Nursing Facility. A facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes physician, nursing, dietary, pharmaceutical services and an activity program.

Intermediate care programs that provide skilled nursing and supportive care for patients on a less-than-continuous basis are classified as skilled nursing facilities.

Hours of Operation. Refers to the time from when a business opens and serves customers or patrons to the time when it closes and the last customer or patron departs.

Household. See Family.

Household Income Types.

Extremely Low Income Household. A household of extremely low income as defined in Section 50106 of the Health and Safety Code.

Low Income Household. Households of lower income as defined in Section 50079.5 of the Health and Safety Code.

Moderate Income Household. Households of moderate income as defined in Section 50093 of the Health and Safety Code.

Very Low Income Household. Households of very low income as defined in Section 50105 of the Health and Safety Code.

Household Pets. Animals that are customarily kept within a dwelling or a yard for the personal use or enjoyment of the residents.

Housing Authority. The Housing Authority of the City of Richmond.

Illegal use. Any use of land or building that does not have the currently required permits, and was originally constructed and/or established without permits or approvals required for the use at the time it was brought into existence.

Improvement. Improvement refers to:

1. Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map; and

2. Any other specific infrastructure, such as streets and sidewalks, trails, drainage, utilizes, or other types of physical improvements, the installation of which, either by the subdivider, public agencies, private utilities, any other entity approved by the City, or a combination thereof, is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan.
1120
Improvement Agreement. A legal document defining responsibilities for installation and maintenance of improvements in a subdivision and guaranteeing construction of these improvements.

Improvement Plan. One or more city standard engineered drawings, done according to the city's standard, that show in detail the improvements that are to be installed in any particular development, including but not limited to plan and profile views of streets, sewers, storm drains, and associated facilities.

Indoor Agriculture. Indoor areas used for the cultivation of plants, excluding marijuana. This use type includes the accessory sale of goods produced on-site, but excludes marijuana cultivation.

Industrial, General. The general industrial use type refers to industrial plants primarily engaged in the manufacturing, compounding, processing, assembling, packaging, treatment or fabrication of materials and products. This classification includes operations such as agriculture processing; biomass energy conversion; production apparel manufacturing; photographic processing plants; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; primary metal manufacturing; fabricated metal product manufacturing; and automotive and heavy equipment manufacturing.

Industrial, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; perishable commodity services and handling with cold storage; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food for off-site consumption. Typical food manufacturing uses include canners, roasters, production breweries, wholesale bakeries, and frozen food manufacturers.

Instructional Services. Services for the purpose of personal enrichment. Typical uses include classes or instruction in music, health, athletics, art, or academics. Instructional Services includes rehearsal studios as an accessory use.

Intensity of Use. The extent to which a particular use or the use in combination with other uses affects the natural and built environment in which it is located, the demand for services, and persons who live, work, and visit the area. Measures of intensity include but are not limited to requirements for water, gas, electricity, or public services; number of automobile trips generated by a use; parking demand; number of employees on a site; hours of operation; the amount of noise, light or glare generated; the number of persons attracted to the site, or, in eating establishments, the number of seats.

Intersection, Street. The area common to two or more intersecting streets.

ITE. Institute of Transportation Engineers.

Junior Accessory Dwelling Unit. A residential dwelling that is no more than 500 square feet in size and is contained entirely within a proposed or existing single-family dwelling, including within accessory spaces enclosed within the residence such as an attached garage. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities that are within the existing structure.

Kitchen. Any room or space within a building intended to be used for the cooking or preparation of food.

Land Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained, including residential, commercial, industrial, etc.

Landscape-Related Terms.

Applied Water. The portion of water supplied by the irrigation system to the landscape.

Automatic Irrigation Controller. An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data. 1121
Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

Certified Irrigation Designer. A person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other certification program.

Check Valve or Anti-Drain Valve. A valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

Compost. The safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

Drip Irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Drip irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

Effective Precipitation or "Usable Rainfall" (Eppt). The portion of total precipitation which becomes available for plant growth.

Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.

Established Landscape. The point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

Establishment Period. The first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment.

Estimated Total Water Use (ETWU). The total water used for the landscape.

ET Adjustment Factor. A factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape.

Evapotranspiration Rate. The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Flow Rate. The rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

Flow Sensor. An inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate.

Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wasters. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers.

Hydrozone. A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).
1122
Invasive Plant Species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.

Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied.

Irrigation Survey. An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

Irrigation Water Use Analysis. An analysis of water use data based on meter readings and billing data.

Landscape Area. All the planting areas, turf areas, and water features in a landscape design plan. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape Contractor. A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

Landscape Water Meter. An inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

Landscaping. The planting, configuration and maintenance of trees, ground cover, shrubbery and other plant material, decorative natural and structural features (walls, fences and hedges), earth patterning and bedding materials, and other like site improvements, for an aesthetic or functional purpose.

Lateral Line. The water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

Low Volume Irrigation. The application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers.

Maximum Applied Water Allowance. The upper limit of annual applied water for the established landscaped area.

Microclimate. The climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

Mulch. Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

Operating Pressure. The pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

Overhead Sprinkler Irrigation Systems. Systems that deliver water through the air (e.g., spray heads and rotors).

Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.
1123
Plant Factor or "Plant Water Use Factor". A factor that estimates the amount of water needed by plants. Plant factors are derived from the University of California publication "Water Use Classification of Landscape Species" known as (WUCOLS). Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations.

Precipitation Rate. The rate of application of water measured in inches per hour.

Rain Sensor. A component of an irrigation system that automatically suspends an irrigation event when it rains.

Recycled Water. Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features.

Reference Evapotranspiration (ETo). A standard measurement of environmental parameters that affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered.

Runoff. Water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

Soil Moisture Sensing Device. A device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

Special Landscape Area. An area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

Sprinkler Head. A device that delivers water through a nozzle.

Station. An area served by one valve or by a set of valves that operate simultaneously.

Swing Joint. An irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

Turf. A ground cover surface of mowed grass.

Valve. A device used to control the flow of water in the irrigation system.

Water Conserving Plant Species. A plant species identified as having a very low or low plant factor.

Water Feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). Constructed wetlands used for on-site wastewater treatment or stormwater retention that are not irrigated are not water features.

Watering Window. The time of day irrigation is allowed.

WUCOLS. The Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000.

Ldn. The day-night average sound level (also referred to as DNL) is the average noise level over a 24-hour period. The noise between the hours of 10 p.m. and 7 a.m. is artificially increased by 10 dB to take into account the decrease in community background noise of 10 dB during this time period. 1124
Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with two or fewer fleet vehicles on-site.

Lighting-Related Terms.

Color Rendition. Ability of a light source to show true colors as seen outdoors in sunlight.

Display Lot or Area. Outdoor areas where active nighttime sales activity occurs and where accurate color perception of merchandise by customers is required. Includes display areas for automobile sales, boat sales, tractor sales, building supply sales, gardening or nursery sales, and swap meets.

Flood Lamp. A specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a diffusing glass envelope.

Fully Shielded Light Fixture. A lighting fixture constructed in such a manner that all light emitted by the fixture, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal.

Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility; blinding light.

Illuminance. The amount of light falling onto a unit area of surface - measured in lumens per square foot (footcandles).

Light Trespass. Light falling where it is not wanted or needed, typically across property boundaries.

Lumen. Unit used to measure the amount of light emitted by lamps.

Luminaire. The complete lighting assembly (including the lamp, housing, reflectors, lenses and shields), less the support assembly (pole or mounting bracket); a light fixture.

Lux. A unit of illuminance. One lux equals approximately 0.1 footcandles.

Opaque. Opaque means that a material does not transmit light from an internal illumination source.

Outdoor Light Fixture. An outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement.

Searchlight. A lighting assembly designed to direct the output of a contained lamp in a specific tightly focused direction (a beam) with a reflector located external to the lamp, and with a swiveled or gimbaled mount to allow the assembly to be easily redirected.

Spot Lamp. A specific form of lamp designed to direct its output in a specific direction (a beam) with a reflector formed from the glass envelope of the lamp itself, and with a clear or nearly clear glass envelope.

Live-Work. A unit that combines a work space and incidental residential occupancy occupied and used by a single household in a structure that has been constructed for such use or converted from 1125
commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by one or more occupants of the unit.

Living Accommodations. Shared living quarters with or without separate kitchen or bathroom facilities for each room or unit.

Living Room. The principal room in a dwelling unit designed for general living purposes rather than for sleeping.

Lot. A parcel, tract, or area of land whose boundaries have been established by a legal instrument, such as a deed or map recorded with Contra Costa County, and is recognized as a separate legal entity for purposes of transfer of title, except public easements or rights-of-way. Lot types include the following:

Abutting Lot. A lot having a common property line or separated by a public path or lane, private street, or easement to the subject lot.

Corner Lot. A lot or parcel bounded on two or more sides by street lines that have an angle intersection that is not more than 135 degrees.

Flag Lot. A lot so shaped that the main portion of the lot area does not have access to a street other than by means of a corridor having less than 20 feet of width. Also called a "panhandle" lot.

Interior Lot. A lot bounded on one side by a street line and on all other sides by lot lines between adjacent lots, or that is bounded by more than one street with an intersection greater than 135 degrees.

Through Lot. A lot having frontage on two parallel or approximately parallel streets.

Figure 15.04.104.020: Lot and Yard Types
1126
Lot Area. The area of a lot measured horizontally between bounding lot lines.

Lot Area, Net. The lot area minus any public rights-of-way, public easements, floodplains, environmentally sensitive areas, and areas with archaeological or cultural resources.

Lot Coverage. The portion of a lot that is covered by structures, including principal and accessory buildings, garages, carports, patios with covers that are 50 percent or less open to the sky, and roofed porches, but not including unenclosed and unroofed decks, landings, or balconies.

Lot Line. The boundary between a lot and other property or the public right-of-way.

Lot Line Adjustment. A shift or rotation of an existing lot line of four or fewer existing, adjoining parcels, where the land is taken from one parcel and added to an adjoining parcel, and where a greater number of parcels than originally existed is not created.

Lot Line Types.

Front Lot Line. (Synonym: Front Design Site Line) On an interior lot, that portion abutting a public or private street. On a flag or panhandle lot, the interior lot line most parallel to and nearest the street or lane from which access is obtained.

Front Lot Line, Corner Lot. (Synonym: Front Site Line, Corner Lot) The narrowest lot line abutting a public or private street or lane.

Interior Lot Line. (Synonym: Interior Design Site Line) Any lot line that is not adjacent to a street.

Rear Lot Line. (Synonym: Rear Design Site Line) The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.
1127
Side Lot Line. Any lot line that is not a front or rear lot line.

Street Side Lot Line. A side lot line of a corner lot that is adjacent to a street.

Low Barrier Navigation Center. As defined and regulated by Government Code Section 65660, a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. In this context, “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
(2) Pets;
(3) The storage of possessions; and
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

Maintenance and Repair. The repair or replacement of nonbearing walls, fixtures, wiring, roof, or plumbing that restores the character, scope, size, or design of a structure to its previously existing, authorized, and undamaged condition.

Maintenance and Repair Service. Establishments engaged in the maintenance or repair of office machines, household appliances, furniture, and similar items. This classification excludes maintenance and repair of motor vehicles or boats (see Automotive/Vehicle Sales and Services) and personal apparel (see Personal Services).

Major Subdivision. A subdivision of five or more parcels, five or more condominiums as defined in Section 783 of the State Civil Code, or a community apartment project containing five or more parcels.

Also, the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

Major Transit Stop. A site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods.

Mansard. A wall which has a slope equal to or greater than two vertical feet for each horizontal foot and has been designed to look like a roof.

Marijuana-Related Terms.

Attending Physician. An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of cannabis is appropriate.

Bureau of Medical Marijuana Regulations. The bureau with the California Department of Consumer Affairs created to develop, administer and enforce comprehensive rules for the marijuana industry in California, from licensing marijuana growers to crafting environmental protections.

Cannabis. See Marijuana.

Collective. See Dispensary.
1128
Commercial Cannabis Activity. Includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of medical cannabis or a medical cannabis product, except as set forth in Section 19319 of the Business and Professions Code, related to qualifying patients and primary caregivers.

Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of medical cannabis.

Delivery. The commercial transfer of medical marijuana or medical marijuana products from a dispensary, up to an amount determined by the Bureau to a primary caregiver or qualified patient as defined in Section 11362.7 of the California Health and Safety Code. Delivery also includes the use by a dispensary or any technology platform owned by and controlled by a dispensary or independently licensed under State law whereby qualified patients or primary caregivers arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products.

Dispensary. A premises where medical cannabis, medical cannabis products, edible cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Section 19340 of the California Business and Professions Code, medical cannabis and medical cannabis products as part of a retail sale.

Distributor. A person licensed by the City to engage in the business of purchasing medical cannabis from a licensed cultivator, or medical cannabis products from a licensed manufacturer, for sale to a licensed dispensary.

Edible Marijuana Product. Manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the California Food and Agricultural Code.

Management Member. A person with responsibility for the establishment, organization, registration, supervision, or oversight of the operation of a medical marijuana business, including but not limited to persons who perform the functions of president, vice president, director, operating officer, financial officer, secretary, treasurer, or manager of the business. Any person or entity having a financial interest in the medical marijuana business.

Manufacturer. A person that conducts the production, preparation, propagation, or compounding of manufactured medical cannabis, or medical cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages medical cannabis or medical cannabis products or labels or relabels its container.

Marijuana. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the crude or purified resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. See also "marijuana."
Marijuana Cultivation Facility. Any building in which medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of these activities using artificial lighting in whole or in part.

Marijuana Product Manufacturer. A manufacturer of a medical marijuana product. 1129
Medical Marijuana. A product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the California Health and Safety Code. For the purposes of these zoning regulations, "medical cannabis" does not include "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

Medical Marijuana Business. Establishments, properties, parcels, and/or structures involved in any commercial cannabis activity.

Medical Marijuana Regulation and Safety Act (MMRSA). Article 6 (commencing with Section 19331) Chapter 3.5 of Division 8 of the California Business and Professions Code, as amended.

Person. An individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

Primary Caregiver. The individual, designated by a qualified patient or by a person with an identification card issued pursuant to California Health and Safety Code Section 11362.7, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. The primary caregiver may be a licensed clinic, residential care facility, hospice, or home health agency.

Qualified Patient. A person who is entitled to the protections of California Health and Safety Code Section 11362.5 for patients who obtain and use cannabis for medical purposes upon the recommendation of an attending physician, whether or not that person applied for and received a valid identification card issued pursuant to State Law.

Testing Laboratory. The premises where tests are performed on medical cannabis or medical cannabis products and that holds a valid certificate of accreditation.

Transporter. A person who holds a license by the Bureau to transport medical cannabis or medical cannabis products in an amount above a threshold determined by the Bureau between licensees that have been issued a license pursuant to the MMRSA.

Marinas. Facilities for the docking of boats and related accessory uses, including boat rentals, boat repairs, boat fueling facilities, retail sales and rentals of marine supplies and equipment, and a harbor masters office.

Master Fee Schedule. The schedule of fees and service charges established by the City manager pursuant to Section 2.34.040 to recover a portion or all of the costs reasonably necessary to provide the listed regulation, products or services.

Media Production.Facilities for motion picture, television, video, sound, computer, and other communications media production.

Merger. The joining of two or more contiguous parcels of land under one ownership and into one parcel.

Mezzanine. An intermediate floor within a building interior without complete enclosing interior walls or partitions that is not separated from the floor or level below by a wall, and has a floor area that is no greater than one third of the total floor area of the floor below.

Mixed-Use Building. A building with multiple uses, such as retail, office, and residential.

Mixed-Use Development. A development that combines both residential and non-residential uses on the same lot.

Mobile Vending Unit. A vehicle (e.g., truck, trailer, wagon) or structure not permanently fixed to a permanent foundation that may be moved under its own power, moved by hand, towed by a motor vehicle 1130
or carried upon or in a motor vehicle or trailer. A mobile vending unit does not include news racks or vending machines but does include mobile vending food preparation units and vehicles, such as "taco trucks".

Monument Works. An establishment that makes gravestones, headstones, tomb monuments, obelisks, statuary, or other markers to commemorate an individual or event, typically for use in cemeteries and public places.

Multi-Use Path. A completely separated right-of-way for exclusive non-motorized use with cross flow minimized to the extent possible.

Multiple-Unit Dwelling. Three or more dwelling units within a single building or within two or more buildings on a site or parcel. Types of multiple-unit dwellings include garden apartments, senior housing developments, and multi-story apartment buildings. This classification includes transitional housing in a multiple-unit format and Single-Room Occupancy (SRO) housing units that may have kitchen and/or bathroom facilities and are guest rooms or efficiency apartments as defined by the State Health and Safety Code. The classification is distinguished from Group Residential.

Municipal Code. The City of Richmond Municipal Code.

Neighborhood Council. A neighborhood organization identified by the City Council, which represents the interests of local residents.

Noise-Related Terms.

Ambient Noise Level. The all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Cumulative Period. An additive period of time composed of individual time segments which may be continuous or interrupted.

Decibel (dB). A unit of noise measurement indicating the loudness of sound, based on logarithmic (base 10) scale.

Noise Level. The "A" weighted sound pressure level in decibels obtained by using a sound level meter. The "A" weighted discriminates against the lower and higher frequencies according to a relationship with the sensitivity of the human ear. The unit of measurement is designated as dB(A).

Nonconforming Lot. A legally created parcel of land having less area, frontage, or dimensions than the zoning regulations require for the zoning district in which it is located.

Nonconforming Structure. A nonconforming structure is a structure that complied with zoning and development regulations at the time it was built but which, because of subsequent changes to the Zoning Regulations, no longer conforms to the specific regulations applicable to the zoning district where the structure is located.

Nonconforming Use. The use of a building, structure, or site, or portion thereof, that was lawfully established and maintained, but, because of subsequent changes in the Zoning Regulations, no longer conforms to the specific regulations applicable to the zoning district where the use is located.

Nursery and Garden Center. Establishments primarily engaged in retailing nursery and garden products—such as trees, shrubs, plants, seeds, bulbs, and sod—that are predominantly grown elsewhere. Fertilizer and soil products are stored and sold in packaged form only.

NPDES. The National Pollutant Discharge Elimination System created by the 1972 Federal Clean Water Act.

Off-Site Use. An activity or accessory use that is related to a specific primary use, but is not located on the same lot as the primary use.
1131
Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics or independent research laboratory facilities (see Research and Development) and hospitals.

Medical and Dental. Offices providing consultation, diagnosis, therapeutic, preventive, or corrective personal-treatment services by doctors and dentists; medical and dental laboratories that see patients; and similar practitioners of medical and healing arts for humans licensed for such practice by the State of California. Incidental medical and/or dental research within the office is considered part of the office use.

Walk-In Clientele. Offices providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check-cashing facilities, which are separately classified and regulated (see Banks and Financial Institutions).

On-Site Use. An activity or accessory use that is related to a specific primary use which is located on the same lot as the primary use.

Open Space Types.

Open Space, Common. Areas for outdoor living and recreation that are intended for the use of residents and guests of more than one dwelling unit. Common areas typically consist of landscaped areas, walks, patios, swimming pools, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development.

Open Space, Private. Open areas for outdoor living and recreation that are adjacent and directly accessible to a single dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests. Private areas typically consist of courtyards, balconies, decks, patios, fenced yards, and other similar areas.

Open Space, Useable. Outdoor areas that provide for outdoor living and/or recreation for the use of residents.

Opposite. Across from or across the street from.

Ordinary Maintenance. Repair and maintenance activities that are periodic and that do not involve a change to the architectural or historic value, style or general design of the building, structure, or object. Inkind replacement or repair is included in this definition of ordinary maintenance.

Outdoor Agriculture. Outdoor areas used for the cultivation of plants, excluding marijuana. This use type includes the accessory sale of goods produced on-site, but excludes marijuana cultivation.

Outdoor Vendor. A person who sells or displays for sale any type of goods or services on private property, but not within a structure constructed on a permanent foundation. Persons engaged in a business conducted from a structure constructed on a permanent foundation that involves outdoor display, sale, or storage of the same type of goods sold as part of the primary business activity on those premises shall not be considered outdoor vendors.

Overlay District. A zoning designation specifically delineated on the Zoning Map establishing land use requirements that govern in addition to the standards set forth in the underlying base district.

Owner. A person or persons holding single or unified beneficial title to the property, including but not limited to the settlor of a grantor trust, a general partner, firm or corporation.

Parapet Wall. That part of a wall that extends above the roof line. 1132
Parcel. A legally subdivided plot of land shown on a map of record. Also referred to as "lot." Parcel Map. A map showing a division of land of four or fewer parcels as required by this Ordinance, prepared in accordance with the provisions of this Ordinance and the Subdivision Map Act.

Park and Recreation Facility. Parks, playgrounds, recreation facilities, trails, wildlife preserves, and related open spaces, which are open to the general public. This classification also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, and golf courses, botanical gardens, as well as related food concessions or community centers within the facilities and restrooms within a primary structure or in an accessory structure on the same site.

Parking Area. An area of a lot, structure, or any other area, including driveways, which is designed for and the primary purpose of which is to provide for the temporary storage of operable motor vehicles.

Parking Facilities, Commercial. Surface lots and structures offering paring to the public for a fee when such use is not incidental to another activity. These facilities may be publicly or privately-owned.

Path. A way designed for use by pedestrians, animals, and bicyclists and that is not for use by motor vehicles.

Peak Hour. The hour when the greatest daily traffic volume occurs; this generally occurs during morning and afternoon commute times. Traffic counts are obtained during AM and PM peak periods, and the volume from the heaviest hour of AM or PM traffic is used to define the peak hour for those time periods.

Pedestrian Way. A right-of-way designed for use by pedestrians and bicyclists that is not designed for or used by automotive vehicles and is not located within a street right-of-way.

Permit. Any Zoning Clearance, conditional use permit, administrative use permit, temporary use permit, Building Permit, license, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

Permitted Use. Any use or structure that is allowed in a zoning district without a requirement for approval of a use permit, but subject to any restrictions applicable to that zoning district.

Person. Any individual, firm, association, organization, partnership, business trust, company, or corporation.

Personal Services.

General Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. It does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction.

Massage Establishment. Any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, joint venture or combination of individuals conducts, carries on or permits to be engaged in, conducted or carried on, for consideration or compensation, massages, baths or health treatments involving therapeutic massages or baths as regular functions. Exempted from this definition are massage therapists operating in conjunction with and on the same premises as a physician, surgeon, chiropractor, osteopath, nurse or any physical therapist (State-licensed professions or vocations) who are duly Statelicensed to practice their respective professions in the State of California.

Health/Fitness Facility. A fitness center, gym, exercise club, health and athletic club, or studio offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of more than five persons. The facility may include exercise machines, weight training equipment, group exercise rooms, sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, and other indoor sports activities, indoor or outdoor pools. 1133
Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or 2) piercing of the body of a person for the purpose of inserting jewelry or other decoration.

Persons with Disabilities. Persons who have a medical, physical, or mental condition, disorder or disability as defined in Government Code Section 12926 or the Americans With Disabilities Act, that limits one or more major life activities.

Petroleum Refining. An industrial use facility that refines crude oil into petroleum products, such as diesel, gasoline and heating oils. This uses includes the accessory facilities need for management, testing, transport and storage Petroleum refineries (oil refineries) essentially serve as the second stage in the production process following the actual extraction by oil rigs.

Planned Development. A development that has common areas owned by an association or owners and has the power to enforce obligations of owners by imposing assessments as more particularly defined in Civil Code Section 4175.

Planned Residential Group. Two or more grouped dwellings that may deviate from standard area, yard, height, parking or fencing requirements whose design and site layout have been approved through a conditional use permit process by the Planning Commission under pursuant to the Zoning Ordinance.

Planning Division. The Planning Division of the Planning and Building Services Department of the City of Richmond.

Planting Strip. The area between the curb, or in the case where there is no curb the edge of the roadway, and the abutting property line, that is not improved by surfacing intended for the use of pedestrians, is designed to separate the sidewalk from the roadway or to prevent access to abutting properties, and is intended to be planted with trees or otherwise landscaped. Grates or other coverings of said areas shall not be considered as surfacing intended for the use of pedestrians.

Pre-existing. In existence before the effective date of the ordinance updating Article XV.

Principal Structure. A structure in which the principal use of its lot is conducted. In any residential or agricultural zoning district, a dwelling is deemed to be the principal structure on the lot on which it is situated.

Printing and Publishing. An establishment engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying; and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals; establishments manufacturing business forms and binding devices. Quick printing services are included in the Business Services use type.

Project. Any proposal for a new or changed use or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this ordinance. This term includes, but is not limited to, any action that qualifies as a "project" as defined by the California Environmental Quality Act.

Property Line. The recorded boundary of a lot or parcel of land.

Public Resources Code. The Public Resources Code of the State of California.

Public Safety Facility. Facilities providing public-safety and emergency services, including police and fire protection and emergency medical services, with incidental storage, training and maintenance facilities.

Qualified Applicant. The property owner, the owner's agent, or any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal or is the holder of an option or contract to purchase such land or otherwise has an enforceable proprietary interest in such land.

Reasonable Accommodation. Any deviation requested and/or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and/or procedures under provisions of 1134
federal or California law to make housing or other facilities readily accessible to and usable by persons with disabilities and thus enjoy equal employment or housing opportunities or other benefits guaranteed by law.

Research and Development. The research and development use type refers to establishments primarily engaged in the research, development, and controlled production of high-technology electronic, industrial or scientific products or commodities for sale, but excludes uses which in the opinion of the planning commission, may be objectionable by reason of production of offensive odor, dust, noise, bright lights, vibration or the storage of hazardous material or products, or uses which in the opinion of the commission threaten public safety. Typical uses include biotechnology firms.

Residential Facility. Facilities that provide permanent living accommodations and 24-hour primarily non-medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including group homes for minors, persons with disabilities, people in recovery from alcohol or drug additions, and hospice facilities.

Residential Care, General. A Residential Facility licensed by the State of California and providing care for more than six persons.

Residential Care, Limited. A Residential Facility licensed by the State of California providing care for six or fewer persons.

