June 16, 2026
Economic Development
Richmond Housing Authority (RHA)
& City of Richmond
DATE: June 16, 2026
TO: Members of the City Council and Members of the Board of Commissioners of the Richmond Housing Authority
(RHA)
FROM: Shasa Curl, City Manager
Emily Combs, Director of Finance
Mubeen Qader, Deputy Director of Finance
Nannette Beacham, Economic Development Director
Antoinette Terrell, RHA Executive Director
Rita Martinez, Finance Manager II
Subject: Proposed Richmond Housing Authority Budget for Fiscal Year (FY) 2026-2027
FINANCIAL IMPACT: This action approves the Richmond Housing Authority (RHA) proposed Fiscal Year (FY) 2026-2027 operating
budget, which includes estimated revenues of
$4,154,579 and proposed expenditures of $5,439,652.
Approval of the proposed $1,260,073 General Fund
subsidy and the use of $25,000 in Hacienda proceeds
will fully balance the RHA FY 2026–2027 budget to
$5,439,652 in revenues and $5,439,652 in expenditures.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
ISSUE:
City staff is requesting that the RHA Board of
Commissioners and members of the City Council review
and approve the RHA FY 2026-2027, proposed budget.
JOINT MEETING
AGENDA REPORT
247
June 16, 2026
RECOMMENDED ACTION: ADOPT a joint resolution approving the proposed Fiscal Year (FY) 2026-2027 Richmond Housing Authority
(RHA) budget, with total estimated revenues of
$4,154,579 and total estimated expenditures of
$5,439,652; APPROVE an RHA subsidy from the City of
Richmond General Fund in the amount of $1,260,073,
and AUTHORIZE the use of available Hacienda
proceeds in the amount of $25,000 to balance the RHA
budget to $5,439,652 in estimated revenues and
$5,439,652 in expenditures - Richmond Housing
Authority/Finance Department (Antoinette Terrell 510-
620-6784/Rita Martinez 510-621-1546).
DISCUSSION:
Background
The Richmond Housing Authority (RHA) provides affordable housing for low and very low-income Richmond residents through federally funded housing programs administered by the U.S. Department of Housing and Urban Development (HUD).
RHA owns and manages one public housing property occupied by residents (Nystrom Village) with 100 units. There are an additional 683 affordable housing units associated with RHA entities (Richmond Village, Triangle Court, Friendship Manor, Hacienda Heights, and Nevin Plaza I) for a total of 783 units.
RHA also continues to operate within the framework of the Public Housing Authority Recovery and Sustainability Agreement (PHARS), entered into between HUD, the City of Richmond, and RHA. The PHARS Agreement identifies key priorities for RHA, including improving financial and operational stability, addressing outstanding compliance matters, and advancing the repositioning and redevelopment of RHA’s public housing assets.
RHA’s funding is largely dependent on federal appropriations through HUD’s Capital Fund and Operating Subsidy and is supplemented by tenant rental income as well as other available funding sources identified by RHA. As is the case with many public housing agencies nationwide, the public housing program has been chronically underfunded creating ongoing financial and operational challenges. As a result, the proposed budget also includes a requested General Fund subsidy from the City of Richmond to support ongoing operations, maintenance, and housing initiatives.
FY 2026-2027 Proposed Budget
RHA is proposing $5,439,652.00 in expenditures during FY 2026–2027 to manage the public housing program, its affiliates, and completion of the PHARS deliverables. These expenditures include personnel costs, currently budgeted at 5.0 full-time equivalents 248
June 16, 2026
(FTE), utilities, contracts for property maintenance and unit turnover activities at Nystrom Village, professional services for asset repositioning, costs associated with completing outstanding financial audits, and an operating subsidy pass-through for Richmond Village.
Estimated revenue of $4,154.579.00 is comprised of operating subsidies from HUD, Capital Fund resources, tenant rental income, and other available funding sources. RHA is not proposing significant increases across most operating line items. Instead, the primary budget pressures are related to a reduction in HUD operating subsidy from the repositioning of Nevin Plaza and personnel cost increases associated with the approved Memorandum of Understanding (MOU) for staff compensation.
City staff recommend that the RHA Board of Commissioners and City Council adopt a resolution approving RHA’s FY 2026–2027 operating budget in the amount of $4,154,579.00 in revenues and $5,439,652.00 in expenditures, with a proposed City of Richmond General Fund subsidy amount of $1,260,073 and the use of available fund balance generated from proceeds of the Hacienda sale in the amount of $25,000. The most significant revenue and expenditure categories are listed below:
Category Description / Included Items FY 2026–2027
Proposed Budget
Revenues
HUD
Operating
Subsidy
HUD operating subsidy for RHA public housing operations $737,137.00 Capital Fund
Subsidy
HUD Capital Fund resources for eligible public housing capital improvements, management improvements, and allowable
operating or administrative transfers.
$2,500,000.00
Tenant Rental
Income
Rental income received from residents at Nystrom Village.
Revenue may vary based on occupancy, income changes, unit availability, and ongoing rehabilitation needs.
$384,000.00
Authority
Oversight
Fees
Oversight or administrative fees received by RHA related to affiliated housing assets or agreements. $5,000.00
Other
Revenue
Payments received from resident repayment agreements and reimbursements.
$2,000.00
Operating
Transfer In –
Capital Fund
Allowable transfer of Capital Fund resources to support eligible operations and administrative costs. $526,442.00
Subtotal
Revenue $4,154,579.00
City General
Fund Subsidy
Requested City of Richmond General Fund subsidy to balance the RHA budget.
$1,260,073.00
Hacienda
Fund Balance
Available funds related to Hacienda Heights asset
repositioning.
$25,000.00
Total
Revenues w/
General Fund
$5,439,652.00
249
June 16, 2026
Subsidy and
Fund Balance
Expenditures
Salaries and
Wages Salaries for RHA staffing, the current budget includes 5.0 FTEs $884,576.00 Payroll Fringe
Benefits
Employer-paid benefit costs associated with RHA staffing, including retirement, health benefits, payroll taxes, workers’ compensation, and other required employee benefit costs $416,729.00
Professional &
Administrative
Services
Services including legal, audit, consulting, assessments, financial compliance work, procurement assistance, staff training, and other administrative or professional support needs. $694,440.00
Other
Operating
Other operating expenses office expense, building supplies, tools clothing and uniforms, and tenant relocation.
$302,100.00
Equipment &
Contractual
Services
Contracted services and property-related needs, including, appliances, temporary staffing, HVAC, plumbing, electrical, landscaping, repairs, maintenance, and other vendor-supported operational needs.
$1,815,058.00
Grant
Expenditures
Eligible grant-funded expenditures, including Capital Fundrelated costs, audit-related costs, and Richmond Village subsidy pass-through payments.
$391,637.00
Property
Insurance Insurance costs for RHA properties. $61,484.00 Utilities Telephone, internet, electricity, water, sewer, gas, garbage. $190,500.00 Cost Allocation
City cost allocation charges based on the approved cost allocation plan and applicable federal cost principles per the Title 2 Code of Federal Regulations 200 (2 CFR Part 200) compliant Cost Allocation Plan (CAP).
$156,686.00
Operating
Transfer Out –
Capital Fund
Allowable transfer of Capital Fund resources for operations and administration, including transfers to Asset Management Projects.
$526,442.00
Total
Expenditures $5,439,652.00
Accomplishments and Operational Progress
During FY 2025-2026, RHA, in collaboration with the City of Richmond staff and development partners, have continued making progress towards stabilizing operations, maintaining existing housing assets, and advancing long-term development activities.
At Nystrom Village, RHA has continued to focus on maintenance and habitability improvements at this 100-unit public housing community. City staff completed annual inspections for all occupied units and completed 11-unit rehabilitations to address habitability concerns. Due to the age and condition of the property, unit turnover timelines have increased as more extensive repairs are required to prepare units.
Significant progress has also been made towards the long-term redevelopment of Nystrom Village. RHA has negotiated and executed an Exclusive Right to Negotiate Agreement and a Land Disposition and Development Agreement (LDDA) with Eden Housing and Community Housing Development Corporation (CHDC) establishing the 250
June 16, 2026
framework for continued redevelopment planning. Based on the current project schedule, we are anticipating that the redevelopment project will be ready to break ground in calendar year 2030.
Nevin Plaza Phase I has been successfully completed, marking a major milestone in RHA’s asset repositioning efforts. Nevin Plaza II has also submitted its SB 35 application and continues to move through the predevelopment process to construct new affordable housing on adjacent RHA-owned property. Based on the current project schedule, this project is also anticipated to break ground in calendar year 2030.
RHA continues to evaluate the Hacienda Excess Lot, a vacant property owned by RHA, as part of its broader asset management strategy. City staff are reviewing potential long-term uses and disposition options while considering current market conditions and the broader economic climate.
Richmond Village’s repositioning efforts continue under the Rental Assistance Demonstration (RAD)/Section 18 conversion process. Environmental review activities, physical needs assessment work, and coordination with project stakeholders remain underway. Richmond Village is currently anticipated to be fully repositioned by the end of FY 2027.
Substantial progress has also been made in resolving longstanding financial compliance matters:
Housing Choice Voucher program closeout has been completed. FY 2021 and FY 2021 audits have been completed
FY 2022 through FY 2024 audits are currently underway City staff’s goal is to begin the FY 2025 and FY 2026 audit in October 2026 in coordination with the City of Richmond’s FY 2026 audit cycle, bringing RHA back into a current audit schedule.
Conclusion
The proposed FY 2026–2027 budget supports RHA’s continued work to meet its obligations under the Public Housing Authority Recovery and Sustainability (PHARS) agreement, including improving financial stability, maintaining safe and habitable housing, addressing outstanding compliance matters, and advancing the repositioning and redevelopment of RHA’s public housing assets.
A considerable amount of City of Richmond staff time and resources have been used to help RHA meet these obligations. RHA would like to thank the City staff outside of RHA whose continued assistance and support have helped stabilize operations.
RHA staff and City staff will continue to monitor the budget to maintain financial integrity, support the health and safety of RHA residents, and advance the long-term housing goals outlined in the PHARS Agreement. However, the ongoing cost of 251
June 16, 2026
maintaining aging public housing, along with the chronic underfunding of the public housing program, continues to create financial challenges. Approval of the FY 2026– 2027 budget, including the requested General Fund subsidy, will allow RHA to continue serving Richmond residents and moving forward with its long-term housing goals.
DOCUMENTS ATTACHED:
Attachment 1 - RHA FY26-27 Budget Resolution
Attachment 2 - RHA FY26-27 Position Control
Attachment 3 - RHA FY26-27 Budget Summary
Attachment 4 - RHA FY26-27 Budget Detail Report
252
Reso. No. ____
RESOLUTION NO. ____
A JOINT RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND AND
BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE CITY
OF RICHMOND (RHA) ADOPTING THE HOUSING AUTHORITY FISCAL YEAR 2026-2027 OPERATING BUDGET WITH PROPOSED REVENUES IN THE AMOUNT OF $4,154,579.00, TOTAL PROPOSED EXPENDITURES OF $5,439,652.00, AND APPROVE A SUBSIDY FROM THE CITY OF RICHMOND GENERAL FUND IN THE AMOUNT OF $1,260,073.00, AND AUTHORIZING THE USE OF AVAILABLE HACIENDA PROCEEDS IN THE AMOUNT OF $25,000 WHICH WILL BALANCE THE RHA BUDGET TO $5,439,652 IN ESTIMATED REVENUES AND $5,439,652 IN EXPENDITURES
WHEREAS, the Richmond Housing Authority (RHA) is a public entity chartered by the City of Richmond, California, as a separate legal entity under the provisions of the U.S.
Housing Act of 1937; and
WHEREAS, RHA’s programs are funded by the federal government, subject to the rules and guidelines of the United States Department of Housing and Urban Development (HUD); and
WHEREAS, RHA’s mission is to provide decent, safe and sanitary affordable housing and coordinate supportive services for low-income residents and program participants of the City of Richmond; and
WHEREAS, RHA administers the Low Rent Public Housing Program, and administers the Capital Fund Grant Program to fund rehabilitation activity on its existing public housing stock; and
WHEARES, RHA continues to operate within the framework of the Public Housing Authority Recovery and Sustainability Agreement (PHARS), including efforts to improve financial and operational stability, address outstanding compliance matters, and advance the repositioning and redevelopment of RHA’s public housing assets; and WHEREAS, RHA’s main goals and objectives for FY 2026–2027, in addition to the administration of its core public housing programs, include continued asset repositioning, redevelopment planning, financial compliance, and maintenance of safe and habitable housing; and
WHEREAS, the FY 2026–2027 operating budget includes proposed revenues in the amount of $4,154,579.00, total proposed expenditures in the amount of $5,439,652.00, a proposed City of Richmond General Fund subsidy in the amount of $1,260,073.00, and the use of available Hacienda income fund balance in the amount of $25,000 to balance the budget.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF
THE HOUSING AUTHORITY OF THE CITY OF RICHMOND AND THE
MEMBERS OF THE RICHMOND CITY COUNCIL, COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, THAT: the FY 2026-2027 operating budget for the Richmond Housing Authority in the amount of $4,154,579.00, in estimated revenues, and with total proposed expenditures of $5,439,652.00 an RHA subsidy from the City of Richmond General Fund in the amount of $1,260,073.00, and authorize the use of available Hacienda proceeds in the amount of $25,000 which will provide sufficient revenue to match anticipated expenditures and balance the RHA budget to $5,439,652.00 in estimated revenues and $5,439,652.00 in expenditures is hereby adopted.
BE IT FURTHER RESOLVED THAT the Executive Director and City Manager is authorized to take all actions necessary to implement the foregoing resolution. *****************
253
Reso. No. ____
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond and the Richmond Housing Board of Commissioners at a joint meeting thereof held on June 16, 2026, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Chairperson
[SEAL]
Attest:
Secretary
Approved as to form:
City Attorney
State of California }
County of Contra Costa : ss.