Residential Care, Senior. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person, where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California.

Hospice, General. A facility that provides residential living quarters for more than six terminally ill persons.

Hospice, Limited. A facility that provides residential living quarters for up to six terminally ill persons.

Retail Sales.

Building Materials and Services. Retail sales or rental of building supplies or equipment. This classification includes lumberyards, tool and equipment sales or rental establishments, and includes establishments devoted principally to taxable retail sales to individuals for their own use. This definition does not include Construction and Material Yards, hardware stores less than 10,000 square feet or establishments engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunitions.

General Retail Sales, Small-Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including department stores, clothing stores, furniture stores, pet supply stores, small hardware and garden supply/nurseries stores (with 10,000 square feet or less of floor area), and businesses retailing goods including, but not limited to, the following:
toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies and services (including portraiture and retail photo processing), medical supplies and equipment, pharmacies, electronic equipment, sporting goods, kitchen utensils, hardware, appliances, antiques, art galleries, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories (excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small-item repairs. 1135
General Retail Sales, Large-Scale. Retail establishments with over 25,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area.

Pawn Shop; Secondhand Store. Establishments engaged in the buying, selling, trading, accepting for consignment, accepting for auctioning, or auctioning of new or secondhand merchandise and offering loans in exchange for personal property. This classification includes stores that buy and sell second hand articles, as defined and regulated in Chapter 7.60 of the Municipal Code, but excludes close-out sales as defined and regulated by Chapter 7.34 of the Municipal Code. It also does not include any business owned and operated by a charitable, nonprofit entity.

With Drive-Through. A retail establishment with drive-through facilities Reversion to Acreage Map. A map filed for the purpose of reverting to acreage land previously placed on record with the County Recorder by means of a subdivision or parcel map.

Right-of-Way. A strip of land acquired by reservation, dedication, prescription, or condemnation, and intended to be occupied or occupied by a road, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, or other similar use.

Salvage and Wrecking. Storage, dismantling and recycling of vehicles, equipment, metals, tires, or other used materials for sale as parts or raw materials, including but not limited to, the collection, storage, exchange or sale of goods, used building materials, used containers or drums, and similar articles or property.

Sanitary Waste and Recycling Facilities. Collection or processing of waste or recyclable materials or items.

Recycling Collection Facilities. A drop-off/collection and sorting point for recyclable materials such as paper, metal, plastic, and glass.

Recycling Processing Facilities. An industrial facility where recycled materials are processed into new materials or products, which may include composting of garden waste or similar green materials. Conversion technology facilities (e.g., waste/biomass to energy) are classified as Major Utilities.

Waste Hauling and Transfer Facilities. Facilities operated by private companies doing waste hauling and transfer, including storing, sorting and/or processing of solid and liquid waste and recyclable materials.

School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools.

Screening. Screening refers to a wall, fence, hedge, informal planting, or berm, provided for the purpose of buffering a building or activity from neighboring areas or from the street.

Seaport. Facilities for freight service and operations by ship. This classification includes piers, marine terminals, container and break-bulk storage areas, related inter-modal facilities, and support services such as port and harbor operations and navigational services.

Setback. The area between a property line and a building, structure, or parking area that must be kept clear or open.

Front Setback. An area extending across the full width of the lot or design site between the front design site line and the primary structure or parking area.

Side Setback. An area between a side lot line or design site line and the primary structure or a parking area, extending between the front and rear setback. 1136
Side Street Setback. On corner lots, the area between a lot line adjacent to a side street or a design site line adjacent to a side street and the principal structure or a parking area, extending between the front and rear setback.

Rear Setback. An area extending the full width of the lot or design site between a rear design site line and the primary structure or a parking area.

Shoreline. In open water areas, the shoreline is the mean high tide line (often called the mean high water line), and in marshes, the shoreline is the higher of the mean high tide line or a line five feet above mean sea level.

Sidewalk. A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

Sight Distance Triangle. A minimum area of unobstructed view that occurs at street intersections.

Sight Triangle. The area enclosed by a triangle formed by the intersecting property lines of a corner lot at a street intersection for a distance of 25 feet or by an alley intersecting a street for a distance of 15 feet that defines a driver's view of approaching, merging or intersecting traffic.

Single Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household, or may provide accommodations for six or fewer employees as “employee housing” pursuant to Health and Safety Code Section 17021.5, located on a single parcel that does not contain any other unit (except a second dwelling unit, where permitted), and is attached through common vertical walls to one or more dwellings on abutting parcel. An attached single-unit dwelling is sometimes called a "townhouse" or "zeroparcel line" development.

Single Unit Dwelling, Detached. A dwelling unit that is designed for occupancy by one household, or may provide accommodations for six or fewer employees as “employee housing” pursuant to Health and Safety Code Section 17021.5, located on a single parcel that does not contain any other dwelling unit (except a second dwelling unit, where permitted), and not attached to another dwelling unit on an abutting parcel. This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code.

Site. A lot, or group of contiguous lots, that is proposed for development and is in a single ownership or under unified control.

Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (see Day Care Center), clinics (see Clinic), and emergency shelters providing 24-hour or overnight care (see Emergency Shelter).

Solar Reflective Index. A measure of a surface's ability to reflect solar heat, combining reflectance and emittance into one number. It is defined so that a standard black (reflectance 0.05, emittance 0.90) is zero and a standard white (reflectance 0.80, emittance 0.90) is one hundred.

Specific Plan. A plan for all or part of the area covered by the General Plan that is prepared to be consistent with and to implement the General Plan pursuant to the provisions of Government Code, Section 65450 et seq.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is that portion of a building included between the upper surface of the topmost floor and the upper surface of the roof above.

First Story. As defined by the California Health and Safety Code Section 19955.3, the lowest story in a building which qualifies as a story and which provides the basic services or functions for which the building is used. A floor level in a building having only one floor level shall be classified as a first story, if the floor level is not more than four feet below grade, for more than 50 percent of the total perimeter, or more than eight feet below grade at any point. 1137
Half Story. That portion of a building under a gable, hip or gambrel roof, the top wall plat of which on at least two (2) opposite exterior walls are not more than three (3) feet above the floor of such building portion.

Street. A public or private thoroughfare, which affords the principal means of access to a block and to abutting property. "Street" includes avenue, court, circle, crescent, place, way, drive, boulevard, highway, road, and any other thoroughfare, except an alley or walkway.

Street Line. The boundary between a street and a lot or parcel of land.

Structural Alterations. Any physical change to or the removal of the supporting members of a structure or building, such as bearing walls, columns, beams, or girders, including the creation, enlargement, or removal of doors or windows and changes to a roofline or roof shape.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

Structure, Accessory. A detached subordinate structure, used only as incidental to the main structure on the same lot.

Structure, Primary (Structure, Main). A structure housing the principal use of a site or functioning as the principal use.

Structure, Temporary. A structure without any foundation or footings, and which is intended to be removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.

Subdivider. A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." Subdivision. The division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of Section 4190 or 6566 of the Civil Code.

Subdivision Map Act. Title 7, Division 2 of the Government Code of the State of California, as amended.

Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Act (Division 45 of the Welfare and Institutions Code), and that are linked to onsite or offsite services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community and where no onsite medical care is provided.

Supportive housing as defined by Subdivision (b) of Section 50675.14 may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements.

Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than

1.5 feet at any point.

TDM. Transportation Demand Management.

Tenant. A person renting or leasing a housing unit or non-residential space. 1138
Tentative Map. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, which need not be based upon an accurate or detailed final survey of the property.

Tentative Parcel Map. A map made for the purpose of showing the design and improvements of a proposed division of land into four or fewer parcels and the existing conditions in and around it.

TMA. Transportation Management Association.

Transient Lodging. Transient lodging refers to establishments primarily engaged in the provision of lodging services with incidental food, drink and other sales and services intended for the convenience of guests. Lodging services involve the provision of room and/or board. Typical uses include hotels and motels.

Bed and Breakfast. A residential structure that is in residential use by the property owner or manager and within which up to four bedrooms are rented for overnight lodging and where meals may be provided.

Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motor lodges, motels, apartment hotels, extended stay hotels, hostels and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, single-room occupancy housing, or bed and breakfast establishments within a single-unit residence.

Transitional Housing. Dwelling units configured as rental housing but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, that shall be not less than six months from the beginning of assistance. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of rental housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters.

Transportation Passenger Terminals. Facilities for passenger transportation operations. This classification includes rail stations, bus terminals, ferry terminals, and scenic and sightseeing facilities.

Urban Agriculture. The growing of crops, plants (excluding marijuana), and fruits; beekeeping; and raising of animals within an urban context.

Use. The purpose for which land or the premises of a building, structure, or facility thereon is designed, arranged, or intended, or for which it is or may be occupied or maintained.

Accessory Use. A use that is customarily associated with, and is incidental and subordinate to, the primary use and located on the same lot as the primary use and occupies no more than 30 percent of the gross floor area.

Incidental Use. A secondary use of a lot and/or building that is located on the same lot but is not customarily associated with the primary use.

Primary Use. A primary, principal or dominant use established, or proposed to be established, on a lot and occupies at least 70 percent of the gross floor area of the tenant space or building.

Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, retail, commercial and office; institutional and community facilities, industrial, and transportation, communication, and utilities.
1139
Use Permit. A discretionary permit, such as an administrative use permit or a conditional use permit, that provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, that are not permitted as of right but may be approved upon completion of a review process and, where necessary, the imposition of conditions of approval.

Use Type. A category that classifies similar uses based on common functional, product, or compatibility characteristics.

Utilities. Equipment and associated features related to the mechanical functions of a building(s) and services such as water, electrical, telecommunications, and waste.

Utilities, Major. Generating plants, electric substations, and solid waste collection, including transfer stations and materials recovery facilities, solid waste treatment and disposal, water or wastewater treatment plants, biomass and waste to energy conversion facilities, and similar facilities of private companies, public agencies or public utilities.

Utilities, Minor. Facilities necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines.

Variance. A discretionary permit allowing a departure from specific provisions of a zoning ordinance such as setbacks, side yards, frontage requirements, and lot size, but not involving the actual use or structure, thus relieving a property owner from strict adherence to development standards when some special circumstances exist which deprive the property owner from developing the property in a manner enjoyed by similar properties.

Vehicle. Any vehicle, as vehicle is defined by the California Vehicle Code, including any automobile, camper, camp trailer, trailer, trailer coach, motorcycle, house car, boat, or similar conveyance.

Vesting Tentative Map. A tentative map for a residential subdivision that shall have printed conspicuously on its face the words "Vesting Tentative Map" at the time it is filed and is processed, in accordance with the provisions of this Ordinance for Vesting Tentative Maps.

Visible. Capable of being seen (whether or not legible) by a person of normal height and visual acuity walking or driving on a public road or in a public place.

Wall. Any vertical exterior surface of building or any part thereof, including windows.

Warehousing, Storage, and Distribution. Storage and distribution facilities without sales to the public on-site or direct public access except for public storage in small individual space exclusively and directly accessible to a specific tenant.

Chemical, Mineral, and Explosives Storage. Storage and handling of hazardous materials including but not limited to: bottled gas, chemicals, minerals and ores, petroleum or petroleumbased fuels, fireworks, and explosives. Notwithstanding the foregoing sentence, the storage and handling of coal and petroleum coke is prohibited in accordance with Article 15.04.615 to the Richmond Municipal Code, except as expressly provided therein.

Indoor Warehousing and Storage. Storage within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of industrial equipment, products and materials. This classification also includes cold storage, draying or freight, moving and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.

Outdoor Storage. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours, except for the keeping of building materials reasonably required for the completion of a project currently under construction.

Mini-Storage. A storage facility that is characterized by individual separate spaces which are accessible by customers for the storing and retrieval of personal effects and household goods. 1140
In no case shall storage spaces be used for manufacturing, retail or wholesale selling, office or other business services, or human habitation.

Wineries.

Winery, Large. An establishment that produces more than 10,000 cases of wine annually, comprising building or buildings used to convert fruit juices (all of part of which are produced on the property) to wine, and to age, bottle, store, distribute and sell said wine. A winery for the purposes of this section includes crushing, fermenting and refermenting, bottling, blending, bulk and bottle storage, aging, shipping, receiving, laboratory equipment and maintenance facilities, sales and administrative office functions. A winery may include on-sale and off-sale wine consumption pursuant to the California Department of Alcohol Beverage Control license for winegrowers.

Winery, Small. An establishment that produces less than 10,000 cases of wine annually, and may include on-sale and off-sale wine consumption pursuant to the California Department of Alcohol Beverage Control license for winegrowers.

Wireless Communications-Related Terms.

Accessory Equipment. Any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless communication facility.

Antenna. Any system of poles, panels, rods, reflecting discs, wires or similar devices used for the transmission or reception of electromagnetic signals, including, but not limited to radio waves and microwaves. An antenna does not include the support structure the antenna(s) is mounted upon.

Antenna, Amateur Radio. An antenna operated by a federally licensed amateur radio operator.

Antenna, Ground-Mounted. An antenna that is not mounted on a pole, a structure, or the roof or wall of a building.

Antenna, Panel. An antenna shaped like a panel that is usually one-directional and is attached to a mounting bracket, which may then be affixed to a building or other structure such as a pole.

Antenna, Satellite Earth Station. An antenna designed and used to receive and/or transmit radio frequency signals directly to and/or from orbiting communications satellites.

Antenna Array. A group of antennas with dimensions, spacing, and illumination sequence arranged and interconnected so that the fields for the individual elements combine to produce a maximum intensity in a particular direction and minimum field intensities in other directions.

Antenna Structure. An antenna array and its associated support structure, such as a pole, mast, or tower, but not including a suspended wire antenna.

Antenna Structure, Freestanding. An antenna structure or mast that is not attached to any part of a building, fence, or other such structure. Freestanding antenna structures include communications towers, utility poles, and concrete and steel monopoles.

Approved Radio Frequency Expert. A person or firm specializing in radio frequency wireless telecommunications technology, including wireless site design.

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network.

A base station includes, without limitation:
1141

1. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment.

3. Any structure other than a tower that supports or houses communication equipment.

Camouflaged Facility. A wireless communications facility located and designed so as to be of minimal visibility, such as being incorporated within an architectural feature such as a steeple or parapet, or in the open but disguised as a tree or other natural feature so that the antenna and supporting antenna equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing landscape or environment rather than identifiable as a wireless communication facility.

Co-Location. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes, including the location of two or more wireless communications facilities on a single support structure or otherwise sharing a common location. Co-location also includes the location of wireless communications facilities with other facilities such as buildings, water tanks, light standards, and other utility facilities and structures.

Eligible Support Structure. Any tower or base station that it is existing at the time an application is filed with the City.

Equipment Shelter. A cabinet or structure designed to enclose equipment used in connection with a wireless communications facility.

Feasible. Feasible means in light of technical feasibility, radio signal transmitting and receiving requirements, aesthetics, electromagnetic fields, costs, landowner permission, facility owner permission, and all necessary approvals, as well as the common meaning of the term.

Mast. A pole of wood or metal or a tower fabricated of metal that is used to support an antenna and maintain it at the proper elevation.

Microcell Facility. A wireless communication facility serving a single carrier and consisting of a small antenna or a networked set of antennas connected with each other and to a wireless service source.

Monopole. An antenna structure, often tubular in shape, usually made of metal, reinforced concrete, or wood. A monopole may also be an alternative antenna structure designed to replicate a tree or other natural feature.

Readily Visible. An object that can be identified as a wireless telecommunications facility when viewed with the naked eye from a public right-of-way or neighboring property.

Radio Frequency. Electromagnetic emission in the frequency range of 300 kHz—300 gigahertz.

Related Equipment. All equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable, conduit, and connectors.

Satellite Dish. Any device incorporating a reflective surface that is solid, open or mesh or bar configured and is in the shape of a shallow dish, cone, horn cornucopia or flat plate used to receive or transmit radio or electromagnetic waves. This term includes satellite earth stations, satellite receivers, satellite discs, direct broadcast systems, television reception only systems and satellite microwave antennas.
1142
Service Provider. Any authorized provider of wireless communications services.

Shot Clock. The time period in which the city must approve or deny a proposed wireless telecommunications facility.

Substantial Change. A modification that substantially changes the physical dimensions of an eligible support structure.

Tolling. Pausing the shot clock, or adding a time period that does not contribute to the finite shot clock.

Tower. Any structure that is designed or constructed primarily for the purpose of supporting one or more antennas. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.

Wireless Communications Facility. Personal wireless service facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies.

Such facilities include antennas, microwave dishes, parabolic antennas, and equipment used in the transmission or reception of such signals; telecommunication towers; associated equipment cabinets; and accessory structures used for provision of personal wireless services.

Yard. An open space on a lot, other than a court on a lot, that is unoccupied and unobstructed from the ground upward.

Front Yard. A yard extending across the front of a lot for the full width of the lot between the side lot lines. The depth of a front yard is a distance specified for the zoning district in which it is located and measured inward from the front lot line.

Interior Side Yard. A yard extending along an interior side of a lot from the front yard line to the rear yard line, and to a depth specified for the zoning district in which it is located and measured inward from the interior side lot line.

Street Side Yard. A yard extending along the street side of a corner lot from the front yard line to the rear yard line, and to a depth specified for the zoning district in which it is located and measured inward from the street side lot line.

Rear Yard. A yard extending across the rear of a lot for its full width between side lot lines, and to a depth specified for the zoning district in which it is located. If a lot has no rear lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Zoning Administrator. The Director of Planning and Building of the City of Richmond, or the person designated by him or her to be the Zoning Administrator.

Zoning Map. A map or maps that are a part of the zoning ordinance and delineate the boundaries of zoning district districts.

Zoning Ordinance; Zoning Regulations. The administrative regulations established under the authority of the Government Code that divide the city into districts and establish a set of standards governing the use, placement, spacing and size of land and buildings and related development controls to implement the General Plan.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 01-19 N.S., § II(Exh. A), 1-15-2019; Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020; Ord. No. 24-20 N.S., § 1, 11-10-2020; Ord. No. 27-20 N.S., § 1, 11-10-2020; Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023) 1143
ARTICLE 15.04.201 - RESIDENTIAL DISTRICTS

15.04.201.010 - Purpose.

The specific purposes of the Residential Districts are to:

A. Preserve, protect, and enhance the character of the City's residential neighborhoods.

B. Ensure adequate light, air, and open space for each dwelling.

C. Ensure that the scale and design of new development and alterations to existing structures are compatible with surrounding homes and appropriate to the physical characteristics of the site and the area where the project is proposed.

D. Promote opportunities for housing for all income groups and for those with special housing needs.

E. Provide sites for public and semi-public land uses, such as day care centers, parks, community facilities, schools, and public safety facilities that will serve City residents.

The following districts implement General Plan classifications of "Hillside Residential", "Low Density Residential", and "Medium Density Residential".

RH Single Family Hillside Residential. This district is intended for residential development comprised of single-family housing on developable portions of hillside lots below the 400-foot elevation. Development in this district must address key environmental challenges and constraints, such as steep slopes and soil erosion, and standards will ensure that development is compatible with hillside conditions and a rural environment. Minimum lot size for this designation is 11,000 square feet, which may be reduced with clustered development.

RL1 Single Family Very Low Density Residential. This district is intended to create, preserve, and enhance areas for very low density single-family housing in outlying, undeveloped hillside areas.

Standards will ensure that development is compatible with hillside conditions and promote clustered development to preserve open space. Minimum lot size for this designation is 6,000 square feet, which may be reduced with clustered development.

RL2 Single Family Low Density Residential. This district is intended for low density residential development with attached and detached single-family homes in level to moderately sloped areas.

Dwelling types also may include small lot single unit development, duplexes, townhomes, cottages, bungalows, and second units. Density in this zoning district is a maximum of 15 dwelling units per acre. In addition to single-unit homes, this district provides for compatible, supportive uses, such as small family day care, park and recreation facilities, civic and institutional uses, including schools and places for community assembly that may be appropriate in a single-family residential neighborhood, and community gardens. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission. Existing multi-family residential structures may remain and may be improved without increasing densities, or may revert to single-family residential uses.

RM-1 Medium Density Multi-Family Residential. This district is intended for single and multi-family housing types such as one to three-story garden apartments, historic bungalows and cottages on small lots, townhouses and stacked flats. A maximum density of 26 dwelling units per acre is permitted, and minimum density of 20 dwelling units per acre is required. In addition to residential uses, this district allows for a limited number of public and semi-public uses such as day care centers, public safety facilities, and residential care facilities that are appropriate in a medium density multi-family residential environment. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission. Small lot single unit and bungalow court development is allowed in the RM-1 District where it would be compatible with the surrounding neighborhood.

RM-2 Medium-High Density Multi-Family Residential. This district is intended for multi-family housing types including apartments, condominiums, townhouses, and group housing. A maximum 1144
density of 40 dwelling units per acre is permitted, and a minimum density of 20 dwelling units per acre is required. In addition to residential uses, this district allows for compatible public and semipublic uses, including day care centers, public safety facilities, community assembly, residential care facilities, and transitional and supportive housing that are appropriate in a medium-high density residential environment. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

15.04.201.020 - Land Use Regulations.

Table 15.04.201.020 prescribes the land use regulations for the Residential Districts. The regulations for each district are established by letter designations as follows:
"P" designates permitted uses.
"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.
"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
"L#" designates numbered limitations listed at the end of the table. "x" designates uses that are not permitted.

Use classifications are defined in Article 15.04.104 (Key Terms and Definitions). In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this article.

TABLE 15.04.201.020: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Uses RH RL1 RL2 RM1 RM2
Additional
Regulations

RESIDENTIAL
Single Family See subclassifications below
See §

15.04.201.070
Residential
Development
Types;
§ 15.04.610.020
Accessory
Dwelling Units
and Junior
Accessory
Dwelling Units
Detached L7 P P P P
Attached L7 P P P P
Accessory
Dwelling Unit

P P P P P
Junior
Accessory
Dwelling Unit

P P P P P
1145
Duplex x L14 L13 P P
Multi-Unit
Dwelling
L8 L1 L1 P P
Group
Residential
See subclassifications below
See §

15.04.610.210
Group
Residential
Congregate
Housing
L6 L6 L6 L6 L6
Senior Group
Residential
L6 L6 L6 L6 L6
Elderly and
Long Term Care
x x x C C
Family Day
Care, Large

P P P P P
See §

15.04.610.190
Family Day Care,
Large
Family Day
Care, Small

P P P P P
Planned
Residential
Groups

C C C C C
Residential
Facility
See subclassifications below
Residential
Care, General
L7 P P P P
See §

15.04.610.360
Residential
Facility
Residential
Care, Limited
L7 P P P P
Residential
Care, Senior
L7 P P P P
Hospice,
General
x x x C C
Hospice,
Limited

P P P P P
1146
Supportive
Housing

P P P P P
Transitional
Housing

P P P P P
Low Barrier
Navigation
Center
x x x P P

COMMERCIAL
Animal Sales
and Services
See subclassifications below
See §

15.04.610.070
Animal Keeping Riding
Schools and
Stables
L11 x x x x
Auto/Vehicle
Sales Services
See subclassifications below
Alternative
Fuels and
Recharging
Facility
x x x C C
Food and
Beverage Sales
See subclassifications below
Convenience
Market
x C C C C
See §

15.04.610.150
Convenience
Markets
Farmers
Market
x x x C C
See §

15.04.610.200
Farmers
Markets
Offices,
Business and
Professional
x x x C C
Medical and
Dental
L12 L5 L5 L5 L5 See §

15.04.610.240
1147
Hospitals and
Clinics
Walk-in
Clientele
L12 x x L2 L2
Personal
Services
L12 x x x x
See §

15.04.610.340
Personal
Services
General
Personal
Services
x x x C C
Health/Fitness
Facility
x x x x x
Retail Sales See subclassifications below
General
Retail Sales,
Small-scale
L12 x x x x
Transient
Lodging
See subclassifications below
Bed and
Breakfast

C C C C C
See §

15.04.610.110
Bed and
Breakfast
Lodging
Hotel and
Motel
x x x L9 L9
See §

15.04.610.420
Transient
Lodging

INSTITUTIONAL AND COMMUNITY FACILITIES
College and
Trade School
x C C C C
Community
Assembly

C C C C C
See §

15.04.610.140
Community
Assembly
1148
Community
Garden

P P P P P
See §

15.04.610.290
Nurseries and
Garden Centers
Cultural Facility C C C C C
Day Care
Centers

A A A A A
See §

15.04.610.190
Day Care Center
Emergency
Shelter
L4 L4 L4 L4 L4
See §

15.04.610.180
Emergency
Shelters
Government
Buildings
x x x C C
Hospitals and
Clinics
x x x C C
See §

15.04.610.240
Hospitals and
Clinics
Hospital x x x C C
Clinic x x x L2 L2
Skilled
Nursing Facility
x x x C C
Park and
Recreation
Facility

C C C C C
Public Safety
Facility

C C C C C
Schools L10 L10 L10 L10 L10
See §

15.04.610.020
Schools

INDUSTRIAL
Artist's Studio See subclassifications below
Studio-Light x x x P P
1149
Studio-Heavy x x x C C
Recycling
Facilities
See subclassification below See §

15.04.610.350
Recycling
Facilities Collection
Facilities
x x x P P

TRANSPORTATION, COMMUNICATION AND UTILITIES
Communication
Facilities
Antennas and
Transmission
Towers
C or A depending on facility type
See § 15.04.614
Wireless
Communications
Facilities
Utilities, Major C C C C C
Utilities, Minor P P P P P

AGRICULTURE
Agricultural
Production and
Services

C C C C C
Animal
Husbandry
L3 L3 L3 x x See §

15.04.610.430
Urban
Agriculture Indoor
Agriculture

A A A A A
Outdoor
Agriculture

C C C C C
OTHER
Accessory Uses
and Structures
See § 15.04.601.010 Accessory Uses and Structures
Home
Occupations
P P P P P See §

15.04.610.230
1150
Home
Occupations
Nonconforming
Uses
See Article 15.04.606, Nonconforming Uses, Structures, and Lot Temporary Use See Article 15.04.807, Temporary Use Permits NOTES:

L1 Existing multifamily residential structures may be improved, subject to the nonconforming provisions of Article 15.04.606, if applicable. No new residential structures allowed.

L2 Only allowed on the ground floor in mixed-use buildings; a conditional use permit is required for more than 3,000 sq. ft.

L3 The Contra Costa County animal keeping regulations, which are incorporated by reference, apply; an administrative use permit is required to increase up to 10 percent in the number of animals allowed in these regulations. No slaughtering of animals is allowed.

L4 Permitted with 10 or fewer beds only. All of the standards of Section 15.04.610.180 (Emergency Shelters), or Ordinance 15-15 N.S., adopted on May 19, 2015, are hereby incorporated by reference and apply.

L5 Allowed as a temporary use within a residential structure with a conditional use permit.

L6 Permitted if the primary use of the property remains residential; requires a conditional use permit if it is the primary use.

L7 Only attached and detached single-family housing on subdivided parcels and clustered multi-family residential are allowed with design review on developable portions of hillside parcels below the 400-foot elevation. Hillside development standards and density controls in Section 15.04.201.100 of the Zoning Ordinance apply.

L8 Up to 10 units allowed with a conditional use permit in a neighborhood mixed-use development at a neighborhood node.

L9 Allowed with a conditional use permit if the hotel has no more than 20 guest rooms.

L10 An administrative use permit is required if a new school will be located in an existing building and any new space added to the building will not exceed 20 percent of existing floor area, excluding space in portable classrooms. A conditional use permit is required for construction of new schools and for additions to existing buildings in which new schools will be located that exceed 20 percent of existing floor area.

L11 Allowed with a conditional use permit on lots of two acres or more.

L12 Commercial-only development is not allowed, and this use is only permitted in a mixed use building with a conditional use permit. The area devoted to commercial uses cannot exceed 30 percent of the total building floor area or 50 percent if it's a corner store with one or more dwelling units above the store.

L13 A duplex may be allowed with an administrative use permit on lots 5,000 square feet or larger.

L14 A duplex may be allowed with an administrative use permit on lots 7,500 square feet or larger.

A. Limitations on Commercial Development. Commercial-only development is not allowed. The area devoted to commercial uses cannot exceed 30 percent of the total building floor area. (Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 25-20 N.S., § I(Exh. A), 11-10-2020; Ord. No. 27-20 N.S., § 2, 11-10-2020)

15.04.201.030 - Development Standards—RH, RL1 and RL2 Districts.

Table 15.04.201.030 prescribes the development standards for the RH, RL1 and RL2 districts.

Additional regulations are denoted in a right hand column. Section numbers in this column refer to other 1151
sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.201.030: DEVELOPMENT STANDARDS—RH, RL1 AND RL2 DISTRICTS District RH RL1 RL2 Additional Regulations #
Lot and Density Standards
Maximum Density
(units/net acre) 5 9 15
Minimum Lot Size (sq.
ft.)
11,000 6,000 3,750
For Small Lot Single Unit, Bungalow Court, or Townhouse development, see § 15.04.201. 080
Minimum Lot Width
(ft.)
70 60 37.5 ①
Building Form and Location
Maximum Height (ft.)
Main Building 35 35 30
See § 15.04.601.060 Height Regulations for Sloped Lots and §

15.04.601.050 Exceptions to Height Limits
②
Accessory Building 14 (A) 14 (A) 14 (A) ③
Minimum Setbacks (ft.)
1152
Front 25 (B) 20 (B) 20 (B)
See § 15.04.601.020 Building Projections into Yards
④
Interior Side 10 (C) 6 (C) ⑤
Street Side 10 (E)

7.5 (E)

7.5 (E)
⑥
Rear 25 20 (F) 20 (F) ⑦
Garage 25 20 20 ④⑦
Maximum Lot Coverage
(% of Lot)
40 45 50
For Small Lot Single Unit, Bungalow Court, or Townhouse development, see § 15.04.201.070.

For Rules of Measurement, see Article 15.04.103.
⑧
Maximum Floor Area
Ratio (FAR)
See (G), (H), (I)
Additional Development Standards for RH and RL Districts A. Accessory Building Height. The 14-foot height limit applies to accessory buildings or structures, except that the height may be increased to 16 feet for an accessory dwelling unit.

B. Ground Floor Front Setback. Where the adjoining lots on the same block face have been improved with buildings, the minimum ground floor front setback requirement shall be the average of the actual front setback of these abutting improved lots on such block face or 20 feet, whichever is less. When the lot slope is 20 percent or more, the front setback may be reduced to 10 feet provided the garage door is setback 18 feet from the edge of the pavement.

C. Side Setback Projection. Covered walkways, porches, and verandas may project up to 3.5 feet into the required side setback for a maximum length of 10 feet.

Figure 15.04.201.030-C: Porches within Side Setback
1153
D. Side Setback for Narrow Lots.

1. Minimum. The minimum side setback for lots with an average width of 45 feet or less shall be a minimum of 10 percent of the lot width, or three feet, whichever is greater.

2. Second Story Projection. On lots less than 45 feet in width, the upper story wall may project a maximum of four feet into the required second story setback for up to 30 percent of the length of the lower story wall.

Figure 15.04.201.030-D: Second Story Projection on Narrow Lots 1154
E. Street Side Yards on Lots with Reversed Frontage. The rear one-quarter of the exterior side yard shall not be less than the front yard required or existing on the lot adjoining such exterior side yard.

Figure 15.04.201.030-E: Street Side Setback on Lots with Reversed Frontage 1155
F. Rear Setback. In the RL2 and RL1 districts the rear setback may be reduced to 10 feet if the combined front and rear setback is at least 40 feet.

G. Maximum Residential Floor Area and FAR. The maximum gross residential floor area allowed on a lot shall not exceed the maximum FAR applicable to a lot size range, as shown in Table

15.04.201.030-G.

Table 15.04.201.030-G: Maximum Residential Floor Area Based on Lot Size Lot Size (sq. ft.) Maximum Floor Area
Less than 3,750 2,125 sq. ft.
3,750—6,000 2,125 sq. ft. plus an additional 0.3 FAR on square footage above 3,750 6,001—7,500 2,125 sq. ft. plus an additional 0.2 FAR on square footage above 3,750 7,501—11,000 2,125 sq. ft. plus an additional 0.15 FAR on square footage above 3,750 Above 11,000 4,000 sq. ft.

H. Maximum Non-Residential Floor Area. The maximum non-residential floor area ratio (FAR) is

0.65 in RH, RL1 and RL2 Districts.
1156
I. Determining FAR. When determining FAR in RH, RL1 and RL2 Districts, side-loaded or detached garages located to the rear of residential structures, a minimum of 40 feet away from the front property line and accessed by a driveway less than 12 feet in width are excluded from the floor area calculation.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 3, 11-10-2020)

15.04.201.040 - Design Standards for Single Family Housing.

A. Design of Building Additions. Rooflines, exterior materials, windows, railings, porches, and other design elements shall be designed in a manner that is compatible with the design elements of the existing buildings and surrounding neighborhood.

B. Building Entrances. The principal entry shall be located in a visible location facing the street and shall incorporate a projection (e.g., porch) or recess, with a minimum depth of five feet. Alternative designs that create a welcoming entry feature facing the street, such as a trellis or landscaped courtyard entry, may be approved through the administrative design review process.

Figure 15.04.201.040-B: Building Entrances
C. Architectural Articulation. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.

1. No street-facing façade shall run in a continuous plane of more than 25 feet without a window or a projection, offset, or recess of the building wall at least one foot in depth. Building entrances and front porches, and projections into required front or street side yards such as stoops, bays, overhangs, fireplaces, and trellises count towards this requirement.

2. Building elevations abutting street side yards shall be designed to provide at least one horizontal plane break of at least three feet, and one vertical break. Alternative designs to accommodate a complete architectural style may be approved through administrative design review process when 1157
the Zoning Administrator finds that adequate design features have been incorporated to create visual variety and avoid a bulky or monolithic appearance.

D. Materials. All materials shall be high quality to allow for long-term durability and appearance. The exterior use of plywood or unfinished aluminum as siding materials is prohibited unless approved through design review.

E. Garage Frontage.

1. Where an attached garage is located on the front half of the lot and garage doors face a street, garage width shall not exceed 50 percent of the width of the front façade of the building (40 percent on lots wider than 100 feet).

2. On front facades with both a two car garage and a separate single car garage, the facades of the two garages must be offset a minimum of two feet.

Figure 15.04.201.040-E: Garage Frontage
F. Paving. The maximum amount of paving (impervious surface) in street-facing yards is 50 percent of the required yard.

G. Driveways. Curb cuts and driveways shall be minimized.

1. Driveway approaches (curb cuts) shall be permitted only to provide access to approved garages, carports and parking spaces.

2. A maximum of one driveway up to 20 feet wide is permitted to serve a single unit. Driveways serving two or more units shall be the minimum width required by Article 15.04.607.

3. All driveways must have minimum one-foot wide planted area along a side or rear lot line.

H. Alley Access. A detached garage or carport is permitted to have access to the alley if:

1. The garage or carport entrance is setback a minimum of four feet from the rear property line;

2. A 45-degree visibility triangle is provided on either side of the garage or carport;

3. The garage door does not cross the property line when opened or closed; 1158

4. The alley is paved; and

5. The Zoning Administrator finds that such access will not adversely affect vehicle or pedestrian use of the street or alley.

15.04.201.050 - Development Standards—RM Districts.

Table 15.04.201.050 prescribes the development standards for the RM Districts. Additional regulations are denoted in a right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.201.050: DEVELOPMENT STANDARDS—RESIDENTIAL

MULTI-FAMILY DISTRICTS
District RM1 RM2 Additional Regulations #
Lot and Density Standards
Density (du/ac)
Min. 20; Max.
27 Min. 20; Max.
40 Minimum Lot Area per Unit (sq. ft.) 1,650 1,100
Minimum Lot Size (sq. ft.) 5,000 5,000
Minimum Lot Width (ft.) 50 50 ①
Building Form and Location
Maximum Height (ft.)
1159
Main Building 38 (A) 38 (A)
See § 15.04.601.050 Exceptions to
Height Limits
②
Accessory Building 12 (B) 12 (B)
Maximum Stories 3 3 (C)
Minimum Setbacks (ft.)
Front 10 (D) 10
See § 15.04.601.020 Building
Projections into Yards
③
Interior Side
5 for the first two stories, 10
thereafter (A) ④
Street Side 10 (E) 10 (E) ⑤
Rear 20 20 (A) ⑥
Parking, from street facing property line 40 (F) 40 (F) ⑦ Minimum Distance Between Buildings (ft.) 6 6 ⑧
Maximum Lot Coverage (% of Lot) 65 75
See Article 15.04.103 Rules of
Measurement
⑨
Maximum Upper Story Massing (% of Ground Floor Footprint) 2 ndStory 100
3 rdStory and Above 80
Open Space, Landscaping and Paving
Minimum Private Open Space (sq. ft. per unit) 75 60 (G) Minimum Total Open Space (sq. ft. per unit) 150 120 (G) Required additional Open Space for 3 or more
Bedrooms (sq. ft. per unit)
100 (common or private)
Minimum Amount of Landscaping (% of site) 15 15
See Article 15.04.613 Water-Efficient
Landscaping
1160
Maximum Paving in Street-facing Yards (% of
required yard)
50 50
Additional Development Standards—RM Districts
A. Transitional Standards. Where an RM District adjoins an RH or RL District, the following standards apply:

1. The building setback from an RH or RL District boundary shall be 10 feet for interior side yards and 20 feet for rear yards.

2. A landscaped planting area, a minimum of five feet in width, shall be provided along all RH or RL District boundaries. A tree screen shall be planted in this area with trees planted at a maximum interval of 15 feet.

B. Accessory Building Height. If a peak roof is used, the height limit may be increased to 14 feet, except that the height may be increased to 16 feet for an accessory dwelling unit.

C. Upper Story Stepback. The fourth story street facing building frontage shall be stepped back a minimum of 10 feet from the stories below. Exceptions may be granted by the Zoning Administrator, provided that an entry courtyard with a minimum depth of 25 feet, landscaping, and seating amenities are provided on the ground level at grade; or other comparable public amenities are provided.

D. Front Setback. Where 75 percent or more of the lots in a block, on both sides of the street, have been improved with buildings, the minimum front setback required for the entry element (stoop or projected porch) shall be the average of those on the improved lots or 10 feet, whichever is less.

E. Street Side Yards on Lots with Reversed Frontage. The rear one-quarter of the exterior side yard shall not be less than the front yard required or existing on the lot adjoining such exterior side yard.

F. Parking Setback. Parking may be located within 40 feet of the street facing property line in accordance with the following standards.

1. Underground and Partially Submerged Parking. Parking completely or partially underground may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

2. Surface Parking. Above ground parking may be located within 40 feet of a street facing property line with the approval of an administrative use permit when at least one of the following findings can be made:
a. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;
b. The parking area is well screened with a wall, hedge, trellis, and/or landscaping; or c. The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

G. Open Space. Private and common areas shall be provided in accordance with this section.

Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, 1161
trash enclosures, and similar items shall be developed as common areas with the types of attributes described above.

1. Minimum Dimensions.
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet. b. Common Open Space. Minimum dimension of 15 feet.

2. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed 10 percent.

3. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway or doorways to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 4, 11-10-2020)

15.04.201.060 - Height Regulations for Sloped Lots.

A. All lots with a building footprint slope of 20 percent or more are subject to the height regulations established in Table 15.04.201.060.

TABLE 15.04.201.060: HEIGHT REGULATIONS FOR ALL LOTS WITH A FOOTPRINT SLOPE OF ≥20%
1162
Regulation
Downslope Lot Height Regulations
with a Footprint Slope of:

Upslope Lot Height Regulations
with a Footprint Slope of >20%
#
>20% and
≤40%
>40% and
≤60%
>60%
Maximum Height for Detached Accessory
Structures
15 ft. 15 ft. 15 ft. 15 ft. ①
Maximum Wall Height Primary Building 32 ft. 34 ft. 36 ft. 32 ft. ①② 1163
Maximum Wall Height Primary Building with a
conditional use permit
36 ft. 38 ft. 40 ft. 35 ft. ①
Maximum Pitched Roof Height Primary Building 36 ft. 38 ft. 40 ft. 35 ft. ①② Maximum Height Above Edge of Pavement 18 ft. 18 ft. 18 ft. N/A ② Maximum Height Above the Ground Elevation
at the Rear Setback Line
N/A N/A N/A 24 ft. ③
Maximum Height from Finished or Existing
Grade (whichever is lower) Within 20' of the
Front Property Line
N/A N/A N/A 24 ft. ④
Additional Regulations for Table 15.04.201.060

1. See Section 15.04.201.060 for allowed projections above height limits.

2. On a downslope lot greater than 40 percent footprint slope, the rear wall of an attached garage or carport may exceed the wall height and roof height by five feet, but may not exceed 18 feet above ground elevation at edge of pavement, if the garage or carport conforms with all of the following criteria:
a. Maximum width is 22 feet and maximum depth is 20 feet; and b. Garage or carport floor is at the same level as the edge of the street pavement resulting from the project at the center point of the driveway entrance or is at a lower level; and c. Maximum height above the garage or carport floor is ten feet for walls to the top of the plate or flat roof and 12 feet for pitched roofs.

15.04.201.070 - Design Standards for Multi-Family Housing.

A. Building Entrances.

1. Orientation. All units located along public rights-of-way must have the primary entrance facing this right-of-way. Exceptions to this requirement may be approved for projects where multiplefamily housing is located on four-lane streets carrying high traffic volumes and/or streets that do not allow on-street parking. In such cases, the project may be oriented around courtyards.

2. Projection or Recess. Building entrances must have a roofed projection (such as a porch) or recess with a minimum depth of at least five feet and a minimum horizontal area of 80 square feet. Alternative designs that create a welcoming entry feature facing the street, such as trellis or landscaped courtyard entry, may be approved by the Design Review Board.

3. Dwelling Unit Access. Exterior entrances to units shall be in a form of individual or shared entrances at the ground floor of the building. Unit entrances above the ground floor are also permitted; however, no exterior access corridor located above the ground floor may provide access to five or more units.

B. Building Design. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.
1164

1. Building Length. The maximum dimension of any single building shall not exceed 125 feet.

2. Roof Line. The roof line shall demonstrate an offset of at least 18 inches, a change of pitch, or a gable every 60 linear feet.

3. Windows. All windows and window frames shall be inset a minimum of two inches from the face of the building to enhance a shadow line around the opening.

4. Façade Articulation. All street-facing facades shall have at least one horizontal or vertical projection or recess at least four feet in depth, or two projections or recesses at least two and one-half feet in depth, for every twenty-five horizontal feet of wall. If located on a building with two or more stories, the articulated elements must be greater than one story in height, and may be grouped rather than evenly spaced in twenty-five foot modules. Building entrances and front porches and projections into required yards such as stoops, bays, overhangs, fireplaces, and trellises may count towards meeting this requirement.

5. Façade Detailing and Materials. All visible building façades shall incorporate details, such as window and door trim, window recesses, cornices, changes in materials or other design elements, in an integrated composition. Each side of a building that is visible from a public right-of-way shall be designed with a complementary level of detailing and quality of materials.

6. Building Materials. All materials shall be high quality to allow for long-term durability and appearance.

7. Transition Areas. Where new multi-family developments are built adjacent to existing lower-scaled residential development, the façade facing the existing lower-scaled residential development shall be designed to provide architectural relief and interest, while also respecting the scale of adjacent neighbors.
a. Height. Full-height recesses, a minimum of 10 feet deep, shall be provided along the facade to break the building into smaller discrete masses.
b. Privacy. Offset windows to avoid direct sight lines into and from neighboring properties.

Position balconies and other private open space so they minimize views into neighboring properties.

8. Exceptions. Exceptions to the multi-family building design standards may be granted by the Design Review Board based on the finding that adequate design features have been incorporated to create visual variety and avoid a large-scale, bulky, or monolithic appearance.

C. Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed, weather-proofed, and lockable private storage space with a minimum horizontal dimension of four feet.

D. Paving. Differentiated paving materials shall be used for garage aprons, entries, and pedestrian walkways. This may include, but not be limited to, textures or colors, concrete pavers, brick, or stamped concrete. The use of permeable materials to reduce runoff is strongly encouraged.

E. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards.

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Neighbors. Direct and convenient access shall be provided to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops and BART stations to building entrances.
1165

5. Pedestrian Walkway Design.
a. Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

15.04.201.080 - Residential Development Types.

This section illustrate development types allowed within the Residential Districts and provides supplemental standards for small lot single unit, bungalow court, and townhouse development types.

A. Single Unit Dwellings.

Figure 15.04.201.080-A: Residential Development Type Illustration:

Single Unit Dwelling
B. Multi-Unit Residential Development.

Figure 15.04.201.080-B: Residential Development Type Illustration:

Multi-Unit Residential
1166
C. Small Lot Single Unit, Bungalow Court, and Townhouse Development Types. Small lot single unit, bungalow court, and townhouse development types are subject to the development standards and supplemental regulations of the base district unless modified by Table

15.04.201.080.

TABLE 15.04.201.080: DEVELOPMENT STANDARDS—SMALL LOT SINGLE UNIT, BUNGALOW COURT, AND TOWNHOUSE

DEVELOPMENT TYPES
Standard
Small Lot
Single Unit
Bungalow Court Townhouse
Site Standards
Minimum Project Site Width (ft.) 30 75 80
1167
Maximum Project Site Floor Area
Ratio (FAR)

0.6 0.6 1.0
Maximum Project Site Lot Coverage
(% of site)
40 40 50
Building Height and Form
Maximum Number of Stories 2 2 3
Maximum Building Length (ft.) n/a n/a 125
Setbacks
Project Site The overall project site is subject to the setback requirements of the base district.

Individual Lot (ft.)
Front 10; 7 for porches, stoops, and dooryards
Side
1-story portion: 0; 2 nd and 3 rd story portions: 5
For Townhouses, required setbacks apply to the ends of rows of attached units Rear 5; 0 for detached garage on alley
Building Separation of Detached
Units (ft.)
5 5 n/a
Parking and Access
Maximum Garage Width (ft.) 16; common garages not visible from the street may accommodate up to four cars.

Access Location Alley or side street wherever possible.

Building Orientation
Orientation
Facades shall be designed to orient towards the public street and a common courtyard, if provided.

Entrance Location
The main entrance to each ground floor dwelling shall be visible to and located directly off a common courtyard or directly from the street.

Usable Open Space
1168
Minimum Private Open Space (sq. ft.
per unit)
300 150 300
Minimum Common Open Space 200 sf/unit 15% of lot area provided as a central courtyard 200 sf/unit Minimum Dimensions
Ground floor, common (ft.) n/a 20 15
Ground floor, private (ft.) 15 8 8
Balcony (ft.) 6 6 6
Additional Standards
Minimum Amount of Visible
Landscaping (% of site)
35 35 25
Minimum Amount of Enclosed
Personal Storage (sq. ft.)
80 80 80
Figure 15.04.201.080-D(1): Residential Development Type Illustration:

Small Lot Single Unit
1169
Figure 15.04.201.080-D(2): Residential Development Type Illustration:

Bungalow Court
1170
Figure 15.04.201.070-D(3): Residential Development Type Illustration:

Townhouse Development
1171

15.04.201.090 - Small Lot Subdivisions.

A. Purpose. The purpose of this section is to provide opportunities to increase the supply of smaller dwelling units and rental housing units in the City by allowing the creation of subdivisions with smaller lots and dwellings. It also is intended to establish design and development standards for these projects to ensure that they are compatible with the surrounding neighborhood.

B. Location. A small lot subdivision may be proposed and approved on any site within the RL2 District where such development would be compatible with adjacent uses and the character of the area, and the density will not exceed the General Plan maximum. A small lot subdivision shall not be allowed where the Planning Commission determines that such compatibility will not occur, public utilities and services are inadequate, or the landform is inappropriate for such development because of grading or impacts on views from adjacent lots.
1172
C. Development Types. Small lot subdivisions may be proposed and approved for small lot single unit, bungalow court, and townhouse development developed according to Section 15.04.201.070, Residential Development Types.

D. Lot Standards. The Planning Commission may approve smaller lots than required for the base district, but no less than 2,000 square feet in area and 30 feet in width, upon finding that the development will be compatible with neighboring uses and will contribute to underserved segments of the City's housing market.

15.04.201.100 - Hillside Subdivisions.

A. Purpose. The purpose of this section is to establish development standards for hillside subdivisions to preserve the hills and ridges and their natural features and to maintain a harmonious visual and functional relationship between the existing natural environment and future development, consistent with the General Plan. More specifically, these standards are intended to:

1. Maintain an environmental equilibrium, consistent with existing topography, vegetation, soils, and drainage patterns and minimize grading and cut and fill operations to retain, whenever possible, the natural character of the hill areas;

2. Avoid development that would result in unacceptable fire, flood, landslide or other safety hazard or impose high maintenance costs for streets and public facilities;

3. Provide a mechanism for flexible design of hillside residential development that is sensitive to existing terrain, and significant natural landforms and features; and

4. Minimize water runoff and soil erosion problems incurred in adjusting to the terrain to meet onsite and off-site development needs.

B. Applicability. These standards apply to any land division on sites and lots or portions of undeveloped land greater than one acre in area with an average slope of 15 percent or greater over any horizontal distance of 25 feet or more, except mineral resource extraction and quarrying.

1. The Zoning Administrator may require a survey and slope analysis to determine whether the provisions of this section apply to a specific site or subdivision.

2. In the event of a conflict between the provisions of this section and any underlying base zoning district, the most restrictive provisions shall apply.

C. Conditional Use Permit Required. All hillside subdivisions must obtain approval of a conditional use permit. Before approving a conditional use permit, the Planning Commission, must consider:

1. Responsiveness to the Site Context. How the proposed development responds to the site's physical constraints, natural features, special features, visual character and the neighboring environment.

2. Proposed Density. The maximum number of dwelling units allowed shall be controlled by the density limits of the base zoning district. However, the Planning Commission may reduce the maximum number of dwelling units as necessary to achieve any of the following:
a. To minimize the need for grading and/or significant alteration of the natural topography of the site;
b. To preserve public vistas;
c. To minimize the construction of unnecessary roadways; d. To reduce hazards to adjacent property; or
e. To preserve environmental resources.

3. Site Design. Whether the proposed development:
a. Reflects the City's design goals and policies as expressed in the General Plan; 1173
b. Preserves or protects unique or special natural features of the site, such as land forms, rock outcroppings, mature trees and vegetation, drainage courses, hilltops and ridge lines; c. Is compatible with the natural features, building location, and existing open spaces of neighboring properties;
d. Preserves or minimizes impacts on privacy and access to light and safety of neighboring properties;
e. Avoids the unstable or hazardous portions of the site; and

4. Circulation and Parking. Whether the proposed development:
a. Provides a clearly organized circulation plan for automobiles, bicycles, pedestrians, and service vehicles;
b. Locates and landscapes roads and streets so as to minimize grading and avoid impacts to existing vegetation; and
c. Provides access to any parks and publicly-owned open space abutting the site.

5. Required Findings. In addition to the findings in Article 15.04.806, the Planning Commission shall approve or conditionally approve a conditional use permit only upon finding that:
a. The project is consistent with the development regulations and design criteria established in this article;
b. Proposed grading takes into account existing natural features of the property, including mature trees, significant or unique vegetation groupings, prominent geological features, and natural drainage courses; and
c. Adequate wildland fire safety measures have been incorporated into the design of the project.

D. Hillside Grading and Drainage. Changes to the existing natural terrain through grading must be kept to a minimum in order to preserve the inherent characteristics of sloping hillsides.

1. Grading. In addition to meeting the standards in Municipal Code Chapter 12.44 (Excavation, Grading and Earthwork Construction), all proposed hillside development shall:
a. Minimize grading in areas with greater than 26 percent slope except that required exclusively for foundations. All grading shall conform to the following standards, based upon the percent of the natural slope:
i. 0-15 percent. Redistribution of earth over large areas may be permitted; ii. 15-26 percent. Some grading may occur, but landforms should retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering are expected to mitigate the need for large padded building areas;
iii. 26-30 percent. Limited grading may occur; however, major topographic features shall retain their natural land forms; or
iv. Over 30 percent. Development and limited grading can only occur if necessary to avoid hazards or reduce environmental and visual impacts.
b. Avoid creating graded areas where there is a 30 feet or greater difference in height between terraces or benches; if the difference is more than 30 feet, then benches with concrete drainage channels shall be placed every 20 feet. If approved, terracing must be designed with small incremental steps, avoiding wide step terracing and large areas of flat pads. c. Grade new building sites such that they appear to emerge from the slope. d. Avoid a manufactured appearance by creating smooth flowing contours of varying gradients.