City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____ finally passed and adopted at a Special Housing Authority Meeting held on June 16, 2026. ____________________________________
CLERK OF THE HOUSING AUTHORITY
254
Position Position Desc Filled (5) Location Location Desc Org Object 135300004 RESIDENT HOUSING MGR 1 34 RICHMOND HSING AUTHORITY(RHA) 45142391 400003 139500015 ADMINISTRATIVE ASSISTANT 1 34 RICHMOND HSING AUTHORITY(RHA) 45142391 400003 206000001 BLDG MAINT SUPV 1 34 RICHMOND HSING AUTHORITY(RHA) 44545191 400002 252000001 SR PROPERTY MANAGER 1 34 RICHMOND HSING AUTHORITY(RHA) 45142391 400002 415400001 EXECUTIVE DIRECTOR OF HOUSING AUTHORITY 1 34 RICHMOND HSING AUTHORITY(RHA) 45142391 400001 Total
CY FTE Percent Notes
1.0000
1.0000
1.0000
1.0000
1.0000
5.0000
255
CAPITAL FUND HACIENDA NEVIN PLAZA
NYSTROM
VILLAGE
RICHMOND
VILLAGE I
RICHMOND
VILLAGE II
RICHMOND
VILLAGE III
CENTRAL
OFFICE COST
CNTR TOTAL
REVENUE
Property Oversight Fees - - - - - - - 5,000.00 5,000.00 Other Revenue - - - 2,000.00 - - - - 2,000.00
Rental Income - - - 384,000.00 - - - - 384,000.00
Federal Funding HUD Operating Subsidy - - - 360,000.00 157,180.00 152,672.00 67,285.00 - 737,137.00 Federal Funding HUD Capital Grant Funds 2,500,000.00 - - - - - - - 2,500,000.00 Transfers In - Operating 376,030.00 150,412.00 526,442.00 SUBTOTAL REVENUE 2,500,000.00 - - 1,122,030.00 157,180.00 152,672.00 67,285.00 155,412.00 4,154,579.00 Transfers In - General Fund Subsidy - - - 949,135.00 - - - 310,938.00 1,260,073.00 TOTAL REVENUE W/ GEN. FUND SUBSIDY 2,500,000.00 - - 2,071,165.00 157,180.00 152,672.00 67,285.00 466,350.00 5,414,652.00
EXPENDITURES
Salaries and Wages - 10,000.00 - 755,619.00 - - - 118,957.00 884,576.00 Payroll Fringe Benefits - - - 146,574.00 - - - 270,155.00 416,729.00 Professional and Admin. Services 300,000.00 - - 394,440.00 - - - - 694,440.00 Other Operating 130,000.00 - - 167,850.00 - - - 4,250.00 302,100.00 Utilities - - - 186,000.00 - - - 4,500.00 190,500.00
Equipment and Contract Services 1,529,058.00 15,000.00 - 271,000.00 - - - - 1,815,058.00 Insurance - - - 61,484.00 - - - - 61,484.00
City Cost Pool Allocation - - 88,198.00 - - - 68,488.00 156,686.00 Capital Outlay - - - - - - - - -
Grant Expenditures 14,500.00 - - - 157,180.00 152,672.00 67,285.00 - 391,637.00 Transfers Out - Operating 526,442.00 - - - - - - - 526,442.00 TOTAL EXPENDITURE 2,500,000.00 25,000.00 - 2,071,165.00 157,180.00 152,672.00 67,285.00 466,350.00 5,439,652.00 NET SURPLUS / (DEFICIT) - (25,000.00) - - - - - - (25,000.00) *Deficit covered by Fund Balance
RICHMOND HOUSING AUTHORITY
FY2026-27 BUDGET PROPOSAL SUMMARY
256
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NEXT YEAR BUDGET DETAIL REPORT
Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
EMERGENCY OPE & DISASTR RECVRY VENDOR QUANTITY UNIT COST 2027 FINANCE TOTAL SALARIES AND WAGES .00
TOTAL EMGCY OPE & DISTR/PUBLIC HSNG .00
TOTAL EMERGENCY OPE & DISASTR RECVRY .00
257
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NEXT YEAR BUDGET DETAIL REPORT
Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
AMERICAN RESCUE PLAN ACT VENDOR QUANTITY UNIT COST 2027 FINANCE 13641091 ARPA/RHA
42 PROF & ADMIN
13641091 400201 - 34001 1,955,543.95 *
1.00 1,955,543.95 1,955,543.95
TOTAL PROF & ADMIN 1,955,543.95
TOTAL ARPA/RHA 1,955,543.95
TOTAL AMERICAN RESCUE PLAN ACT 1,955,543.95
258
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NEXT YEAR BUDGET DETAIL REPORT
Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CAPITAL FUND VENDOR QUANTITY UNIT COST 2027 FINANCE 42141191 RHA-CAPITAL ADMN DIV
3B INTERGOV FED GRANT
42141191 331316 - -2,500,000.00 *
HUD CAPITAL FUND GRANT. EXPECTED GRANT 1.00 2,500,000.00 -2,500,000.00 $1.5MIL
EXPECTED GRANT PLUS ACCESS TO PREVIOUS
GRANTS
TOTAL INTERGOV FED GRANT -2,500,000.00
42 PROF & ADMIN
42141191 400212 - 50,000.00 *
NYS/RV PHYSICAL NEEDS ASSESSMENT 1.00 50,000.00 50,000.00 42141191 400217 - 250,000.00 *
$200K MIKE ANDREWS 1.00 200,000.00 200,000.00
$50K NELB 1.00 50,000.00 50,000.00
TOTAL PROF & ADMIN 300,000.00
43 OTHER OPERATING
42141191 400331 - 30,000.00 *
$25K EXTENDED STAY HOTEL TENANT 1.00 25,000.00 25,000.00
RELOCATION
$5K TENANT MEAL REIMBURSEMENT 1.00 5,000.00 5,000.00
42141191 400385 - 100,000.00 *
$85K HD SUPPLY 1.00 100,000.00 100,000.00
TOTAL OTHER OPERATING 130,000.00
45 EQPT & CONTRACT SVCS
42141191 400536 - 1,129,058.00 *
TEMP STAFF FOR UNIT REHAB 1.00 204,000.00 204,000.00
NYSTROM GUTTER REPLACEMENT 1.00 300,000.00 300,000.00
GENERAL CONTRACTOR 1.00 625,058.00 625,058.00
259
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CAPITAL FUND VENDOR QUANTITY UNIT COST 2027 FINANCE 42141191 400537 - 320,000.00 *
SIDEWALK REPAIR/REPLACEMENT NYSTROM 1.00 320,000.00 320,000.00 42141191 400540 - 80,000.00 *
PARKING LOT LIGHT REPAIR NYSTROM 1.00 80,000.00 80,000.00 TOTAL EQPT & CONTRACT SVCS 1,529,058.00
50 GRANT EXPENDITURES
42141191 400828 - 7,500.00 *
BADAWI CAPITAL GRANT AUDIT FY22-24 1.00 7,500.00 7,500.00 42141191 400836 - 7,000.00 *
MATRIX COST ALLOCATION PLAN 1.00 7,000.00 7,000.00
TOTAL GRANT EXPENDITURES 14,500.00
91 OPER XFERS OUT
42141191 400901 - 526,442.00 *
OPERATING TRANS NYSTROM (25%) 1.00 376,030.00 376,030.00 OPERATING TRANS ADMIN (10%) 1.00 150,412.00 150,412.00
TOTAL OPER XFERS OUT 526,442.00
TOTAL RHA-CAPITAL ADMN DIV .00
TOTAL RHA-CAPITAL FUND .00
260
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-HACIENDA VENDOR QUANTITY UNIT COST 2027 FINANCE
44141191 RHA-HACIENDA ADMN DIV
42 PROF & ADMIN
44141191 400299 - 10,000.00
TOTAL PROF & ADMIN 10,000.00
45 EQPT & CONTRACT SVCS
44141191 400537 - 15,000.00 *
HACIENDA LOT LANDSCAPING 1.00 15,000.00 15,000.00
TOTAL EQPT & CONTRACT SVCS 15,000.00
TOTAL RHA-HACIENDA ADMN DIV 25,000.00
TOTAL RHA-HACIENDA 25,000.00
261
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE 44545191 RHA-NYSTROM VILLAGE ADMN DIV
38 OTHER REVENUE
44545191 364852 - -2,000.00 *
TENANT REPAYMENT AGREEMENTS TO RHA 1.00 2,000.00 -2,000.00 TOTAL OTHER REVENUE -2,000.00
39 RENTAL INCOME
44545191 362812 - -384,000.00 *
PROJECTED FY2027 RENT CHARGED 1.00 384,000.00 -384,000.00 TOTAL RENTAL INCOME -384,000.00
3B INTERGOV FED GRANT
44545191 331314 - -360,000.00 *
HUD PHA OPERATING SUBSIDY 1.00 360,000.00 -360,000.00
TOTAL INTERGOV FED GRANT -360,000.00
40 SALARIES AND WAGES
44545191 400002 - 154,893.00 *
BLDG MAINTENANCE SUPERVISOR (293) 1.00 .00 147,519.00
BLDG MAINTENANCE SUPERVISOR (293) .00 .00 7,374.00
44545191 400003 - 73,751.00 *
RESIDENT HOUSING MANAGER (3922) 1.00 .00 73,751.00
44545191 400031 - 13,500.00 *
AFTER HOURS NYSTROM 1.00 13,500.00 13,500.00
44545191 400042 - 19,000.00 *
NYSTROM STANDBY PAY 1.00 19,000.00 19,000.00
44545191 400048 - 1,475.00 *
RESIDENT HOUSING MANAGER (3922) .00 .00 1,475.00
44545191 400099 - -7,000.00 *
STAFF ALLOCATIONS AT PHA LOCATIONS 1.00 7,000.00 -7,000.00 262
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE TOTAL SALARIES AND WAGES 255,619.00
41 PYRLL/FRINGE BENEFIT
44545191 400103 - 3,373.00 *
MEDICARE .00 .00 2,264.00
MEDICARE .00 .00 1,109.00
44545191 400105 - 43,405.00 *
KAISER PERMANENTE REG1 .00 .00 14,468.00
KAISER PERMANENTE REG1 .00 .00 28,937.00
44545191 400106 - 2,774.00 *
DENTAL INSURANCE .00 .00 1,387.00
DENTAL INSURANCE .00 .00 1,387.00
44545191 400109 - 36.00 *
EMPLOYEE ASSISTANCE PROG MISC .00 .00 18.00
EMPLOYEE ASSISTANCE PROG MISC .00 .00 18.00
44545191 400110 - 1,250.00 *
BLDG MAINTENANCE SUPERVISOR (293) .00 .00 1,250.00
44545191 400111 - 332.00 *
VISION INSURANCE .00 .00 166.00
VISION INSURANCE .00 .00 166.00
44545191 400112 - 537.00 *
LIFE INSURANCE MANAGEMENT .00 .00 479.00
LIFE INSURANCE GENERAL .00 .00 58.00
44545191 400114 - 1,051.00 *
LTD INS MGMT .00 .00 701.00
LTD INS GENERAL .00 .00 350.00
44545191 400116 - 912.00 *
UNEMPLOYMENT INSURANCE .00 .00 456.00
UNEMPLOYMENT INSURANCE .00 .00 456.00
263
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NEXT YEAR BUDGET DETAIL REPORT
Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE 44545191 400117 - 1,250.00 *
RESIDENT HOUSING MANAGER (3922) .00 .00 1,250.00
44545191 400122 - 7,452.99 *
1% DECREASE FROM PRIOR YEAR 1.00 7,452.99 7,452.99
44545191 400127 - 6,566.00 *
OTHER POST EMPLY BEN MISC .00 .00 3,283.00
OTHER POST EMPLY BEN MISC .00 .00 3,283.00
44545191 400149 - 28,427.00 *
PERS CONT MISC CLS EMPLOYER .00 .00 19,227.00
PERS CONT MISC NEW EMPLOYER .00 .00 9,200.00
44545191 400151 - 52,208.00 *
PERS UNFUNDED LIAB MISC .00 .00 26,104.00
PERS UNFUNDED LIAB MISC .00 .00 26,104.00
44545191 400199 - -3,000.00 *
STAFF ALLOCATIONS AT PHA LOCATIONS 1.00 3,000.00 -3,000.00 TOTAL PYRLL/FRINGE BENEFIT 146,573.99
42 PROF & ADMIN
44545191 400201 - 13,500.00 *
MOLD TESTING SERVICES 1.00 10,000.00 10,000.00
CREDIT REPORTS FOR POTENTIAL TENANTS 1.00 500.00 500.00 SHRED DEFENSE DOC. SHREDDING 1.00 3,000.00 3,000.00
44545191 400206 - 100,000.00 *
EDRINGTON - LEGAL SERVICES 1.00 100,000.00 100,000.00
44545191 400209 - 30,000.00 *
YARDI DATABASE REBUILD AND SOFT. 1.00 30,000.00 30,000.00
LICENSE
44545191 400214 - 160,000.00 *
TEMP STAFF FOR UNIT TURNOVER / 1.00 160,000.00 160,000.00
MAINTENANCE
264
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE 44545191 400215 - 53,880.00 *
BADAWI FY22,23,24 AUDITS 1.00 53,880.00 53,880.00
44545191 400246 - 10,000.00 *
NANMCKAY, NAHRO - RHA STAFF TRAINING 1.00 10,000.00 10,000.00 44545191 400261 - 2,000.00 *
CAHA MEMBERSHIP 1.00 900.00 900.00
NAHRO MEMBERSHIP 1.00 450.00 450.00
NAN MCKAY MEMBERSHIP 1.00 450.00 450.00
AMAZON MEMBERSHIP 1.00 200.00 200.00
44545191 400281 - 60.00 *
BANK FEES, BOUNCED CHECKS 1.00 60.00 60.00
44545191 400283 - 15,000.00 *
CORODATA FILE STORAGE FEES 1.00 15,000.00 15,000.00
44545191 400293 - 10,000.00 *
PERMIT FEES FOR UNIT REPAIRS AND 1.00 10,000.00 10,000.00
UPDATES
44545191 400299 - 500,000.00
TOTAL PROF & ADMIN 894,440.00
43 OTHER OPERATING
44545191 400301 - 14,350.00 *
RICHMOND RENT PROGRAM FEES 1.00 14,350.00 14,350.00
44545191 400327 - 500.00 *
ADVISORY COMMISSION PAYMENTS 1.00 500.00 500.00
44545191 400331 - 10,000.00 *
$6K EXTENDED STAY TEMPORARY RELOCATION 1.00 6,000.00 6,000.00 $4K TENANT MEAL REIMBURSMENT 1.00 4,000.00 4,000.00
44545191 400341 - 5,000.00 *
OFFICE SUPPLIES NYSTROM 1.00 5,000.00 5,000.00
44545191 400381 - 3,000.00 *
1.00 3,000.00 3,000.00
265
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE 44545191 400382 - 15,000.00 *
HOME DEPOT RHA SMALL TOOLS 1.00 10,000.00 10,000.00
ACE HARDWARE SMALL TOOLS 1.00 2,500.00 2,500.00
WHALE POINT MARINE HARDWARE SMALL TOOLS 1.00 2,500.00 2,500.00 44545191 400385 - 120,000.00 *
$60K HD SUPPLY SUPPLIES 1.00 70,000.00 70,000.00
$30K HOME DEPOT SUPPLIES 1.00 40,000.00 40,000.00
$10K GLASS AND WINDOW SUPPLIES 1.00 10,000.00 10,000.00 TOTAL OTHER OPERATING 167,850.00
44 UTILITIES
44545191 400402 - 21,000.00 *
PG&E RATE INCREASE 2 OFFICES RES. 1.00 21,000.00 21,000.00
MANAGER UNIT
44545191 400403 - 7,500.00 *
WATER FOR COMMON, 2 OFFICES, RES 1.00 7,500.00 7,500.00
MANAGER UNIT
44545191 400404 - 100,000.00 *
CITY SEWER EXPENSE 1.00 100,000.00 100,000.00
44545191 400405 - 4,000.00 *
PG&E RATE INCREASE, 2 OFFICES, RES 1.00 4,000.00 4,000.00
MANAGER UNIT
44545191 400406 - 48,000.00 *
REPUBLIC SERVICES TRASH PICKUP NYSTROM 1.00 48,000.00 48,000.00 44545191 400407 - 5,500.00 *
INTERNET 2 OFFICES 1.00 5,500.00 5,500.00
TOTAL UTILITIES 186,000.00
45 EQPT & CONTRACT SVCS
44545191 400504 - 1,000.00 *
GAS CHARGES FOR USING PW PUMP 1.00 1,000.00 1,000.00
44545191 400536 - 10,000.00 *
HVAC CONTRACT - HEATER REPLACEMENTS 1.00 10,000.00 10,000.00 266
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-NYSTROM VILLAGE VENDOR QUANTITY UNIT COST 2027 FINANCE 44545191 400537 - 130,000.00 *
$95K NYSTROM LANDSCAPING 1.00 130,000.00 130,000.00
44545191 400539 - 50,000.00 *
VACANT PROPERTY SECURITY 1.00 50,000.00 50,000.00
44545191 400540 - 20,000.00 *
RESIDENTIAL ELECTRIC SERVICES CONTRACT 1.00 20,000.00 20,000.00 44545191 400541 - 10,000.00 *
PEST CONTROL CONTRACT 1.00 10,000.00 10,000.00
44545191 400544 - 50,000.00 *
PLUMBING CONTRACTORS EMERGENCY/SEWER 1.00 50,000.00 50,000.00 TOTAL EQPT & CONTRACT SVCS 271,000.00
46 PROVISN FOR INS LOSS
44545191 400556 - 61,484.00 *
HAI NYSTROM INSURANCE 1.00 53,984.00 53,984.00
INS. BROKER FEES 1.00 7,500.00 7,500.00
TOTAL PROVISN FOR INS LOSS 61,484.00
47 COST POOL
44545191 400586 - 88,198.31 *
2027 OMB COMPLIANT COST PLAN 1.00 88,198.31 88,198.31
TOTAL COST POOL 88,198.31
90 OPER XFERS IN
44545191 391991 - -376,030.00 *
TRANSFER IN FROM CAP. FUND (25% OPER.) 1.00 376,030.00 -376,030.00 44545191 391994 - -949,135.30 *
GEN FUND SUBSIDY 1.00 949,135.30 -949,135.30
TOTAL OPER XFERS IN -1,325,165.30
TOTAL RHA-NYSTROM VILLAGE ADMN DIV .00
TOTAL RHA-NYSTROM VILLAGE .00
267
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-RICHMOND VILLAGE ONE VENDOR QUANTITY UNIT COST 2027 FINANCE 44646191 RHA-RCHMD VLG ONE ADMN DIV
3B INTERGOV FED GRANT
44646191 331314 - -157,180.00 *
HUD OPERATING SUBSIDY 1.00 157,180.00 -157,180.00
TOTAL INTERGOV FED GRANT -157,180.00
50 GRANT EXPENDITURES
44646191 400837 - 157,180.00 *
HUD SUBSIDY PASS-THRU 1.00 157,180.00 157,180.00
TOTAL GRANT EXPENDITURES 157,180.00
TOTAL RHA-RCHMD VLG ONE ADMN DIV .00
TOTAL RHA-RICHMOND VILLAGE ONE .00
268
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-RICHMOND VILLAGE TWO VENDOR QUANTITY UNIT COST 2027 FINANCE 44747191 RHA-RCHMD VLG TWO ADMN DIV
3B INTERGOV FED GRANT
44747191 331314 - -152,672.00 *
HUD OPERATING SUBSIDY 1.00 152,672.00 -152,672.00
TOTAL INTERGOV FED GRANT -152,672.00
50 GRANT EXPENDITURES
44747191 400837 - 152,672.00 *
HUD SUBSIDY PASS-THRU 1.00 152,672.00 152,672.00
TOTAL GRANT EXPENDITURES 152,672.00
TOTAL RHA-RCHMD VLG TWO ADMN DIV .00
TOTAL RHA-RICHMOND VILLAGE TWO .00
269
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-RICHMOND VILLAGE THREE VENDOR QUANTITY UNIT COST 2027 FINANCE 44848191 RHA-RCHMD VLLG THREE ADMIN DIV
3B INTERGOV FED GRANT
44848191 331314 - -67,285.00 *
HUD OPERATING SUBSIDY 1.00 67,285.00 -67,285.00
TOTAL INTERGOV FED GRANT -67,285.00
50 GRANT EXPENDITURES
44848191 400837 - 67,285.00 *
HUD SUBSIDY PASS-THRU 1.00 67,285.00 67,285.00
TOTAL GRANT EXPENDITURES 67,285.00
TOTAL RHA-RCHMD VLLG THREE ADMIN DIV .00
TOTAL RHA-RICHMOND VILLAGE THREE .00
270
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CENTRAL OFFICE COST CNTR VENDOR QUANTITY UNIT COST 2027 FINANCE 45141191 RHA-CENTRAL OFFICE ADMN DIV
34 LICENSES,PRMITS&FEES
45141191 340452 - -5,000.00 *
ASSET MANAGEMENT FEES FROM PROPERTIES 1.00 5,000.00 -5,000.00 TOTAL LICENSES,PRMITS&FEES -5,000.00
47 COST POOL
45141191 400586 - 68,488.05 *
2027 OMB COMPLIANT COST PLAN 1.00 68,488.05 68,488.05
TOTAL COST POOL 68,488.05
90 OPER XFERS IN
45141191 391994 - -310,938.04 *
GENERAL FUND SUBSIDY 1.00 310,938.04 -310,938.04
TOTAL OPER XFERS IN -310,938.04
TOTAL RHA-CENTRAL OFFICE ADMN DIV -247,449.99
271
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CENTRAL OFFICE COST CNTR VENDOR QUANTITY UNIT COST 2027 FINANCE 45142391 RHA-CNTL OFFICE-EXECUTIVE MGT
40 SALARIES AND WAGES
45142391 400001 - 217,013.00 *
EXE DIR OF HOUSING AUTHORITY (5084) 1.00 .00 217,013.00 45142391 400002 - 151,734.00 *
SENIOR PROPERTY MANAGER (4692) 1.00 .00 151,734.00
45142391 400003 - 95,870.00 *
ADMINISTRATIVE ASSISTANT (4774) 1.00 .00 95,870.00
45142391 400053 - 4,340.00 *
401A 2% EER PD - EXEC MGMNT .00 .00 4,340.00
45142391 400099 - -350,000.00 *
STAFF ALLOCATIONS TO PHA LOCATIONS 1.00 350,000.00 -350,000.00 TOTAL SALARIES AND WAGES 118,957.00
41 PYRLL/FRINGE BENEFIT
45142391 400103 - 6,791.00 *
MEDICARE .00 .00 2,218.00
MEDICARE .00 .00 1,408.00
MEDICARE .00 .00 3,165.00
45142391 400105 - 66,555.00 *
KAISER PERMANENTE REG1 .00 .00 37,618.00
KAISER PERMANENTE REG1 .00 .00 28,937.00
45142391 400106 - 4,161.00 *
DENTAL INSURANCE .00 .00 1,387.00
DENTAL INSURANCE .00 .00 1,387.00
DENTAL INSURANCE .00 .00 1,387.00
45142391 400109 - 54.00 *
EMPLOYEE ASSISTANCE PROG MISC .00 .00 18.00
EMPLOYEE ASSISTANCE PROG MISC .00 .00 18.00
EMPLOYEE ASSISTANCE PROG MISC .00 .00 18.00
272
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CENTRAL OFFICE COST CNTR VENDOR QUANTITY UNIT COST 2027 FINANCE 45142391 400110 - 2,500.00 *