Slopes created by grading of the site shall not exceed 50 percent, without a soils report and 1174
stabilization study justifying it. Avoid sharp cuts and fills and long linear slopes that have uniform grade; sculpture grading to blend slopes and benches with natural topography.

Figure 15.04.201.100-D(1)(d): Grading Contour
e. Minimize pad size to accommodate the structure and a reasonable amount of open space.

Pads for tennis courts, swimming pools and lawns must be minimized. f. Use split level building terraces to reduce pad size. g. Avoid grading on hazardous or unstable portions of the site. h. Minimize grading within 20 feet of all perimeter property lines, unless the grading is similar to the existing adjacent slopes or to the planned grading of the adjacent slopes. i. Minimize the height of retaining walls visible from off site. Use stone or earth-colored materials. Design retaining walls associated with lots as follows:
i. Upslope (from the structure) walls not to exceed four feet in height unless greater height is approved by the Planning Commission. Terraced retaining structures may be utilized if separated by a minimum of three feet and landscaped. Overall combined height of walls shall not exceed eight feet in height unless greater height is approved by the Planning Commission.

Figure 15.04.201.100-D(1)(i): Retaining Wall Height
1175
ii. Downslope (from the structure) walls not to exceed a combined total of 42 inches in height unless greater height is approved.
iii. Sloping. One retaining wall on each side of the lot not exceeding 42 inches in height. iv. Retaining walls shall be designed with smooth, continuous lines that conform to the topography. Maximum wall height at the base of slopes along roadways shall not exceed 4 feet in order to avoid a contained, channel-like effect. v. Retaining walls to accommodate a patio or terrace shall conform to the natural hillside profile.

2. Drainage. In addition to meeting the standards in the Subdivision and Grading Ordinances, all proposed hillside development shall:
a. Collect and convey storm water to off-site systems in a manner that will avoid erosion and damage to on-site and adjacent properties.
b. Design necessary storm drainage improvements to create a natural rather than a manufactured appearance.
c. Minimize on-site areas of impervious surfaces to reduce runoff. d. Provide adequate drainage control devices to prevent flooding of below grade floor slabs and subterranean water from seeping into structures.
e. Place drainage devices, such as terrace drains, benches and down drains, in locations of least visibility on slopes. Avoid visible concrete drains; but if required, they should be color tinted and screened with planting to be less obtrusive. f. Provide for bulked-flow and subsoil runoff to a safe point of discharge, such as a street, channel or debris basin, so that damage to improvements or slopes will not result. Do not flatten natural stream gradients.
g. Design lots and proposed improvements to accommodate debris from potential land slippage and/or erosion without damage to improvements or downslope property. Provide access to a street for cleanup and removal, where warranted.
h. Provide emergency routes for flood and debris flows that exceeds the design capacity of planned drainage, flood control and debris collection facilities. Direct overflows away from slopes and improvements and toward safe points of discharge. 1176

3. Erosion Control. In addition to meeting the standards in the Subdivision and Grading Ordinances, all proposed hillside development shall:
a. Include erosion control and revegetation programs in grading plans, when necessary to prevent erosion;
b. Control the timing of grading and construction to avoid failure during construction; and c. When detention basins and other storm and erosion control facilities are required, minimize any negative visual impacts to the natural hillside character with planting and revegetation.

4. Geologic Hazards. Geotechnical review is required on all sites to identify hazardous areas, including potential debris flows.
a. Areas determined through the geotechnical review process to be too hazardous for development shall not be developed.
b. The following methods for mitigating geologic hazards are not acceptable:
i. Exposure of slopes that cannot be suitably re-vegetated; and ii. Removal of large areas of existing mature vegetation that substantially contribute to the natural character of a site.
c. Existing geologic hazards shall be corrected when they pose a threat to on or off-site development or properties.
d. In all subdivisions, for 10 years following granting of a final occupancy permit, the applicant shall warrant and be solely responsible for slope maintenance and stabilization. In addition, the applicant shall deposit a bond with the City, or provide equivalent assurance as approved by the City Engineer, in an amount as determined by the City Engineer to ensure compliance with this condition. Following the expiration of the warranty period, impacts due to soils failure are the sole responsibility of the property owners' association.

Slope monitoring by a California-certified engineering geologist shall be conducted every other month for the first two years and annually thereafter and written reports of findings provided to the City Engineer.

Provisions for maintenance of slopes and retaining walls with instruction for recognizing conditions that require professional evaluation and potential mitigation shall be incorporated in the codes and covenants of the property owners' association. A copy of such codes, covenants and instructions shall be submitted to the Director and City Engineer for approval prior to issuance of building permits.

E. Lot Size and Configuration, Building Setbacks, and Location. The layout of lots in all hillside residential development must be adapted to existing topography and natural features and avoid unnecessary alteration of land forms. The Planning Commission may approve lots that are less than the minimum size and dimensions in a cluster development provided the overall density does not exceed the General Plan maximum.

1. Lot Configurations. All proposed hillside development shall:
a. Use lot patterns that offer a variety of lot shapes. b. Place lot lines at the top of major slope areas to ensure that the slope maintenance and planting will not be neglected by an uphill owner and to minimize drainage crossing lot lines. c. Use flag lots with parking located adjacent to roadways to minimize roadway cut and fill.

Figure 15.04.201.100-E(1): Flag Lots
1177

2. Building Setbacks. Use variable front building setbacks to preserve natural hillside character.

F. Trees.

1. Preserving Trees During Construction.
a. No fill, grading, or construction shall be permitted within the drip line of any tree (or within six feet of the trunk, whichever is greater) designated for preservation except as may be recommended by an arborist or forester.
b. Trenching shall be prohibited within the tree drip line, and any required utility line within the tree drip line shall be installed by boring or drilling through the soil. c. Where necessary for access in the vicinity of trees designated for preservation, paving within the drip line shall use porous materials such as gravel, loose boulders, cobbles, wood chips, or bark mulch.

Figure 15.04.201.100-F(1): Tree Preservation
1178

2. Criteria for Tree Removal. In assessing the number of trees and specific trees that may be removed, the Planning Commission shall consider the following criteria as identified in an arborist report submitted by the applicant:
a. Whether the tree is in poor health and cannot be saved; b. Whether the tree is a public nuisance, causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.); c. Whether the tree is in danger of falling and cannot be saved by some other means (such as pruning);
d. Whether the tree is damaging existing private improvements on the lot (e.g., building foundation, wall, patio, deck, roof, retaining wall, etc.); e. Whether the tree species is known to be highly combustible and is determined to be a fire hazard;
f. Whether reasonable development of the property would require the alteration or removal of the tree and could not be reasonably accommodated elsewhere on the lot; and g. Whether the tree species is known to develop weaknesses that affect its health or the safety of people and property (e.g., short-lived, weak-wooded and subject to limb breakage, shallow-rooted and subject to toppling).

3. Whenever Significant Trees Are Removed.
a. Trees shall be replaced at a ratio of at least 3 new trees for every tree removed. Replacement trees shall be planted in the following order of priority: (i) on the project site; (ii) on adjacent private or public land, or along public streets, or (iii) within five miles of the site of the removal. b. The minimum tree size shall be 15 gallons. Exception to this requirement may be allowed by the Planning Commission when site conditions warrant.
1179
c. To protect trees during construction one or both of the following measures shall be taken: (i) construct fencing around the drip line of each tree or group of trees to be retained; and (ii) establish an incentive program in the construction contract to encourage workers, particularly bulldozer drivers, to maximize caution when working near trees (such as a fine for each damaged tree or subtract the fine from a bonus to be divided among all construction workers at the end of the project).

G. Building Locations. All proposed hillside development shall:

1. Not locate buildings near visually prominent ridgelines when a choice of building location is available. Building rooflines must be located below the ridgeline so that views to the hillside from public roadways see the natural ridgeline.

2. Minimize front yard setback on downslope lots to reduce building mass hanging over the slope.

Step building bulk down with the slope.

H. Street Layout, Driveway, and Parking Design. In addition to adherence to the standards in the Subdivision Ordinance, new development must align street, drives, parking and emergency vehicle access to conform closely to existing grades and minimize the need for the grading of slopes.

Subdividers shall retain natural land forms by introducing gentle horizontal and vertical curves in road alignments.

1. Street Layout. All proposed hillside development shall:
a. Use narrower street widths to reduce grading impact, where acceptable to the City Engineer and the Fire Department, when the topography of the small number of lots served and the probable future traffic development justifies it, and when safety will not be compromised. b. Reduce the visual and safety impacts of hillside street design by use of terraced retaining walls and landscaping.
c. Use split roadways to increase the amount and appearance of landscaping and use the median to handle drainage.

2. Driveways and Guest Parking. All proposed hillside development shall:
a. Limit driveway grades to 15 percent or less. The finished grade of driveways shall conform to the finished grade of the lot. Concrete driveway approaches shall be engineered and reinforced, as appropriate. All hillside driveway plans must be reviewed and approved by the Fire Department.
b. Provide two guest parking spaces conveniently placed relative to the dwelling unit unless the Planning Commission waives this requirement to minimize excessive grading or avoid tree removal.
c. Driveway and parking designs that force vehicles to back out into substandard roadway widths are prohibited.
d. Common drives in hillside residential development may be approved if grading is reduced.

Maintenance agreements are required for common driveways. e. On-street parking for guest space may be provided in parking bays in lieu of off-street parking where topography allows.

I. Reduction of Building Bulk in Multi-Building Projects. All proposed hillside development shall:

1. Use split pads, pier foundations, stepped footings, and grade separations to permit dwellings to step down or up the natural slope.

Figure 15.04.201.090-I(1): Stepped Footing
1180

2. Site buildings with different floor elevations to achieve height variation.

3. Site buildings that are located near the top of hillsides in a staggered arrangement and screen with planting to minimize wall effect.

4. Avoid long or tall, continuous building masses that create a wall or tower effect.

5. Articulate facades to produce shadows through wall setbacks, recessed openings, porches, verandas, moderate overhangs, projecting windows.

6. Avoid extended horizontal rooflines.

J. Landscaping. All proposed hillside development shall:

1. Use planting designs that buffer existing neighborhoods from the impacts of new hillside development.

2. Revegetate scarred or graded areas.

3. On slopes of 2:1 or greater, select plant materials with deep rooting characteristics that will minimize erosion and reduce surface runoff. Subdividers also shall use a series of low retaining walls, with sub-drain lines, to increase planting areas, where feasible. This will also reduce runoff and potential erosion.

4. Use irregular planting spacing to achieve a natural appearance on graded slopes. Plant trees along contour lines in undulating groups to create grove effects which blur the distinctive line of the graded slopes, and plant shrubs of varying height between tree strands. Ground covers of native and introduced species are appropriate for slope erosion control. 1181
ARTICLE 15.04.202 - MIXED-USE DISTRICTS

15.04.202.010 - Purpose.

The specific purposes of the Mixed-Use Districts are to:

A. Provide for the orderly, well-planned, and balanced growth of mixed-use districts.

B. Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.

C. Promote pedestrian- and transit-oriented, mixed-use commercial centers at appropriate locations.

D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along mixed-use streets.

E. Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality.

The following Mixed-Use Districts implement General Plan classifications of "Neighborhood MixedUse", "Medium Density Mixed-Use (Residential Emphasis)", "Medium Intensity Mixed-Use (Commercial Emphasis)", "High Intensity Mixed-Use (Major Activity Center)", "Regional Commercial Mixed-Use", and "Live-Work".

CM-1 Commercial Mixed-Use, Residential. This district is intended for mixed-use development with commercial uses at street-level along corridors. Residential-only development also is allowed and may include condominiums, townhouses or apartments. Commercial-only development is not allowed. Projects with commercial components must also include a residential component. New development is required to have a pedestrian-oriented building design with minimal front and streetside setbacks and parking located to the sides or rear of buildings.

CM-2 Commercial Mixed-Use, Neighborhood. This district is intended for residential and neighborhood-serving retail uses, such as small stores, markets, professional offices, boutiques, barbershops, beauty salons, and restaurants. Residential development above ground floor commercial is preferred, but not required. Standards will ensure that development at neighborhood nodes is appropriately scaled, so that the physical form relates to and does not overwhelm adjacent single-family residential neighborhoods.

CM-3 Commercial Mixed-Use, Commercial. This district is intended for mixed-use development with commercial or office/light industrial uses at street-level along corridors. This classification is distinguished from the CM-1 Commercial Mixed-Use, Residential, in that it allows residential-only or commercial-only development. Allowable residential uses include condominiums, townhouses or apartments, and commercial uses may include small to large-scale retail, business and personal services and, at street-level, offices serving a walk-in clientele. New development must have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings preferred.

CM-4 Commercial Mixed-Use, Gateway/Node. This district is intended for mid-rise mixed-use development at key community nodes and gateways with commercial uses at street-level and offices or residential uses on upper floors. Commercial development must have a pedestrian-oriented building design with setbacks allowing for public amenities and parking located behind buildings.

CM-5 Commercial Mixed-Use, Activity Center. This district is intended for mid and high-rise mixed-use development at major activity centers to serve the community and residents and businesses in the San Francisco Bay Area. Office, retail, entertainment and residential uses are allowed. Standards for physical form will create an urban character as envisioned in the General Plan with streets with minimal setbacks, wide sidewalks and public spaces that cater to pedestrians and transit riders.
1182
LW Live-Work. This district is intended for joint living and working quarters, with residential space connected to small-scale artisan or production spaces as well as office and storefront retail. It includes loft and apartments type development. This district is appropriate for transitional areas identified in the General Plan where it can be demonstrated that the live-work use would not conflict with adjacent uses. A maximum density of 50 dwelling units per acre is permitted, and the nonresidential FAR shall not exceed 0.4. Civic and institutional uses also are permitted, but the zoning district is not intended to create a purely residential environment.

15.04.202.020 - Land Use Regulations.

Table 15.05.202.020 prescribes the land use regulations for all CM Districts and for the Live-Work District. The regulations for each district are established by letter designations as follows:
"P" designates permitted uses.
"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.
"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
"L#" designates numbered limitations listed at the end of the table. "x" designates uses that are not permitted.

Use classifications are defined in Article 15.04.104 (Key Terms and Definitions). In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this Ordinance.

TABLE 15.04.202.020: LAND USE REGULATIONS—CM MIXED-USE DISTRICTS Uses
CM1CM2CM3CM4CM5
LW Additional Regulations

RESIDENTIAL
Single Family See subclassifications below
Attached P P P A L14 x See § 15.04.201.070 Residential Development Types Multi-Unit Dwelling P L1 P L1 L1 x
Accessory Dwelling Units P P P P P L20
Permitted on lots where proposed or existing single
family dwellings or existing multi-unit dwellings are a permitted use
Junior Accessory Dwelling
Units
P P P P P L20
Permitted on lots where proposed or existing single
family dwellings are a permitted use
1183
Group Residential C C C x x x
Congregate Housing C C C x L15 x See § 15.04.610.210 Group Residential Senior Group Residential C C C x L15 x
Elderly and Long Term Care L1 L1 L1 C L15 x
Family Day Care, Large P P x x x x See § 15.04.610.190 Family Day Care, Large Family Day Care, Small P P P P x x
Planned Residential Groups C x x x x x
Residential Facility See subclassifications below
Residential Care, General P P P A L14 x See § 15.04.610.360 Residential Care, General Residential Care, Limited P P P P L13 x
Residential Care, Senior P P P A L14 x
Hospice, General C C x x x x
Hospice, Limited P P P P P x
Supportive Housing P P P P L13 x
Transitional Housing P P P P L13 x
Low Barrier Navigation
Center
P P P P P L13

COMMERCIAL
Adult Business x x x L3 L3 x See § 15.04.610.050 Adult Businesses Animal Sales and Services See subclassifications below
See § 15.04.610.070 Animal Keeping
Clinic/Hospital x x L2 L2 L2 x
Grooming x x L2 L2 L2 x
Retail Sales (Pet Shops) L2 L2 L2 L2 L2 x
1184
Veterinary Services x x L2 L2 L2 x
Auto/Vehicle Sales Services See subclassifications below Alternative Fuels and
Recharging Facility
x x L5 L5 L5 p
Automobile Rentals x x L5 L5 L5 x
Automobile/Vehicle Sales
and Leasing, New
x x L6 L6 L6 x
See § 15.04.610.080 Automobile/Vehicle Sales and
Leasing
Automobile/Vehicle Sales
and Leasing, Used
x x x x A x
Automobile/Vehicle Repair,
Minor
x x L5 L5 L5 x
Service Stations x x C x C x See § 15.04.610.380 Service Stations Banks and Financial
Institutions
See subclassifications below
Bank and Savings and Loan L2 L2 L2 L2 L2 L10
- With Drive-through
Service
x x C C C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Non-traditional Financial x x C x C x
See § 15.04.610.280 Nontraditional Financial
Institutions ("Check-cashing")
Business Services L2 L2 P P P L10
Catering Service L1 x L1 L1 L1 x
Commercial Entertainment
and Recreation
See subclassifications below
See § 15.04.610.130 Commercial/Recreation and
Entertainment
Cinema x x x C C x
Theatre x C C C C x
Large-scale Facility x x C C C x
Small-scale Facility x L1 A A A p
1185
Eating and Drinking
Establishments
See subclassifications below
See § 15.04.610.300 Outdoor Dining and Seating
Bars/Night Clubs/Lounges C C C C C x
Restaurant, Full Service L2 L2 L2 L2 L2 C
Restaurant, Limited Service L2 L2 L2 L2 L2 L2
Restaurant with Drive
Through Service
x x C x C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Finance, Insurance and Real
Estate Services
L2 L2 P L2 P L10
Food and Beverage Sales See subclassifications below
Convenience Market C C C C L2 P See § 15.04.610.150 Convenience Markets Farmers Market x A x x A L2 See § 15.04.610.200 Farmers Markets General Market P P P P P x
Liquor Store x x C C C x See § 15.04.610.060 Alcoholic Beverage Sales Funeral and Interment
Service
x x C x C x
Instructional Services L2 L2 L1 L1 P x
Live-Work x x x x x P See § 15.04.610.250 Live-Work Units Media Production A x L1 L1 A L2
Maintenance and Repair L2 C L2 P P L2
Mobile Vending Unit x A A x A x
See § 15.04.610.320 Outdoor Vendors (Mobile Food
Vendors)
Nursery and Garden Center x x x x P x See § 15.04.610.290 Nurseries and Garden Centers Offices, Business and
Professional
L2 L1 P L1 L1 A
1186
Medical and Dental L2 L1 P L1 L1 L2 See § 15.04.610.240 Hospitals and Clinics Walk-in Clientele P P P P P L2
Parking Facilities, Commercial A A A A P x
Personal Services L2 L2 P P P L2
See § 15.04.610.340 Personal Services
General Personal Services L2 P L2 L2 P L2
Health/Fitness Facility L2 P L2 L2 P L2
Massage Establishment L3 x L3 L3 C x
Tattoo or Body
Modification Parlor
x x C C C x
Printing and Publishing x x L1 L1 L1 A
Retail Sales See subclassifications below
General Retail Sales, Smallscale
L2 P L2 L2 P L2
General Retail Sales, Largescale
x x P L2 P x
Pawn Shop; Secondhand
Store
x x L3 L3 L3 x
See § 15.04.610.330 Pawn Shops; Secondhand
Dealers
With Drive-Through Service x x C C C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Transient Lodging See subclassifications below
Bed and Breakfast A P x x x x See § 15.04.610.110 Bed and Breakfast Lodging Hotel and Motel C L4 C C C x See § 15.04.610.420 Transient Lodging

INSTITUTIONAL AND COMMUNITY FACILITIES
College and Trade School C x C x L15 x
Community Assembly L2 x C C C x See § 15.04.610.140 Community Assembly 1187
Community Garden x P C x C P See § 15.04.610.290 Nurseries and Garden Centers Cultural Facility P C P P P x
Day Care Centers A A A A L14 x See § 15.04.610.190 Day Care Center Emergency Shelter P C L11 x L13 x See § 15.04.610.180 Emergency Shelters Government Buildings P P P P P C
Hospitals and Clinics C C C C C x
Hospital C x C C C x See § 15.04.610.240 Hospitals and Clinics Clinic L2 L2 L2 L2 L2 L2
Skilled Nursing Facility C x C C C x
Park and Recreation Facility L1 L1 C C C x
Public Safety Facility C C C P P x
Schools 1 x x x x x
Social Service Center x x L2 L2 L1 x See § 15.04.610.160 Domestic Violence Shelters

INDUSTRIAL
Artisan/Small-scale
Manufacturing
x x L8 x C P
Artist's Studio See subclassifications below
Studio-Light L2 P L2 x L2 P
Studio-Heavy C C C x C C
Commercial Kitchen x x x x C A
Limited Industrial x x L9 L9 x A
Marijuana Cultivation Facility x x x L10 x x See § 15.04.610.270 Medical Marijuana Uses Micro-brewery x C L15 L15 L15 L19 See § 15.04.610.120 Breweries and Wineries 1188
Recycling Facilities See subclassifications below
See § 15.04.610.350 Recycling Facilities
Collection Facilities P P A A A A
Research and Development x x L1 L1 L1 L16
Winery, Small x x L18 L18 L18 L19

TRANSPORTATION, COMMUNICATION AND UTILITIES
Communication Facilities See subclassifications below
See Article 15.04.614 Wireless Communications
Facilities
Antennas and Transmission
Towers
L7 L7 L7 L7 L17 L17
Equipment within Buildings x x L1 L1 L1 L16
Transportation Facilities See subclassifications below
Transportation Passenger
Terminal
x x x P P x
Utilities, Major C C C C C C
Utilities, Minor P P P P P P
OTHER
Accessory Uses and
Structures
See § 15.04.601.010 Accessory Uses and Structures
Home Occupations P P P P P P See § 15.04.610.230 Home Occupations Nonconforming Uses See Article 15.04.606, Nonconforming Uses, Structures, and Lot Temporary Use See Article 15.04.807, Temporary Use Permits NOTES:

L1 Permitted above the ground floor or behind an allowed ground floor use, but not within the Industrial Buffer Zone shown on the Zoning Map.

L2 Only allowed on the ground floor in mixed-use buildings; an administrative use permit is required for 1,500 to 3,000 square feet and for any establishment serving beer and/or wine occupying less than 1,500 square feet, and a conditional use permit is required for more than 3,000 sq. ft. A full service restaurant requires a conditional use permit for 1,500 square feet or more.
1189
L3 Requires a conditional use permit and cannot be located within 500 feet of a school or park.

L4 Allowed with a conditional use permit if the hotel has no more than 20 guest rooms.

L5 Only allowed on arterial streets, occupying 2,500 sq. ft. or less unless greater floor area, up to 5,000 square feet may be approved with an administrative use permit.

L6 Must be within an enclosed structure.

L7 Allowed with a conditional use permit if the Planning Commission finds that there are no feasible alternative locations and all other requirements of the Zoning Ordinance are met.

L8 Only allowed on the ground floor of a building; a conditional use permit is required for more than 25,000 square feet.

L9 Within the area established for the Richmond Bay Specific Plan, limited industrial development is permitted only in an existing building. Minor additions to such buildings of up to 10 percent of existing floor area are allow without discretionary review beyond that required for a building permit. Repairs and maintenance also is allowed as may be necessary to comply with existing City codes and ordinances or to strengthen or restore to a safe condition any building, structure, or part thereof declared to be unsafe by the Director of Planning and Building Services or any other City official charged with the responsibility of protection of public health, safety and welfare. (This limitation will be superseded by the adopted plan.) L10 Permitted above the ground floor or behind an allowed ground floor use and with approval of a conditional use permit.

L11 Up to 25 beds are permitted; for more than 25 beds, a conditional use permit is required. See Section 15.04.610.180 (Emergency Shelters).

L13 Permitted if not within the Industrial Buffer Zone shown on the Zoning Map.

L14 Allowed with an administrative use permit if not within the Industrial Buffer Zone shown on the Zoning Map.

L15 Allowed with a conditional use permit if not within the Industrial Buffer Zone shown on the Zoning Map.

L16 Allowed with an administrative use permit on sites with existing, potential, and potential environmental cleanup obligations pursuant to the requirements of the California Department of Toxic Substances Control and/or the Regional Water Quality Control Board, which do not permit residential uses.

L17 A conditional use permit is required unless the criteria for an administrative use permit listed in Section 15.04.614.030 (B) are met.

L18 A conditional use permit is required with on-sale consumption. Not allowed with production only.

L19 A conditional use permit is required without on-sale consumption only. Not allowed with a tasting room.

L20 Permitted as required pursuant to Section 15.04.610.020. 1 Schools with conditional use permits that are nonconforming can seek modifications to existing conditions of approval pursuant to Section 15.04.606.040(C), Expansion of nonconfirming uses. (Ord. No. 27-18 N.S., § I(Exh. A), 11-20-2018; Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 5, 11-10-2020)

15.04.202.030 - Development Standards.

Tables 15.04.202.030(1) through 15.04.202.030(5) prescribe the development standards for MixedUse Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.202.030(1): LOT, DENSITY, FAR, AND BUILDING PLACEMENT STANDARDS—MIXEDUSE DISTRICTS 1190
District CM-1 CM-2 CM-3 CM-4 CM-5 LW
Additional
Regulations
#
Lot and Density Standards
Minimum;
Maximum Density
(units/net acre)
20; 50 20; 30 20; 50
30;

82.5 1
40;
135 1
15; 50
Minimum Lot Size
(sq. ft.)
5,000 5,000 5,000 5,000 5,000 5,000
Minimum Lot
Width (ft.)
50 50 50 50 50 50
Maximum NonResidential Floor
Area Ratio (FAR)

0.5 0.5 2.0 2.0 5.0

0.5; 0.8 with a
conditional use
permit
Building Placement Standards
Setbacks,
Residential-only
Development
Residential-only development is subject to the setback requirements of the RM2 District.

See § 15.04.601.020
Building Projections
into Yards
Setbacks, Commercial and Mixed-Use Development (ft.)
Street Frontages
(A)
Min.
0;
Min. 0;
Max. 10
Min. 0;
Max. 5
Min. 0;
Max. 10
Min. 5 Min. 10
See § 15.04.601.020
Building Projections
into Yards
①
1191
Max.
15 Interior Side (B) Min. 5 Min. 0; 5 where abutting a Residential District Min. 10; 15 where
abutting an RL, RH,
PCI, or PR District See § 15.04.601.020
Building Projections
into Yards
②
Rear (B)
Min.
20 Min. 5; 10 where
abutting
Residential District
Min. 0; 10 where abutting
Residential District
Min. 10; 15 where
abutting an RL, RH,
PCI, or PR District
③
Corner Build Area
(ft.)
30; Buildings must be located in accordance with the required setbacks within 30 feet of every corner. Public plazas may be at the street corner provided buildings are built to the edge of the public plaza.
④
1 The increase in density, made by Ordinance 06-21, on April 20, 2021, is intended to conform to the requirements of the Housing Crisis Act of 2019 by ensuring that there is no net loss in residential capacity in the City as a result of the Richmond Hills Initiative and the implementing rezoning also made in this Ordinance which reduced the residential development capacity in the Richmond Hills Initiative area by 864 units. This density increase is allowed by the General Plan, which states on page 3.10 that the maximum number of allowable units in a land use designation may be exceeded to accommodate a density transfer or development rights transfer.

A. Build-to Line. Buildings shall be constructed at the street frontage or required setback line (the "build-to" line) for at least 60 percent of the building frontage. At least two-thirds of the area between the building and lot line shall be paved so that it functions as a wider public sidewalk.

This requirement may be modified or waived by the Zoning Administrator or the Design Review Board, whichever has approval authority, upon finding that:

1. Substantial landscaping will be located between the build-to line and ground floor residential units to soften visual impact of buildings;

2. Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build-to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or

3. The building will incorporate an alternative entrance design that will create a welcoming entry feature facing the street.

B. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear yard.

1. For any wall containing windows, a setback of at least 5 feet shall be provided.

2. For any wall containing bedroom windows, a setback of at least 10 feet shall be provided.

3. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.

4. The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.
1192
TABLE 15.04.202.030(2): HEIGHT STANDARDS—MIXED-USE DISTRICTS District CM-1 CM-2 CM-3 CM-4 CM-5 L/W
Additional
Regulations
#
Building
Maximum Height
(ft.)
45;
38 within 30
feet of a
Residential
District
45;
38 within 30
feet of a
Residential
District
55;
45 within 50
feet of a
Residential
District
55;
45 within 50
feet of a
Residential
District
135;
45 within 50
feet of a
Residential
District
55 (C);
See §

15.04.601.050
Exceptions to
Height Limits
⑤
Building
Minimum Height
(ft.)
n/a n/a 15 22 22 22 ⑥
1193
Maximum
Stories
4 4 5 5 12 5 (D)
Ground Floor Minimum
Ground Floor
Residential Uses
(ft.)
12 12 12 12 12 12 ⑦
Ground Floor
Non-residential
Uses (ft.)
15 15 15 15 15 15 ⑦
First Floor Ceiling
Height, Nonresidential Uses
(ft. clear)
12 12 12 12 12 12 ⑧
Parking Podium
Maximum height of a parking podium visible from the street is 5 feet from finished grade.
⑨
C. Height Limitations and Exceptions.

1. Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the height limit.

2. CM-3 District. For the CM-3 District along San Pablo Avenue, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zone.

3. Towers. If the project site is greater than 15,000 square feet, a tower or other projecting architectural elements may extend up to 12 feet above the top of a pitched roof, provided that the square footage of the element(s) do not total more than 15 percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.
a. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower. b. The tower element shall be proportional to the rest of the building. c. The tower element shall not be stepped back at any point. d. The maximum horizontal dimension of the tower element shall not exceed 100 feet. e. Fenestration at the base of the tower shall be greater than the top. f. The roof shall include architectural detailing, such as a cornice or eave.

D. Upper Story Limitations. For the CM-3 District along San Pablo Avenue, the maximum allowable number of stories shall not exceed three when abutting a single family residential zone.

The top story of all four-story buildings in the CM-1 and CM-2 districts shall contain only residential uses and shall be stepped back a minimum of 10 feet from the story below. 1194
TABLE 15.04.202.030(3): BUILDING FORM STANDARDS—MIXED-USE DISTRICTS District CM-1 CM-2 CM-3
CM4CM5
L/W
Additional
Regulations
#
Maximum Building Length
(ft.)
100 100 100 150 200 100 (E)
Maximum Length of Blank
Wall (ft.)
10 for ground
floor,
25 for upper
floors
10 for ground
floor,
25 for upper
floors
10 for ground
floor,
25 for upper
floors
25 25
10 for ground
floor,
25 for upper
floors
(E) ⑩
Bay Window Projections
(ft.)
Max. 3 feet from primary façade and min. 12 feet above sidewalk grade (F) ⑪ Awnings and Overhangs
(ft.)
Min. 4 feet from primary façade and 8 feet above sidewalk grade ⑫ Awning setback from Curb Min 2 feet clear ⑬
TABLE 15.04.202.030(4): PARKING AND LOADING STANDARDS—MIXED-USE

DISTRICTS
1195
District CM-1 CM-2 CM-3 CM-4 CM-5 L/W
Additional
Regulations
#
Setback from Street
Property Line (ft.)
40; Buildings shall be placed as close to the street as possible, with parking underground, behind a building, or on the interior side or rear of the site. (G) ⑭
Setback from Buildings
and Public Plazas (ft.)
5 ft. walkway plus 3 ft. landscaping; Applicable only to above ground parking.
(G) ⑮
Access Location Side street or alley wherever possible
Curb Cuts Minimized and in area least likely to impede pedestrian circulation ⑯ Loading/Service Area Side or rear of lot; must be screened from public ROW ⑰ E. Wide Buildings. Any building over 50 feet wide shall be broken down to read as a series of buildings no wider than 50 feet each or 30 feet in the CM-1 and CM-2 Districts. Increases in the maximum building width and length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.

F. Maximum Length of Blank Walls. This limitation does not apply to buildings with unique design requirements, such as gyms and auditoriums.
1196
G. Building Projections. The maximum width of any projection, including bay windows, is 10 feet, and the total of all projections along a building face may not be more than 10 feet wide or 25 percent of the building frontage, whichever is greater.

H. Limitations on Location of Parking. Parking may be located within 40 feet of the street facing property line in accordance with the following standards.

1. Underground and Partially Submerged Parking. Parking completely or partially underground, may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

2. Surface Parking. Above ground surface parking may be located within 40 feet of a street facing property line with the approval of an administrative use permit when the Zoning Administrator makes the following findings:
a. Buildings are built close to the public sidewalk to the maximum extent feasible; b. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and
c. The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

TABLE 15.04.202.030(5): LANDSCAPING AND OPEN SPACE STANDARDS—MIXED-USE DISTRICTS District CM-1 CM-2 CM-3 CM-4 CM-5 LW
Additional
Regulations
Minimum Residential Private
Open Space (sq. ft. per unit)
75 75 60 60 60 60 (H)
Minimum Public Open Space
For residential and mixed-use development: 200 sq. ft. per unit; For non-residential development: 10% of site
75 sq. ft.
per unit
Minimum Amount of
Landscaping (% of site)
10 15 15 15 15 15
I. Residential Open Space. Residential open space may be provided as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

1. Minimum Dimensions.
a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no horizontal dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet.
1197
b. Common Open Space. Minimum horizontal dimension of 20 feet.

2. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed 10 percent.

3. Accessibility.
a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.
(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

15.04.202.040 - Supplemental Regulations.

A. Residential Density. Additional residential density may be approved when density bonuses are granted for affordable housing. The minimum density does not mean that residential use is required; however, where it is proposed, it must meet the minimum in Table 15.04.202.030(1).

B. Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned, unless substantial public benefits are provided, such as a new park, a community garden or a trail.

C. Street Frontage Improvements. New development shall provide street frontage improvements in accordance with the following:

1. Between the Property Line and Curb.
a. Sidewalks. Sidewalks shall be provided if none exist or if the existing sidewalks are in poor condition.
b. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.
c. Street Lights. Pedestrian-scaled street lights, including attachments from which banners may be hung, shall be provided.
d. Street Trees. Shade trees shall be planted no more than 30 feet on center. Tree guards shall be provided. Trees shall be a minimum of 15 gallons in size, and at least 10 percent of the required trees shall be 24-inch box size or larger.

2. Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of 10 feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.

D. Building Orientation and Entrances.

1. Buildings shall be oriented to face public streets.

2. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within 20 feet of a public sidewalk.

3. At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.
1198

4. Entrances located at corners shall generally be located at a 45-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.

5. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

E. Building Transparency; Required Openings for Non-Residential Uses. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without a window or other opening.

Figure 15.04.202.040-D: Required Openings for Non-Residential Uses

1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened and treated, consistent with the requirements of Article 15.04.607 (Parking and Loading Standards).

3. Alternatives through Design Review. Alternatives to the building transparency requirement may be approved if the Zoning Administrator or the Design Review Board, whichever has approval authority, finds that:
a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

F. Building Design and Articulation. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and "box-like" appearance. Building design shall reflect and complement the architectural style of significant historic buildings within the City. This may be accomplished through the incorporation of architectural style, colors, and materials similar to those used for historic buildings in Richmond. The following standards apply to commercial and mixed-use development in them MixedUse Districts. Residential-only development is subject to the building design standards for the RM2 District.

1. Massing. Building massing shall align with the street grid of adjacent blocks.

2. Relation to Existing Buildings. Buildings shall be designed to appear integrated with existing buildings in the district.

3. Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories. 1199

4. Windows.
a. Window frames shall be inset at least two inches from the face of the building to enhance shadow-line around opening.
b. Snap-in vinyl mullions between double pane glass is prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.
c. Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

5. Exterior Building Materials and Colors.
a. A unified palette of materials shall be used on all sides of buildings. b. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clapboard, painted metal clapboard or other quality, durable materials approved through the design review process.
c. A wainscoting of quality materials on the bottom of the ground floor façade is required. d. Colors shall be used to help delineate windows and other architectural features to increase architectural interest.

6. Building Details.
a. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest. b. All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.
c. All balconies that do not meet the minimum size required for private open space shall have a minimum horizontal dimension of two feet.
d. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

G. Height on San Pablo Avenue. For the CM-3 Zone, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zoning district.

H. Pedestrian Access.

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5. Interior Pedestrian Walkway Design.
a. Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.
1200
b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

6. CM-3 and CM-4 Districts. Commercial development is permitted only if the Design Review Board determines that the site plan and building design is pedestrian-oriented with minimal building setbacks along primary street frontage. Where setbacks are proposed, they shall include public amenities, such as outdoor seating, shade structures and canopy trees.

I. Residential Notification. The building owner shall inform residents of mixed-use development of potential noise from refuse collection and other activities typically associated with ground-floor commercial activity.
1201
ARTICLE 15.04.203 - COMMERCIAL DISTRICTS

15.04.203.010 - Purpose and Applicability.

The specific purposes of the Commercial Districts are to:

A. Designate adequate land for general commercial uses that are not compatible with mixed use development, including auto service uses.

B. Maintain and strengthen the City's economic and fiscal resources and provide employment opportunities for residents of the City and surrounding communities; C. Establish appropriate development, design standards, and buffering requirements to protect adjacent uses and ensure land use compatibility; and
D. Minimize the impacts of commercial development on adjacent residential uses.

The following Commercial Districts implement General Plan classifications of "Regional Commercial Mixed-Use" and "Marine and Waterfront Commercial".

CG General Commercial. This district is intended to accommodate retail, service, office, research and development, and limited industrial uses that are not compatible with mixed use development.

This district offers maximum flexibility to allow the market to determine the mixture of non-residential uses. No residential uses are allowed.

CR Regional Commercial. This district is intended for mid-rise mixed-use development and regional shopping centers (e.g. Hilltop, Pacific East Mall, and Target) characterized by intensive development of retail space in compact and pedestrian-friendly environments. Office, retail and residential uses are allowed in mid-rise buildings.

CC Coastal Commercial. This district is intended to provide areas for waterfront-related retail and service uses in building forms appropriately scaled to the Bayfront. Shoreline access for the public must be provided. No residential uses are allowed.

The City Council may find, on case-by-case basis, that one or more of these commercial districts are conditionally consistent with certain General Plan "Mixed-Use" designations because mixed use development is not viable in the near- to mid-term and applying these districts to specific geographic areas would not impede implementation of the General Plan over the long-term.

15.04.203.020 - Land Use Regulations.

Table 15.04.203.020 prescribes the land use regulations for "Commercial" Districts. The regulations for each district are established by letter designations as follows:
"P" designates permitted uses.
"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.
"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.
"L#" designates numbered limitations listed at the end of the table. "x" designates uses that are not permitted.

Use classifications are defined in Article 15.04.104 (Key Terms and Definitions). In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not 1202
listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this Ordinance.

TABLE 15.04.203.020: LAND USE REGULATIONS—COMMERCIAL DISTRICTS Uses CG CR CC Additional Regulations

RESIDENTIAL
Single Family See subclassifications below
Attached x A x See § 15.04.201.070 Residential Development Types Multi-Unit Dwelling x L6 x
Elderly and Long Term Care x C x
Residential Facility x A x See § 15.04.610.360 Residential Facility Supportive Housing x P x
Transitional Housing x P x
Low Barrier Navigation Center x P x

COMMERCIAL
Adult Business x C x See § 15.04.610.050 Adult Businesses Animal Sales and Services See subclassifications below
See § 15.04.610.070 Animal Keeping
Boarding Kennel x A x
Clinic/Hospital x A x
Grooming x A x
Retail Sales (Pet Shops) x P x
Veterinary Services x A x
Auto/Vehicle Sales Services See subclassifications below Alternative Fuels and Recharging
Facility
P L7 P
1203
Automobile Rentals A A x
Automobile/Vehicle Sales and
Leasing, New
P P x
See § 15.04.610.080 Automobile/Vehicle Sales and
Leasing
Automobile/Vehicle Sales and
Leasing, Used
A A x
Automobile/Vehicle Repair, Major C C x See § 15.04.610.090 Automobile/Vehicle Repair, Major Automobile/Vehicle Repair, Minor A L7 x
Automobile/Vehicle Washing A C x See § 15.04.610.100 Automobile/Vehicle Washing Service Station P A P See § 15.04.610.380 Service Stations Banks and Financial Institutions See subclassifications below Bank and Savings and Loan P C x
- With Drive-through Service C C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Non-traditional Financial
Institutions
C C x
See § 15.04.610.280 Nontraditional Financial
Institutions ("Check-cashing")
Business Services P P L4
Catering L1 L6 x
Commercial Entertainment and
Recreation
See subclassifications below
See § 15.04.610.130 Commercial/Recreation and
Entertainment
Cinema x C x
Theatre x C x
Large-scale Facility x C x
Small-scale Facility x A x
Eating and Drinking Establishments See subclassifications below See § 15.04.610.300 Outdoor Dining and Seating
Bars/Night Clubs/Lounges x C x
1204
Restaurant, Full Service x L1 C
Restaurant, Limited Service L2 P L2
Restaurant with Drive Through
Service
x C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Finance, Insurance and Real Estate
Services
x P x
Food and Beverage Sales See subclassifications below
Convenience Market L2 L1 L3 See § 15.04.610.150 Convenience Markets Farmers Market C C x See § 15.04.610.200 Farmers Markets General Market C P x
Liquor Store C C x See § 15.04.610.060 Alcoholic Beverage Sales Funeral and Interment Service C C x
Instructional Services L6 P P
Live-Work L9 x x See § 15.04.610.250 Live-Work Units
Maintenance and Repair Service L1 L1 L4
Marinas x x C
Media Production L1 L1 x
Medical Marijuana Collectives and
Dispensaries
C C x See § 15.04.610.270 Medical Marijuana Uses
Mobile Vending Unit A A C
See § 15.04.610.320 Outdoor Vendors (Mobile Food
Vendors)
Nursery and Garden Center P P x See § 15.04.610.280 Nurseries and Garden Centers Offices, Business and Professional L1 L6 L1
Personal Services See subclassifications below See § 15.04.610.340 Personal Services 1205
General Personal Services L2 P L1
Health/Fitness Facility L4 P x
Massage Establishment C C x
Printing and Publishing L1 L6 x
Retail Sales See subclassifications below
Building Materials and Services P x L4
General Retail Sales, Small-scale P P L3
General Retail Sales, Large-scale C P x
With Drive-Through Service C C x
See § 15.04.610.170 Drive-In and Drive-Through
Facilities
Transient Lodging See subclassification below
Bed and Breakfast x x C See § 15.04.610.420 Transient Lodging Hotel and Motel x C C

INSTITUTIONAL AND COMMUNITY FACILITIES
College and Trade School x C x
Community Assembly x C C See § 15.04.610.140 Community Assembly Community Garden P x P See § 15.04.610.290 Nurseries and Garden Centers Cultural Facility x P C
Day Care Centers L7 A x See § 15.04.610.190 Day Care Center Emergency Shelter L8 L8 x See § 15.04.610.180 Emergency Shelters Government Buildings P P P
Hospitals and Clinics See subclassifications below
See § 15.04.610.240 Hospitals and Clinics
Clinic L1 L1 x
1206
Park and Recreation Facility x C C
Public Safety Facility P P P
Schools 1 x x x See § 15.04.610.370 Schools
Social Service Center P P x See § 15.04.610.160 Domestic Violence Shelters

INDUSTRIAL
Artisan/Small-scale Manufacturing L1 x L1
Artist's Studio See subclassifications below
Studio-Light L1 x L1
Studio-Heavy L1 x x
Commercial Kitchen A A x
Limited Industrial x x L4
Marijuana Cultivation Facility C x x
Marijuana Product Manufacturer C x x See § 15.04.610.270 Medical Marijuana Uses Marijuana Testing Laboratory C x x
Micro-breweries L11 L11 L11 See § 15.04.610.120 Breweries Recycling Facilities See subclassifications below
See § 15.04.610.350 Recycling Facilities
Collection Facilities A A P
Research and Development L6 x x
Warehousing, Wholesaling, Storage,
and Distribution
See subclassifications below
See § 15.04.610.400 Storage Containers
Indoor Warehousing and Storage C x L5
Outdoor Storage C x L5
Mini-Storage C x L5
1207

TRANSPORTATION, COMMUNICATION AND UTILITIES
Communication Facilities See subclassifications below
Antennas and Transmission
Towers
C or A depending on facility
type
See § 15.04.614 Wireless Communications Facilities
Equipment within Buildings C L6 C
Freight/Truck Terminal and
Warehouse
C x C
Light Fleet-Based Service C x x
Transportation Facilities See subclassification below
Transportation Passenger
Terminal
x P C
Utilities, Major C C C
Utilities, Minor P P P
OTHER
Accessory Uses and Structures
Caretakers units are not allowed in the Industrial Buffer Zone shown on the Zoning Map. See § 15.04.601.010 Accessory Uses and Structures
Nonconforming Uses See Article 15.04.606, Nonconforming Uses, Structures, and Lot Temporary Use See Article 15.04.807, Temporary Use Permits NOTES:

L1 Only allowed on the ground floor in mixed-use buildings; an administrative use permit is required for more than 3,000 sq. ft. Full service restaurants require a conditional use permit for 1,500 square feet or more.

L2 Small-scale establishments serving local businesses and workers occupying less than 1,000 sq. ft. are allowed.

L3 Only water-related stores allowed occupying less than 1,000 sq. ft. are allowed.

L4 Only small-scale marine-related industrial uses and services occupying less than 3,000 sq. ft. are allowed.

L5 Only water-related storage or storage associated with a marine-related use or service allowed as an accessory use.

L6 Permitted above the ground floor or behind an allowed ground floor use, otherwise, a conditional use permit is required.

L7 Only allowed on arterial streets that are not within the Industrial Buffer Zone shown on the Zoning Map, occupying 2,500 sq. ft. or less unless greater floor area, up to 5,000 square feet is approved with a conditional use permit. This Industrial Buffer Zone is functionally equivalent to the Industrial Buffer Zone/Transition Zone established by Ordinance No. 18-18 N.S.

L8 Up to 25 beds are permitted; for more than 25 beds, a conditional use permit is required. See Section 15.04.610.180 (Emergency Shelters).
1208
L9 Requires a conditional use permit and not allowed in the Industrial Buffer Zone shown on the Zoning Map. This Industrial Buffer Zone is functionally equivalent to the Industrial Buffer Zone/Transition Zone established by Ordinance No. 18-18 N.S.

L11 Requires a conditional use permit and, if there is on-sale consumption of alcoholic beverages, the standards of Section

15.04.610.060 (Alcoholic Beverage Sales) apply.
1 Schools with conditional use permits that are nonconforming can seek modifications to existing conditions of approval pursuant to Section 15.04.606.040(C), Expansion of nonconfirming uses. (Ord. No. 27-18 N.S., § I(Exh. A), 11-20-2018; Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

15.04.203.030 - Development Standards.

Table 15.04.203.030 prescribes the development standards for Commercial Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.203.030: DEVELOPMENT STANDARDS—COMMERCIAL DISTRICTS District CG CR CC Additional Regulations #
Lot and Density Standards
Minimum Lot Size (sq. ft.) 5,000 5,000 None
Corner Lots 6,000 6,000 n/a
Minimum Lot Width (ft.) 50 50 None ①
Corner Lots 60 60 n/a ②
1209
Building Form and Location
Maximum Height (ft.)
55; 35 within 50
feet of an R District
55; 35 within 50
feet of an R District
35 See § 15.04.601.050
Exceptions to Height
Limits
③
Ground Floor Minimum (ft.)
Ground Floor
Commercial Uses
16 16 16 ④
First Floor Ceiling
Height, Commercial Uses
(ft. clear)
12 12 12 ⑤
Minimum Setbacks (ft.)
Front 0; 5 adjacent to a Residential district
See § 15.04.601.020
Building Projections into
Yards
⑥
Interior Side 0; 5 adjacent to a Residential District
⑦
⑩
⑩
Street Side 0 ⑧
Rear
0; 10 adjacent to
Residential District
0; 5 adjacent to a
Residential District
0; 10 adjacent to
Residential District
⑨
⑩
Maximum Floor Area
Ratio (FAR)

2.0 2.0 0.6
See Article 15.04.103
Rules of Measurement
Additional Development Standards—Commercial Districts
A. Additional Development Standards. All development in the Commercial Districts is subject to the following standards.

1. Landscaping. A minimum of 15 percent of the site must be landscaping, which may be reduced to 5 percent if buildings are located on front and street size lot lines. Additional landscaping may be required for parking areas.

2. Public Improvements.
a. Sidewalks. Sidewalks shall be provided if none already exist or if the existing sidewalks are in poor condition.
1210
b. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.
c. Street Lights. Pedestrian-scale street lights shall be provided. d. Street Trees. Shade trees shall be planted no more than 30 feet on center. Tree guards shall be provided. Trees shall be a minimum 15 gallons in size, and at least 10 percent of the required trees shall be 24-inch box size or larger.

3. Orientation of Primary Building Entrance. The primary building entrance shall face or be oriented to within 45 degrees of or parallel to the street frontage. This entrance(s) must allow pedestrians to both enter and exit the building and must remain unlocked during business hours. Where a site is located on two public streets, a primary entrance shall be oriented toward the street with the higher classification. If a site fronts two public streets of equal classification, the applicant may choose which frontage on which street to meet the requirement.

4. Building Transparency/Required Openings. Exterior walls facing and within 20 feet of a front or street side lot line shall include windows, doors, or other openings for at least 40 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. a. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Exceptions for Parking Garages. Multi-level garages are not required to meet the ground-floor transparency requirement. Instead, they must be screened and treated, consistent with the requirements of Article 15.04.607 (Parking and Loading Standards). c. Reductions through Design Review. The building transparency requirement may be reduced or waived if it is found that:
i. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and
ii. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

5. Building Articulation.
a. Any building over 75 feet wide shall be broken down to read as a series of buildings no wider than 75 feet each.
b. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). c. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.

6. Exterior Building Materials.
a. A unified palette of materials shall be used on all sides of buildings. b. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clap-board, painted metal clapboard or other quality, durable materials approved by the Zoning Administrator or Design Review Board, whichever has approval authority.

7. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards.
1211
a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.
b. To Circulation Network. Regular connections between on-site walkways and the public sidewalk shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage. Such walkway shall be the shortest practical distance between the main entry and sidewalk, generally no more than 125 percent of the straight line distance.
c. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. d. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk "bulb-outs" or bus "pull-outs" may be required at bus stops serving commercial centers (building floor area over 25,000 square feet) to provide waiting areas for transit users and safety for passing motorists. e. Interior Pedestrian Walkway Design.
i. Walkways shall have a minimum unobstructed width of six feet and shall be hardsurfaced. ii. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.
iii. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

8. Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and service areas must be screened so as not to be visible from public streets. Drop-off areas may be located at the primary building entry.

B. Shopping Centers. Shopping centers containing 25,000 square feet or more of floor area are subject to the following standards and criteria for approval.

1. Entry Plazas/Passenger Loading Areas. A plaza shall be provided at the entry to each anchor tenant that provides for pedestrian circulation and loading and unloading. Entry plazas and passenger loading areas shall include unique, decorative paving materials, adequate seating areas, provision of adequate shade from the summer sun, and attractive landscaping including trees or raised planters. Entry plazas with features described under paragraph 2 below may be counted toward the public plaza requirements.