SENIOR PROPERTY MANAGER (4692) .00 .00 1,250.00
EXE DIR OF HOUSING AUTHORITY (5084) .00 .00 1,250.00
45142391 400111 - 498.00 *
VISION INSURANCE .00 .00 166.00
VISION INSURANCE .00 .00 166.00
VISION INSURANCE .00 .00 166.00
45142391 400112 - 1,257.00 *
LIFE INSURANCE MANAGEMENT .00 .00 479.00
LIFE INSURANCE GENERAL .00 .00 58.00
LIFE INSURANCE MANAGEMENT .00 .00 720.00
45142391 400114 - 2,207.00 *
LTD INS MGMT .00 .00 721.00
LTD INS GENERAL .00 .00 455.00
LTD INS MGMT .00 .00 1,031.00
45142391 400116 - 1,368.00 *
UNEMPLOYMENT INSURANCE .00 .00 456.00
UNEMPLOYMENT INSURANCE .00 .00 456.00
UNEMPLOYMENT INSURANCE .00 .00 456.00
45142391 400117 - 1,250.00 *
ADMINISTRATIVE ASSISTANT (4774) .00 .00 1,250.00
45142391 400122 - 188,529.99 *
1% DECREASE FROM PRIOR YEAR 1.00 188,529.99 188,529.99
45142391 400127 - 9,849.00 *
OTHER POST EMPLY BEN MISC .00 .00 3,283.00
OTHER POST EMPLY BEN MISC .00 .00 3,283.00
OTHER POST EMPLY BEN MISC .00 .00 3,283.00
45142391 400149 - 56,823.00 *
PERS CONT MISC NEW EMPLOYER .00 .00 18,557.00
PERS CONT MISC NEW EMPLOYER .00 .00 11,725.00
PERS CONT MISC NEW EMPLOYER .00 .00 26,541.00
273
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CENTRAL OFFICE COST CNTR VENDOR QUANTITY UNIT COST 2027 FINANCE 45142391 400151 - 78,312.00 *
PERS UNFUNDED LIAB MISC .00 .00 26,104.00
PERS UNFUNDED LIAB MISC .00 .00 26,104.00
PERS UNFUNDED LIAB MISC .00 .00 26,104.00
45142391 400199 - -150,000.00 *
STAFF ALLOCATIONS TO PHA LOCATIONS 1.00 150,000.00 -150,000.00 TOTAL PYRLL/FRINGE BENEFIT 270,154.99
43 OTHER OPERATING
45142391 400231 - 3,000.00 *
MAIL FOR RHA 1.00 3,000.00 3,000.00
45142391 400233 - 1,250.00 *
PRINT SHOP COSTS 1.00 1,250.00 1,250.00
TOTAL OTHER OPERATING 4,250.00
44 UTILITIES
45142391 400401 - 4,500.00 *
CELL PHONES FOR RHA STAFF 1.00 4,500.00 4,500.00
TOTAL UTILITIES 4,500.00
TOTAL RHA-CNTL OFFICE-EXECUTIVE MGT 397,861.99
274
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-CENTRAL OFFICE COST CNTR VENDOR QUANTITY UNIT COST 2027 FINANCE 45142491 RHA-CNTL-OFFICE CC FINANCE
90 OPER XFERS IN
45142491 391991 - -150,412.00 *
TRANSFER CAPITAL FUND (10%) ADMIN 1.00 150,412.00 -150,412.00 TOTAL OPER XFERS IN -150,412.00
TOTAL RHA-CNTL-OFFICE CC FINANCE -150,412.00
TOTAL RHA-CENTRAL OFFICE COST CNTR .00
275
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-HOUSING CORPORATION VENDOR QUANTITY UNIT COST 2027 FINANCE 45243191 RHA-HOUSING/HSG CORP ADMIN DIV
34 LICENSES,PRMITS&FEES
45243191 340452 - -5,000.00
TOTAL LICENSES,PRMITS&FEES -5,000.00
42 PROF & ADMIN
45243191 400201 - 14,000.00 *
MGO TAX FILINGS 1.00 14,000.00 14,000.00
45243191 400272 - 500.00 *
RHA & EASTERHILL CORP MEETINGS FUNDS 1.00 500.00 500.00 TOTAL PROF & ADMIN 14,500.00
43 OTHER OPERATING
45243191 400231 - 500.00 *
MAILINGS FOR RHA HOUSING CORP 1.00 500.00 500.00
TOTAL OTHER OPERATING 500.00
TOTAL RHA-HOUSING/HSG CORP ADMIN DIV 10,000.00
TOTAL RHA-HOUSING CORPORATION 10,000.00
GRAND TOTAL 1,990,543.95
** END OF REPORT - Generated by GREGORY PALOMINO **
276
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Report generated:
User: 6473gpal
Program ID: bgnyrpts
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION ACCOUNTS FOR:
RHA-HOUSING CORPORATION VENDOR QUANTITY UNIT COST 2027 FINANCE Field # Total Page Break
Sequence 1 1 Y Y
Sequence 2 9 Y Y
Sequence 3 10 Y N
Sequence 4 0 N N
Report title:
05/21/2026 15:48 |CITY OF RICHMOND | LIVE |P
6473gpal |NEXT YEAR BUDGET DETAIL REPORT |bgnyrp
PROJECTION: 22027 FY2026-27 OPERATING & CIP BUDGET PROJECTION FOR PERIOD 99 Report type: 3
Include employee with benefit detail: N
Budget level: 2
Percentage change calculation method: 1
Print detail lines: B
Print first or second year of budget requests: F
Print revenue as credit: Y
Include cfwd in rev bud: N
Include cfwd in actuals: N
Print totals only: N
Include segment code: N
Include report grand totals by account type: N
Print full GL account: N
Double space: N
Suppress zero bdgt accts: Y
Print as worksheet: N
Print percent change or comment: C
Print text: N
Amounts/totals exceed 999 million dollars: N
Print five budget levels: N
Report view: D
277
June 16, 2026
City Attorney's Office
Human Resources Department
DATE: June 16, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Shannon Moore, Interim City Attorney
Sharrone Taylor, Human Resources Director
Subject: Legal Services Agreement Amendment No. 4 with Liebert Cassidy Whitmore for Labor and Employment Matters
FINANCIAL IMPACT: The proposed $400,000 expenditure is included within the approved Fiscal Year (FY) 2025-2026 and proposed
FY 2026-2027 Human Resources and Risk Management
budgets (Account Strings: 01181016-400206;
50182316-400206).
PREVIOUS COUNCIL
ACTION:
April 16, 2024
June 20, 2024
November 1, 2022
October 7, 2025
STATEMENT OF THE
ISSUE:
City staff is requesting City Council approve an
amendment to the legal services agreement with the law
firm Liebert Cassidy Whitmore to increase the not-toexceed amount by $400,000 and to extend the term through June 30, 2027, so that they can continue
providing ongoing legal support in labor relations and
police personnel matters.
RECOMMENDED ACTION: APPROVE a fourth amendment to the Legal Services Agreement with Liebert Cassidy Whitmore for support in
labor relations and police personnel matters, extending the term through June 30, 2027, and increasing the
payment limit by $400,000 for a total amount not to
exceed $1,965,000 – City Attorney’s Office/Human
Resources Department (Shannon Moore 620-
6505/Sharrone Taylor 620-6803).
AGENDA
REPORT
278
June 16, 2026
DISCUSSION:
City staff request an amendment to the existing legal services agreement with Liebert Cassidy Whitmore (LCW) which expires on June 30, 2026. There is a need to extend the contract term by one year to June 30, 2027, and to increase the not-to-exceed amount to allow for ongoing labor negotiations for successor Memorandums of Understanding for three of the City's bargaining groups and the Fire Department’s transition to Advanced Life Support (ALS) services. Additionally, the firm provides legal advice on various employment law matters, meet and confer obligations, representation in sworn and non-sworn personnel matters, and training for the City's Management Leadership Academy. There are ongoing labor negotiations and specialized labor and employment legal expertise that LCW has the attorneys with expertise to provide such support. The Human Resources Department requests this amendment to extend the legal services agreement by one year and to cover anticipated expenditures. Rates for LCW partners are $435.00 per hour, Senior Counsel $365 per hour, Associates $260.00 - $345 per hour, and paralegals are $145 per hour.
The services provided by LCW have been extremely beneficial to the City and performed in a very satisfactory manner. Further, continuing the working relationship with LCW will provide stability in negotiations and employment law issues, and it would be detrimental to the City's interests to change law firms at this juncture. The Human Resources Department and the City Attorney’s Office request approval of this fourth amendment to the legal services agreement with LCW, to extend the term to June 30, 2027, and to increase the payment limit by $400,000 for a total not-to-exceed amount of $1,965,000.
DOCUMENTS ATTACHED:
Attachment 1 – Original Legal Services Agreement (LSA)
Attachment 2 – First Amendment to the LSA
Attachment 3 – Second Amendment to the LSA
Attachment 4 – Third Amendment to the LSA
Attachment 5 – Fourth Amendment to the LSA (Proposed)
279
1 LEGAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF RICHMOND
AND
LIEBERT CASSIDY WHITMORE
PREAMBLE
This legal services agreement (“Agreement”) is made and entered into on this 1 day of JULY, 2022 (the “Effective Date”) by and between the City of Richmond, California, a chartered California municipal corporation (“City”), with its principal place of business located at 450 Civic Center Plaza, Richmond, California 94804 and LIEBERT CASSIDY WHITMORE comprised of attorneys licensed to practice law in the State of California (“Special Counsel”) with its principal place of business located at, 135 MAIN STREET, 7TH FLOORE, SAN FRANCISCO, CA 94105. Special Counsel may be referred to herein individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”
RECITALS
The following recitals are as follows:
A. City desires to secure professional services more fully described in this Agreement; and, B. Special Counsel represents that it has the professional qualifications, expertise, necessary licenses and desire to provide legal services of the quality and type, which meet objectives, and requirements of City.
AGREEMENT PROVISIONS
The Parties agree as follows:
1. RETENTION OF FIRM.
A. City hereby confirms, retains, and authorizes Special Counsel to represent City and provide legal services as may be requested, from time to time, orally or in writing, by authorized representatives of City on an as-needed basis. By this Agreement, City is retaining Special Counsel and not individual members of the Special Counsel. Special Counsel’s client is the City, as a public entity, and not any of its individual members, groups of individuals or any other entity.
B. The Special Counsel shall report to and receive direction from the City Attorney only and not from any other Department Head or City staff.
C. Special Counsel shall perform such legal services for and on behalf of City under the primary direction of the City Attorney. Special Counsel shall undertake, subject to approval of the City Attorney, additional duties as may be authorized by City from DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 280
2 time to time under the terms and conditions of this Agreement.
2. DESCRIPTION OF SERVICES TO BE PROVIDED.
These services may include, but are not limited to, providing advice and counsel on legal matters affecting City, performing legal research, representing City in judicial proceedings in state and/or federal court or other dispute resolution forums or before administrative agencies, negotiating contracts and drafting contracts, correspondence and other legal documents as may become necessary. These services shall also include the preparation and delivery of status reports to City as specified in paragraph 11 of this Agreement.
3. TERM OF AGREEMENT.
The services of Special Counsel are to commence upon the Effective Date of this Agreement and shall terminate on JUNE 30, 2023, unless the parties extend the Agreement in writing. The services shall be undertaken and completed in such sequence as to assure their completion as expeditiously as is consistent with professional skill and care.
4. ASSIGNMENT OF DUTIES.
It is contemplated that no other attorney will be assigned from Special Counsel other than JACK HUGHES & TONY G. CARVALHO. It is agreed by and between the Parties that should it be desirable for any attorney other than JACK HUGHES & TONY G.
CARVALHO to work under this Agreement, such attorney may only be added with the express oral consent of the City Attorney. Should any associate in the Special Counsel be assigned any task under this Agreement that exceeds three (3) billable hours per month, City Attorney should approve the assignment of such associate orally.
5. PUBLIC FUNDING.
Special Counsel and City mutually recognize that Special Counsel’s services under this Agreement are being paid for with tax dollars from citizens and taxpayers of the City of Richmond, California, and that, given this fact, a heightened duty of care exists in both Special Counsel and City to ensure that Special Counsel scrupulously adheres to principles of moderation, frugality, and cost consciousness in carrying forth the goals of this Agreement. Special Counsel and each of its attorneys pledge themselves to scrupulously observe a duty of reasonableness and cost effective representation in all aspects of this Agreement.
6. PAYMENT FOR SERVICE.
In consideration for Special Counsel’s performance of legal services on behalf of City under the terms of this Agreement, and upon review and approval of Special Counsel’s bill by the City Attorney, Special Counsel shall be compensated at the preapproved DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 281
3 hourly rates and for authorized expenses set forth in the “Scope of Work and Schedule of Fees and Charges” set forth in Exhibit A, attached and incorporated by this reference.
Fees for services performed by retained consultants, subcontractors, experts or other personnel may be billed to City only if approved in writing by the City Attorney.
Exhibit A may be amended from time to time by letter agreement duly signed and approved by the City Attorney.
7. BILLING INVOICES.
Special Counsel shall, within thirty (30) days after the end of each month in which services are performed under this Agreement, submit to the City an itemized bill describing in detail the specific services performed as set forth in this Agreement. Special Counsel shall adhere to the Protocols and Guidelines set forth in Exhibit B, attached and incorporated by this reference. The bill shall be electronically submitted to:
[email protected]
8. BILLING.
Special Counsel shall scrupulously examine all bills submitted for services rendered under this Agreement to assure that appropriate billing judgment is employed in billing City for service. Special Counsel shall not bill for hours other than those hours expressly devoted to the tasks approved in advance by the City Attorney. Special Counsel agrees it will not bill for time, which is not specifically devoted to the task(s). Special Counsel shall not use legal professionals for secretarial work and under no circumstances shall Special Counsel have lawyers billing for making copies, scheduling appointments, or taking care of matters or work that would otherwise be work performed by a law clerk, assistant or secretary.
9. TERMINATION.
Either Party may terminate this Agreement by providing written notice to the other. Any termination hereunder shall become effective immediately upon receipt of written notice of termination; provided, however, that Special Counsel may exercise its right of termination only to the extent and under terms and conditions consistent with the obligations of Special Counsel under the Rules of Professional Conduct of the State Bar of California; and provided, that in the event of termination, the amount due Special Counsel for services rendered and costs and expenses incurred prior to termination shall remain due and payable. Special Counsel agrees to turn over to any attorney substituted in its place, the entire file and attorney work product regarding any such matter within seven (7) days of any such termination.
10. CONFLICTS OF INTEREST.
A. No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any discretion, function, or responsibility in connection with the carrying out of any project to which this Agreement pertains, DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 282
4 shall have any personal interest, direct or indirect, in this Agreement.
B. Special Counsel agrees to secure the informed written consent of the City Attorney before accepting any representation adverse to the City (actual or apparent) during the term of this Agreement, and to forego the representation if the City Attorney, in his or her sole discretion, objects for any reason. This provision is intended to provide rights to the City above and beyond the rights Special Counsel owes to the City under all applicable rules of professional conduct relating to conflict of interest.
11. ASSIGNMENTS AND SUCCESSORS IN INTEREST.
City and Special Counsel bind themselves, their partners, successors, assigns, executors, and administrators to the terms of this Agreement. Except as otherwise set forth in this Agreement, no interest in this Agreement or any of the work provided for in this Agreement shall be assigned or transferred, either voluntarily or by operation of law, without the prior written approval of the City Attorney.