2. On-Site Public Plazas. Outdoor plazas for the use of customers and visitors shall be provided at a rate of five square feet per 1,000 square feet of floor area, up to 1,500 square feet of outdoor plaza.
a. Location. Public plazas shall be visible from a public street, or from on-site areas normally frequented by customers, and shall be accessible during business hours. b. Amenities. On-site public space shall include benches or other seating, and the ground surface shall be landscaped or surfaced with high-quality paving materials. Amenities shall be provided that enhance the comfort, aesthetics, or usability of the space, such as shade trees and other landscaping, shade structures, drinking fountains, water features, public art, and performance areas.

3. Design Criteria. In order to receive design approval for a shopping center, the Design Review Board shall find that all of the following criteria have been met. 1212
a. Integrated Theme. Buildings and structures exhibit an integrated architectural theme that includes similar or complementary materials, colors, and design details. b. Site Entrance. The driveway entrance provides an organizing element to the site design with features such as a landscaped entry corridor or a divided median drive separated by a landscaped center dividing island. Buildings are located within 30 feet of the corner of the driveway and public right-of-way and building elements with greater vertical emphasis are used at these corners.
c. Building Entrances. Building entrances to anchor tenants and other large stores are prominent and inviting. The architectural details of building entrances are integrated with the overall building design in terms of materials, scale, proportion, and design elements.
d. Vehicular Circulation. Safe, convenient vehicular circulation is provided within the development through an appropriate system of internal vehicular circulation routes based on a hierarchy of drive aisles and cross routes. Vehicular and pedestrian conflicts are minimized. Where pedestrian circulation routes cross vehicular traffic aisles and driveways within a development, there are clearly delineated crosswalks that include clear sight lines, adequate warning signage, adequate lighting, and protective barrier posts or similar features at walkway entrances.
e. Cart Corrals. Adequate, convenient cart corrals are provided near building entrances and throughout the parking areas.
f. Transit Facilities. Transit facilities, where included, have effective shading from the summer sun and comfortable seating.
g. Lighting. A combination of attractively designed and located lighting fixtures, including low pole lights, ground-mounted fixtures, light bollards, and architectural lighting provides interesting compositions for outdoor lighting, as well as a safe, secure environment.
h. Shade Areas. Pedestrian areas, such as walkways, building entrances, and gathering areas, are adequately shaded from the summer sun through such techniques as the careful placement of trees and landscaping, trellis structures, projecting canopies, covered walkways, arcades, porticos, building orientation, and similar techniques. 1213
ARTICLE 15.04.602 - AFFORDABLE HOUSING DENSITY BONUS

15.04.602.010 - Purpose and Applicability.

In accordance with California Government Code Sections 65915, et seq., this Chapter specifies how compliance with State Density Bonus Law will be implemented. The purpose of this Article is to provide density bonuses and incentives to encourage the production of housing units for very low-, low-, and moderate-income households, senior households, student housing, certain daycare facilities and other housing types as provided by state law and outlined in Government Code Section 65915 through 65918.

In enacting this Chapter, it is also the intent of the City to implement the goals, objectives, and policies of the City’s Housing Element of the General Plan.

15.04.602.020 - General Provisions.

A. State Law Governs. Where a conflict occurs between the provisions of this Article and State law, State law will govern.

B. Compatibility. All affordable housing units must be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects must be comparable with the design and appearance of market-rate units in appearance, use of materials, and finish quality.

C. Availability. All affordable housing units must be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project, unless both the City and the developer agree in the Density Bonus Agreement to an alternative schedule for development.

D. Density Bonus Agreement. A Density Bonus Agreement will be made a condition of the discretionary permits for all projects granted a density bonus, pursuant to this Article. The Agreement must be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The Agreement must be consistent with Section 15.04.602.060.

E. Effect of Granting Density Bonus. The granting of a density bonus will not, in and of itself, be interpreted to require a General Plan amendment, Zoning Text or Map change, or other discretionary approval.

15.04.602.030 - Definitions.

A. Terms Defined. Terms used in this chapter are defined as follows:

1. Density Bonus. A density increase over the otherwise maximum allowable density permitted by the City of Richmond pursuant to California Government Code Section 65915.

2. Eligible Housing Development. As defined in Government Code Section 65917.2.

3. Housing Development. As defined in Government Code Section 65915(i).

4. Qualifying Unit. A unit that is provided at a below market-rate rent or sales price as set forth in Government Code Section 65915 to receive a Density Bonus and/or Waivers and Reductions and/or Incentives and Concessions.

B. Terms Not Defined. Terms not defined in this section shall be interpreted to give this chapter its most reasonable meaning and application, consistent with applicable state and federal law.

15.04.602.040 - Density Bonus Calculations and Procedures.

A. Calculation. Density bonuses must be calculated as set forth in Sections 65915 and 65917.2.

B. Procedures. Density bonus requests must accompany housing development permit applications and will be decided upon concurrent with the underlying permit for the project. 1214

15.04.602.050 - Incentives or Concessions.

A. Possible Incentives or Concessions. When a developer seeks and agrees to construct any one of the housing specified in Section 65915, the City shall grant incentives or concessions as described below, if requested by the developer, in addition to a density bonus, unless the City makes written findings per subsection 15.04.602.050(C) of this Article:

1. A reduction in site development standards or a modification of zoning requirements or design requirements that exceed the minimum building standards approved by the California Standards Commission as provided for in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code including, but not limited to the following:
a. Reduced minimum lot sizes and/or dimensions;
b. Reduced minimum setbacks;
c. Reduced minimum common and/or private outdoor open space; d. Increased maximum lot coverage;
e. Increased maximum building height and/or stories;
f. Reduced on-site parking standards;
g. Reduced minimum building separation requirements;
h. Reduced street standards, including street widths;
i. Approval of mixed-use zoning within the housing development where it is demonstrated that commercial, office, or other nonresidential land uses will reduce housing costs over residential-only uses on a site and will be compatible with the existing and planned housing units on the site and the surrounding neighborhood where the proposed housing development will be located.

2. Other incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to, the following:
a. Expedited "fast track" processing of development applications and permits (e.g., allowing plan check to begin during planning appeal period);
b. Waiver of filing or processing fees on development applications and permits, or other development fees, following established City fee waiver processes or policies; c. Use of public financing; or
d. Other regulatory incentives or concessions that result in identifiable cost reductions.

There is no limit or requirement, however, for the City to provide any direct financial incentives for the housing development, to waive fees and/or dedication requirements, or to provide publicly-owned land for a housing development.

B. Calculation. For purposes of this chapter, the number of incentives and concessions are counted as follows:

1. Any incentive or concession that would otherwise require discretionary approval by the Zoning Officer, or City Council of any single dimensional lot development standard, such as height or setbacks, or any single quantitative lot development standard, such as parking or open space, counts as one.

2. A proposed incentive or concession that would involve exceedance of a single physical lot development standard counts as one even if that exceedance would otherwise require more than one permit (e.g., extra height may require permits for height, floor area ratio, and/or number of stories but would count as one incentive and concession for height). 1215

3. Where it is ambiguous as to whether a proposed incentive or concession involves one or more dimensional or quantitative lot development standards, the stricter interpretation applies, as determined by the review authority.

C. Procedural Requirements.

1. The City shall grant incentives and concession unless findings are made as set forth in Section 65915(d)(1).

2. The City is not required to deny a proposed incentive or concession solely because it can make a finding under Section 65915(d)(1).

3. The City bears the burden of proof for the denial of a requested incentive or concession.

4. Unless denied under Section 65915, incentives and concessions are exempt from discretionary review of permits under the Zoning Ordinance, other than Design Review, and by law do not modify the CEQA review status of a project.

15.04.602.060 - Application Submittal Requirements and Review Procedures.

A. Preliminary Proposal. A developer requesting a density bonus or incentive(s) pursuant to this Article may submit a preliminary proposal for feedback prior to the submittal of any formal requests for approval of a density bonus and incentive and other planning approvals, such as a General Plan amendment, subdivision map, development plan, or design review. The purpose of the preliminary proposal is to determine whether the proposed housing development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the incentive(s) or concession(s). Approval of a preliminary proposal does not constitute approval of the housing development, but indicates that the housing development nominally complies with the City's zoning regulations, and establishes the type of incentive(s) or concession(s) and agreement to ensure compliance with this Article to be recommended by staff.

1. The following information is required to be submitted for a preliminary proposal:
a. A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the planning approval(s) required; b. A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways;
c. A written request for the specific incentive(s) or concession(s) sought accompanied by a rationale and accurate supporting information sufficient to demonstrate that any requested incentive is required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above. If applicable, the developer shall identify the proposed use of any housing subventions or programs for the housing development, such as California Housing Community Development programs or other sources of funding.

2. Within 90 days of receipt of a complete preliminary proposal, the Planning Manager shall notify the developer in writing what the staff will recommend as to how the City will comply with this Article, and shall indicate whether or not the housing development complies with this Article and with the applicable planning and zoning regulations.

B. Housing Density Bonus and Incentive Application. All requests for density bonuses, incentives, parking reductions, and waivers for a housing development shall be filed with the Community Development Director, or their designee, concurrently with the filing of the planning application for the first discretionary or ministerial permit required for the housing development, whichever permit is earliest. The applicant shall be informed whether the application is complete consistent with Government Code Section 65943. The application and required fee for a housing density bonus and, if requested, an incentive or concession must include:

1. Documentation for a Requested Density Bonus.
a. Evidence that the project includes the qualifying percentages of residential units set forth in Section 65915 or 65917.2, excluding the units added by the granted density bonus; 1216
b. Calculations showing the maximum base density;
c. Number or percentage of affordable units and the income level at which the units will be restricted to;
d. Number of market rate units that will result from the granted density bonus; e. Resulting density, described in units per square foot; and f. A written acknowledgement that the project will be subject to the affordability restrictions and other provisions set forth in this Article.

2. Documentation of Requested Incentives or Concessions. a. A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units shall be prepared. The City may require that an independent financial review be conducted at the expense of the applicant. b. A description of any proposed waivers of development standards or other zoning requirements the applicant may be entitled to pursuant to State Density Bonus Law, and why they are necessary for making the project physically possible.

3. If the housing development is proposed as a Planned Area District, the density bonus and incentive(s) shall be reviewed concurrently with the rezoning application. If the housing development is not proposed as a Planned Area District, a conditional use permit shall be required for the density bonus and incentive(s) or concession(s).

4. Parking reductions. If a housing development is eligible for a density bonus pursuant to State Density Bonus Law, the applicant may request an on-site vehicular parking ratio specified in Government Code Section 65915(p). An applicant may request this parking reduction in addition to the incentives and waivers permitted by paragraphs (2) and (3) of this subsection. The application shall include a table showing parking required by the zoning regulations, parking proposed under State Density Bonus Law, paragraph under Government Code Section 65915(p) (or other statute) under which the project qualifies for the parking reduction, and reasonable documentation that the project is eligible for the requested parking reduction.

5. Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

15.04.602.070 - Application review process
A. All requests under State Density Bonus Law shall be part of the planning application and shall be applied for, reviewed, and acted upon concurrently with the planning application by the approval body with authority to approve the development, within the timelines prescribed by California Government Code Section 65950 et seq. or other statute. Appeals of the planning application in accordance with the requirements of City Code Section 15.04.803.140 shall include all requests under State Density Bonus Law if appeals are authorized for the discretionary or ministerial permit applied for.

B. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, if applicable, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of State Density Bonus Law, as applicable:

1. The housing development provides the housing required by State Density Bonus Law to be eligible for a density bonus and any incentives, parking reduction, or waivers requested, 1217
including housing required to replace units rented or formerly rented to very low- and lowincome households as required by California Government Code Section 65915(c)(3).

2. If applicable, the housing development provides the housing required by State Density Bonus law to be eligible for an additional density bonus under Government Code Section 65915(v)(1).

3. If an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

4. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the housing development at the densities or with the incentives permitted.

5. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p) or other statute.

6. If the density bonus is based all or in part on donation of land, the requirements of Government Code Section 65915(g) have been met.

7. If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, the requirements included in Government Code Section 65915(h) or 65915.5, as appropriate, have been met.

C. Housing Density Bonus and Incentive Approval. The City shall grant the concession or incentive requested unless the City makes a written finding, based upon substantial evidence, that:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderateincome households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5; or

3. The concession or incentive would be contrary to State or federal law.

D. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053; or

2. The proposed incentive would be contrary to state or federal law; or

3. The proposed incentive would have a specific, adverse impact upon the public health or safety or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the 1218
application for the housing development was deemed complete as defined in Government Code Section 65589.5.

E. Standards Must Not Preclude Development. In no case will the City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection 15.04.602.030(A) at the densities or with the concessions or incentives permitted by this Article. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection 15.04.602.030(A) at the densities or with the concessions or incentives permitted, and the Planning Commission shall consider that request at the same time as it reviews the application. A proposal for the waiver or reduction of development standards pursuant to this Section shall not include a request to reduce nor increase the number of incentives or concessions to which the applicant is otherwise entitled.

F. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

1. The proposed waiver would be contrary to state or federal law; or

2. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or

3. The proposed waiver would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, “specific, adverse impact” means a significant, quantifiable, direct and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete as defined in Government Code Section 65589.5.

G. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

H. A request for minor modification of an approved density bonus housing plan may be granted by the City Manager, or their designee, if the modification substantially complies with the original density bonus housing plan and conditions of approval. Other modifications to the density bonus housing plan shall be processed in the same manner as the original plan.

15.04.602.080 - Required Affordable Housing Density Bonus Agreement.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the developer shall enter into a written agreement with the City for the duration of affordability. The terms and conditions of the agreement shall be binding for a minimum of 55 years or longer if required by the construction or mortgage financing assistance program, insurance program, or rental subsidy program upon the successor in interest of the developer, and shall be recorded in the Contra Costa County Clerk Recorder's Office, County Recorder Division. The agreement shall be approved by the City Attorney and shall include provisions for the following:

A. The number and proportion of housing units affordable to moderate-income, lower-income, and very low-income households by type, location and number of bedrooms; B. Standards for maximum qualifying household incomes and maximum rents or sale prices; C. The party responsible for certifying rents and sales prices of affordable housing units; D. The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;
1219
E. The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units; F. Deed restrictions on the affordable housing units binding on property upon sale or transfer; G. Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households;
H. Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units; and I. Moderate Income Units for Sale Only. An equity-sharing agreement for moderate-income units that are directly related to the receipt of the density bonus in the common interest development, unless it is in conflict with the requirements of another public funding source or law. The following provisions must be included: (1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. (2) The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership. 1220
ARTICLE 15.04.607 - PARKING AND LOADING STANDARDS

15.04.607.010 - Purpose.

The purposes of the off-street parking and loading regulations are to:

A. Ensure that off-street parking and loading facilities are provided for new uses and major alterations to existing uses;
B. Avoid or minimize negative impacts associated with spillover parking into adjacent neighborhoods;
C. Minimize the negative environmental and urban design impacts that can result from parking lots, driveways, and drive aisles within parking lots;
D. Address the needs of people traveling by bicycle or on foot by promoting development of active land uses and activities in place of surface parking lots, and where parking is to be provided, promoting parking lot designs that offer safe, attractive, and direct pedestrian routes and secure bicycle parking.

E. Support bicycling and address the circulation, access, and security needs of people traveling by bicycle by requiring short-term and long-term bicycle parking and storage, and requiring parking lot designs that offer safe bicycle access routes;
F. Establish standards and regulations for safe and well-designed parking, loading, and vehicle circulation areas that minimize conflicts between pedestrian and vehicles within parking lots and, where appropriate, create buffers from surrounding land uses; G. Offer flexible means of minimizing the amount of land area devoted to parking of automobiles by (1) allowing reductions in the number of required parking spaces in the most transit accessible areas, areas with a diverse mix of land uses with off-setting periods of peak parking demand, for shared parking facilities, and for other situations expected to have lower vehicle parking demand; and (2) establishing limits on the number of private off-street parking spaces that can be provided in association with certain land uses and in certain locations, with allowance for provision of additional parking spaces above these established maximums provided that such spaces are shared and publicly accessible.

H. Reduce urban stormwater run-off and heat island effect.

15.04.607.020 - Applicability.

A. New Development. Unless otherwise specified, the parking and loading requirements of this Article apply to all new buildings and to all new conditionally permitted uses in existing buildings.

B. Reconstruction, Expansion and Change in Use of Existing Non-Residential Buildings.

1. Changes in use, expansions of a use, or expansions of floor area that create an increase of more than three required parking spaces or more than 10 percent of required spaces, whichever is greater, shall provide on-site automobile parking, bicycle parking, and loading space according to the provisions of this Article. A building shall be granted no more than one expansion with no required increase in parking under this provision.

2. Existing parking shall be maintained, and additional parking shall be required only for such addition, enlargement, or change in use and not for the entire building or site. If the number of existing parking spaces is greater than the requirements for such use, the number of spaces in excess of the prescribed minimum may be counted toward meeting the parking requirements for the addition, enlargement, or change in use.

3. A change of use shall provide the difference between the required parking ratio of the proposed use and one parking space per 300 square feet.
1221

4. A change in occupancy is not considered a change in use unless the new occupant is in a different use classification (use type) than the former occupant.

C. Reconstruction, Expansion and Change in Use of Existing Residential Buildings.

1. For any new commercial, cultural, medical office, or health use of an existing residential building or structure, parking spaces in the number specified in Section 15.04.607.040 (Calculation of Parking Requirements) shall be provided for the entire site.

2. For any new residential or educational use of an existing residential building or structure such that the new residential or educational use will require a greater number of parking spaces as compared to the previous use, parking spaces in the number specified in Section 15.04.607.040 (Calculation of Parking Requirements) shall be provided for the new use.

D. Alterations that Increase the Number of Dwelling Units. The creation of additional dwelling units through the alteration of an existing building or construction of an additional structure or structures requires the provision of on-site parking to serve the new dwelling units in compliance with the provisions of this Article. This requirement does not apply when sufficient on-site parking exists to provide the number of spaces required for the existing and new dwelling units in compliance with all applicable requirements.

E. Conversion of Existing Parking Facilities for Shared Use. An existing parking facility is not required to be maintained for the exclusive private use of the land use for which it was constructed as accessory parking. A property owner may submit to the Zoning Administrator a parking inventory and occupancy study of off-street parking and on-street parking in the vicinity of the project, conducted by an independent transportation planning and/or engineering consultant, to demonstrate that a certain share of the existing parking spaces on his/her property are infrequently utilized. On the basis of this study, the Zoning Administrator may grant the property owner authorization to dedicate the underutilized portion of his/her off-street parking to other, non-accessory uses, including leasing such spaces to other individuals, or to other property owners or developers of projects within a one-quarter mile walking distance of the facility to provide some or all of their required off-street parking obligations.

F. Construction Timing. On-site parking facilities required by this Article shall be constructed or installed prior to the issuance of a Certificate of Occupancy for the uses that they serve.

G. Damage or Destruction. When a use that has been involuntarily damaged or destroyed is reestablished, off-street parking and loading facilities must also be re-established or continued in operation in an amount equal to the number maintained at the time of such damage or destruction. It is not necessary, however, to restore or maintain parking or loading facilities in excess of those required by this Article.

H. Exceptions.

1. Neighborhood Retail. Commercial uses having a gross floor area of 5,000 square feet or less are exempt from the off-street parking and loading requirements of this Article.

2. Location Exemption. Off-street parking spaces are not required for new construction or changes of use in existing buildings or structures, including the creation or expansion of qualifying uses, that is located within 0.5 miles of a major transit stop, as defined by Section 21155 of the California Public Resources Code, unless otherwise authorized by Government Code Section 65863.2.

3. Alternative Access and Parking Plans. If an alternative access and parking plan is approved pursuant to Section 15.04.607.070, the off-street parking requirements shall be subject to the provisions of that plan.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

15.04.607.030 - General Regulations and Standards.
1222
A. No Reduction in Off-Street Parking and Loading Spaces. Off-street parking and loading spaces established as of the effective date of the ordinance codified in this Article shall not be reduced in number during the life of such building or land use below that which would be required for a new building or use of a similar type under the requirements of this Article. All such off-street parking and loading spaces shall remain permanently available and accessible for the parking or loading of vehicles by occupants of the property, except that any surplus spaces may be rented out to non-occupants, or otherwise made publicly accessible with the provision that such spaces must be vacated on 30 days' notice if they become needed by occupants of the property.

1. Exception for Garage Conversions. In the RL1 and RL2 districts, conversion of a garage for residential use, may eliminate covered parking. This change shall be permitted with an Administrative Use Permit if replacement surface parking, which may include tandem parking, is provided within a front setback area that is at least 18 feet in depth, within a side setback area that is at least 10 feet in width, or in the rear of the lot.

B. Separate Parking and Loading Spaces. No area may be utilized and counted both as a required parking space and a required loading space. However, maneuvering aisles and driveways may serve both required parking spaces and loading spaces if they meet the requirements specified in this Article for both parking and loading facilities.

C. Location of Parking.

1. Off-street parking spaces for nonresidential uses shall be located on the same site or within a distance not to exceed 1,500 feet from the lot line of the property where the use for which the parking spaces are required. The applicant shall be required to show evidence that the off-site parking is reserved for the applicant's use, if such parking is on private property.

2. In Industrial zoning districts, surface parking lots shall be paved and set back from public streets as follows:
a. For lots 20,000 square feet or larger the minimum setbacks required are as follows:

Minor Streets Collector Streets
IB, ILL and IL 15 ft. 25 ft.

IG and IW 5 ft. 25 ft.

Setback may be reduced to 10 ft. in conjunction with a landscaped berm. b. For lots under 20,000 square feet, a minimum 10 feet setback is required from both minor and collector streets.

D. Parking for Disabled Persons. Parking spaces intended for the exclusive use of Disabled Person permitted vehicles and provision of access for disabled persons shall be provided as required by the California Building Code, Division 11, Site Accessibility. Such spaces will be counted towards the parking requirements of this Article.

1. Number. The number of the required off-street parking spaces required for any use by this Article to be reserved and be designed for Disabled Person permit holders shall be provided in accord with State law and the following standards:
1223
Total Number of Required
Parking Spaces
Number of Spaces for Disabled
Person Permit Holders
1—25 1
26—50 2
51—75 3
76—100 4
101—150 5
151—200 6
201—300 7
301—400 8
401—500 9
501—1,000 2% of total
Over 1,000
20 plus 1 for each 100 spaces
provided over 1,000

2. Design, Designation, and Location. All parking spaces for Disabled Person permit holders shall, at a minimum, comply with the requirements of the California Building Code, Division 11, Site Accessibility.

E. Nonconforming Parking Facilities. Existing land uses with off-street parking and loading facilities that do not conform to the requirements of this Article may be enlarged or expanded; provided, that additional parking and loading facilities shall be added so that the enlarged or expanded portion of the building conforms to the requirements of this Article, subject to the applicable provisions for nonconforming uses and structures in Article 15.04.606 (Nonconforming Uses, Structures and Lots).

F. Unbundled Parking. The following rules shall apply to the sale or rental of parking spaces in new Multi-Unit Residential buildings with ten or more units:

1. All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for dwelling units for the life of the dwelling units, such that potential renters or buyers have the option of renting or buying a residential unit at a price lower than would be the case if there were a single price for both the residential unit and the parking space(s). 1224

2. In cases where there are fewer parking spaces than dwelling units, the parking spaces shall be offered first to the potential buyers or renters of three bedroom or more units, second to potential buyers or renters of two bedroom units, and then to potential buyers and renters of other units.

3. Potential buyers and renters of affordable units shall have an equal opportunity to buy or rent a parking space on the same terms and conditions as offered to potential buyers and renters of market-rate units, at a price proportional to the sale or rental price of their units as compared to comparable market-rate units. This stipulation shall be included in any agreement recorded between the City and developer pertaining to the affordable housing units pursuant to Article

15.04.603 (Inclusionary Housing).

4. Parking spaces shall be offered only to residents of the dwelling units served by the off-street parking, except that any surplus spaces may be rented out to non-residents, or otherwise made available for public use, with the provision that such spaces must be vacated on 30 days' notice if they are needed by residents. Required visitor spaces shall not be rented out, but may be made available for public use.

The Zoning Administrator may grant an exception from the requirements of this subsection for affordable units that include financing for affordable housing that requires that costs for parking and housing be bundled together.

G. Garages/Carports/Uncovered Residential Parking. For residential uses, required off-street parking located in the front half of a lot or within 25 feet of the side street on a corner lot shall be covered with carport, garage or roofed structure except as allowed below or for secondary dwelling units, for which one uncovered parking space may be provided in the required front yard if the parking pad and driveways are decoratively paved with aggregate, brick, pavers or similar material.

1. For single-family residences, the interior dimension of a garage for each required parking space (if provided) shall not be less than 10 feet by 20 feet. Such private parking areas shall be located as part of the main building or in accordance with the requirements for accessory buildings.

2. Uncovered off-street parking may be located in the rear half of the lot or in the front half of the lot if provided as replacement parking for a garage conversion, subject to the approval of an administrative use permit.

H. Surface Parking Lots. Surface parking lots shall be subject to the following restrictions and standards.

The area of a surface parking lot shall include all features within the lot's outer edges, including all parking spaces, maneuvering aisles, access driveways, and perimeter and interior landscaping, walkways, and other features.

1. Large Parking Lots. If on-site parking for more than 250 spaces is needed, such parking facilities shall be designed to have exceptional landscaping or design features, shall be located such that it is not highly visible from public rights-of-way, shall be provided within buildings or parking structures or in separate lots that are each less than two acres in size, or shall be otherwise covered by a structure that serves a non-parking function, such as solar panels, recreational facilities, roof deck, or green roof.

2. Other Parking Lots. New or expanded surface parking lots are subject to the requirements of this Article including the design standards of Section 15.04.607.060.

3. Pedestrian Circulation. Parking lots containing 50 or more spaces shall have walkways separated from motor vehicle maneuvering aisles and driveways connecting the principal building or buildings served by the lot to the farthest point of the lot from the main pedestrian entrance of such building or buildings.
a. Materials and Width. Walkways shall provide at least four feet of unobstructed width and be hard-surfaced.
b. Identification. Pedestrian walkways shall be clearly differentiated from driveways, parking aisles, and parking and loading spaces through the use of elevation changes, curb separation, different paving material, or similar method. 1225
c. Separation. Where a pedestrian walkway is parallel and adjacent to an auto travel lane, it must be raised and separated from the travel lane by a raised curb at least six inches high, bollards, or other physical barrier.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

15.04.607.040 - Calculation of Parking Requirements.

The minimum number of parking spaces required and the maximum number of parking spaces allowed shall be based on the estimated peak period parking demand by use type as listed in Table

15.04.607.040. The following rules apply when calculating the estimated peak period parking demand:

A. Multiple Uses. When two or more principal uses are located on the same lot, the estimated peak period parking demand shall be the sum of the estimated demand of the various individual uses during the period of peak combined demand for all uses, as determined through a parking study prepared by an independent transportation planning or engineering firm and based on the latest edition of the Urban Land Institute's Shared Parking methodology, a comparable shared parking model, and/or local data sources.

B. Area-Based Estimates. All area-based estimated peak period parking demands shall be computed on the basis of gross floor area, excluding parking and loading areas.

C. Exclusion of First 2,000 Square Feet. For all nonresidential uses in Mixed Use Zones with areabased estimated peak period parking demands, the first 2,000 square feet shall be subtracted from the gross square footage of the use when calculating the estimated parking demand. When there are multiple principal uses on the same lot with separate estimated parking demands, pursuant to subsection (A) of this Section, the first 2,000 square feet shall be subtracted from each such use, meaning that any use in a Mixed Use Zone that occupies 2,000 square feet or less is not required to provide off-street parking.

D. Parking Credit for Reuse of Historically Significant Structures. Projects that convert a historically significant structure designated by the City Council that has a legal nonconforming parking deficiency to a different use shall receive a credit equal to the number of required automobile parking spaces unmet by the previous use.

E. Motorcycle Parking. There shall be a credit of one automobile parking space for every four motorcycle parking spaces provided, not to exceed five percent of the total number of automobile parking spaces required. Motorcycle parking spaces shall be no less than four feet wide by eight feet long with an aisle width of no less than 10 feet and shall be clearly marked.

F. If Estimated Parking Demand is "TBD—To Be Determined."

1. If Table 15.04.607.040 indicates that the estimated parking demand is to be determined ("TBD"), the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses. Where no Planning Commission approval is required, the Zoning Administrator shall determine the estimated parking demand; the Zoning Administrator's determination may be appealed to the Planning Commission in accordance with the appeal procedures in Article 15.04.803 (Common Procedures). Where Planning Commission approval is required, the Commission shall determine the estimated parking demand based on a recommendation from the Zoning Administrator.

2. If the proposed use is not listed in Table 15.04.607.040, the estimated parking demand may be determined pursuant to paragraph (F)(1) of this Section.

G. Minimum Parking Requirements. Except as otherwise provided in this Section and Section

15.04.607.020(H)(2), no less than the minimum number of parking spaces, as required by this subsection, shall be provided for each use or site. The minimum number of parking spaces required shall be 33 percent less than the estimated parking demand as indicated in Table

15.04.607.040.
1226
H. Maximum Private Parking Requirements. Except as otherwise provided in this Section, no more than the maximum number of private, off-street parking spaces, as specified in this subsection, shall be provided for each use or site. The maximum number of private parking spaces allowed shall equal to the estimated peak period parking demand as indicated in Table

15.04.607.040.

1. Excess Parking to be Shared. Off-street parking spaces may be provided in excess of the maximum number of spaces specified in this subsection (equal to the estimated peak period parking demand as indicated in Table 15.04.607.040) or pursuant to paragraph

15.04.607.040I.2., provided that all such excess spaces are designed and operated to be shared and publicly accessible parking spaces available for public use at any time, except for uses with safety concerns, including but not limited to schools and daycare centers, which the Planning Commission confirms are valid and justify not sharing the spaces. Property owners may charge an hourly, daily, or monthly fee for use of any such public access parking provided in excess of the maximum off-street parking limits of this subsection.

I. Parking Spaces Below the Minimum or Above the Maximum. Parking spaces less than the required minimum or more than the allowed maximum may be provided upon the granting of a conditional use permit as set forth below.

1. Parking Spaces Less Than the Minimum. To grant a conditional use permit to provide less than the minimum number of parking spaces required by subsection (G) of this Section, including elimination of all parking spaces, the following findings must be made in addition to the findings otherwise required by Article 15.04.806:
a. That adequate measures will be put in place to reduce parking demand, such as promoting use of public transit, bicycling, and walking, and allowing modified working hours and telecommuting; and
b. That the reduction or elimination of the required parking spaces will not substantially reduce the availability of on-street parking for the occupants of nearby commercial and, or residential buildings.

2. Parking Spaces More Than the Maximum. To grant a conditional use permit to provide more than the maximum number of private parking spaces allowed by subsection (G) of this Section, the following findings must be made in addition to the findings required by Article

15.04.806:
a. That the applicant has convincingly demonstrated that the additional parking is required to meet the anticipated parking demand of the proposed uses; and b. That the provision of the additional parking will not result in an overdependence on automobiles and will not adversely affect transit, bicycle, or pedestrian access to the site or other adjacent uses.

TABLE 15.04.607.040: ESTIMATED PARKING DEMAND BY USE TYPE Use Type
Number of
Spaces
Per
Residential Use Types
Single Unit 2 dwelling unit
Duplexes or 2 or more attached units 1.5 dwelling unit
1227
Junior accessory dwelling unit none
Accessory dwelling unit 1
dwelling unit or bedroom, whichever is less, unless no
parking may be required as specified in §

15.04.610.020.

Multi-Unit Dwelling except senior 2 and long term care 3 One bedroom 1 dwelling unit
Two bedroom 1.5 dwelling unit
Three or more bedrooms 2 dwelling unit
Efficiency Unit 0.5 dwelling unit
Guest parking for developments with
five or more dwelling units

0.2 dwelling unit
Senior 2 housing
Resident parking 0.5 dwelling unit plus 1 per employee
Guest parking for developments with
five or more dwelling units

0.2 dwelling unit
Domestic Violence Shelter 0.25 bed
Elderly and Long Term Care TBD 1
Group Residential
Small (6 or fewer persons) none
Large 0.25 bed
Mobile Home Park 1 mobile home
Planned Residential Group TBD 1
Residential Facility
1228
Limited none
General, Senior 0.25 bed
Supportive Housing 0.25 bed
Transitional Housing 0.25 bed
Commercial and Institutional Use Types
Adult Businesses
Retail 3 1,000 gross square feet
Performance 5 1,000 gross square feet
Animal Sales and Services
Clinic/Hospital TBD 1
Grooming TBD 1
Retail Sales (Pet Stores); Veterinary
Services
3 1,000 gross square feet
Auto/Vehicle Sales and Services
Rentals 1 rental vehicle to be stored on-site
Sales and Leasing 1 1,000 gross square feet
Repair and Service 1 service bay
Service station 1.2 fueling station
Banks and Financial Institutions 3 1,000 gross square feet Business Services 3 1,000 gross square feet
Commercial Entertainment and Recreation
Cinema 0.25 seat
1229
Large-scale and Small-scale TBD 1
Theatre 0.33 seat
Eating and Drinking Establishments
Bars/Nightclubs/Lounges 8 1,000 gross square feet
Restaurants, Full Service 5 1,000 gross square feet
Drive-in, fast food, take-out 7
Mobile Food Vendors TBD 1
Finance, Insurance and Real Estate
Services

2.5 1,000 gross square feet
Food and Beverage Sales 3 1,000 gross square feet
Funeral Homes, Mortuaries and Mausoleums
With fixed seats 0.2 seat 4
Without fixed seats 10 1,000 gross square feet of indoor assembly area Instructional Services 0.2 student
Live-Work 1.0 dwelling unit
Maintenance and Repair 2 1,000 gross square feet
Media Production 2.5 1,000 gross square feet
Offices, Business and Professional
Medical and Dental 2.25 1,000 gross square feet
General 2.0 1,000 gross square feet
Walk-in Clientele 2.25 1,000 gross square feet
Personal Services
1230
General Personal Services; Massage;
Tattoo

2.0 1,000 gross square feet
Health/Fitness Facility 5 1,000 gross square feet
Printing and Publishing 1 1,000 gross square feet
Repair Services 3 1,000 gross square feet
Retail less than 60,000 square feet 3 1,000 gross square feet Retail 60,000 square feet or more 4 1,000 gross square feet Transitional Lodging 0.5
Bed and Breakfast TBD 1
Hotel and Motel 0.5 room
Institutional and Community Facilities
Colleges and Trade Schools 0.2
population on site at any one time, including students, teachers, and staff
Community Assembly
Small none 2,000 square feet or less in floor area
Large
-With fixed seats 0.2
-Without fixed seats 10 1,000 gross square feet of indoor assembly area -Youth or Senior Centers 0.2 youth or senior
Community Garden TBD 1
Cultural Facility 1 1,000 gross square feet
Day Care Centers 3 1,000 gross square feet
1231
Emergency Shelters TBD 1
Hospitals and Clinics 3 1,000 gross square feet
Clinic 5 1,000 gross square feet
Hospital 3 bed
Schools
Nursery School; Elementary School 0.17 student
Middle School; Jr. High; High School 0.09 student
Social Service Center 3 1,000 gross square feet
Industrial Use Types
Artisans/Small-scale Manufacturing 0.75 1,000 gross square feet Artist's Studio 1 1,000 gross square feet
Commercial Kitchens 1 1,000 gross square feet
Limited Industrial 1 1,000 gross square feet
Industrial
Limited, Light 0.75 1,000 gross square feet
General 1 1,000 gross square feet
Water-related 0.5 1,000 gross square feet
Recycling Facilities - All TBD 1
Research and Development 1.5 1,000 gross square feet
Salvage and Wrecking TBD 1
Storage and Distribution
1232
Indoor 0.5 1,000 gross square feet
Outdoor TBD 1
Warehousing, Wholesaling, Storage and
Distribution

0.5 1,000 gross square feet
Mini-Storage 0.15 1,000 gross square feet
Agricultural Use Types
Indoor and Outdoor Agriculture TBD 1
Communication, Transportation, and Utilities Use Types
Communications Facilities
Transmission Towers none
Equipment within Buildings 0.5
maximum number of employees on site at any one
time
Transportation and Delivery Services
Freight/Truck Terminal and Warehouse 0.5
maximum number of employees on site at any one
time
Light Fleet-Based Services 1
maximum number of fleet vehicles on site at any one
time
plus 0.5
maximum number of employees on site at any one
time
Utility Services TBD 1
Notes:
1 TBD = To be determined by the Zoning Administrator or Planning Commission. 2 Senior housing means housing that is restricted to older adults in which at least one resident of each unit must be a "senior citizen" as defined in the Civil Code Section 51.3.
(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 6, 11-10-2020) 1233

15.04.607.050 - Shared Parking.

Shared parking represents an arrangement in which drivers seeking access to two or more nonresidential uses on the same lot with different peak parking demand periods use the same off-street parking spaces. Where shared parking is proposed, or planned for, off-street parking requirements must be adjusted.

A. Calculation of Parking Requirement for Shared Parking. Within a shared parking environment, peak period parking demand shall be calculated by estimating the parking demand for all uses at the combined peak period of demand for the site. The estimated parking demand for each use shall be calculated for each hour of a 24-hour period, based on the percent of peak demand for each hour. The hourly demand for all uses shall be totaled for each hour, and the greatest resulting hourly demand shall be the required number of parking spaces. This required number may be reduced or increased. The hourly demand for each use shall be based on the most recent edition of Parking Generation published by the Institute of Transportation Engineers, Shared Parking, published by the Urban Land Institute, or other equivalent information. See Table

15.04.607.060 for an example.

15.04.607.060 - Design Standards for Parking Lots and Structures.

The parking area design standards of this Section apply to all off-street parking areas. All required parking spaces and associated maneuvering aisles, driveways, and other related features shall be designed and arranged so as to provide motor vehicles with adequate ingress to and egress from all required parking spaces, and to provide pedestrians with adequate access to parked vehicles.

A. Parking Layout and Dimensions. The layout and dimensions of off-street parking facilities shall be as set forth in Figure 15.04.607.060 and Table 15.04.607.060, as further provided below.

1. Regulatory and Calculated Dimensions. Stall width, stall length, and aisle width, as shown in Table 15.04.607.060, are regulatory. Other dimensions shown in Table 15.04.607.060 are calculated from these required dimensions, and are provided for convenience.

2. Stall Width and Length. As indicated in Table 15.04.607.060, the required minimum stall width and length for various parking angles are as set forth below. Compact spaces with an eight-foot width and 16-foot length are permitted for up to 25 percent of the required spaces. a. Width. For parking angles of more than 30 degrees the required minimum stall width is eight feet six inches. For parking angles of 30 degrees or less, the required minimum stall width is eight feet.
b. Length. For all parking angles other than parallel parking, the required minimum stall length is 18 feet. For parallel parking, the required minimum stall length is 20 feet.

TABLE 15.04.607.050: EXAMPLE OF SHARED PARKING CALCULATION Use Office Retail Hotel
TOTAL without
shared parking
Size
100,000 gross
square feet
20,000 gross
square feet
150 rooms
Estimated
Parking Demand
240 spaces 60 spaces 75 spaces 375
1234
Hour Beginning
Percent of
Peak Period
Parking
Demand
Percent of
Peak Period
Parking
Demand
Percent of
Peak Period
Parking
Demand
TOTAL with
shared parking
12:00—4:00 a.m. — — — — — — —
5:00 a.m. — — — — — — —
6:00 a.m. — — — — 100% 75 75
7:00 a.m. 19% 46 5% 3 96% 72 121
8:00 a.m. 64% 154 18% 11 90% 68 233
9:00 a.m. 91% 218 38% 23 87% 65 306
10:00 a.m. 99% 238 68% 41 82% 62 341
11:00 a.m. 99% 238 91% 55 77% 58 351
12:00 p.m. 98% 235 100% 60 77% 58 353
1:00 p.m. 96% 230 97% 58 75% 56 344
2:00 p.m. 100% 240 95% 57 73% 55 352
3:00 p.m. 96% 230 88% 53 70% 53 336
4:00 p.m. 90% 216 78% 47 71% 53 316
5:00 p.m. 58% 139 62% 37 70% 53 229
6:00 p.m. — — 64% 38 74% 56 94
7:00 p.m. — — 77% 46 75% 56 102
8:00 p.m. — — 70% 42 79% 59 101
9:00 p.m. — — 42% 25 85% 64 89
10:00 p.m. — — — — 87% 65 65
11:00 p.m. — — — — 97% 73 73
1235

3. Aisle Width for Parking Angles Not Shown. For parking angles not shown in Table

15.04.607.060, the required aisle width shall be interpolated from the values in the table. For example, for a parking angle of 70 degrees, which is two-thirds of the increment between 60 degrees and 75 degrees, the required one-way aisle width is 18 feet eight inches, which is two-thirds of the increment between the required aisle widths for 60 degree parking and 75 degree parking, 16 feet and 20 feet respectively.

4. Alternate Maneuvering Aisle and Parking Space Widths. For parking angles equal to or greater than 45 degrees and less than 90 degrees, one-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches. For 90 degree parking, one-way and two-way aisle width may be decreased by three inches for each one-inch increase in stall width, up to a maximum stall width of nine feet two inches and a minimum aisle width of twenty-two feet.

5. Two-Way Modules. Table 15.04.607.060 provides the dimensions for parking modules with one-way traffic. For parking modules with two-way traffic, add the difference in width between a two-way aisle and a one-way aisle. For example, for a two-way module with a parking angle of 45-degrees, add eight feet, which is the difference between a two-way aisle (20 feet) and a one-way aisle (12 feet).

6. Overhang. Parking stall lengths, except for parallel spaces, may be reduced by two feet where the parking stall is designed to abut a landscaped area a minimum of five feet wide, such that the front of the vehicle can overhang the landscaped area.

7. Spaces Abutting Walls or Posts. For each side of a parking space abutting a wall or post, an additional foot of width shall be required.

Figure 15.04.607.060: Parking Layout
1236
TABLE 15.04.607.060: PARKING DIMENSIONS
1237
Parking
Angle
Regulatory Calculated for Reference
Stall
Width
Stall
Length
Aisle Width
Stall Width Parallel to
Aisle
Stall Depth Module (one-way)
OneWayTwoWayInterlockingAt
Wall
NonInterlocking
Interlocking
Half
Interlocking1
Parallel 8'-0" 20'-0" 12'-0" 20'-0" - - - - - - 28'-0" - - - - 30° 8'-0" 18'-0" 12'-0" 20'-0" 16'-0" 12'-6"
15'-
11"
43'-10"
36'-
11"
40'-5"
45° 8'-6" 18'-0" 12'-0" 20'-0" 12'-0" 15'-9" 18'-9" 49'-6" 43'-6" 46'-6" 60° 8'-6" 18'-0" 16'-0" 20'-0" 9'-10" 17'-9"
19'-
10"
55'-8" 51'-5" 53'-7"
75° 8'-6" 18'-0" 20'-0" 20'-0" 8'-10" 18'-6" 19'-7" 59'-2" 57'-0" 58'-1" 90° 8'-6" 18'-0" 24'-0" 24'-0" 8'-6" 18'-0" 18'-0" 60'-0" - - - - Notes:
1 One side is interlocking and the other side is non-interlocking, similar to the parking layout illustrated in Figure 15.04.607.060.

B. Recreation Vehicle Parking Standards. The off-street parking of operable recreational vehicles, boats and trailers in residential districts shall be allowed as follows:

1. No recreational vehicle, boat or trailer that exceeds 2.5 tons in dry weight, 36 feet in length or 14 feet in height, not including rooftop equipment, shall be parked, stored or loaded in a Residential zoning district.

2. Permitted recreational vehicles may be parked, stored or loaded on an approved parking space, in any location in which passenger vehicles may be parked, stored or loaded, as long as it does not block the sidewalk and/or driveway. Further, recreational vehicles may be parked, stored or loaded in other location as indicated below, provided that no other location on the site ordinarily available for vehicle parking can accommodate the recreational vehicle because access to those locations is blocked by a permanent building element such as a structural wall, an eave or a roof. These locations are:
a. In areas blocking access to required parking spaces, provided that the spaces being blocked are for a single-family dwelling only and the owner of the recreational vehicle resides in that dwelling; and
b. In the side yard setback area, provided that:
i. The recreational vehicle is located as far as physically feasible from the side lot line, consistent with requirements for light and ventilation into adjoining rooms. ii. The recreational vehicle is located as far to the rear of the lot as is physically consistent with maintaining access to the garage.
1238
C. Location of Parking Areas. Excerpt as provided for off-site parking, required parking spaces must be located on the same lot as the use to be served by the parking. Additionally, parking areas shall be located in accordance with the following standards:

1. No vehicle shall be required to cross a loading space or another parking space in order to gain access to a required parking space, except for any tandem parking permitted.

2. No off-street parking shall be located in required front or street side yards.

3. No off-street parking spaces shall be located between the front lot line and the front wall of a building or its projection across the lot, except upon the granting of an administrative use permit. To grant such a use permit, the Zoning Administrator must make the following findings in addition to the findings otherwise required:
a. That there is no other feasible way to provide the required parking or the use has unique access or operational needs and the parking is deemed compatible with the streetscape and adjacent uses;
b. That all applicable provisions of the design standards have been met; c. That the applicable landscaping and screening requirements have been met; and d. Thou on-street parking availability is limited, such that accommodation of all auto access and vehicle parking demand on-street is impractical.

D. Driveways and Access.

1. Driveway Width.
a. Parking facilities containing fewer than 15 required parking spaces shall have only a single driveway of no less than nine feet and no more than 10 feet in width. b. Parking facilities containing 15 or more required parking spaces may have one lane driveways of no less than nine feet and no more than 10 feet in width, and two-lane driveways of no less than 18 feet and no more than 20 feet in width.

2. Vehicle Flow.
a. Except for those serving four or fewer residential units, all parking areas shall be designed so that a motor vehicle leaving the parking area will enter the public right-ofway traveling in a forward direction. b. Parking areas shall be designed so that a vehicle will not have to enter a public rightof-way to move from one location to another within the parking area.

E. Surface. All outdoor parking spaces, driveways, and maneuvering areas shall be designed, built and permanently maintained to avoid dust, mud and standing water and to maximize permeability, where feasible and appropriate. These surfaces may include traditional asphalt and concrete as well as pervious pavements, sand-set pavers, and supported turf systems,. A combination of surfaces may be used; for example, two track driveways of concrete strips with pervious areas between the strips and on the edges.

1. Cross-grades. Cross-grades shall be designed for slower stormwater flow and to direct stormwater toward landscaping, bio-retention areas, or other water collection/treatment areas.

2. Landscaping Alternative. Up to two feet of the front of a parking space as measured from a line parallel to the direction of the bumper of a vehicle using the space may be landscaped with ground cover plants instead of paving.

3. Permeable Paving. Permeable paving, sand-set pavers, supported turf systems, and vegetation shall be used in all overflow parking areas and installed in accordance with manufacturer recommended specifications.
1239

4. Turf Grids/Grassy Pavers. Turf grids/grassy pavers shall be installed in areas of low traffic or infrequent use wherever feasible.

F. Striping and Marking. In all parking facilities with four or more spaces, each parking space shall be clearly striped with paint or similar distinguishable material, except that the Zoning Administrator may approve alternate means of marking spaces.

G. Perimeter Curbing. A six-inch wide and six-inch high concrete curb shall be provided along the outer edge of the parking facility pavement, except where said pavement abuts a fence or wall.

Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

H. Separation from On-Site Buildings. Parking areas must be separated from the front and side exterior walls of on-site buildings by walkways a minimum of four feet in width. Commercial buildings with 25,000 square feet or more of gross floor area must be separated from on-site parking on all sides by a walkway a minimum of five feet in width, as well as a planter area at least three feet in width. These requirements do not apply to parking areas containing five or fewer spaces.

I. Heat Island Reduction. A heat island is the increase in ambient temperature that occurs over large paved areas compared to natural landscape. In order to reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded, of light colored materials with a Solar Reflectance Index of at least 29, or a combination of shading and light colored materials.

1. Shade may be provided by canopies, shade structures, trees, or other equivalent mechanism. If shade is provided by trees, the amount of required shading is to be reached within 15 years. To the extent maximizing the shading effect causes the trees to be placed in different locations than would be required by paragraph 15.04.607.060(N)(4), the placement required by this Section controls.

2. Trees shall be selected from a list maintained by the Parks Division.

J. Vertical Clearance. All covered parking shall have a minimum vertical clearance of seven feet six inches except for spaces in parking lifts; the minimum vertical clearance for disabled parking shall be as required by the Building Code.

K. Slope. The maximum slope of parking facilities shall be as set forth below unless the Zoning Administrator approves a greater slope based upon the advice of a California-registered civil engineer or other qualified professional.

1. Parking Spaces. All parking spaces and abutting access aisles shall have a maximum slope of five percent measured in any direction.

2. Driveways and Ramps. The maximum slope of any driveway or ramp shall be 20 percent. If the slope of such driveway or ramp exceeds 10 percent, transitions shall be provided at each end not less than eight feet in length and having a slope equal to one-half the driveway or ramp slope.

L. Tandem Parking. Required parking may be arranged as tandem spaces; provided, that pairs of spaces in tandem are assigned to the same residential unit or to employees of the same nonresidential establishment, or that a full-time parking attendant supervises the parking arrangements during periods of peak demand for the uses served. The required stall width, stall length, and aisle width shall apply to tandem spaces, except that the stall length shall be doubled for each pair of tandem spaces.

M. Parking Lifts. Required parking may be provided in parking lifts; provided, that if it is necessary to remove one vehicle from the lift to access another vehicle, the parking shall be subject to the provisions applicable to tandem parking. Parking lifts allowing each vehicle to be independently accessed have no such restrictions. The dimensional standards for 90-degree parking shall apply to parking lifts, including the requirement for an aisle of 24 feet. Exterior parking lifts shall be screened from public view.
1240
N. Landscaping and Screening. Landscaping of parking areas shall be provided and maintained according to the general standards of Article 15.04.613 (Water-Efficient Landscaping), as well as the standards of this subsection for all uses except Single-Unit Dwellings and Duplexes.

1. Landscape Area Required. A minimum of 10 percent of the interior of any parking lot area shall be landscaped.

2. Minimum Planter Dimension. No landscape planter that is to be counted toward the required landscape area shall be smaller than 25 square feet in area, or four feet in any horizontal dimension, excluding curbing.

3. Layout. Landscaped areas shall be well-distributed throughout the parking lot area. Parking lot landscaping may be provided in any combination of:
a. Landscaped planting strips at least four feet wide between rows of parking stalls; b. Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;
c. Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and
d. On-site landscaping at the parking lot perimeter.

4. Required Landscaped Islands. A landscaped island at least six feet in all interior dimensions and containing at least one 15-gallon-size tree shall be provided at each end of each interior row of parking stalls and between every six consecutive parking stalls.

5. Landscaped Buffer for Open Parking Adjacent to Right-of-Way. A landscaped area at least five feet wide shall be provided between any surface parking area and any property line adjacent to a public street, unless a different dimension is specified in the base district standards applicable to a site.

6. Landscaped Buffer for Open Parking Abutting Interior Lot Line. A landscaped area at least three feet wide shall be provided between any surface parking area and any adjacent lot for the length of the parking area.

7. Landscaped Buffer for Parking Garages. A parking garage that does not incorporate groundfloor nonresidential or residential use or is not otherwise screened or concealed at street frontages on the ground level, must provide a landscaped area at least 10 feet wide between the parking garage and public street.

8. Parking Garage Rooftop Planting. Uncovered parking on the top level of a parking structure shall have rooftop planters with a minimum dimension of 24 inches around the entire perimeter of the top floor.

9. Trees.
a. Number Required. One for each five parking spaces.
b. Distribution. Trees shall be distributed relatively evenly throughout the parking area. c. Species. Tree species shall be selected from a list maintained by the Parks Division. d. Size. All trees shall be a minimum 15-gallon size with a one-inch diameter at 48 inches above natural grade.
e. Minimum Planter Size. Any planting area for a tree must have a minimum interior horizontal dimension of five feet. Additional space may be required for some tree species.