12. AUDITS, RECORDS, AND DOCUMENTATION.
A. The City and any other federal, State or local governmental agency, and any of their authorized auditors or representatives, including auditors, shall have access to, and the right to audit and reproduce any of Special Counsel's records to the extent the City or such other governmental agency deems necessary to ensure that City is paying only the amounts to which Special Counsel is properly entitled or for other purposes relating to the Agreement. Special Counsel shall assist the City in responding to any requests from the City’s auditors, and Special Counsel shall not bill the City for any time spent responding to any such audit requests.
B. Special Counsel shall maintain complete and accurate records of the services provided to City and expenses incurred on behalf of City. Special Counsel shall maintain and preserve all such records for at least three (3) years after termination of the Agreement or until an audit has been completed and accepted in writing by City.
Upon written notice by the City, the Special Counsel shall promptly make all such records available to auditors or other representatives of the City or other governmental agencies.
13. NON-DISCRIMINATION.
A. Special Counsel agrees to observe the provisions of Section 2.28.030 of the Municipal Code of the City of Richmond, obligating every contractor or subcontractor under a contract or subcontract with the City of Richmond for services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, sexual orientation, gender identity, religious creed, national origin or ancestry of DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 283
5 any employee, any applicant for employment or any potential subcontractor.
Said Section 2.28.030 is, by this reference, a part of this Agreement.
B. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
14. HOLD HARMLESS/INDEMNIFICATION.
Special Counsel agrees to indemnify, hold harmless, release and defend to the maximum extent permitted by law, and covenants not to sue, the City, its City Council and each member thereof, and its officers, employees, commission members and representatives, from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation) which in whole or in part result from, or arise out of, any negligent acts, errors or omissions (including, without limitation, professional negligence) of Special Counsel, its employees, representatives, subcontractors, or agents in connection with the performance of this Agreement. This Agreement to indemnify, hold harmless, release and defend includes, but is not limited to, personal injury (including death at any time) and property or other damage (including, but without limitation, contract or tort or patent, copyright, trade secret or trademark infringement) sustained by any person or persons (including, but not limited to, companies, or corporations, Special Counsel and its employees or agents, and members of the general public).
15. INSURANCE REQUIREMENTS.
Special Counsel shall maintain in full force and effect the following insurance policies:
A. Commercial general liability policy (bodily injury and property damage); B. Worker’s compensation/employer’s liability policy;
C. Business automobile liability insurance policy; and, D. Professional liability policy.
Said policies shall be maintained with respect to employees and vehicles assigned to the performance of work under this Agreement with coverage amounts, endorsements, certificates of insurance and coverage verifications as defined in Exhibit G, attached to this Agreement, and incorporated by this reference.
16. CONFIDENTIALITY AND MEDIA STATEMENTS.
The data, information and reports acquired or prepared by Special Counsel in connection with matters upon which the City has retained Special Counsel shall not be shown or distributed to any other public or private person or entity except as authorized by the City Attorney and in no event prior to having been first disclosed to the City Attorney. All information, documents, records, reports, data or other materials furnished by City to DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 284
6 Special Counsel or other such information, documents, records, data or other materials to which the Special Counsel has access during its performance pursuant to this Agreement are deemed confidential and shall remain the property of City. Special Counsel shall not make oral or written disclosure of such documents or materials, other than as necessary for its performance under this Agreement, without the prior written approval of the City Attorney. Special Counsel shall not provide any written or oral statements to the media without the prior written authorization of the City Attorney. .
C. If Special Counsel is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this Agreement, it will be in default of this Agreement. Thereupon, City will have the power to cancel or suspend this Agreement, in whole or in part.
17. AMENDMENTS.
This Agreement, including any Exhibits attached to it, represents the entire understanding of the Parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may be modified only by a written amendment duly executed by the Parties to this Agreement.
18. ENGAGEMENT OF OTHER COUNSEL, SPECIALISTS, OR EXPERTS.
Special Counsel will not engage or otherwise incur an obligation to pay other counsel, specialists, or experts for services in connection with this Agreement without the prior written approval of the City Attorney.
19. NOTICES.
All notices, pleadings, reports or other communication to the Parties shall be properly sent via electronic mail to [email protected] and to Special Counsel at its principal place of business listed on page one of this Agreement.
Either Party may change its address for receipt of notices under this Agreement by notice given in the manner provided herein.
20. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County
21. INVALID PROVISIONS.
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7 If any provision of this Agreement is held to be illegal, invalid or unenforceable, in full or in part, then such provision shall be modified to the minimum extent necessary to make the provision legal, valid and enforceable, and the other provisions of this Agreement shall not be affected thereby
22. LICENSE REQUIREMENTS.
Special Counsel shall demonstrate that the attorney(s) who provide legal services to City under this Agreement are licensed to practice law in the State of California and, if not, indicate to the satisfaction of the City Attorney why such license is not required to perform the services required
23. LAW GOVERNING AGREEMENT.
This Agreement shall be interpreted under the laws of the State of California. All claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within Contra Costa County.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
LIEBERT CASSIDY WHITMORE
By:_______________________________
Title:_____________________________
CITY OF RICHMOND
____________________________
Mayor/ City Manager
Name:______________________
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF Managing Partner
DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 Eduardo Martinez
286
8 APPROVED AS TO FORM:
__________________________
City Attorney
ATTEST:
City Clerk
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Exhibit A
9 SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City’s chief negotiator in negotiations with the City’s represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.
City of Richmond Contact Attorney: Dave Aleshire
Schedule of Fees & Charges:
Hourly Rates
PARTNER(S) $380/hour
ASSOCIATE(S) $240-300/hour
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One-Hundred Sixty-Five Thousand Dollars ($165,000) for attorneys’ fees and reimbursements.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 288
Exhibit B
10 BILLING PROTOCOLS/GUIDELINES
The City of Richmond (“City”) has adopted the following protocols for billing, budgeting, and planning for projects involving outside counsel. Special Counsel will be required to comply with this protocol. If you have questions concerning it, please contact the City Attorney for clarification. In the event you wish to negotiate changes due to the internal operation of your firm, please raise them in writing as soon as possible. Any changes to this protocol will need prior, written approval from the City Attorney. In the interest of fairness, all Special Counsel is required to comply with this protocol. This protocol is also to be used in conjunction with any new proposal for services.
These protocols and guidelines are instituted to ensure that Special Counsel conveys the information necessary for the City Attorney to manage outside projects and litigation.
Also, because these guidelines are set out in advance, they are designed to minimize any confusion or misunderstanding. Compliance with these guidelines should enhance the attorney-client relationship. If you have any comments or suggestions that could improve this system, please feel free to contact the City Attorney.
I. BILLING FORMAT
Unless otherwise agreed, the following information must be provided in monthly bills:
a. A detailed description of work, in time increments of .1 hour (one tenth of an hour) for and by each and every individual billing services. b. Identification of the lawyer who is in charge of the matter. c. Reasonably detailed disbursement breakdowns with backup documentation of any individual charge exceeding $100.00.
d. Each billing item must be separately stated on a separate line identifying the individual performing the services, the time spent and the exact nature of the service rendered.
e. When charges are made for research time, the specific issue being researched and the need for the research should be identified.
f. Each item billed should be coded to a specific litigation budget line item, if applicable.
g. The City Attorney reserves the right to request various levels of detail and specific formats (such as columnar comparisons with established budgets).
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Exhibit B
11 II. BILLING GUIDELINES
a. All tasks set forth in Special Counsel’s billing documentation shall be specific and detailed. Overly generalized listings of task descriptions such as “review contract” or “prepare for negotiations” are not acceptable. b. Billings under this Agreement shall not be provided in more than six (6) minute increments and shall represent the devotion of a full six minutes before an increment is billed. Under no circumstances shall Special Counsel use “block billing” procedures, wherein a list or series of activities is done each day with only an aggregate amount of time specified. c. Special Counsel shall keep the City advised of the identity and billing rates of those people working on the project account.
d. All time shall be billed within 30 days of the end of the month in which services were performed.
e. Counsel shall advise City whenever it anticipates the amount of services necessary to properly execute the task will exceed the amount of the contract.
When accrued billings are equal to eighty percent (80%) of the Payment Limit, written notice shall be given to the City as soon as possible, via e-mail, to the City Attorney’s Office, of this fact. In order to satisfy this notification requirement, Counsel shall monitor its accrued billings on a weekly basis and immediately notify the City Attorney if the eighty percent (80%) threshold is met. Special Counsel acknowledges the fiscal constraints on City funding and therefore Special Counsel assumes risk of non-payment for services rendered in the event the amount of services rendered exceeds the amount of the contract unless prior written authorization is received. Authorization to exceed the amount set forth in Exhibit A may be given only by City Attorney in writing.
f. Only those attorneys approved by the City may bill on the case. g. The City expects the attorney assigned to the case to handle all significant matters in the litigation. The City Attorney must approve in advance the assignment of other attorneys to the litigation or project. The City may request that the assigned work be instead handled by the primary attorney. h. Special Counsel shall not charge for more than one attorney at any hearing, deposition, or meeting of any kind without advance approval of the City Attorney.
i. No more than two paraprofessionals may bill on a particular case without the prior approval of the City.
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Exhibit B
12 j. The City has retained Special Counsel for its expertise, and therefore expects not to be billed for introductory or background research. City appreciates when Special Counsel has researched an issue previously and uses that research on present cases or projects. Do not charge the City for work Special Counsel has done and billed another client for in the past. k. Within thirty (30) days of the Effective Date of this Agreement, Special Counsel shall provide any manuals or policies describing Special Counsel’s billing practices.
l. The City does not allow “double billing” of any sort. If Special Counsel is working on another client’s matter, do not bill City for that time. This applies to travel time or any other matter.
m. Training time is not billable. Law clerks may be used only with prior approval.
n. City will not pay for new attorneys to “get up to speed” on a file unless it has been preapproved.
o. If a matter arises that requires Special Counsel to open a new file, the City Attorney should be informed immediately.
p. City reserves the right to require additional substantiation of any item of claimed expense.
III. REIMBURSEMENTS
a. The City will reimburse Special Counsel for the following expenses, and for no other expenses:
Actual printing costs;
Copying costs at $.12 / page (for legal documents and file materials, but not library materials);
Actual cost of postage (including express mail delivery charges); Facsimile charges at the rate of $0.25 per page;
Computer research support services (e.g., Westlaw, LEXIS or computer time or services) at actual cost, but not to exceed 15% of the total fees for all legal services;
Actual cost of long distance telephone calls;
Transcription and reporter's fees; and
Reasonable travel. The City does not pay for meals unless Attorney is required to be away from office for one full day. All meals and/or travel reimbursements will be subject to approval by the City Attorney. Travel expenses are limited to the lesser of actual expenses or expenses that would be authorized for City employee travel pursuant to City policy.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 291
Exhibit B
13 b. The City Attorney must approve in advance any single reimbursement item in excess of $250.
c. Any expense other than those listed in section “a.” must be approved by the City Attorney in writing and in advance in an approved budget. d. No compensation shall be allowed for administrative overhead or premiums added to the direct cost of research support or other services. e. Court filings shall be prepared in a timely manner so that “rush” or “expedited” messenger fees are not incurred.
f. Messenger and other charges in excess of actual costs are not permitted. City does not allow cost, plus a percentage, for actual outside costs g. City does not pay for secretarial time or secretarial overtime. City does not pay attorneys or paralegals for secretarial tasks or tasks that should not be included in Special Counsel’s overhead. For example, faxing, mailing, arranging for messengers and calendaring are not acceptable charges. h. City does not pay for billing or discussions of bills, including discussions initiated by the City or City’s requests for additional information about a bill. i. The practice of minimum billing charges is prohibited. Please charge for actual time spent. For example, a minimum of .2 for phone calls or .4 for letters is unreasonable unless it is an accurate measure of time spent. j. Do not charge for file opening or file closing. These are not true legal services, tasks or adequate descriptions of legal activities.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 292
Exhibit C
14 PROJECT PLAN AND BUDGET
Project plans and budgets should conform to the following guidelines:
a. The project plan shall include a projection of recommended strategies and actions to be taken in the project and a range of costs for each such strategy or action. b. If the scope of work includes representation of the City in litigation, the project plan shall include the following elements, with explanations:
Anticipated total costs;
The primary issues;
The probability of success; and
A settlement/trial recommendation
The project plan will be modified during the litigation as the need arises. c. The project budget shall include an estimate of the attorneys' hours and fees and disbursements during each phase and/or activity. All anticipated expenses must be listed and costs estimated.
d. In the event of litigation, the project budget shall include, but not be limited to, estimates for:
Pre-commencement (legal and factual research for the complaint or answer); Pleadings;
Preliminary motions;
Initial discovery;
Factual investigation of merits (interviewing clients, employees and third parties);
Review and abstract City's documents;
Expert (non-medical) investigation and reports;
Medical experts and examinations;
Legal research on merits;
More thorough discovery (including the identity of deponents and expected costs of each deposition and preparation);
Settlement negotiations;
Trial preparation; and
Trial.
e. The project budget should include the anticipated cost of each line item, the time allotted to complete it and the professional level of the person handling it. f. The project budget is not a fixed fee agreement and is subject to revision. g. Special Counsel shall provide revisions to the project plan or budget at the request of the City Attorney.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 293
Exhibit C
15 h. Special Counsel understands and agrees that major unjustified deviations from the project budget, or failure to timely submit a project budget or revisions, if requested, may constitute a breach and result in termination of this Agreement.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 294
Exhibit D
16 California Joint Powers Risk Management Authority
Mandatory Case Reporting Policy
Pursuant to Section VII (Conditions) of the Memorandum of Coverage, the following rule is applicable to all cases reported to CJPRMA.
The Authority shall be entitled to complete access to the covered party’s claim file, the defense attorney’s complete file, and all investigation material and reports, including all evaluations and information on negotiations. The covered party shall be responsible to report the progress of the litigation and any significant developments at least quarterly to the Authority, and to provide the Authority with simultaneous copies of all correspondence provided to the covered party by its defense attorneys and/or its agents.
In addition, the CJPRMA Board of Directors has adopted the following mandatory case reporting standards:
1) Defense counsel is expected to provide a written analysis of liability and exposure in any reported claim no later than ninety days following receipt of the file from the member agency. CJPRMA understands that the liability picture may develop as discovery is ongoing, but this does not excuse the responsibility of providing an early, objective analysis of the file, subject to later developments. An early analysis not only permits the JPA member to set an accurate reserve level, but also permits the member entity to decide whether to actively litigate the case, try to settle the case, or limit discovery based upon the exposure.
2) The initial status report should provide, at a minimum, a brief synopsis of the facts giving rise to the lawsuit; the status of the pleadings, including any discussions of demurrers or motions to dismiss, or cross-complaints; a summary and analysis of plaintiff’s injuries, damages and exposures in the case; an initial impression of liability; any requests for additional investigation; a brief outline of the discovery planned; and an evaluation of anticipated litigation costs. The report need not be lengthy, and typically might not exceed three to five pages, but must address the issues directly and in a straightforward manner so that the member entity and CJPRMA can set cost and loss reserves as necessary. 3) Defense counsel is responsible to report, in writing, the setting of a trial date, settlement conference date, hearing date on motion for summary judgment or similar dispositive motion in any litigated case, within one week of the date on which a court establishes such date.
4) Defense counsel is responsible to report, in writing, all settlement demands or offers within one week of the time the offer is made or the demand is received.
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Exhibit D
17 5) Defense counsel is responsible to report, in writing, on the substance of all depositions taken in the case. This need not be a multi-page deposition summary, but must, at a minimum, include a concise report of major events occurring at the deposition, and an evaluation of the effect of the deposition testimony on the case. 6) Finally, no later than sixty days before the date set for trial in any case, defense counsel is responsible to report, in writing, on (1) an assessment of liability in the case, (2) the adverse potential exposure if liability is found, (3) a concise summary of injuries sustained and/or claims, (4) an assessment of any other factors (such as local jury tendencies, appearance of important witnesses, etc.) that may affect the liability analysis or exposure assessment, and (5) an opinion on the settlement value of the case. 7) All status reports from defense counsel must be copied to the CJPRMA Board member whose entity is involved in the claim.
This policy is designed to protect the member entity and CJPRMA, so that they can make informed litigation decisions on reported cases. Past experience has shown that defense counsel retained by the member entities of CJPRMA are high-caliber, hard working attorneys who have done very well for their clients, and CJPRMA is grateful for their efforts. Defense counsel are cautioned, however, that case reporting is given a high priority by CJPRMA and its members, and is a major consideration in evaluating counsel’s performance.
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Exhibit E
18 LITIGATION GUIDELINES
The following guidelines should be followed when the scope of work includes representing the City in litigation:
a. The Special Counsel shall consult the City Attorney regarding the component parts of litigation handled so that the City Attorney, in consultation with the City Council, if necessary, can determine whether a particular activity is reasonable in light of its costs and benefits.
b. The City Attorney must approve the identity and number of staff assigned to the litigation, and any changes.
c. All pleadings shall be submitted to the City Attorney for review prior to filing. d. Copies of major work product, pleadings, motions, orders, decisions, research memoranda, reports on significant developments, and quarterly status reports shall be submitted to keep the City Attorney advised of any major developments in the lawsuit.
Such copies shall be provided in electronic format compatible with software in the City Attorney’s office.
e. Generally, the City Attorney will rely upon Special Counsel for guidance on litigation strategy. Nonetheless, prior approval from the City Attorney is necessary for demurrers, motions for summary judgment and discovery motions.
f. City expects that Special Counsel will resolve all discovery disputes without court intervention. If this is impossible due to the conduct of others, please inform the City Attorney immediately. City’s intent is to have discovery be fair and open with the money spent on reviewing relevant items that are discovered, not on discovery battles. g. Provide full descriptions of legal tasks performed. This will help the City Attorney follow case development and understand Firm’s strategy. h. Some types of litigation-related expenses require prior approval by the City Attorney, including, but not limited to, experts and investigators. Expenses over a certain dollar amount always require prior approval. See Section III (Reimbursements) of Exhibit B (Billing Protocols and Guidelines) of this Agreement for a list of those expenses that may be reimbursed.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 297
Exhibit F
19 SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, an authorized agent of (hereafter
"Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”). Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this Statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of , 20 , at _________ , California.
Printed Name: Title:
Signed: Date:
Business Entity:
Vendor SCCO Compliance Statement (Augt2020)
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 298
Exhibit G
20 City of Richmond - Insurance Requirements - Type 2:
Professional Services
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.
CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).
3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.
6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease. If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 299
Exhibit G
21 City of Richmond - Insurance Requirements - Type 2:
Professional Services
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.
PROJECT COST
$0 - $1 million
$1 million - $5 million
Over $5 million
REQUIRED LIMIT
$1 million p/o
$2 million p/o
$5 million p/o
Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.
DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 300
Exhibit G
22 City of Richmond - Insurance Requirements - Type 2:
Professional Services
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable DocuSign Envelope ID: 9465A863-80AF-496B-B5F2-2F827227B0EF DocuSign Envelope ID: FBA71515-6103-4C19-A21F-E2FDD41CF366 301
First Amendment to Agreement for Legal Services
A-1
FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BY AND BETWEEN
THE CITY OF RICHMOND
AND
LIEBERT CASSIDY WHITMORE
This First Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Counsel”) (the “First Amendment”) is entered into as of June 20, 2023, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and increase the compensation; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by Two Hundred Fifty Thousand Dollars ($250,000); and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term of the agreement to June 30, 2024; and WHEREAS, the City and Special Counsel now desire for Special Counsel to include Lisa Charbonneau in its representation of the City; and WHEREAS, the City and Special Counsel desire to amend the Original Agreement pursuant to this First Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this First Amendment.
2. Effect of First Amendment. Except as provided in this First Amendment, all other terms of the Original Agreement shall remain in full force and effect.
3. Counterparts. This First Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 302
First Amendment to Agreement for Legal Services
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IN WITNESS WHEREOF, the City and Special Counsel have caused this First Amendment to be effective as of the last date written above.
CITY OF RICHMOND LIEBERT CASSIDY WHITMORE
________________________ By __________________________
Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
/City Manager
DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F Managing Partner
DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 303
First Amendment to Agreement for Legal Services
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Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City's chief negotiator in negotiations with the City's represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.
City of Richmond Contact Attorney: Shannon Moore, Chief Assistant City Attorney Schedule of Fees & Charges:
Hourly Rates:
PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00
HUMAN RESOURCES
CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements" shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of Four Hundred Fifteen Thousand Dollars ($415,000) for attorneys’ fees and reimbursements.
DocuSign Envelope ID: 4CBF659B-98A1-4A37-BF6F-CA53FEFBE96F DocuSign Envelope ID: 265B809D-93B2-4ACA-BA6F-5E2EC8D2025E 304
DocuSign Envelope ID: 74B36F57-A53D-40A1-A63E-211EE69013ED 305
DocuSign Envelope ID: 74B36F57-A53D-40A1-A63E-211EE69013ED 306
DocuSign Envelope ID: 74B36F57-A53D-40A1-A63E-211EE69013ED 307
LCW (Labor)—3
rd Amend to LSA
DocID #53860v1
A-1
THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
LIEBERT CASSIDY WHITMORE
This Third Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Counsel”) (the "Third Amendment") is entered into as of October 7, 2025, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on July 1, 2022 for an amount not to exceed $165,000 and term ending June 30, 2023; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on June 20, 2023 to extend the term to June 30, 2024 and to increase the compensation limit by $250,000; and
WHEREAS, the City and Special Counsel entered into a Second Amendment of the Original Agreement on April 16, 2024 to extend the term to June 30, 2026 and to increase the compensation limit by $750,000; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to increase the compensation limit by $400,000; and WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Third Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Third Amendment.
2. Effect of Third Amendment. Except as provided in this Third Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Third Amendment increases the compensation by $400,000.
3. Counterparts. This Third Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
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LCW (Labor)—3
rd Amend to LSA
DocID #53860v1
A-2
IN WITNESS WHEREOF, the City and Special Counsel have caused this Third Amendment to be effective as of the last date written above.
CITY OF RICHMOND LIEBERT CASSIDY WHITMORE
________________________ By __________________________
Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
Docusign Envelope ID: 728D2ABE-D7CE-4F51-8DEB-0FCA80968FB6 Firm Managing Partner
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rd Amend to LSA
DocID #53860v1
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City's chief negotiator in negotiations with the City's represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon Moore, Chief Assistant City Attorney
Schedule of Fees & Charges:
Hourly Rates:
PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00
HUMAN RESOURCES
CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million Five Hundred Sixty-Five Thousand Dollars ($1,565,000) for attorneys’ fees and reimbursements.
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LCW (Labor)—4th Amend to LSA
DocID #72606v1
A-1
FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
BETWEEN
THE CITY OF RICHMOND
AND
LIEBERT CASSIDY WHITMORE
This Fourth Amendment to the Agreement for Legal Services between the City of Richmond (“City”) and LIEBERT CASSIDY WHITMORE (“Special Counsel”) (the "Fourth Amendment") is entered into as of June 16, 2026, by and between the City and Special Counsel with reference to the following facts:
RECITALS
WHEREAS, the City and Special Counsel entered into that certain Legal Services Agreement (“Original Agreement”) for representation of the City and City-related entities on July 1, 2022 for an amount not to exceed $165,000 and term ending June 30, 2023; and
WHEREAS, the City and Special Counsel entered into the First Amendment to the Original Agreement on June 20, 2023 to extend the term to June 30, 2024 and to increase the compensation limit by $250,000; and
WHEREAS, the City and Special Counsel entered into a Second Amendment of the Original Agreement on April 16, 2024 to extend the term to June 30, 2026 and to increase the compensation limit by $750,000; and
WHEREAS, the City and Special Counsel entered into a Third Amendment of the Original Agreement on October 7, 2025 to increase the compensation limit by $400,000; and
WHEREAS, the City now desires for Special Counsel to continue its representation of the City and to extend the term to June 30, 2027 and increase the compensation limit by $400,000 and;
WHEREAS, the City and Special Counsel desire to further amend the Original Agreement pursuant to this Fourth Amendment.
NOW, THEREFORE, in consideration of the recitals hereof, and other mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Special Counsel agree as follows:
1. Amendment. Exhibit A of the Original Agreement, “Scope of Work and Schedule of Fees & Charges,” is hereby amended to read as shown in Attachment 1 to this Fourth Amendment.
2. Effect of Fourth Amendment. Except as provided in this Fourth Amendment, all other terms of the Original Agreement shall remain in full force and effect, and this Fourth Amendment increases the compensation by $400,000 and extends the term to June 30, 2027.
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DocID #72606v1
A-2
3. Counterparts. This Fourth Amendment may be executed in counterparts each of which shall be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City and Special Counsel have caused this Fourth Amendment to be effective as of the last date written above.
CITY OF RICHMOND LIEBERT CASSIDY WHITMORE
________________________ By __________________________
Mayor
Title _________________________
Attest:
By: _____________________
City Clerk
Approved as to form:
By: _____________________
City Attorney
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DocID #72606v1
A-3
Attachment 1
SCOPE OF WORK AND SCHEDULE OF FEES & CHARGES
Scope of work:
Special Counsel shall provide legal advice to the City on an as-needed basis regarding labor and employment issues, represent the City in personnel disciplinary matters, and act as the City's chief negotiator in negotiations with the City's represented employee bargaining units. In addition, Special Counsel shall provide training programs for City employees.
Special Counsel’s point(s) of contact in the City of Richmond City Attorney’s office is/are:
Shannon Moore, Interim City Attorney
Schedule of Fees & Charges:
Hourly Rates:
PARTNERS $435.00
SENIOR COUNSEL $365.00
ASSOCIATES $260.00 - $345.00
LABOR RELATIONS/ $280.00
HUMAN RESOURCES
CONSULTANT
PARALEGALS $145.00
E-DISCOVERY SPECIALISTS $145.00
LAW CLERKS $145.00 - $185.00
COMPENSATION
Only those costs and expenses set forth in Section III of Exhibit "B", entitled "Reimbursements", shall be paid to Special Counsel.
Total compensation for legal services and reimbursements shall be charged in accordance with Exhibits "A" and "B" and shall not exceed the sum of One Million Nine Hundred Sixty-Five Thousand Dollars ($1,965,000) for attorneys’ fees and reimbursements.
313
June 16, 2026
City Clerk's Office
DATE: June 16, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Pamela Christian, City Clerk
Subject: Contract with eScribe Software Ltd. for Agenda Preparation and Management System
FINANCIAL IMPACT: The proposed $56,251.20 expenditure for the first year of the contract is included within the approved Fiscal Year 2025-2026 City Clerk’s Office budget, with an eight
percent increase each subsequent year (Account String:
01141013-400209).
PREVIOUS COUNCIL
ACTION:
April 27, 2021
STATEMENT OF THE
ISSUE:
The current contract with our agenda management
system provider (eScribe) will expire on June 30, 2026, and in order to avoid service disruption and potential
compliance risks, City staff recommend a sole-source
contract with eScribe to continue prior services.
RECOMMENDED ACTION: APPROVE a sole-source contract with eScribe Software Ltd. for agenda management software and related
support services for the production and publication of City Council agendas and agenda packets, for a three-year
term from July 1, 2026, through June 30, 2029, in an
amount not to exceed $56,251.20 for the first year, with annual increases of up to eight percent in each
subsequent year – City Clerk’s Office (Pamela Christian 510-620-6513).
AGENDA
REPORT
314
June 16, 2026
DISCUSSION:
The City of Richmond contracted with eScribe on April 27, 2021, when our previous agenda management system (SIRE) sunset. The transition from SIRE to eScribe was a major undertaking. The current contract with eScribe expires June 30, 2026, and staff recommend approving a sole-source contract with eScribe for an additional three years to continue prior work.
Transitioning to a new agenda management system would require extensive data migration, staff time and retraining, and reconfiguration of public-facing systems, resulting in service disruption and potential compliance risks. It is recommended that the City of Richmond continue with eScribe for an additional three years to allow staff time to research other potential agenda management systems currently used by other jurisdictions that may be more suitable for the needs of the City of Richmond.
DOCUMENTS ATTACHED:
Attachment 1 – Original Contract
Attachment 2 – Two-month extension to original contract Attachment 3 – New three-year contract
Attachment 4 – Sole-Source
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Subscription Agreement
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Subscription Agreement 2021
This Subscription Agreement (the "Agreement") together with any appendices referenced herein and attached hereto, is dated the ______day of ______, 2021; BETWEEN:
eSCRIBE Software Ltd. (“eSCRIBE”)
- and -
City of Richmond (“Customer”)
WHEREAS, eSCRIBE (and/or its affiliates) has developed certain proprietary software applications and platforms for the purpose of meeting and agenda automation which it makes available as services via the internet (the "Services").
NOW THEREFORE, the Customer desires to use the Services in accordance with the terms and conditions of this Agreement.
Definitions
“Customer Data” shall mean electronic data and information uploaded or inputted to the Services or created, generated or produced by the Customer during Use of the Services.
“Data Storage: refers to the online electronic secure storage of Customer Data during the Use of the Services.
“Documentation” includes any and all printed or electronic guides and manuals, including sales, marketing and training materials provided by eSCRIBE for the proper Use of the Services.
“Implementation Services” refers to the configuration and training services, and other services set out in Appendix C.
“Personal Information” means information which relates to an identified or identifiable individual, and includes any information defined from time to time as “personal information” under applicable State or Federal privacy legislation.
“Location” refers to the location of the Customer entities authorized to Use the Services as set out in Appendix D.
“Support Services” shall mean the technical support and product updates for the Services as made available under eSCRIBE's Support Services set out in Appendix B.
“Taxes” refers to all present or future sales tax, consumption tax and similar taxes.
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Subscription Agreement 2021
“Use” shall mean the ability for the Customer to login with username and password and access the Services via the internet.
1. Services
a. eSCRIBE shall provide the Implementation Services, the Services and the Documentation to the Customer subject to the terms of this Agreement.
b. eSCRIBE shall provide the Implementation Services in a professional, timely, and competent manner and in accordance with industry standards. eSCRIBE shall make every effort and take all appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer, in such a manner as is in the best interests of the Customer, and in compliance with all federal and state laws, local by-laws, and policies and procedures of the Customer. c. eSCRIBE shall make the Services available twenty-four (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year. Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer’s designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eSCRIBE for any twelve (12) month period is hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eSCRIBE becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved and the Services are restored. In the event that eSCRIBE becomes aware that the Services are unavailable for Use, eSCRIBE shall notify the Customer immediately.
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Rt
Mayor
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Subscription Agreement 2021
d. The Customer may not make available the Service for Use by any third parties.
e. The Customer may not directly or indirectly through any third parties attempt to reverse-engineer or de-compile the operation of the Services in any manner through current or future available technologies, except that Customer may modify the Customer Data to the extent and in the manner described in the Documentation. f. Customer Data, which shall be hosted in The United States along with all copies and backups, together with all intellectual property rights therein, will belong to the Customer and the Customer remains the sole and exclusive owner of the Customer Data. During the Term of this Agreement, the Customer may retrieve such data from the Services at any time and, within ten (10) days of the Customer’s request, eSCRIBE will make available any Customer Data that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4). eSCRIBE shall not access, use, disclose, sell, rent, transfer or copy the Customer Data for any purpose (or authorize or permit a third party to perform such acts) other than as required to perform eSCRIBE’s obligations pursuant to this Agreement.
g. At the execution of this Agreement and during the Term, eSCRIBE represents and warrants to and in favor of the Customer and acknowledges that the Customer is relying thereon as follows:
i. eSCRIBE has the legal capacity and right to execute this Agreement and carry out and observe the provisions thereof to be performed or observed by eSCRIBE hereunder and to take all actions pursuant hereto and all necessary approvals have been given or obtained to authorize eSCRIBE to execute this Agreement and perform thereunder and to take all actions required pursuant hereto;
ii. eSCRIBE’s execution, delivery, and performance of this Agreement will not constitute a violation of any judgment, order or decree, a default under any agreement by which it or any of its assets are bound or an event that would, with notice or lapse of time, constitute such a default;
iii. eSCRIBE has the full and unencumbered right to grant to the Customer access to and use of the Services as provided in this Agreement, either through ownership or license, including upgrades, updates, improvements, modifications or
enhancements to the Services including any third party
components embedded in the Services, and that the rights DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 318
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granted herein will not violate the terms of its agreements with any third parties;
iv. The Implementation Services and the Customer’s access to or use of the Services or of the Documentation do not and will not conflict with, infringe upon or violate and are not alleged by any person to conflict with, infringe upon or violate the intellectual property rights of any other person. In addition, there are no existing or threatened legal proceedings brought against eSCRIBE in respect of the Services, the Documentation or the Implementation Services, or eSCRIBE’s right to grant others the right to access and use the Services or the Documentation.
Should eSCRIBE become aware of any such conflict,
infringement or violation or potential conflict, infringement or violation, eSCRIBE will notify the Customer immediately; v. eSCRIBE’s proprietary software applications and platforms are free of spyware and malware of any kind;
vi. The Services and the Implementation Services provided by eSCRIBE hereunder will comply with the service and functional specifications set out in this Agreement, including the Documentation;
vii. eSCRIBE will provide personnel who have the necessary technical skills, qualifications, experience, and training to provide information and expertise to the Customer in
accordance with this Agreement; and
viii. The Documentation is complete and will allow the Customer to access and use the Services.
h. eSCRIBE shall retain such records in respect of the provision of the Implementation Services or of the Services and the fulfillment of its obligations hereunder as the Customer may from time to time reasonably require and shall make such records available at any time for inspection by the representatives of the Customer.
2. Support Services
a. During the Term of this Agreement, eSCRIBE will provide the Customer the Support Services as described in Appendix B.
3. Fees
a. The first year’s Subscription Fees and the Implementation Fees as described in Appendix C, are due upon the date of this Agreement.
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The Subscription Fees are due annually thereafter, and will increase from the previous year’s Subscription Fees by five percent (5%). b. Implementation Fees are for remote personnel. Optionally, should the Customer wish to have eSCRIBE provide onsite training, additional travel and living expenses would apply.
c. All fees and other charges set forth in this Agreement are exclusive of any and all applicable Taxes due to eSCRIBE from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eSCRIBE has received an amount equal to the payment otherwise required after such withholding or deduction.
d. Legacy Data fees if any, will be added to the annual Subscription Fees as set out in Appendix E.
e. All payments are due thirty (30) days from the date of invoice. a. All references to currency are in US Dollars.
4. Term
a. The term of this Agreement commences on the date of this Agreement for a period of five (5) years (the “Term”), and will automatically renew for an additional Term unless notice of cancellation is received 60 days prior to the expiry of the Term.