Figure 15.04.607.060-N(9): Parking Lot Landscaping
1241

10. Protection of Vegetation.
a. Clearance from Vehicles. All required landscaped areas shall be designed so that plant materials, at maturity, are protected from vehicle damage by providing a minimum twofoot clearance of low-growing plants where a vehicle overhang is permitted, or by wheel stops set a minimum of two feet from the back of the curb. b. Planters. All required parking lot landscaping shall be within planters bounded by a concrete curb at least six inches wide and six inches high. Curbs separating landscaped areas from parking areas shall be designed to allow stormwater runoff to pass through.

Figure 15.04.607.060-N(10): Protection of Vegetation

11. Visibility and Clearance. Landscaping in planters at the end of parking aisles shall not obstruct driver's vision of vehicular and pedestrian cross-traffic. Mature trees shall have a foliage clearance maintained at eight feet from the surface of the parking area. Other plant materials located in the interior of a parking lot shall not exceed 30 inches in height.

O. Screening. Parking areas shall be screened from view from public streets and adjacent lots in a more restrictive district, according to the following standards.

1. Height. Screening of parking lots from adjacent public streets shall be three feet in height.

Screening of parking lots along interior lot lines that abut residential districts shall be six feet in height, except within the required front setback of the applicable zoning district, where screening shall be three feet in height.

2. Materials. Screening may consist of one or any combination of the methods listed below. a. Walls. Low-profile walls consisting of brick, stone, stucco, or other quality durable material approved by the Zoning Administrator, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the Zoning Administrator.
b. Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.
c. Planting. Plant materials consisting of compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two feet within 18 months after initial installation.
d. Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

P. Lighting. Except for those facilities serving four or fewer residential units, all open parking areas shall be provided with exterior lighting meeting the following minimums:
1242

1. The lighting system shall provide not less than one footcandle and not more than five footcandles overall average illumination with a minimum of one-fourth footcandles on the parking surface.

2. All lighting shall be on a time clock or photo-sensor system so as to be turned off during daylight hours and during any hours when the parking area is not in use. This requirement does not apply to security lighting.

3. All parking area lighting shall meet applicable energy efficiency requirements of the Building Code.

4. All lighting shall be designed to confine direct rays to the premises. No light fixture shall emit any direct light above a horizontal plane through the fixture. No spillover beyond the lot line shall be permitted, except onto public thoroughfares.

Q. Electric Vehicle Charging Stations. Electric vehicle (EV) parking shall be provided for residential and commercial projects as shown in Table 15.04.607.060. Such spaces may be counted towards the parking requirements of this Article:

1. Size. Electric vehicle charging stations shall be the same size as other spaces, and electric vehicle charging equipment shall not reduce the size of the space.

2. Signage. Each electrical vehicle charging station shall be clearly marked with a sign reading "Electrical Vehicle Charging Station" and the associated California Vehicle Code restrictions, and only a vehicle that is connected for electric charging shall be allowed to park in the stalls or spaces so designated.

3. Location. EV spaces shall be easily accessible, and charging equipment, cables and connectors shall not interfere with minimum pedestrian clearance widths nor extend across paths of travel on walkways or sidewalks.

4. Protection. Protective guard posts shall be installed if required by the California Fire Code Part 9, Title 24.

5. Controls and Equipment. Electrical vehicle charging stations shall be equipped with electrical outlets, and may also be equipped with card readers, controls, connector devices and other equipment, as necessary for public use. Such controls and equipment shall be no lower than 36 inches or higher than 48 inches above the parking space. Retracting devices or a place to hang permanent cords and connectors shall be provided.

6. Contact Information. A phone number or other contact information shall be provided to enable reporting of malfunctioning equipment or other problems or to seek information on charging procedures and towing of unauthorized vehicles.

R. Parking in Underground Garages in Residential Zoning Districts. Parking may be located in underground garages and such garages shall not be deemed as obstructions in the required yards in which they are located provided that these garages meet the following requirements:

1. Driveway and Curb Cut Limitation. No single curb cut may be more than 20 feet wide and there shall be a minimum of 20 feet between curb cuts on the same lot.

2. Substantial Roofs. Substantial roofs suitable for pedestrian use are provided.

3. Excavations. The structural extensions into required yards shall be as follows:
a. Front yard: not more than five feet;
b. Side yard: interior, up to full width; street side, not allowed; and c. Rear yard and/or useable open space: up to a full depth of the yard, but not less than six feet.

4. Height. The height of such structures above the natural grade in the areas noted below shall not exceed the following dimensions:
1243
a. Front and interior side yard: three feet; and
b. Rear yard: five feet.

5. Structural Limitations. No structure, other than a fence no more than six feet in height, shall be erected or maintained on the roof of an underground garage located in a required interior yard or required useable open space. The garage shall be paved and include bumper guards, drainage facilities, and similar design features.

TABLE 15.04.607.060: ELECTRIC VEHICLE PARKING REQUIREMENTS BY PROJECT TYPE Project Type EV Parking Required
Single Family New
Construction
Comply with CALGreen Measure A4.106.8.1 1
Single Family
Additions and
Alterations
If the project is modifying the main electrical service panel, comply with CALGreen Measure A4.106.8.1 1
Multifamily New
Construction
For projects with 2-10 required parking spaces, build 2 parking spaces to be EV Ready and build the remaining spaces to be EV Capable.

For greater than 10 required spaces, either 2 spaces or 10% of the spaces shall be EV Ready, whichever is greater, and the balance of spaces shall be EV Capable.

Multifamily
Additions and
Alterations
If the alteration or addition adds floor area and is subject to discretionary review (e.g., minor or major design review under Article 15.04.805), at least 20% of the parking spaces shall be made EV Capable.

If more than 25% of the parking lot surface is reconstructed as part of the proposed alteration or additions, all of the parking spaces shall be made EV Capable.

Where existing electrical service will not be upgraded as part of the alteration or addition, EV charging capacity, meaning 208.240 volt, 40-amp charging capability, shall be provided to the maximum extent that does not require an upgrade to existing electrical service.

Commercial New
Construction
For 2-10 required spaces, 2 shall be EV Ready and remaining spaces shall be EV Capable.

For greater than 10 required spaces, either 2 spaces or 10% of the spaces shall be EV Ready, whichever is greater, and the balance of spaces shall be EV Capable.

Commercial
Additions and
Alterations
If the main electrical service panel is modified, EV charging capacity shall be provided for 20% of the spaces.

If more than 25% of the parking lot surface is modified, conduit for EV Ready or EV Capable spaces must be provided to all parking spaces.
1244
Where existing electrical service will not be upgraded, EV charging capacity shall be provided to the maximum extent that does not require an upgrade to existing electrical service.

1. See California Green Building Standards Code in the California Code of Regulations, Title 24, Part 11. (Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

15.04.607.070 - Alternative Compliance with Parking Requirements.

A. Alternative Parking and Loading Plan. Where an applicant can demonstrate to the satisfaction of the Planning Commission that variations in the standards or dimensions otherwise required by this Article are warranted for uses with unique needs, such as schools or in order to achieve environmental design and green building objectives, including but not limited to achieving certification under the LEED™ Green Building Rating System or equivalent, an alternative parking area design and loading plan may be allowed with approval of a conditional use permit. To grant such a conditional use permit, the Planning Commission must make the following findings in addition to the findings otherwise required:

1. That the applicant has convincingly demonstrated that the alternative plan is a superior solution and the requested modifications in the design standards of Section 15.04.607.060 are warranted; and

2. That the alternative parking arrangement will be in place at all times during operation of the principal uses to be served by the parking.

B. On-Street Parking. Consistently available on-street parking may be counted towards all or a portion of the parking spaces required of each land use and activity proposed in a development application on a one to one basis. To qualify for on-street parking credits, the project applicant must fund completion of an on-street parking inventory and occupancy study, or refer to such a study completed by another project applicant within the preceding two years that provides evidence of the number of on-street parking spaces that are vacant or unoccupied during the hour of combined peak demand for the uses proposed on site, on each block face within two blocks of the project site address. For any one project, a maximum of 50 percent of the total on-street parking supply on the block faces located within a one block walk of the project site, including curbside parking on the project frontage(s), may be counted towards satisfaction of the project's minimum parking requirement.

C. Off-Site Parking. Required off-street parking spaces may be located on a remote and separate lot from the lot on which the principal use is located, subject to the following standards:

1. Zoning District. Newly constructed off-site parking may not be located in a zoning district in which the principal use served by the parking is prohibited. Off-site parking may be provided within an existing off-street parking facility in any zoning district, provided that a parking study is conducted and approved by the Zoning Administrator establishing the number of parking spaces in the existing facility that are typically unoccupied even during periods of peak parking demand for the uses to which the parking is accessory.

2. Distance. Unless a shuttle service is provided, the off-site parking shall be located within 1,500 feet walking distance of the principal use served.

D. Valet Parking. Valet parking may be permitted as a means of satisfying all or a portion of the off-street parking requirement. Valet parking may be used to accommodate more parking spaces on the site of 1245
the principal use served by the parking than could be accommodated in conformance with the design standards of Section 15.04.607.060. It may also be used to provide off-site parking. No valet parking shall cause interference with the public use of rights-of-way or imperil public safety.

E. Access and Parking In-Lieu Fees. As an alternative to providing off-street parking on-site, or off-site as allowed by subsection (C) above, project applicants may elect to pay a fee in-lieu to fund public access and parking improvements. This optional Access and Parking In-Lieu Fee is intended to enable the City to (1) acquire sites for and develop off-street public parking, or to lease unused, or underutilized private parking for public use to accommodate auto access and vehicle storage demand that cannot be addressed either on site, or on-street in the vicinity of the project, or (2) to fund transportation demand management programs and services, and/or public transportation, bicycle, and/or pedestrian facilities and services, as necessary to accommodate an equivalent number of person trips to the site. The fee shall be established by the City Council and administered by the Director on a per vehicle trip basis, such that the developer of a nonresidential project contributes toward the provision of parking and/or non-auto facilities and services accommodating the same number of person trips to the site as would have been accommodated by the provision of the minimum number of off-street parking spaces required by Table 15.04.607.040, as adjusted by other provisions of this Article. The Zoning Administrator shall determine the vehicle trip generation rate for each land use or site seeking to use the Access and Parking In-Lieu Fee option with reference to the vehicle trip generation rates published in the latest edition of the Institute for Transportation Engineers' (ITE) Trip Generation Manual, with adjustments for mixing of uses, density of population and employment, and proximity to frequent transit service. An Access and Parking in-lieu fee shall be provided for nonresidential uses only as follows:

1. Parking In-Lieu Fee Amount. The amount of the parking in-lieu fee shall be as set forth in the Master Fee Schedule.

2. Deposit of Funds. Parking in-lieu fees shall be deposited with the City prior to issuance of a building permit in a separate fund to be known as the Access and Parking In-Lieu Fee Fund and shall be used only as described in this Section.

3. Refund of Fee. A parking in-lieu fee may be refunded, without interest, to the person who made such payment, or his or her assignee or designee, if additional off-street parking spaces are provided for such building or use by others than the City, so as to satisfy the parking requirement for which the in-lieu payment was made. To obtain a refund, the required off-street parking spaces must be in place prior to issuance of a Certificate of Occupancy and before funds are spent or committed by the City.

15.04.607.080 - Bicycle Parking.

A. General Requirements. Short-term publicly accessible bicycle parking for visitors, and long-term secured bicycle parking for building occupants, shall be required when:

1. A building is constructed;

2. An existing building, including a legal nonconforming structure, is enlarged by more than 10 percent for any purpose; or

3. The use of any building or portion thereof is changed to one requiring the issuance of a conditional use permit and then only to that portion of the building subject to the change of use.

B. Exemptions. No bicycle parking is required for Single Unit or Two Unit (duplex) dwellings.

C. Space Required. The minimum number of bicycle parking spaces required and related facilities that must be provided form specific land uses are listed in Table 15.04.607.080. For uses not listed in the table, one short-term bicycle parking space and one long-term bicycle parking space shall be provided for every 20 motor vehicle parking spaces provided on-site (either shared or reserved).

TABLE 15.04.607.080: BICYCLE PARKING STANDARDS
1246
Land Use
Short-Term
Parking;
Class 2
Space
Long-Term
Parking;
Class 1
Space
Showers Personal Lockers
Office and Research and
Development
The greater
of 1 per
10,000 sq. ft.
or 4
The greater
of 1 per
2,000 sq.
ft. or 4
1 unisex per 40,000 sq. ft. plus 1 for
each additional 20,000 sq. ft.

Provided for at least 75% of
the long-term bicycle parking
spaces provided
Convenience Markets;
Retail Sales; Business
Services; Finance,
Insurance and Real Estate
Services; Personal Services
The greater
of 1 per
5,000 sq. ft.
or 2
The greater
of 1 per
5,000 sq.
ft. or 2
1 unisex required per 20 full time
employee equivalents (FTE) as
estimated by City upon
development application. Uses with
less than 5,000 sq. ft. or fewer than
20 FTE, as determined by the City
are exempt.

Provided for at least 75% of
long-term bicycle parking
spaces provided. Uses with
less than 5,000 sq. ft. or fewer
than 20 FTE, as determined
by the City are exempt.

Eating and Drinking
Establishments
The greater
of 1 per 750
sq. ft. or 2
The greater
of 1 per
7,500 sq.
ft. or 2
Residential Multi-Unit
Dwellings; Live-Work Units
1 plus 1 for
every 20
units
1 per unit n/a n/a
Group Housing
2 plus 1 per
100 beds
1 per 4
beds
Hotel
Minimum 8
spaces

0.25 spaces
per room
1 unisex required per 20 FTE as
estimated by City upon
development application. Uses with
less than 20 FTE exempt.
75% of long-term bicycle
parking spaces provided. Uses
with less than 5,000 sq. ft. or
fewer than 20 FTE, as
determined by the City are
exempt.

Community Assembly;
Cultural Facility; Social
Service Center
The greater
of 1 per
2,500 sq. ft.
or 2
The greater
of 1 per
5,000 sq.
ft. or 2
Schools
2 Class 2 spaces per classroom or 6 percent of the student capacity plus staff, whichever is greater.

Mixed-Use The sum of the requirements for individual uses. 1247
D. Standards for All Bicycle Parking.

1. Class 1 Long-Term Bicycle Parking Spaces. Class 1 paces shall be located with direct access for bicycles without requiring use of stairs. The location of such spaces shall allow bicycles users to ride to the entrance of the space or the entrance of the lobby leading to the space. The design shall provide safe and convenient access to and from bicycle parking facilities. Use of elevators to access Class 1 spaces shall be minimized. In residential buildings, Class 1 space shall not be provided within dwelling units, on balconies, or in required outdoor living area. Class 1 bicycle parking shall be located:
a. On the ground floor within 100 feet of a major entrance to the lobby. There shall be either:
(i) convenient access to and from the street to the bicycle parking space and another entrance from the bicycle parking space to the lobby area, or (ii) a minimum five foot wide hallway or lobby space that leads to the bicycle parking entrance, where direct access to bicycle parking space from the street does not exist. Such access route may include up to two limited constriction points, such as doorways, provided that these constrictions are no narrower than three feet wide and extend for no more than one foot of distance. b. In a structured parking facility, on the first level of automobile parking either above or below grade, near elevators or other pedestrian entrances to the facility.

2. Class 2 Short-Term Bicycle Parking Spaces. Class 2 paces shall be located, as feasible, near all main pedestrian entries to the use to which they are accessory. Class 2 bicycle parking may be on a sidewalk or in place of an on-street auto parking space, within 100 feet of a main entry to the building, subject to approval of the Director of the Department of Transportation. If existing Class 2 bicycle parking in the required quantities already exists in a public right-of-way immediately fronting a project site, and such spaces are not satisfying bicycle parking requirements for another use, such parking shall be deemed to meet the Class 2 requirement for that project.

3. Design and Installation.
a. A bicycle parking space shall be in a paved, level, drained, lighted area with access to a right-of-way without the use of stairs, and shall consist of either:
i. One side of a securely fixed rack element that supports the bicycle upright by its frame, prevents the bicycle from tipping over, and allows the frame and at least one wheel to be locked to the rack element with one lock; or
ii. For Class 1 long-term parking only, a bicycle locker constructed of theft-resistant material with a lockable door which opens to the full width and height of the locker.

Bicycle lockers shall be weather-proof if exposed to the elements; or iii. For Class 1 long-term bicycle parking only, wall-mounted racks or wall- or ceilingmounted hooks so that bicycles may be hung vertically. b. Each bicycle parking space shall be no less than 15 inches wide, by six feet deep, with an overhead clearance of no less than seven feet. This can be satisfied by placing racks, each of which supports two bicycles, 30 inches apart.
c. Each row of bicycle parking spaces shall be served by an aisle no less than four feet wide.

Rack elements must be placed two feet from walls, fences or curbs. d. Required bicycle parking may not be tandem; parking or removing a bicycle shall not require moving another parked bicycle.
e. Bicycle rack elements shall be fixed, securely anchored to the ground or to a structure by means that resist tampering or removal. Bicycle locker edges shall be secured with no exposed fittings or connectors. The Zoning Administrator may specify preferred installation 1248
methods, such as, but not limited to, embedded mounting in poured-in-place concrete, recessed bolt heads or grouted-in anchoring.

4. Location.
a. Direct access from the bicycle parking to the public right-of-way shall be provided by means of access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance shall also be provided.
b. Where bicycle parking is not directly visible and obvious from the right-of-way, signs shall be provided, except that directions to long-term bicycle parking may be posted or distributed by the building management, as appropriate.
c. Bicycle parking must be separated from automobile parking by a sufficient distance to prevent damage from moving automobiles or their loading and unloading. The Zoning Administrator may require a barrier or curb between bicycle and automobile parking areas on constrained sites.
d. Bicycle parking may be provided inside a building provided it is easily accessible from a building entrance and a bicyclist does not have to use stairs to reach it. e. The placement of bicycle parking, bicycle rack elements and bicycle lockers shall not interfere with pedestrian circulation.

E. Removal of Abandoned Bicycles. Property owners shall remove abandoned bicycles from shortterm and long-term parking associated with their property on a quarterly basis after posting a notice of removal warning on such bicycles for one month. This requirement shall not preclude provision of seasonal bicycle storage.

15.04.607.090 - Loading Spaces.

A. Number of Spaces Required.

1. None Required. No off-street loading spaces are required for uses for which the estimated parking demand is "none." In addition, no off-street loading spaces are required for Single Unit or Two Unit (duplex) dwellings.

2. Requirement "To Be Determined." The off-street loading requirement for uses for which the estimated parking demand is "To be determined" ("TBD") shall be determined in the same manner in which the estimated parking demand is determined.

3. All Other Uses. The off-street loading requirement for all other uses shall be as set forth in Table

15.04.607.090-A.

TABLE 15.04.607.090-A: LOADING REQUIREMENTS
Use Type
Number of
Spaces
Size (see (B)
below)
Residential Use Types
Multi-Unit
Less than 50 units none
50 to 149 units 1 small
1249
150 to 300 units 2 small
Each additional 300 units or fraction of one-half or more thereof 1 medium Commercial and Institutional Use Types
Offices—All
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross square feet 1 medium
100,000 to less than 200,000 gross square feet 2 medium Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
All Other
Less than 10,000 gross square feet none
10,000 to less than 20,000 gross square feet 1 medium
20,000 to less than 40,000 gross square feet 2 medium
40,000 to less than 80,000 gross square feet 2 large
Each additional 40,000 gross square feet or fraction of one-half or more thereof
1 large
Industrial Use Types
Research and Development
Less than 25,000 gross square feet none
25,000 to less than 100,000 gross square feet 1 medium
100,000 to less than 200,000 gross square feet 2 medium Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
1250
All Other
Less than 10,000 gross square feet none
10,000 to less than 25,000 gross square feet 1 medium
25,000 to less than 50,000 gross square feet 1 large
50,000 to less than 100,000 gross square feet 2 large
100,000 to less than 200,000 gross square feet 3 large
Each additional 100,000 gross square feet or fraction of one-half or more thereof
1 large
B. Size of Spaces. The size of each type of loading space shall be as follows:

1. Small. Small loading spaces shall have a width of no less than 10 feet, a length of no less than 25 feet, and a vertical clearance of no less than eight feet.

2. Medium. Medium loading spaces shall have a width of no less than 12 feet, a length of no less than 35 feet, and a vertical clearance of no less than 14 feet.

3. Large. Large loading spaces shall have a width of no less than 12 feet, a length of no less than 50 feet, and a vertical clearance of no less than 14 feet.

C. Modifications. In approving a project, the Zoning Administrator or the Planning Commission, as the case may be, may modify the number and size of loading spaces required because of the nature of the use or the design of the project.

D. Maneuvering Areas. All off-street loading spaces shall be designed and located so that there is sufficient off-street maneuvering area to accommodate vehicles using the loading spaces.

Maneuvering areas shall be designed to accommodate the largest vehicle intended to use the loading spaces and shall not be encumbered by parking stalls or physical obstructions.

E. Surface and Maintenance. Loading spaces and the maneuvering areas and driveways serving them shall be paved and maintained with concrete, asphalt, or similar material of sufficient thickness and consistency to support anticipated traffic volumes and weights; properly graded for drainage; and maintained in good condition free of weeds, dust, trash, and debris.

F. Location. Loading spaces shall be located on the same lot on which the use for which they are required is located, except that, upon the granting of a conditional use permit, loading spaces may be provided in a common loading area serving multiple adjacent uses and located on an adjacent lot within 300 feet of the lot on which the use requiring the loading spaces is located. To grant such a conditional use permit, the Planning Commission shall make the following findings in addition to the findings otherwise required:

1. That the common loading area results in a more efficient design than individual loading areas serving each use separately;
1251

2. That the total number of loading spaces provided in the common loading area is no less than the number of loading spaces that would be required if the uses served were located in a single facility; and

3. That the common loading area will be in place at all times during operation of the principal uses to be served by the loading spaces.

G. Access to Tenant Spaces Served by Loading Spaces. Buildings served by loading spaces shall be designed such that there is a direct interior path of travel between the loading spaces and each tenant space served by the loading spaces of sufficient width and height to accommodate all material to be loaded and unloaded.

H. Availability and Utilization of Loading Spaces. All loading spaces shall be made readily available to pick-up and delivery vehicles during all hours when pick-ups and deliveries are allowed. Owners of property containing such loading spaces shall be responsible for advising drivers of pick-up and delivery vehicles of the location and hours of such loading spaces, shall require drivers to use such loading spaces, and shall not allow pick-up and delivery vehicles to be loaded in the public right-ofway.

I. Landscaping and Screening. All loading spaces and the maneuvering areas and driveways serving them shall be landscaped and/or screened as required by this Article.

J. Lighting. All exterior loading spaces and the maneuvering areas and driveways serving them shall be provided with lighting meeting the minimums established for parking areas. 1252

15.04.610.180 - Emergency Shelters.

Emergency shelters must be located, developed, and operated in compliance with the following standards where allowed by the 200 Series, Base Zoning Districts:

A. Proximity to Other Shelters. Minimum distance from other emergency shelter: 300 feet.

B. Facility Requirements. Each emergency shelter shall include, at a minimum:

1. A courtyard or other on-site area for outdoor client congregation, so that clients waiting for services are not required to use the public sidewalk for queuing;

2. On-site management during hours of operation when clients are present, and an area for the manager near the entry to the facility;

3. Exterior lighting at all building entrances and outdoor activity areas activated between sunset and sunrise of each day for security purposes.

C. Common Facilities. The emergency shelter facility may provide one or more of the following specific facilities and services:

1. Child care facilities.

2. Commercial kitchen facilities operated in compliance with Health and Safety Code Section 113700, et seq.;

3. Dining area;

4. Laundry;

5. Recreation room; and

6. Support services (e.g., training, counseling).

D. Maximum Number of Beds. No more than 10 beds shall be provided in any single emergency shelter located in a Residential zoning district and no more than 25 beds shall be provided in any single emergency shelter located within a Mixed-Use zoning district, except:

1. In response to a disaster; or

2. As authorized by a conditional use permit.

E. Parking. Pursuant to Government Code Section 65583(a)(4)(B)(ii), emergency shelters shall provide either sufficient parking to accommodate all staff working in the emergency shelter, or an amount of parking equal to other residential or commercial uses within the same zone, whichever is less.

F. Bicycle Parking. At least one bicycle space for every five beds. 1253

15.04.610.360 - Residential Facility.

Residential care facilities, either General, Limited or Senior, must be located, developed, and operated in compliance with the following standards, where allowed by the 200 Series, Base Zoning Districts:

A. Development standards. Only the same objective development standards that apply to other family dwellings of the same type in the same zone shall apply to residential facilities, regardless of type or size. No conditional use permit, zoning variance, or other zoning clearance shall be required of a residential facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone (California Health and Safety Code 1568.0831).

B. Residential care facilities, General. Shall be permitted by-right in all zones allowing residential uses by-right.

C. Hospice facilities, Limited. Shall be permitted by-right in the CM-3, CM-4, or CM-5 zones. 1254

15.04.805.040 - Design Review Criteria.

When conducting design review, the Zoning Administrator or the Design Review Board must evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan and adopted Design Guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. Building permit details are beyond the scope of design review. To obtain design review approval, projects must satisfy these criteria to the extent they apply.

A. The proposed project is consistent with the objectives of the General Plan, complies with applicable zoning regulations, Planned Development, Master Plan or Specific Plan provisions, improvement standards, and other applicable standards and regulations adopted by the City.

B. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

C. The project's design elements, materials, signage, and landscaping are internally consistent, and fully integrated with one another.

D. Lighting and lighting fixtures are designed to be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

E. The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

F. Landscaping proposed planting materials avoid conflicts with views, lighting, and signage. 1255

15.04.806.040 - Required Findings.

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. Findings must be made on the basis of the application, plans, materials, and testimony submitted at the hearing. The inability to make one or more of the findings is grounds for denial of an application.

A. The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site; B. The location, size, design, and operating characteristics of the proposed use are compatible with the General Plan.

C. The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions; D. The proposed use complies with all applicable provisions of Article XV; and E. The site of the proposed use is adequately served by highways, streets, water, sewer, and other public facilities and services.
1256
Attachment 2
Draft Resolution Amending the
Richmond General Plan 2030 Land Use Element
1257
Reso. No. _____