5. Termination
a. If either party is adjudged bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, makes any arrangement for the liquidation of its debts or a receiver or a receiver and manager is appointed with respect to all or any part of its assets, or commences winding up proceedings, or bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days (an “Event of Bankruptcy”), then the party affected by such an Event of Bankruptcy must immediately give notice thereof to the other party, and the other party at its option may terminate this Agreement upon written notice to such affected party. b. If this Agreement is terminated by the Customer before the end of the Term other than for a breach of this Agreement on the part of eSCRIBE, the Customer will be liable for a termination penalty amounting to 35% of the remaining Subscription Fees due to the end of the Agreement if terminated in the first year, 25% of the remaining DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 320
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Subscription Fees due to the end of the Agreement if terminated in the second year and 15% of the remaining Subscription Fees due to the end of the Term if terminated in the third year or subsequent year of the Agreement.
c. Either party may terminate this Agreement upon written notice to the other party in the event that one party breaches any term or condition of this Agreement, provided that the non-breaching party gives the other party notice of the breach, and such breach is not remedied to the non-breaching party’s satisfaction within ten (10) days after delivery of such notice.
d. Within thirty (30) days after the termination of this Agreement by Customer pursuant to section 5 (a) or section 5 (c), eSCRIBE shall refund to the Customer any Subscription Fees paid by the Customer for the period from the date of termination to the end of the Term on a pro-rated monthly basis commencing with the month following the date of termination.
e. Within thirty (30) days after the termination or expiration of this Agreement, eSCRIBE will make available any Customer Data that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4). After the thirty (30) day period, eSCRIBE will delete or destroy all copies of Customer Data in its possession or control, unless legally prohibited and upon request, provide the Customer with a certificate of destruction.
6. Limitation of Liability
a. Liability of eSCRIBE under this Agreement will be limited to the maximum amount of the annual Subscription Fees listed in Appendix A or the value of insurance listed in section 10, whichever is greater. eSCRIBE will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Customer arising out of the use or failure to use the Service.
7. Indemnity
a. eSCRIBE shall indemnify and hold harmless the Customer (including its elected officials, officers, representatives, agents, employees, volunteers, and affiliates) against any and all claims, demands, losses, suits, damages (including indirect, special, consequential, remote, and economic damages), fees, fines, royalties, liability, and expenses DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 321
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(including reasonable lawyer’s fees) arising out of any suit, claim or action relating to eSCRIBE’s performance or non-performance of its obligations pursuant to this Agreement, including any breach of any representation or warranty, or for actual or alleged direct or contributory infringement of, or inducement to infringe, any intellectual property right relating to the Implementation Services, the Services or the Documentation or for actual or alleged misuse or misappropriation of a trade secret resulting directly or indirectly from eSCRIBE’s action. These obligations of indemnity will survive the termination or expiration of this Agreement however caused. b. eSCRIBE shall have no liability hereunder for any claim of intellectual property infringement based on the combination, operation or use of the Service with software, hardware or other materials not furnished or approved in writing by eSCRIBE if such infringement would have been avoided without such software, hardware or other materials. c. In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eSCRIBE, to infringe or potentially infringe a third party’s rights, eSCRIBE shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be noninfringing; provided that such modification does not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue using the Service in its current state at no additional expense to the Customer, or (iii) if eSCRIBE determines that neither of the foregoing options are reasonably available, eSCRIBE may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services.
8. Confidentiality
a. "Confidential Information" means all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether verbal or in writing, that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information. The Customer’s confidential information includes Customer Data, and eSCRIBE’s confidential information includes the Services and Documentation. Confidential information of each party includes, the terms of this Agreement, as well as current and future technical specifications, product plans, features and roadmaps, business and marketing plans, customer lists and relationships, costs and pricing strategies, financial and employee DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 322
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information and records, as they may be disclosed by either party during the Term of this Agreement.
b. Confidential information does not include any information that (i) is or becomes publicly available without a breach of the terms of this Agreement, (ii) is received from a third-party without breach of any obligation owed to the Disclosing Party, or (iii) the Receiving Party is entitled to disclose in response to a court order or as otherwise required by law; provided that the Receiving Party notified the Disclosing Party prior to such disclosure forthwith after receipt of such order to give the Disclosing Party time to contest such order. c. All Confidential Information shall remain the sole property of the Disclosing Party.
d. The Receiving Party shall not divulge or disclose any Confidential Information communicated to or acquired by it, or disclosed by the Disclosing Party in the course of carrying out this Agreement. No Confidential Information will be used by the Receiving Party on any other project or for any other purpose without the prior written consent of the Disclosing Party, which consent may be not unreasonably withheld. The Receiving Party shall receive and store the Confidential Information with the same degree of care that it uses to protect the confidentiality of its own confidential information from unauthorized use, duplication or disclosure to third parties; provided such standard is no less than a reasonable standard considering the nature of the Confidential Information.
e. Upon termination or expiration of this Agreement, the Receiving Party shall immediately cease to use Confidential Information in any manner whatsoever, shall return to the Disclosing Party or securely destroy all Confidential Information, and shall not retain any copies of the Confidential Information.
f. eSCRIBE agrees and acknowledges that the Customer may be subject to State or Federal privacy legislation that may be in effect during the Term of this Agreement. The provisions of this section 8(f) supplement the terms of section 8 as it pertains to Confidential Information that is “Personal Information”. eSCRIBE acknowledges that in the course of its provision of the Software Services, it will be provided with and have access to Customer Data which includes “Personal Information”, and that such information is confidential. eSCRIBE agrees that such Personal Information will be used solely for the purposes of performing the Software Services and that it will safeguard such Personal Information by appropriate physical and technological means, including those specified in section 13. eSCRIBE will not, other than as required to provide the Software Services, DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 323
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disclose, transfer, sell, assign, publish or otherwise make available the Personal Information for its own use or the use of any other person or entity, except (and provided the Customer is promptly notified so as to permit it an opportunity to object to disclosure before it takes place, if feasible) where disclosure: (i) may be required to comply with a subpoena, warrant, or court order; (ii) is requested by a government institution that has the lawful authority to obtain the Personal Information; or (iii) is otherwise required by law. In addition, the Customer will be solely responsible for responding to any request by any Customer employee or other individual for access to, or correction of, any Personal Information. eSCRIBE will notify the Customer immediately of any breach of this section 8(f). g. These obligations of confidentiality will survive the termination or expiration of this Agreement however caused.
9. Non-Solicitation
The Customer agrees that during the term of this Agreement, and for a period of one year following the date of termination of this Agreement, Customer will not to attempt to obtain withdrawal from eSCRIBE of any employee or person retained or engaged by eSCRIBE in any capacity whatsoever.
10.Insurance
a. eSCRIBE shall obtain and maintain in force during the Term of this Agreement the following policies of insurance (all amounts in USD):
i. General liability insurance insuring eSCRIBE’s obligations and responsibilities with respect to the performance of Services as set out in this Agreement. The policy will be extended to include bodily injury and property damage, products and completed operations, personal and advertising injury, Implementation Services, contingent employer’s liability, and contractual liability to a limit of no less than two million dollars ($2,000,000) per occurrence. The policy will include a cross liability and severability of interest clause and be endorsed to name the Client as an additional insured;
ii. Non-owned automobile insurance to a limit of no less than one million dollars ($1,000,000);
iii. If applicable, automobile insurance (OAP1) for both owned and leased vehicles with inclusive limits of no less than one million dollars ($1,000,000); and
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iv. Errors and omissions liability insurance insuring eSCRIBE to a limit of no less than two million dollars ($2,000,000) per claim and five million dollars ($5,000,000) in the aggregate. The coverage under the policy will be maintained continuously during the Term of this Agreement and for an additional two (2) years after the termination or expiration of this Agreement and will cover insurable losses arising out of or in association with an error or omission in the rendering of or failure to complete and provide the services as set out in this Agreement. Coverage under the policy will respond to, but not be limited to the following occurrences:
A. Privacy breach and violations as a result of but not limited to unauthorized access to or wrongful disclosure or
dissemination of private information, failure to properly handle, manage, store, destroy or control personal
information and include the failure to comply with privacy laws and their respective regulations regarding the
collection, access, transmission, use, and
accuracy. Coverage will extend to include the costs
associated with notification of affected parties, regardless if required by statute as well as any fines or penalties or costs imposed as a result of the breach including defense of any regulatory action involving a breach of privacy;
B. Network security incidents arising from system security failures such as, but not limited to, unauthorized access, theft or destruction of data, electronic security breaches, denial of service, spread of virus within eSCRIBE’s computer network or other third party computer information systems and will further include expenses related to third party computer forensics;
C. Privacy breach expenses including crisis management
related to electronic and non-electronic breaches;
D. Content or media liability including personal and advertising liability, intellectual property infringement coverage
(copyright, trademark, trade name, service mark, trade dress or trade secret) arising out of media content created,
produced or disseminated by eSCRIBE;
E. Coverage for delay in performance of a contract or
agreement resulting from an error or omission; and
F. Coverage for damages resulting from dishonest and criminal acts committed by an employee of eSCRIBE.
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If coverage is to be cancelled or non-renewed for any reason, eSCRIBE shall provide the Customer with ninety (90) day notice of said cancellation or non-renewal. The Customer may request an Extended Reporting Endorsement be purchased by eSCRIBE at eSCRIBE’s expense. The term of the Extended Reporting Endorsement will be decided by the Customer and eSCRIBE. b. eSCRIBE shall ensure that all policies of insurance will:
i. be written with an insurer properly licensed to do business; ii. contain an undertaking by the insurers to notify the Customer in writing no less than thirty (30) days prior to any termination or cancellation of coverage unless otherwise required by law; and iii. be non-contributing with and will apply only as primary and not excess to any other insurance or self-insurance available to the Customer.
c. Any deductible amounts will be borne by eSCRIBE.
d. eSCRIBE shall deliver to the Customer certificates of insurance evidencing renewal or replacement of policies required under this Agreement at least fifteen (15) days prior to the expiration or replacement of the current policies without demand by the Customer. e. If eSCRIBE fails to maintain in force any insurance required to be maintained by it hereunder, then the Customer, without prejudice to any of its other remedies, may obtain such insurance on behalf of and at the cost of eSCRIBE.
f. eSCRIBE and its agents, volunteers, contractors, subcontractors, employees, and insurer(s) hereby release the Customer from any and all liability or responsibility, including anyone claiming through or under them, by way of subrogation or otherwise for any loss or damage which eSCRIBE may sustain incidental to or in any way related to eSCRIBE’s obligations under this Agreement.
11.Advertising
a. Customer agrees that eSCRIBE may use and disclose Customer’s name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld.
12. Trademarks
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and services, belong to eSCRIBE. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks.
13.Development Input
a. Customer shall be entitled to provide eSCRIBE with information and feedback concerning the Service’s functional requirements and product definition which eSCRIBE shall consider when formulating the product development roadmap and plans. This co-operative process between eSCRIBE and the Customer does not create any obligation upon eSCRIBE to adhere to Customer’s feedback, nor does it create any ownership interest in the Services on the part of Customer should eSCRIBE incorporate any of Customer’s suggestions into the development plan or ultimately into the Services.
14.General Provisions
a. Relationship of Parties. In all matters relating to this Agreement Customer and eSCRIBE are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal-agent, partners, or joint ventures.
b. Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or
modification of this Agreement shall be made except by written agreement of both parties.
c. Ride Along: The terms of this Agreement may be extended for use by other parties, including: associated local governments, school boards and government agencies upon execution of an addendum outlining the associated Services and Fees applicable. This term is not intended to circumvent any procurement rules and regulations of the additional party.
d. No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
e. Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 327
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Agreement shall not be affected and shall continue in effect as though such provisions were deleted.
f. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable efforts to cure the delay.
Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non-performance exceeds ten (10) days from the receipt of notice of the Force Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement. g. Assignment; Enurement. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of it rights or obligations hereunder, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void.
h. Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party’s Confidential Information will not be adequate for the non-breaching party’s protection, and accordingly the non-breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction.
i. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, and the federal laws of The United States applicable therein.
j. Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days.
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k. Time of the Essence. Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision.
l. Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire. m. Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
Words in the singular mean and include the plural and vice versa.
Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
n. Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice is effective upon receipt. Notice to both parties shall be to the address and contact set forth below and updated from time to time.
eSCRIBE Software Ltd.
204-60 Centurian Drive
Markham, ON L3R 9R2
Attention: Office of the President
Customer Contact Info for Notices:
Attention:
Pamela Christian
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
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The undersigned parties hereby enter into this Agreement, eSCRIBE Software Ltd City of Richmond
Signature Signature
Robert Treumann, CEO Tom Butt, Mayor
Authorizing Officer, Title Authorizing Officer, Title
Signature
Pamela Christian, City Clerk
Authorizing Officer, Title
Signature
Teresa Stricker, City Attorney
Authorizing Officer, Title
I have the authority to bind the organization
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Appendix A – Annual Subscription Fees
eSCRIBE Annual Service and Support Fees
Module License Type License Fee Quantity Cost
Transparency Bundle Annual $ 24,900 1 $ 24,900
eSCRIBE Report Manager INCL
eSCRIBE Meeting Manager INCL
eSCRIBE Participant Access Module INCL
eSCRIBE Internet Publishing + Citizen Engagement INCL
eSCRIBE Webcasting Plus INCL
eSCRIBE Vote Manager and Request to Speak $ 5,450 1 Value Add eSCRIBE Meetings Pro App (IOS or Windows) $ 100 7 Value Add eSCRIBE Closed Captioning $ 11,450 1 $ 11,450
eSCRIBE Public Comments $ 2,950 1 $ 2,950
eSCRIBE Public Speakers $ 1,170 1 $ 1,170
eSCRIBE Azure AD Integration $ 2,380 1 $ 2,380
Annual Software and Support Fees $ 42,850
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Appendix B – Support Services
Subject to the terms and conditions of this Agreement, eSCRIBE shall perform the Support Services as defined.
Definitions:
The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them:
“Business Hours” means the hours during which eSCRIBE’s helpdesk is available to take live incoming calls, emails and be available to respond to the Customer’s Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays). “Extended Hours” means the hours during which eSCRIBE’s helpdesk is available to take urgent calls during 8:00 p.m. to 11:00 p.m. EST, Monday through Friday eastern time (excluding statutory holidays). “Support Contacts” means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eSCRIBE who will serve as technical liaison between eSCRIBE and Customer and who are to have technical knowledge and experience with the Services used by the Customer. "Updates" shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation.
All other capitalized terms shall have the meanings set out in the Agreement.
Support Services:
eSCRIBE will provide the following services to Customer:
a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eSCRIBE’s support desk.
c. Direct access for Customer Support Contacts to eSCRIBE’s team of support technicians.
d. Provision of any available problem solutions related to the Services e. Make reasonable commercial efforts to provide a response to all reported problems in the manner described in the Problem Reporting Process below.
f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer’s responsibility for any Implementation Services fees for any new Services.
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Exclusions:
a. Customer’s third-party hardware and software not part of this Agreement.
Problem Reporting Process:
Step 1: Contact eSCRIBE using one of the following methods:
Toll free number 1-855-299-0023
Email: [email protected]
Portal: https://customerportal.escribemeetings.com
Step 2: Provide the following information:
Provide Support Contact’s name, location the Services are in Use, telephone number and E-mail address.
Step 3: Provide a description of the problem.
Provide as much detail, including system error messages and screen printouts, as possible. eSCRIBE assign a Priority Level based on the response matrix below.
Priority Level Initial Response Status Updates
1- Complete Services or business
critical functions unavailable
or impaired
Within 2 hours Every 4 hours
2- Specific Services functions
unavailable or impaired
Within 4 hours Every 8 hours
3- Services operational, isolated
or individual user issues
Next Business Day As required on each
reported incident
eSCRIBE shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident.
Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eSCRIBE to diagnose the problem and develop a possible solution.
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Regardless of the priority assignment, Customer’s problem must relate to the Services in order for Support Services to be applied hereunder. Where eSCRIBE is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and resolutions pertaining to third party software, hardware, networks or facilities, eSCRIBE shall charge Customer at its daily Implementation Services rate for the services rendered.
Using the Customer Community Portal, customers are able to check the status of their support tickets at any time.
The case will not be closed by eSCRIBE until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed.
General Support Terms:
a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eSCRIBE in respect of Support Services.
b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eSCRIBE’s prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services; c. eSCRIBE warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations.
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Appendix C – Implementation Services
Subject to the terms and conditions of this Agreement, eSCRIBE shall perform the Implementation Services as listed below.
Professional Services Service Fee Quantity Cost
Setup and Training One-Time $ 4,500 1 $ 4,500
2 Meeting Types, 1 Report Template, 5 Workflows INCL
Training - Administrator, Contributor & Participant sessions INCL Vote Manager and Request to Speak setup including
public display $ 1,350 1 $ 1,350
Sire Migration (not to exceed) $ 3,000 1 $ 3,000
Closed Captioning Setup $ 2,700 1 $ 2,700
Azure AD Setup $ 2,210 1 $ 2,210
Private Training Premium $ 2,050 1 $ 2,050
Implementation and Training Fees $ 15,810
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Appendix D – Authorized Customer Locations
Authorized Meeting Types
Meeting Name
Main Meeting Body (Council/Board
of Trustees)
Standing Committees (Standing
Committees as established by the
Main Meeting Body, and that report
directly to Council the Main Meeting
Body)
Reporting Subcommittees (SubCommittees as established by the Main Meeting Body or Standing
Committee, and that report directly
to an established Standing
Committee)
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Appendix E – Legacy Data Storage Fees
Upon the completion of the initial, or any subsequent Term or Third Party Data Migration, (Appendix F) eSCRIBE will measure the total Customer Data Storage in gigabytes (GB) to calculate any Legacy Data storage fees based on the following schedule:
GB Price / GB / Year
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+ $ 7.50
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Appendix F – Third Party Data Migration – Project Scope Subject to the terms and conditions of this Agreement, eSCRIBE shall perform the Third Party Data Migration Services listed below.
eSCRIBE Data Migration - Project Scope
Nov 12, 2020
Customer City of Richmond CA
Incumbent
System
SIRE
Current URL http://sireweb.ci.richmond.ca.us/sirepub/meet.aspx (Agendas)
http://www.ci.richmond.ca.us/Archive.aspx?AMID=31
(Minutes)
In Scope
- eSCRIBE to generate script to populate Migration Worksheet, with all available details from Current URLs noted above
o Customer to verify accuracy of information on Migration Worksheet o Council Meetings dating back to 2008 (Approximately 587 meetings) will be migrated.
o Any data missing from migration worksheet (such as location and start time) is to be completed by customer
- eSCRIBE to import of all meeting data referenced in verified Migration Worksheet. Migrated meeting content includes:
o Agenda (PDF)
o Minutes (PDF)
o Agenda (HTML) to be created including PDF attachments where available. (see “HTML Agenda, Minutes and Video” below) o Minutes (HTML), including PDF attachments where available. (see “HTML Agenda, Minutes and Video” below)
o Videos, uploaded by the customer, will be linked to meetings, and via the HTML agendas and Minutes.
- Validation of 10 migrated meeting sites (See assumption 3) - Completion of one additional round of additional migration, exclusively to bring over any meetings that were posted to the incumbent system after the initial migration, but before go-live.
Out of Scope
- Any meetings or documents not listed on verified Migration Worksheet - Fixing broken links from incumbent system within HTML agendas or minutes - Modifying content with PDF documents
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- Modifying content from incumbent system within HTML agendas or minutes
- Validation of migrated content, beyond the 10 randomly selected meetings listed in scope, above
- Uploading/Transcoding of video files (See assumption 4) - Video timestamps
Assumptions
1. Migrated data is only available for public presentation through eSCRIBE’s Internet Publishing module. Data will not appear and is not intended for staff to navigate to these meetings from within the eSCRIBE Portal.
2. The SIRE web interface will be available throughout the timeline of the migration.
3. Following the migration, eSCRIBE will validate 10 meetings, selected at random, for accuracy. Further validation on migrated content is the responsibility of the customer.
4. Customer will upload all video files, in .mp4 format, via FTP. Note, if any files are not .mp4, they can likely be transcoded but an additional cost will apply.
HTML Agendas and Minutes, and Video
HTML agendas and minutes will play the corresponding video file on the righthand side of the page, if one exists.
HTML Agendas contain links to attachments. These attachments will be migrated along with the HTML agendas, so when a user selects an item from the agenda, they will be able to view attachments for that item.
Additional Notes
It is important to note that this migration does not replace the need for customer to obtain a backup of all data upon termination of contract with incumbent vendor. Migrated data is strictly for presentation through eSCRIBE’s Internet Publishing module, and should not be used as an archive or backup of incumbent system’s data.
It is also important to note that once the web interface for the incumbent system has been taken down, the data can no longer be accessed by eSCRIBE for any future migration work. Incumbent system should not be terminated until all migrated data has been fully validated and verified complete.
Migration Timelines
Data migrations are done as a phase 2 of your onboarding project. Dates are scheduled as part of the project planning phase with your onboarding team.
While we do our best to schedule as close as possible to go-live, typical lead times are approximately 6 months from date of scheduling. It is important to DocuSign Envelope ID: 792461D6-DB0B-4741-85FF-AC2183356E5D 339
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note that the incumbent system must remain available until after the migration is completed.
Pricing Notes
At the completion of the migration, a legacy data storage fee will be charged, as per the table below.
GB Price / GB
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+ $ 7.50
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Modification to Services
The Customer wishes to modify the Services as defined below, effective the ______day of _________, 2021, in accordance with the terms and conditions of the Client Subscription Agreement (the “Agreement”), dated ______________ Services Fees:
Module Addition/Deletion Annual Fee Quantity Cost
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total - Annual Subscription Fees $ -
Implementation Fees:
Service Fee Quantity Cost
$ -
$ -
$ -
Service Fee Quantity Cost
$ -
$ -
$ -
$ -
$ -
Implementation Fees
Total - One-time Implementation Fees
Training Fees
Total Training Fees
The first year’s Subscription Fees and the Implementation Fees are due upon the date of this Appendix, and the Subscription Fees are due annually thereafter.
The undersigned parties hereby enter into this Agreement, eSCRIBE Software Ltd Client
Signature Signature
Robert Treumann, CEO
Authorizing Officer, Title Authorizing Officer, Title
I have the authority to bind the organization
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DocuSign Envelope ID: 7B24DCED-93EF-431B-9711-17A06795FA3C Extension of 2021 Subscription Agreement
Attention: Office of the City Clerk
City of Richmond
450 Civic Center Plaza
Richmond CA 94804
January 23, 2026
RE: Subscription Agreement between eScribe Software Ltd. (“eScribe”) and City of Richmond (“Customer”).
City of Richmond (“The Customer”) and eScribe Software Ltd. (“eScribe”), collectively referred to as (“The Parties”), entered into a Subscription Agreement (“Agreement”) dated 27 April 2021.
Such Agreement is hereby extended to June 30, 2026. The new Agreement will be effective from July 1, 2026, and will align with the invoice.
The undersigned parties hereby enter into this Agreement, eScribe Software Ltd. City of Richmond
Signature Signature
Date
Tara Ashtbury, Senior Director,
Customer Experience
Date
Authorizing Officer, Title Authorizing Officer, Title
I have the authority to bind the organization.
Docusign Envelope ID: D49E8F97-A595-439D-9F53-D83536A1B00E 2/13/2026
Deputy City Manager
3/10/2026
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This Subscription Agreement (the "Agreement") is entered into this 1st day of July 2026 (Effective Date”) by and between eScribe Software USA, Inc. (“eScribe”) and City of Richmond (each a “Party” and collectively, the “Parties”). This Agreement, together with any appendices referenced and attached, govern the Customer’s subscription to the eScribe product.
eScribe Terms and Conditions
1. Overview of eScribe
eScribe’s service is a proprietary software application and platform for the purpose of meeting and agenda automation which it makes available as services via the internet. eScribe includes online storage space for storing, retrieving and sharing Customer Content (as defined below). Services under this Agreement may be provided by eScribe USA Inc, and its affiliated entities and wholly owned subsidiaries.
2. Definitions
The terms below have the following meaning:
A. “Affiliate” means any entity controlled by, controlling, or under common control with such Party where "control" in any of the foregoing forms means ownership, either direct or indirect, of more than 50% of the equity interest entitled to vote for the election of directors or equivalent governing body.
An entity shall be considered an Affiliate only so long as such entity continues to meet the foregoing definition.
B. “Customer Content” shall mean the content, documents, audio and video uploaded or inputted to the Services or created, produced by the Customer during Use of the Services.
C. “Data Storage” refers to the online electronic secure storage of all Customer Content during the Use of the Services.
D. “Documentation” includes any and all printed or electronic guides and manuals, including sales, marketing and training materials provided by eScribe for the proper Use of the Services.
E. “Implementation Services” refers to the configuration, training, and other services set out in Appendix C.
F. “Legacy Data” refers to the ongoing Data Storage of Customer Content from previous Term(s) as set out in Appendix D.
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G. “Personal Information” means information which relates to an identified or identifiable individual, and includes any information defined from time to time as “personal information” under applicable Privacy as defined herein.
H. “Privacy Laws” means applicable laws and regulations relating to privacy, data protection, or data security.
I. “Services” or “Software” means the provision of the software service known as “eScribe”, together with any services provided, including the applications for access to the eScribe site, System Upgrades and interfaces made available to the Customer in connection with eScribe.
J. “Support Services” shall mean the technical support for the Customer’s use of eScribe as made available under eScribe's Support Services set out in Appendix B.
K. “Taxes” refers to all present or future sales tax, consumption tax and similar taxes.
L. “Usage Data” refers to the data generated automatically through access or use of eScribe, including but not limited to user log-in data, date and time stamps, device details such as browser type and operating system, IP address, feature usage, product settings and configuration, activity records, and associated log data and metadata. For the avoidance of doubt, Usage does not include Customer Content.
M. “Use” shall mean the ability for the Customer to login with username and password and access the Services via the internet.
N. “You or Your” refers to Customer, as defined in the preamble of this Agreement.
3. Operations
3.1 Software, Implementation Services. eScribe shall provide the Software, Implementation Services, and the Documentation to the Customer subject to the terms of this Agreement. The Implementation Services will be provided in a professional, timely, and competent manner. eScribe shall take appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer.
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3.2 Availability of Service. eScribe shall make the Services available twentyfour (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year.
Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer’s designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eScribe for any twelve (12) month period are hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eScribe becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved, and the Services are restored. In the event that eScribe becomes aware that the Services are unavailable for Use, eScribe shall notify the Customer immediately.
3.3 Support Services. During the Term of this Agreement, eScribe will provide the Customer the Support Services as described in Appendix B.
3.4 Access. eScribe will provide access to users designated by the Customer. eScribe may deny access to the Service if it has reason to believe that a login or password has been lost, stolen or compromised or is used contrary to the terms of this Agreement or threatens the security of Customer Data, the eScribe Service, or other users. You are solely responsible for all acts or omissions of any person using eScribe through assigned logins or passwords, or integrated access methods like Azure Active Directory. Use of eScribe via Customer logins and passwords, or integrated access methods is deemed to have been authorized by the Customer. If any of the Customers logins, passwords or access methods are lost, stolen or compromised, the Customer will promptly notify eScribe. Upon receipt of such notice, the affected logins and passwords will be cancelled or suspended as soon as is reasonably practicable, but the Customer remains 345
responsible for any actions prior to our receipt of that notice. Customer may not make available the Service for Use by any third parties.
3.5 Usage Data. eScribe may collect and process Usage Data to (a) provide Services and associated support to Customer; (b) manage and secure its technical infrastructure; (c) develop and improve its products and services; (d) communicate with Customer about your use of the Services and provide recommendations regarding additional offerings; (e) enforce the terms of this Agreement or other contractual terms; (f) prevent abuse and fraud; (g) perform statistical analyses; and (h) for its internal business purposes. eScribe may share Usage Data with its affiliates and third-party service providers for these purposes, or as otherwise required or permitted by applicable law.
3.6 Customer Content Retrieval. During the Term of this Agreement, the Customer may retrieve Customer Content from the Services at any time and, within ten (10) days of the Customer’s request, eScribe will make available any Customer Content that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4).
3.7 Privacy. eScribe will comply with its obligations under all applicable laws and regulations related to the operation of the Services, including all applicable Privacy Laws.
4. License and Related Terms.
4.1 License Grant. During the Term and subject to You and Your Users’ ongoing full compliance with the terms and conditions set forth in this Agreement, eScribe (a) grants Customer, solely for your internal and legitimate purposes, a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to access and use the modules of the Service as set forth in your subscription.
4.2 Commitments and Restrictions. Customer and Your Users shall not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services, the Software or the eScribe Sites available to any third party; (b) modify, copy or create derivative works based on eScribe or the Software; (c) frame or mirror any content forming part of or all of the Services or the eScribe Sites, other than on your own intranets or otherwise for your own internal business purposes as permitted by this Agreement; (d) reverse engineer, disassemble, 346
decompile or otherwise attempt to imitate, derive or discover the source code for the Software; (e) provide non-Users with access to the Services, the Software or eScribe Sites, whether directly or through a service bureau, commercial time-sharing arrangement, or application service provider arrangement; (f) use the Services, the Software or the eScribe Sites to provide outsourcing or training services to non-Users; (g) otherwise market the Services, the Software or the eScribe Sites to third parties without eScribe’s written permission; (h) access or use the Services in order to build a competitive product or service, or copy any ideas, features, functions or graphics of the Services or the Software; (i) use the Service for any illegal or unauthorized purposes or beyond the scope of the this Agreement; or (j) breach or attempt to breach the security of any platforms or applications in the Services or the Software.
4.3 Rights to Intellectual Property. eScribe grants no other right or license to any of its or its affiliates’ intellectual property to You by implication, estoppel or otherwise. You acknowledge and agree that eScribe or its affiliates (as applicable) owns all right, title, and interest in, to, and under such intellectual property and that you shall not acquire any proprietary rights therein. Any use by You or Your Users of any of such intellectual property and all goodwill and other rights associated therewith shall inure to the benefit of eScribe or its affiliates (as applicable).
4.4 Customer Responsibilities. You are responsible for Your Users’ use of the Services. You will: (a) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Content; (b) ensure that each User has all necessary permissions, consents, approvals, and licenses for and to the Customer Content; and (c) comply with all applicable local, state, federal and foreign laws, or regulations in connection with each User’s use of the Services. You shall not transfer or assign Your eScribe account privileges to a third-party without eScribe’s prior written consent. Users are authorized to use the Services only for Your legitimate activities. As between You and eScribe, You shall be solely responsible for, and eScribe shall have no responsibility for, monitoring and policing the adherence of Users to all applicable laws, regulations, duties, and obligations with respect to accessing, distributing, and using Customer Content. You acknowledge and agree that eScribe is not responsible or liable in any way for any Customer Content and has no duty to pre-screen such content. However, eScribe reserves the right to remove Customer Content from the Site at any time, without prior notice, if eScribe in its sole discretion concludes that the Customer Content may violate applicable law.
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4.5 Feedback and Improvements. The Customer acknowledges and agrees that eScribe shall own all rights, title, and interest, in and to any improvements to the Services, or any new programs, upgrades, modifications or enhancements to the foregoing, whether developed by eScribe or Customer in connection with rendering the Services to You. In the event that the Customer provides any feedback, ideas, suggestions proposals, refinements or other improvements (collectively, “Feedback”), the Customer hereby irrevocably transfer and assign to eScribe all rights, title, and interest which Customer may have in such Feedback. eScribe shall have the right, but not the obligation, to use any such Feedback to improve any or all parts of its Services or Software and in the event that eScribe does incorporate such Feedback, it shall solely retain all right, title and interest in such Feedback. In the event that such Feedback does not automatically transfer to and vest in eScribe, You hereby grant an exclusive, irrevocable, transferable, sublicensable, royalty-free, fully paidup license to eScribe and its affiliates to use the Feedback for any purpose without notice or restriction.
4.6 Ownership of Customer Content; Disclaimer. As between You and eScribe, You exclusively own all rights, title and interest in and to all Customer Content provided by You to eScribe Sites or under the Services. You acknowledge and agree that eScribe’s custodial function is limited to the technical operation and maintenance of the Services and shall not extend to any fiduciary or other duty of care related to management of the sourcing, posting, accessing, use, or receipt for any Customer Content, or any functioning which utilizes the Service.
5 Confidentiality
5.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), including any intellectual property or proprietary rights, that (a) if disclosed orally is designated as confidential at the time of disclosure, (b) if disclosed in writing is marked as “Confidential” and/or “Proprietary,” or (c) reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Without limiting the foregoing, Confidential Information of eScribe shall include the terms and conditions of this Agreement (including pricing and other terms reflected hereunder), provision of the Services, screenshots of eScribe, pricing in proposals, business and marketing materials, technology and technical information, product designs, and business processes. The Customer’s Confidential Information shall include the Customer 348
Content. Notwithstanding the foregoing, eScribe may disclose the existence and terms of this Agreement, in confidence, to a potential purchaser of or successor to any portion of such Party’s business resulting from the reorganization, spin-off, or sale of all or a portion of all the assets of any business, division, or group of such Party. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (iii) was independently developed by the Receiving Party, which can be demonstrated with clear and convincing evidence; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
5.2 Confidentiality and Non-Disclosure. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party’s prior written permission. Notwithstanding the foregoing, the Receiving Party may disclose such Confidential Information to those of its employees and contractors who need to know such information for purposes of performing this Agreement and certifies that such employees and contractors have agreed, either as a condition of employment or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those in this Section 5. The Receiving Party shall use the same degree of care to protect the Confidential Information as it uses to protect its own information of a confidential and proprietary nature, and in no event shall it use less than a reasonable degree of care.
5.3 Compelled Disclosure. If the Receiving Party is compelled by law or legal process to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted), provide reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure and only make such disclosure, in both manner and content, as required by such law or legal process.
5.4 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that any other available remedies are inadequate.
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5.5 Survival. Notwithstanding the expiration or termination of this Agreement for any reason, the obligations of confidentiality and nonuse set forth in this Section shall continue in perpetuity. 6 Pricing and Payment
6.1 Subscription Fees. The first year’s Subscription Fees and the Implementation Fees, as described in Appendix C, will be invoiced as of the date of this Agreement and will be due according to the terms of the invoice. The Subscription Fees are due annually thereafter and will increase from the previous year’s Subscription Fees by eight percent (8%). eScribe may implement revised Subscription Fees for the Renewal Term, as defined in Section 7.1, by giving written notice of such price changes to You at least ninety (90) days prior to the expiration of the current Term, and that pricing will take effect unless You elect to terminate this Agreement in accordance with Section 7.
6.2 Implementation Fees. The Implementation Fees listed in Appendix C are assessed for remote participation by eScribe personnel during the onboarding process. Optionally, should the Customer wish to have eScribe personnel attend onsite during the onboarding process, additional travel and living expenses would apply in addition to the Implementation Fees listed in Appendix C.
6.3 Legacy Data. If Legacy Data fees apply, it will be added to the annual Subscription Fees as set out in Appendix D.
6.4 Overdue Payments. All payments are due thirty (30) days from the date of invoice. Any invoiced amounts (excluding those subject to good faith dispute), not received by eScribe by the due date may accrue, at eScribe’s discretion, late charges at the rate of twelve percent (12%) per annum, or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid. In addition, Customer shall be responsible for reasonable attorneys’ fees and other reasonable costs of collection in the event of nonpayment by the Due Date.
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6.5 Taxes. All fees and other charges set forth in this Agreement are exclusive of any and all applicable Taxes due to eScribe from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eScribe has received an amount equal to the payment otherwise required after such withholding or deduction.
6.6 Nonpayment and Suspension of Services. If any portion of the Customer invoice is more than thirty (30) days past due, in addition to any of its other rights or remedies under this Agreement or by applicable law, eScribe reserves the right to suspend access to the Service, but only if such past due account is not paid within five (5) business days after written notice of eScribe’s intent to exercise its right to suspend hereunder. Any such permitted suspension shall be without liability to the Customer and may continue until such amounts are paid in full.
7. Term
7.1 Term of Agreement and Subscription. The term of this Agreement commences on the date of this Agreement for a period of three (3) years (the “Term”) and will automatically renew for an additional term of equal length (“Renewal Term”) unless notice of cancellation is received 60 days prior to the expiry of the Term.
7.2 Early Termination. This Agreement may be terminated by either Party prior to the end of the Subscription Term as follows: (a) If either party is adjudged bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days (an “Event of Bankruptcy”), then the party affected by such an Event of Bankruptcy must immediately give notice thereof to the other party, and the other party at its option may terminate this Agreement upon written notice to such affected party, (b) in the event that a Party materially breaches an obligation hereunder and fails to cure such breach within thirty (30) days after being notified thereof in writing, the nonbreaching Party may terminate this Agreement at any time thereafter that 351
the breach is continuing by providing written notice to the breaching Party, (c) by either Party for Force Majeure as defined in Section 14.7.
7.3 Termination Penalties. If this Agreement is terminated by the Customer, or the Customer downgrades their subscription during the first year of the Term, for any reason other than a material breach of this Agreement on the part of eScribe, the Customer will be liable for the First Year Subscription Fees as invoiced, and a termination or downgrade penalty amounting to 35% of the remaining Subscription Fees due for Years Two and Three of the Agreement. If the Customer terminates or downgrades their subscription during the Second Year of the Term, for any reason other than the material breach of the Agreement by eScribe, the Customer will be responsible for Second Year Subscription Fees in full as invoiced, and a termination penalty amounting to 25% of the remaining Year Three Subscription Fees. If the Customer terminates or downgrades their subscription during the Third Year of the Term, for any reason other than the material breach of the Agreement on the part of eScribe, the Customer will be responsible for the Third Year Subscription Fees in full as invoiced without any additional penalty. If the Customer terminates or downgrades their subscription during a Renewal Term for any reason other than material breach, the Customer will remain responsible for 15% for any remaining Subscription Fees due for the Renewal Term.
7.4 Post Termination Obligations. Termination of this Agreement shall not limit either Party from pursuing any remedies available to it, including injunctive relief. Agreement termination, other than by the Customer in accordance with Section 7.2, shall not relieve You of Your obligation to pay the entire Subscription Fee for the applicable Term and all other applicable fees, if any due for the use of the Services. Following any termination pursuant to Section 7.2, eScribe shall refund to the Customer the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then- current Term).
7.5 Effect of Termination. Following the termination or expiration of this Agreement, including your Subscription, (a) eScribe will convert Your Account to an inactive status, (b) Customer must immediately cease (and eScribe can block) Your accessing and using the Services and (c) Customer will retrieve all Customer Content no later than thirty (30) days after termination. After the thirty (30) day period, eScribe will delete or destroy all copies of Customer Content in its possession or control, unless legally prohibited and upon request, provide the Customer with a certificate of destruction.
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7.6 Surviving Provisions. In the event this Agreement is terminated, any provision which must survive in order to allow the Parties to enforce its meaning shall survive, including without limitation, Sections 4.3 (Rights to Intellectual Property), 4.5 (Feedback and Improvements), 5 (Confidentiality), 6 (Pricing and Payment) (until all amounts due hereunder are paid in full), 7.4 (Post Termination Obligations), 7.5 (Effect of Termination),7.6 (Surviving Provisions), 8.5 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification) and 14.3 (Survival).
8. Warranties and Disclaimers. The following representation and warranties are applicable at the execution of this Agreement and during the Term:
8.1 Mutual Warranty. Each Party represents and warrants to the other that it has the legal capacity and right to execute this Agreement; that the signatory has the authority to bind the applicable organization; and when executed and delivered, this Agreement will constitute the legal, valid, and binding obligation of each Party, enforceable in accordance with its terms.
8.2 Customer Warranty. The Customer warrants the Customer Content will not infringe on any copyright, patent, trade secret or other proprietary, privacy, or other right held by any third party, or violate any applicable law.
8.3 eScribe Warranty of Rights and Performance. eScribe warrants that: (a) it owns or otherwise has sufficient rights in the Software to license Customer to use the Service as stated in this Agreement, and (b) the Service will materially conform to and perform substantially in accordance with the Documentation.
8.4 Remedies for Breach of eScribe Warranty. In the event eScribe breaches Section 8.3 and is unable to substantially correct such deficiencies after good faith efforts and at a commercially reasonable cost within thirty (30) days of Your written notification of such nonconformance, Customer shall have the right, as Your sole remedy for such breach, to terminate the Agreement and receive from eScribe the prepaid but unused portion of the Subscription Fee for the then- current Subscription Term (prorated based on the number of whole months left in the then-current Subscription Term).
8.5 Disclaimer. eScribe EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS SECTION 2 G, (A) NEITHER PARTY TO 353
THIS AGREEMENT, NOR ANY OTHER PERSON ON SUCH PARTY'S BEHALF,
HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR
WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR
OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH
PARTY ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY
REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY
OTHER PERSON ON SUCH PARTY'S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 8.
9. Limitation of Liability
In no event shall either Party be liable to the other Party or its personnel for any indirect, incidental, punitive, special, or consequential damages related to use of eScribe, or for any damages for loss of profits, business interruption, harm to any computer system, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, or otherwise), even if the other Party has been advised of the possibility of such damages. Except as provided herein, eScribe’s total cumulative liability for damages, expenses, costs, liability or losses to You or any User arising out of or in connection with use of eScribe or any other matter under this Agreement is capped in the amount equal to Subscription Fees prepaid by You for the annual Term in which the alleged damage or liability occurred.
10. Indemnity
10.1 By eScribe. eScribe will defend and indemnify the Customer and its users against any claim, suit, action or proceeding against it alleging (a) harm originating in willful misconduct of eScribe or (b) that the Software or use of the Services in the manner and for the purposes authorized in this Agreement infringes any third-party patent or copyright. Notwithstanding any limitation of Section 9, and only to the extent of eScribe’s applicable insurance coverage, eScribe will defend and indemnify You and Your Users against any claim, suit, action or proceeding against You or Your Users alleging harm originating in grossly negligent breach of this Agreement by eScribe.
In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eScribe, to infringe or potentially infringe a third party’s rights, eScribe shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be non-infringing; provided that such modification does not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue 354
using the Service in its current state at no additional expense to the Customer, or (iii) if eScribe determines that neither of the foregoing options are reasonably available, eScribe may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services.
10.2 Procedure. If Customer is seeking indemnification, it must promptly notify eScribe in writing of the indemnifiable claim and provide the indemnifying Party with all non-monetary assistance, information and authority reasonably required for the defense and settlement of the indemnified claim. An indemnifying Party will select counsel for defense of the indemnified claim and direct and control the defense. Provided the indemnifying Party is diligently conducting such defense, the indemnifying Party shall not be liable for any attorney’s fees of the indemnified Party. The indemnifying Party must obtain the indemnified Party’s written consent to any settlement (said consent not to be unreasonably withheld, conditioned, or delayed), except that no such consent shall be required if the settlement or compromise requires no payment of damages by the indemnified Party and does not admit any liability or determination against the indemnified Party or materially restrict the indemnifiedParty.
11. Insurance
eScribe will at all times maintain sufficient insurance, appropriate for its industry and Service. At all times during the term of this Agreement, eScribe will maintain insurance coverage at least in line with the coverage and amounts specified in its current Certificate of Insurance.
12. Advertising
Customer agrees that eScribe may use and disclose Customer’s name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld.
13. Trademarks
Any trademarks and service marks (“Trademarks”) adopted by eScribe to identify the Services, Documentation and other products and services, belong to eScribe. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks.
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14. General Provisions
14.1 Relationship of Parties. In all matters relating to this Agreement Customer and eScribe are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employeremployee, principal-agent, partners, or joint ventures.
14.2 No Third-Party Beneficiaries. This Agreement is not intended to create any rights in any person or entity who is not a party to this agreement, and no such rights are created hereunder.
14.3 Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or modification of this Agreement shall be made except by written agreement of both parties.
14.4 Ride Along: The terms of this Agreement may be extended for use by other parties, including: municipalities, school boards and government agencies upon execution of an addendum outlining the associated Services and Fees applicable. This term is not intended to circumvent any procurement rules and regulations of the additional party.
14.5 No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
14.6 Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall not be affected and shall continue in effect as though such provisions were deleted.
14.7 Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable efforts to cure the delay. Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds ten (10) days from the receipt of notice of the Force 356
Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement.
14.8 Assignment; Enurement. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of it rights or obligations hereunder, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided however, that eScribe may assign this Agreement without Customer’s consent to any Affiliate, provided that the assignee agrees in writing to be bound by all terms and conditions of this Agreement. Furthermore, either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void.
14.9 Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party’s Confidential Information will not be adequate for the non-breaching party’s protection, and accordingly the non-breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction.
14.10 Governing Law. If Customer is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose,), this Agreement will be governed by and construed in accordance with the substantive law (not the law of conflicts) of the state in which Customer is located with venue being a court of competent jurisdiction within such state. If Customer is a private or commercial entity, this Agreement will be governed by the laws of the State of Delaware without reference to the state’s conflict law principles, with appropriate courts in Delaware serving as exclusive jurisdiction for all disputes under this Agreement.
14.11 Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days.
14.12 Time of the Essence. Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision.
14.13 Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force 357
and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire.
14.14 Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
14.15 Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice to both parties shall be to the address and contact set forth below and updated from time to time.
eScribe Software USA, Inc.
2001 L Street N.W., Suite 500
PMB 2194, Washington, DC 20036, USA
Attn: Legal
Copy to [email protected]
Customer Contact Info for Notices:
Attention:
Pamela Christian
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
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The undersigned parties hereby enter into this Agreement, eScribe Software USA, Incost. City of Richmond
Signature Signature
Date Date
Authorizing Officer, Title Authorizing Officer, Title
____________________________________
Authorizing Officer, Title
___________________________________
Authorizing Officer, Title
I have the authority to bind the organization.
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Appendix A – Annual Subscription Fees
Appendix B – Support Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Support Services as defined.
Definitions:
The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them:
“Business Hours” means the hours during which eScribe’s helpdesk is available to take live incoming calls, emails and be available to respond to the Customer’s Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays). “Extended Hours” means the hours during which eScribe’s helpdesk is available to take urgent calls during 8:00 p.m. to 11:00 p.m. EST, Monday through Friday eastern time (excluding statutory holidays). “Support Contacts” means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eScribe who will serve as technical liaison between eScribe and Customer and who are to have technical knowledge and experience with the Services used by the Customer. "Updates" shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation.
All other capitalized terms shall have the meanings set out in the Agreement.
Module License Type License Fee Quantity Cost
eScribe Transparency Bundle - Webcasting Plus Annual $ 32,687.39 1 $ 32,687.39 eScribe Meeting Manager Included
eScribe Participant Access Included
eScribe Internet Publishing Included
eScribe Report Manager Included
eScribe Webcasting Plus Included $ - 1 $ -
eScribe Vote Manager & Request to Speak Annual $ - 1 $ - eScribe Meetings Pro Licenses Annual - 7 -
eScribe Delegation Request Annual $ 1,535.91 1 $ 1,535.91 eScribe Entra ID Integration Annual $ 3,124.34 1 $ 3,124.34 eScribe Closed Captioning Plus Annual $ 15,030.95 1 $ 15,030.95 eScribe Public Comments Annual $ 3,872.60 1 $ 3,872.60
$ 56,251.20
eScribe Data Storage Fee Annual $ 8.50 196.19 $ 1,667.62 $ 57,918.81
eScribe Annual Service and Support Fees (1 July - 30 June) Subtotal:
Total - Annual Software and Support Fees
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Support Services:
eScribe will provide the following services to Customer:
a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eScribe’ s support desk.
c. Direct access for Customer Support Contacts to eScribe’ s team of support technicians.
d. Provision of any available problem solutions related to the Services e. Make all reasonable commercial efforts to provide a response to reported problems in the manner described in the Problem Reporting Process below.
f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer’s responsibility for any Implementation Services fees for any new Services.
Exclusions:
a. Customer’s third-party hardware and software not part of this Agreement.
Problem Reporting Process:
Step 1: Contact eScribe using one of the following methods:
Toll free number 1-855-299-0023
Email: [email protected]
Portal: https://customerportal.eScribemeetings.com
Step 2: Provide the following information:
Provide Support Contact’s name, location the Services are in Use, telephone number and E-mail address.
Step 3: Provide a description of the problem.
Provide as much detail, including system error messages and screen printouts, as possible. eScribe assign a Priority Level based on the response matrix below.
Priority Level Initial Response Status Updates
1- Complete Services or business
critical functions unavailable
or impaired
Within 2 hours Every 4 hours
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2- Specific Services functions
unavailable or impaired
Within 4 hours Every 8 hours
3- Services operational, isolated
or individual user issues
Next Business Day As required on each
reported incident
eScribe shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident.
Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eScribe to diagnose the problem and develop a possible solution.
Regardless of the priority assignment, Customer’s problem must relate to the Services in order for Support Services to be applied hereunder. Where eScribe is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and resolutions pertaining to third party software, hardware, networks or facilities, eScribe shall charge Customer at its daily Implementation Services rate for the services rendered.
Using the Customer Community Portal, customers are able to check the status of their support tickets at any time.
The case will not be closed by eScribe until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed.
General Support Terms:
a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eScribe in respect of Support Services.
b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eScribe’s prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services; 362
c. eScribe warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations.
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Appendix C – Implementation Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Implementation Services as listed below.
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Appendix D – Legacy and Third Party Migrated Data Storage Fees Upon the completion of the initial, or any subsequent Term or Third-Party Data Migration, (Appendix E) eScribe will measure the total Customer Content Storage in gigabytes (GB) to calculate any Legacy Data storage fees based on the following schedule:
GB Price / GB / Year
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+ $ 7.50
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Appendix E – Third Party Data Migration – Project Scope Subject to the terms and conditions of this Agreement, eScribe shall perform the Third-Party Data Migration Services listed below.
In Scope
- N/A
Out of Scope
- N/A
Assumptions
- N/A
Optional Sections
N/A
Additional Notes
- N/A
Migration Timelines
Data migrations are done as a phase 2 of your onboarding project. Migration projects are not committed to the schedule until the project planning phase with your onboarding team.
While we do our best to schedule as close as possible to go-live, typical lead times are approximately 6 months from date of scheduling. It is important to note that the incumbent system must remain available until after the migration is completed.
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Note, an additional cost may apply if the migration needs to happen sooner than the initially scheduled timeline.
Additional Fees
At the completion of the migration, an additional legacy data storage fee will be charged based on the amount of migrated data in gigabytes (GB) as per the table in Appendix D.
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June 16, 2026
Community Development
DATE: June 16, 2026
TO: Mayor Martinez and Members of the City Council
FROM: Lina Velasco, Director of Community Development
Avery Stark, Planning Manager
Subject: 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: ADOPT an ordinance (second reading) 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 15.04.806.040 of the Richmond
AGENDA
REPORT
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June 16, 2026
Municipal Code (RMC) - Community Development
Department (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 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.
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June 16, 2026
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); Amend emergency shelter parking standards to only require parking necessary for emergency shelter staff consistent with Government Code Section 65583; and
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June 16, 2026
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:
A. The proposed amendment is consistent with the General Plan.
Statement of Fact: The proposed Zoning Ordinance amendments are 377
June 16, 2026
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.
Statement of Fact: The proposed Zoning Ordinance amendments will modify the text only and will not change the Zoning map. 378
June 16, 2026
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 adequately addresses the potential physical impacts associated with implementation of the Richmond Housing Element.
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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
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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
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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 382
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 383
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.
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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
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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. 386
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 387
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 388
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 389
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. 390
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 391
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. 392
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.
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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.
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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 395
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.
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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. 397
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.
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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 399
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. 400
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.
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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 402
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.
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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).
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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.
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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. 406
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).
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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.
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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. 409
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 410
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
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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.
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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.
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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. 414
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 415
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.
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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. 417
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. 418
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 419
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. 420
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. 421
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. 422
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. 423
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.
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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. 425
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:
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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.
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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) 428
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 429
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
430
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
431
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
432
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
433
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
434
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
435
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 436
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.)
437
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
438
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 439
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 440
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.
441
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 442
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; 443
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.)
444
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
445
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, 446
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%
447
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. ①② 448
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.
449
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.
450
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
451
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
452
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
453
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
454
Figure 15.04.201.080-D(2): Residential Development Type Illustration:
Bungalow Court
455
Figure 15.04.201.070-D(3): Residential Development Type Illustration:
Townhouse Development
456
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.
457
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; 458
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 459
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
460
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. 461
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
462
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
463
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.
464
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
465
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. 466
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.
467
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
468
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
469
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
470
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
471
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 472
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 473
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.
474
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 475
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
476
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.
477
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
478
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. 479
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
480
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.
481
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.
482
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.
483
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. 484
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.
485
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.
486
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 487
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
488
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
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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 490
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
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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
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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).
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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
494
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.
495
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.
496
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. 497
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. 498
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. 499
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). 500
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; 501
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, 502
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 503
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;
504
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. 505
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.
506
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.
507
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:
508
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). 509
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. 510
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.
511
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
512
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
513
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
514
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
515
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
516
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
517
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) 518
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
519
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
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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
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TABLE 15.04.607.060: PARKING DIMENSIONS
522
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.
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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.
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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.
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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
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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:
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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:
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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.
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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 530
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: