This Series establishes the procedures and criteria by which the City of Richmond will review proposed land use and development for compliance with Article XV, Zoning and Subdivision Regulations, of the Municipal Code of the City of Richmond ("Article XV").

All use and development of land or structures, construction of buildings and improvements to the land, and changes in the use of land or structures must obtain permits and approvals in accordance with Article XV, unless specifically exempted.

A.

Requirements for new structures or land uses, or changes to structures or land uses. No permit shall be issued by the City unless the proposed project complies with all applicable provisions of Chapter 15.04, including the applicable findings, conditions of approval, and all other applicable provisions of law

B.

Legal Parcel. The site of a proposed land use, development, modification, or other improvement shall be on a parcel(s) legally created in compliance with the Subdivision Map Act and the City's Subdivision Regulations. Parcels created after the adoption of Series 400, Form-Based Zoning Districts, are subject to the requirements in Article 15.05.100 (Building Form Standards) for the applicable Transect Zone.

C.

Minimum requirements. The provisions of this Code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When discretion is provided on the part of a City official or body, that discretion may be exercised to impose conditions on the approval of any project proposed.

D.

Effect on Existing Development and Land Uses. Development and/or use(s) legally existing as of the adoption of this Code shall comply with Section 15.05.850 (Nonconforming Provisions).

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

This article states the roles and responsibilities of all bodies, officials, and administrators with respect to administering and enforcing Article XV.

The powers and duties of the City Council under Article XV include, but are not limited to the following:

A.

Approve the appointment of each member of the Design Review Committee, as required by Section 15.04.802.040 (Design Review Board).

B.

Approve the appointment of each member of the Historic Preservation Commission, as required by Section 15.04.802.050 (Historic Preservation Commission).

C.

Adopt guidelines for design review pursuant to Article 15.04.805 (Design Review).

D.

Hear and decide appeals to revoke permits, as required by Section 15.04.803.130 (Revocation).

E.

Hear and decide appeals from decisions of the Planning Commission on Use Permits, variances, and any other permits that can be appealed, as required by Section 15.04.803.140 (Appeals).

F.

Initiate, consider, and adopt, reject, or modify amendments to the General Plan map and text as required by the provisions of Article 15.04.813 (General Plan Amendments) following a public hearing and recommended action by the Planning Commission.

G.

Initiate, consider, and adopt, reject, or modify amendments to the Zoning Map and to the text of Article XV as required by the provisions of Article 15.04.814 (Amendments to Zoning Map and Text), following a public hearing and recommended action by the Planning Commission.

H.

Hear and decide applications for development agreements, as required by Article 15.04.811 (Development Agreements).

The Planning Commission is established and organized pursuant to Chapter 3.20 (Planning Commission) of Article III of the Municipal Code and the requirements of the Government Code. The powers and duties of the Planning Commission under Article XV include, but are not limited to the following:

A.

Initiate proceedings, conduct hearings and decide on proposed revocations of permits, pursuant to Section 15.04.803.130 (Revocation).

B.

Hear and decide appeals of approvals, determinations, interpretations, and any other decisions made by the Director or the Zoning Administrator in the administration and enforcement of Article XV that are subject to appeal, as required by Section 15.04.803.140 (Appeals).

C.

Hear and decide appeals of decisions by the Design Review Board on major design review applications, pursuant to Section 15.04.805.020 (Major and Minor Design Review).

D.

Approve, conditionally approve, modify, or deny Conditional Use Permits in accordance with Article 15.04.806 (Use Permits).

E.

Approve, conditionally approve, modify, or deny applications for Variances in accordance with Article 15.04.808 (Variances).

F.

Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text, as required by the provisions of Article 15.04.813 (General Plan Amendments).

G.

Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of Article XV, as required by the provisions of Article 15.04.814 (Amendments to Zoning Map and Text).

The Design Review Board is established to conduct design review of proposed development in accordance with Article 15.04.805 (Design Review). It is organized and has the power and responsibilities as follows.

A.

Membership.

1.

The Design Review Board must consist of at least three and no more than seven persons who live or work in the City of Richmond. At least a majority of its members must reside in the City of Richmond.

2.

To the extent practicable, membership of the Design Review Board must consist of one architect, two laypersons, one person from the business community, and one landscape architect or expert in a wide range of design/construction fields. The remaining two positions must be held by persons who are qualified to analyze and interpret architectural and design plans.

B.

Quorum.

1.

A quorum is needed to conduct business in the name of the Design Review Board. A majority of Design Review Board's current members constitutes a quorum, provided, however, that a quorum is never fewer than three members.

2.

If a quorum is present, a majority of the votes cast is sufficient for the adoption of any motion, provided, however, that at least three affirmative votes is required for the adoption of a motion.

C.

Responsibility. The powers and duties of the Design Review Board under Article XV include, but are not limited to, the following:

1.

Consider all applications that are subject to major design review, pursuant to Article 15.04.805 (Design Review).

2.

Approve, conditionally approve, or deny applications for major design review, in accordance with Article 15.04.805 (Design Review).

D.

Appointment. Each member of the Design Review Board must be appointed by the Mayor with the approval of the City Council.

E.

Term. Members of the Design Review Board are appointed for two-year terms. No member may serve for more than four consecutive full terms, provided however, that a member may remain in office until that member's successor has been appointed by the Mayor and confirmed by the Council.

F.

Automatic Resignation. The absence of any member from more than eight regularly scheduled meetings of the Design Review Board within any twelve-consecutive-month period constitutes an automatic resignation from the Design Review Board; provided that the nonattendance by a member of the Design Review Board at a regularly scheduled meeting due to the requirements of other city business does not constitute an absence. Automatic resignation from the Design Review Board does not disqualify an individual from subsequently being appointed to the same or any other City commission or board.

G.

Rules of Procedure Required. The Design Review Board must adopt formal procedural rules governing the duties and operation of the Board and the conduct of meetings.

H.

Meetings. All meetings of the Design Review Board must be open to the public and noticed in accordance with Section 15.04.803.070 (Public Notice).

I.

Technical Assistance. If, in the opinion of the Design Review Board, any design proposal may cause the emission of dangerous or objectionable noise, light, or vibrations, or not conform to design policies established in the General Plan or any applicable specific plan, the Design Review Board may refer the application for investigation and request a report from one or more expert consultant(s) qualified to advise as to how the design proposal might be modified to conform to the General Plan and to applicable regulations, policies, development standards, and performance standards. The Planning Division will manage the consultant(s). The applicant will be required to pay the fee for services performed by the consultant(s) plus overhead costs, as established in the Master Fee Schedule.

The Historic Preservation Commission is established to identify historic resources, assist in the creation and implementation of regulations for Historic Districts and Landmarks in accord with Article 15.04.303, and review and approve, reject, or approve with conditions all proposed projects involving major alterations to historic resources. It is organized and has the powers and responsibilities as follows.

A.

Membership. The Historic Preservation Commission shall consist of seven members who reside or work in the City and have a demonstrated special interest, competence or knowledge of historic preservation. At least a majority of the currently serving members shall be persons who reside in the City. To the extent practicable, membership shall consist of at least one licensed architect, one licensed landscape architect, one general building contractor, one representative from the National Park Service, and one lay person. The remaining members may be representatives from recognized historic preservation organizations or professionals in the disciplines of history, architecture, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, conservation, and landscape architecture, urban planning, American studies, American civilization, or cultural geography.

B.

Appointment. Members shall be nominated by the Mayor and appointed with concurrence of at least four other members of the City Council.

C.

Training. Each member of the Historic Preservation Commission shall complete at least one training session in historic preservation public policy and local historic resources each year. The training session shall be conducted by professional architects, historians, archaeologists, planners and/or attorneys affiliated with or sponsored by established organizations, public agencies or institutions with extensive experience in historic preservation public policy implementation, such as the State Office of Historic Preservation, State Historical Resources Commission, colleges and universities, American Institute of Architects or the California Preservation Foundation.

D.

Quorum.

1.

A quorum is needed to conduct business in the name of the Historic Preservation Commission. A majority of Historic Preservation Commission's current members constitutes a quorum, provided, however, that a quorum is never fewer than three members.

2.

If a quorum is present, a majority of the votes cast is sufficient for the adoption of any motion, provided, however, that at least three affirmative votes is required for the adoption of a motion.

E.

Responsibility. The Historic Preservation Commission shall meet at least four times annually to perform the following tasks:

1.

Act in an advisory capacity to the City Council in all matters pertaining to historic preservation;

2.

Maintain a local inventory of historical resources within the City; publicize and update the inventory periodically;

3.

Recommend the designation of archaeological resources, historic resources and historic districts pursuant to Article 15.04.303 (Historic Districts and Landmarks Overlay District) and review and approve certificates of appropriateness and demolition permits pursuant to Article 15.04.303;

4.

For projects requiring Planning Commission approval, the Historic Preservation Commission shall review only the historic preservation and design-related issues and make a recommendation to the Planning Commission.

5.

Investigate and report to the Council on the use of various federal, state, local, or private funding sources and mechanisms available to promote preservation in the City;

6.

Review and comment on the decisions and documents (including environmental assessments, environmental impact reports, and environmental impact statements) of other non-City public agencies when they affect historic resources in the City;

7.

Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic preservation and request and receive any appropriate information from any City departments or Historic Preservation Commission;

8.

Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historical resources;

9.

Render advice and guidance upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any historic resource;

10.

Perform any other functions that may be designated by resolution or motion of the Council.

F.

Rules of Procedure Required. The Historic Preservation Commission must adopt formal procedural rules governing the duties and operation of the Commission and the conduct of meetings.

G.

Meetings. All meetings of the Historic Preservation Commission must be open to the public and noticed in accordance with Section 15.04.803.070 (Public Notice).

H.

Reporting. Each year, the Historic Preservation Commission shall forward its certified local government annual report to the City Council. This item shall be for information purposes only and shall not require action by the City Council.

I.

Surveys. The Historic Preservation Commission shall develop procedures for conducting surveys of historic resources. Such surveys shall be conducted in accordance with guidelines published by the California State Office of Preservation, including the use of state-approved inventory forms, encoding sheets, and the California Historic Resources Inventory Survey Workbook. Procedural standards for evaluation of properties shall be consistent with the National Register of Historic Places Criteria.

J.

Term of Office of Members. The term of each member shall be for four years; provided, however, that a member may remain in office until that member's successor has been appointed by the Mayor and confirmed by the Council.

K.

Absence from Meetings. The absence of any member of the Historic Preservation Commission from more than three regularly scheduled meetings of the Commission within any twelve-consecutive-month period shall constitute an automatic resignation from the Commission; provided that the nonattendance by a member of the Commission at a regularly scheduled meeting due to the requirements of other City business shall not constitute an absence. Such a resignation shall not, however, disqualify an individual from subsequently being appointed to the same or any other City Commission or Board. In the event of any such resignation, the vacancy shall be filled by appointment for the unexpired portion of the term of the appointee's predecessor in the manner prescribed above.

The Technical Review Committee is established to assist with the technical screening and review of proposed development. It is organized and has the power and responsibilities as follows.

A.

Membership. The Technical Review Committee consists of one member of each of following City Departments or Divisions: Planning and Building Services, Engineering Services, Public Works, Recreation, and Public Safety (Police and Fire). Members must be appointed by the Director or Chief of their department or division. If the member is unable to attend a regular meeting of the Technical Review Committee, his or her chosen alternate must represent the respective department or division at the meeting.

B.

Responsibility. The powers and duties of the Technical Review Committee under this article include, but are not limited to the following:

1.

Assist the Planning Division in preparing appropriate project modifications, redesigns, and conditions of approval for discretionary or design review action by the Planning Commission and Design Review Board to be consistent with good planning practices and to meet the standards of fire and building codes, the Municipal Code, Article XV, specific plans, and City Council policy resolutions.

2.

Assist in the screening for completeness of development applications that require a discretionary hearing by the Zoning Administrator or Planning Commission or that require a design review hearing by the Design Review Board.

C.

Meetings. The Technical Review Committee meets monthly or more frequently, as needed, to review proposed development applications.

The powers and duties of the Director of Planning and Building Services (the "Director") under Article XV include, but are not limited to the following.

A.

Maintain and administer Article XV, including oversight of processing of applications, abatements and other enforcement actions.

B.

Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures may include the administrative details of hearings officiated by the Director or the Zoning Administrator (e.g., scheduling, rules of procedure and recordkeeping) as well as other written policies and procedures needed to implement Article XV.

C.

Issue administrative regulations for the submission and review of applications subject to the requirements of Article XV and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions), including determining what constitutes a complete application.

D.

Negotiate specific components and provisions of development agreements, as provided by Article 15.04.811 (Development Agreements).

A.

Designation of Zoning Administrator. The Director shall designate the staff member to serve as the Zoning Administrator, which may be the Director himself/herself.

B.

Zoning Administrator's Responsibilities. The powers and duties of the Zoning Administrator under Article XV include, but are not limited to the following.

1.

Interpret Article XV for members of the public and to other City Departments.

2.

Review applications for discretionary permits, design review, and approvals under this Ordinance for conformance with applicable submission requirements and time limits in accordance with Article 15.04.803 (Common Procedures) and determine when applications are complete.

3.

Administer environmental review requirements pursuant to the California Environmental Quality Act ("CEQA"); determine whether a project is exempt from environmental review under CEQA and, if so, make a record of that determination, pursuant to Section 15.04.803.060 (Environmental Review); propose project revisions and conditions to mitigate environmental impacts; determine whether applications will require preparation of an environmental impact report; and approve Negative Declarations and Mitigated Negative.

4.

Provide public notice, as required pursuant to Section 15.04.803.070 (Public Notice).

5.

Make decisions on minor design review applications, pursuant to Section 15.04.805.020 (Major and Minor Design Review).

6.

Hear and decide applications for Administrative Use Permits pursuant to Article 15.04.806 (Use Permits).

7.

Hear and decide requests for minor modifications to approved permits, pursuant to Section 15.04.803.120 (Modification of Approved Plans).

8.

Make decisions on requests for waivers of dimensional requirements, pursuant to Article 15.04.809 (Waivers).

9.

Review and make decisions on minor alterations, pursuant to Article 15.04.303.120 (Certificates of Appropriateness).

10.

Review and make decisions on applications for signs under Article 15.04.609 (Signs).

11.

Make recommendations to the Planning Commission and City Council on all matters on which they have decision-making authority pursuant to Sections 15.04.802.030 (Planning Commission) and 15.04.802.020 (City Council).

12.

Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures, pursuant to Section 15.04.803.130 (Revocation).

13.

Review applications for permits and licenses for conformance with Article XV, pursuant to Article 15.04.804 (Zoning Compliance Review).

14.

Enforcing the provisions of Article XV and investigating all violations and suspected violations of Article XV pursuant to Article 15.04.815 (Enforcement Provisions).

15.

Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

16.

Refer an application for investigation and a report to one or more expert consultant(s) qualified to advise as to whether the proposal will conform to the General Plan or any applicable regulations, policies, development standards, and performance standards.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

This article establishes the procedures that are common to the application for and processing of all permits and approvals provided for in Article XV, except as superseded by a specific requirement of Article XV or State law.

A.

Authority to File Applications. The following persons and/or entities are considered qualified applicants and have authority to file an application for review or approval under Article XV:

1.

The owner of the subject property ("owner"), including 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.

2.

The owner's agent, with written consent of the owner.

3.

The purchaser of the subject property, with written consent of the owner.

4.

A lessee, with written consent of the owner.

B.

Application Contents.

1.

Application Forms. The Director must prepare and issue application forms that specify the information and materials required from applicants for projects subject to the provisions of Article XV.

2.

Electronic Submissions and Supporting Information and Materials. The Zoning Administrator may require the electronic submission of application materials, consistent with the Government Code, and also is authorized to request the submission of additional information and materials from the applicant when necessary to complete the review of the project. The information and materials may include, but are not limited to, written descriptions, photographs, plans, drawings, maps, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project. Unless otherwise specified, all renderings must depict the proposed structure, landscaping, and other improvements, and surrounding uses as they would appear after project completion.

3.

Submittal Waivers. The Zoning Administrator may waive certain submittal requirements to tailor the requirements to the information necessary to review the particular application.

4.

Public Review. All forms, information, and materials submitted in support or in opposition to an application become property of the City, may be distributed to the public, and will be made available for public inspection. Upon reasonable request and during normal business hours, any person may examine these submittals in the Planning Division. Unless prohibited by law, copies of these submittals will be made available at a reasonable cost.

C.

Application Fees.

1.

Schedule of Fees. The City Manager is responsible for maintaining a Master Fee Schedule pursuant to Municipal Code Section 2.34.040 (Schedule of Fees and Service Charges) for fees and deposits for permits, appeals, amendments, penalties, copying, and similar items to defray the cost of processing applications under Article XV.

2.

Fee Waiver. An applicant may submit a written request to the Zoning Administrator for the waiver of all or a portion of fees. Upon a finding by the Zoning Administrator that, owing to exceptional or extraordinary circumstances, collection of the required fees will result in unnecessary hardship, the fees may be reduced or waived by the Zoning Administrator.

3.

Payment of Fees. Payment of the fee is required in order for an application to be complete, unless a fee waiver has been granted.

4.

Multiple Applications. The City's processing fees are cumulative. For example, if the application for Design Review includes a Conditional Use Permit, both fees will be charged.

5.

Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Municipal Code or by a policy of the City Council.

A.

Purpose. Pre-Application Review is an optional review process. This review's purpose is to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large, complex projects and/or potentially controversial projects.

B.

Exemption from Permit Streamlining Act. An application that is accepted for Pre-Application Review is not complete under the California Permit Streamlining Act unless and until the Zoning Administrator has received the application, reviewed it, and determined it to be complete as required by Section 15.04.803.040 (Review of Applications).

C.

Review Procedure. The Zoning Administrator conducts the Pre-Application Review. The Zoning Administrator may consult with or request review by any City agency or official with interest in the application.

D.

Recommendations Are Advisory. Neither Pre-Application Review nor the information conveyed during the Pre-Application Review is a recommendation for approval or denial of an application by City representatives. Any recommendations that result from Pre-Application Review are advisory; they are not binding on the applicant or the City.

A.

Review for Completeness.

1.

The Zoning Administrator must determine whether an application is complete within 30 days of the date that the application is filed with the required fee. If the Zoning Administrator does not make such determination, the application is deemed complete pursuant to State law and shall be processed accordingly.

2.

The Zoning Administrator and the applicant may mutually agree in writing to extend this time period.

B.

Incomplete Application.

1.

Zoning Violations. An application is incomplete if conditions exist on the site in violation of Article XV or any permit or other approval granted in compliance with Article XV, unless the proposed project includes a correction of the violation(s).

2.

Notification of Deficiencies. If an application is incomplete, the Zoning Administrator must provide written notification to the applicant specifically identifying how the application is deficient and stating that the Planning Division will not process an incomplete application. The application must then be classified as "incomplete."

3.

Correcting Deficiencies. The applicant must provide the materials and/or information required to correct the deficiencies in the application within the time limit specified by the Zoning Administrator, which must not be sooner than 30 days. The Zoning Administrator may grant one extension of up to 90 days.

4.

Expiration of Application. If an applicant fails to correct any specified deficiency within the specified time limit, the application will be deemed expired. After the expiration of an application, the submittal of a new, complete application is required.

5.

Appeal of Determination. The decision that an application is incomplete may be appealed to the Planning Commission in accordance with Section 15.04.803.140, except that there must be a final written determination on the appeal no later than 60 days after the Planning Commission's receipt of the appeal.

C.

Complete Application.

1.

Complete Application Required. An application must be complete before review of the application begins.

2.

Determination of Complete Application. An application is complete when the Zoning Administrator determines that it is submitted on the required form, includes all the necessary information to decide whether the application will comply with the requirements of Article XV, and is accompanied by the applicable fee(s). The Zoning Administrator's decision is final and not subject to review by a decision-making body.

3.

Recording Date and Scheduling Hearing. When an application is determined to be complete, the Zoning Administrator must make a record of that date. If the application requires a public hearing, the Zoning Administrator must schedule it and notify the applicant of the date and time.

When multiple applications that require public hearings are filed for the same projects, all issues shall be heard together by the review authority with the most authority, and other review bodies shall provide recommendations to that review authority unless more specific procedures for a specific application or procedure are prescribed elsewhere in Article XV. If a project requires design review, and a conditional use permit, the Design Review Board shall make a recommendation to the Planning Commission. If a rezoning is also required, then the Planning Commission and Design Review Board shall make recommendations to the City Council. However, if a legislative decision is required, the Zoning Administrator shall have the authority to require that the legislative decision be considered first.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Before approving any application subject to discretionary review under Article XV, the requirements of the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) must be met.

A.

Procedures. The City adopts and incorporates by reference the State CEQA Guidelines as its environmental review procedures.

B.

Determination of Exemption. The Zoning Administrator must determine whether a project is exempt from environmental review under CEQA and, if so, must make a record of that determination. If the project is not exempt, a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report must be prepared at the applicant's expense.

C.

Exempt Projects. Prior to approving the project, the decision-maker(s) must first approve the Zoning Administrator's determination of an exemption. Following project approval, a Notice of Exemption need not be filed with the Contra Costa County Clerk-Recorder's Office, County Recorder Division unless the applicant requests it or the City determines that it is necessary. The applicant must pay all filing fees for the Notice of Exemption.

D.

Non-exempt Projects. If the Zoning Administrator determines that the project is not exempt from environmental review under CEQA, the applicant must be notified and must deposit with the City sufficient funds to pay the anticipated cost of preparation and processing of the required environmental document, include the City's administration fee. Prior to approving the project, the decision-maker must first approve the Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. Any identified mitigation measures must be incorporated into the conditions of approval of the project unless a Statement of Overriding Considerations is adopted. Following project approval, a Notice of Determination must be filed with the Contra Costa County Clerk-Recorder's Office, County Recorder Division at the applicant's expense.

Whenever the provisions of Article XV require public notice, notification must be provided in compliance with this section and State law. Unless otherwise specified in Article XV or applicable State law, all notice must be provided at least 10 days prior to the public hearing or, where no hearing is required, 15 days before the date of action. The type of notice(s) required is indicated in Table 15.04.803.150 (Decision Making, Public Hearing, and Notice Requirements).

A.

Contents of Notice. The notice must include the following information:

1.

The location of the real property, if any, that is the subject of the application;

2.

A general description of the proposed project or action;

3.

The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4.

The identity of the hearing body or officer;

5.

The names of the applicant and the owner of the property that is the subject of the application;

6.

The location and times at which the complete application and project file may be viewed by the public;

7.

If a public hearing is required, a statement that any interested person or authorized agent may appear and be heard; and

8.

A statement describing how to submit written comments, what the appeal procedures are, and that failure to raise an issue may limit appeal rights.

B.

Types of Notice.

1.

On-Site Poster (Type A). The applicant erects a poster on the site of the proposed project, readily visible to the public, in a format prescribed by the Zoning Administrator. This poster must remain in place until the public hearing or date of action, after which the applicant must remove the poster.

2.

Limited Notice (Type B). Notice is provided by first class mail delivery to the applicant, the owner, any occupant of the subject property, and all property owners of record within 300 feet of the subject property as shown on the latest available assessment role.

3.

Posted and Online Notice (Type C). Notice is posted at City Hall and on the City's website and at two additional public places within the City.

4.

Newspaper Notice (Type D). A display advertisement of at least one-eighth page is published in a newspaper of general circulation.

5.

Mailed Notice (Type E). Notice is provided by first class mail delivery to the parties listed below. If the number of owners to whom notice would be mailed or delivered to is greater than 1,000, Type D newspaper notice may be used instead.

a.

The applicant, the owner, and any occupant of the subject property.

b.

All property owners of record within 300 feet of the subject property as shown on the latest available assessment role or within a larger area if deemed necessary by the Zoning Administrator in order to provide adequate public notification.

c.

All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located.

d.

The City of San Pablo, the City of Pinole, the City of El Cerrito, or the City of Albany if the subject property is within 300 feet of the respective jurisdiction's boundary.

e.

The County of Contra Costa if the subject property is within 300 feet of the unincorporated County of Contra Costa.

f.

The West Contra Costa Unified School District, East Bay Municipal Utility District, and any other local agency expected to provide water, wastewater treatment, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

g.

Any person or group who has filed a written request for notice regarding the specific application and has paid any required fee that the City Council has adopted to provide such service.

6.

Additional Notice (Type F). Notice may be provided in any other manner deemed necessary or desirable by the Zoning Administrator.

C.

Failure to Receive Notice. The validity of the proceedings are not affected by the failure of any person or entity to receive notice under this section.

Whenever the provisions of Article XV require a public hearing, the hearing must be conducted in compliance with the requirements of State law and as follows.

A.

Staff Report. At least five days prior to the hearing, the Zoning Administrator must issue a staff report containing an analysis of the project, recommendation for action, and any recommended conditions of approval deemed necessary to ensure that the project will comply with the General Plan, any applicable specific plan, Article XV, and any other applicable City regulations.

B.

Presentations. At the hearing, the Zoning Administrator must briefly present his or her analysis of the project and recommendation for action. If the hearing is before the City Council, the Planning Commission's recommendation must also be presented. The applicant must also be provided an opportunity to make a presentation.

C.

Testimony. Any person may appear at the public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.

D.

Time Limits. The presiding officer may establish time limits for individual testimony and may request that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

E.

Continuation of Public Hearing. The body conducting the public hearing may continue it to a fixed date, time and place, in which case no additional notification is required. Or, the body conducting the public hearing may continue it to an undetermined date, and provide notice of the continued hearing when the date, time and place for the hearing have been determined.

F.

Investigations. The body conducting the public hearing may require investigations to be conducted, as it deems necessary and in the public interest, in any matter to be heard by the hearing body. The investigation may be made by a committee of one or more members of the hearing body or by City staff. Facts established by the investigation will be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under Article XV, the responsible decision-maker must issue a Notice of Action and make findings as required by Article XV.

A.

Date of Action. After the close of the public hearing or, if no hearing is required, no sooner than ten days after any notice was provided pursuant to Section 15.04.803.070, the decision-maker must make a decision to approve, approve with conditions, or deny the application. Decisions must also be made within any applicable time period set forth below.

1.

Project Exempt from Environmental Review. Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

2.

Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City must take action on the accompanying discretionary project.

3.

Project to Develop Affordable Housing for which an Environmental Impact Report is Prepared. Within 90 days from the date that the decision-making authority certifies the Final Environmental Impact Report for an affordable housing project that meets the criteria set forth in California Government Code Section 6590(a)(2) for environmental review of affordable housing projects, the City must take action on the accompanying project.

4.

Project for which an Environmental Impact Report is Prepared. Within 180 days from the date the decision-making authority certifies a Final Environmental Impact Report, the City must take action on the accompanying discretionary project.

B.

Findings. The decision must be based on the findings required by Article XV. The findings must be based on consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and must be stated in writing. They may refer to a City resolution, ordinance, or record of the action on the application.

C.

Conditions of Approval. In approving an application, the decision-maker may impose reasonable conditions it deems necessary to ensure that the project will comply with the General Plan, any applicable specific plan, Article XV, and any other applicable City regulations.

D.

Referral Back to Planning Commission. In approving applications requiring City Council approval upon a recommendation of the Planning Commission, the Council may add, modify, or delete any terms of the permit itself or any provisions of the conditions of approval. Such action may, but need not be, referred back to the Planning Commission for its review and recommendation.

E.

Notice of Decision. After the decision is made, the Zoning Administrator must issue a notice of decision. For a Planning Commission or City Council action, this notice must consist of the approved resolution or ordinance and any associated conditions of approval. For a decision by any other decision-maker, a letter must be issued to the applicant indicating the decision and any written findings and conditions of approval. A copy of the notice must also be provided to any other person or entity that has filed a written request of such notification.

A final decision on an application for any discretionary approval subject to appeal is effective after the expiration of the 10-day appeal period following the date of action, unless an appeal is filed pursuant to Section 15.04.803.140. No building permit or business license for the structure or use that is the subject of the application may be issued until after the close of the 10-day appeal period.

A.

Expiration. The decision-maker, in the granting of any permit or approval, may specify a time within which the proposed use or construction must be undertaken and actively and continuously pursued. If no time period is specified, any permit or approval granted under Article XV automatically expires if it is not exercised or extended within one year of its issuance.

1.

Exercise of Use Permit. A permit for the use of a building or land that does not involve construction is exercised when the permitted use has commenced on the site.

2.

Exercise of Building Permit. A permit for the construction or alteration of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

B.

Extensions. The Zoning Administrator may grant a two-year extension of any permit or approval granted under this article upon receipt of a complete written application with the required fee prior to the approval's expiration date. In order to grant an extension, the Zoning Administrator must make the following findings:

1.

The applicant has clearly documented that he or she has made a good faith effort to commence and diligently pursue work;

2.

It is in the best interest of the City to extend the approval;

3.

There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act; and

4.

The applicant is maintaining the property in compliance with all applicable City regulations.

C.

In granting an extension pursuant to subsection (B) above, the decision-maker may modify the conditions of approval as deemed necessary to fulfill the purposes of Article XV.

A.

Minor Modifications. The Zoning Administrator may approve minor modifications to approved plans or conditions of approval that are substantially consistent with the original findings and conditions of approval and that would not intensify any potentially detrimental effects of the project.

B.

Major Modifications. Modifications that the Zoning Administrator determines are not minor require the approval of the original decision-maker. Any person holding a permit granted under Article XV may apply for such modification by following the same procedure required for the initial application for the permit. Such modifications may be to the terms of the permit itself or to conditions of approval.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Any permit granted under Article XV may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or regulation is violated. The provisions of this section are not applicable to the termination of nonconforming uses, which are governed by the provisions of Article 15.04.606 (Nonconforming Uses, Structures, and Lots).

A.

Initiation of Proceeding. The Zoning Administrator or the City Attorney's Office may initiate revocation proceedings.

B.

Public Notice. Notice of Revocation must be provided if the original permit required notice.

C.

Required Findings. After a duly-noticed public hearing, a permit may be revoked by the original decision-maker under any one of the following findings:

1.

The approval was obtained by means of fraud or misrepresentation of a material fact;

2.

The use, building, or structure has been substantially expanded beyond what is set forth in the original permit, thereby causing substantial adverse impacts to the surrounding neighborhood;

3.

The use in question has ceased to exist or has been suspended for one year or more; or

4.

There is or has been a violation of or failure to observe the terms or conditions of the permit or approval, or the use has been conducted in violation of the provisions of Article XV or any other applicable law or regulation.

D.

Notice of Action. A written determination of the revocation must be mailed to the permit holder within five days of determination.

A.

Purpose and Applicability. This section establishes the procedures for appeals of any action by the Zoning Administrator, Director, Design Review Board, or Planning Commission in the administration or enforcement of the provisions of this chapter, as long as the decision is not prescribed as final in the individual section that authorizes the decision. Each decision has one appellate body and may be administratively appealed once as described below:

1.

Appeals of Zoning Administrator Decisions. Decisions of the Zoning Administrator may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

2.

Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

3.

Appeals of Design Review Board. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

4.

Appeals of the Historic Preservation Commission. Decisions of the Historic Preservation Commission on permits and related approvals may be appealed to the City Council by filing a written appeal with the City Clerk.

5.

Appeals of Planning Commission Decisions. Decisions of the Planning Commission on permits and related approvals may be appealed to the City Council only after exhaustion of all other administrative remedies by filing a written appeal with the City Clerk.

B.

Rights of Appeal. Appeals may be filed by the applicant, the owner of property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.

C.

Time Limits. Unless otherwise specified in State or Federal law, all appeals must be filed in writing within ten days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period is extended to the close of business on the next consecutive business day.

D.

Procedures.

1.

Filing. The appeal must be written on the appropriate form provided by the City, identify the decision being appealed, clearly and concisely state the reasons for the appeal, and also state specifically how and where the underlying decision constitutes an abuse of discretion and/or is not supported by substantial evidence in the record. The appeal must be accompanied by the required fee.

2.

Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

3.

Transmission of Record. The Director or, in the case of appeals to the City Council, the City Clerk must schedule the appeal for consideration by the authorized hearing body within 60 days of the date the appeal is filed. The Director must forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E.

Standard of Review. The appellate body will review whether the underlying decision is supported by substantial evidence and/or constitutes an abuse of discretion. The same standards and evaluation criteria, including the findings required, apply as they were for the original application. The appellate body's review is limited to the issue(s) raised in the petition for appeal.

F.

Public Notice and Hearing.

1.

Notice. Public notice must be provided and the hearing conducted by the applicable appeal body in accordance with Article 15.04.803 (Common Procedures). Notice must be provided in the same manner that was required for the action that is the subject of the appeal. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission, Historic Preservation Commission, or Design Review Board decision, notice of the appeal must also be given to the Planning Commission, Historic Preservation Commission, or Design Review Board respectively. The Planning Commission, Historic Preservation Commission, and Design Review Board may be represented at the hearing.

2.

Hearing. At the hearing, the appellate body must review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

G.

Action. The appellate body may affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body must state the specific reasons for modification or reversal. Decisions on appeals must be rendered within 30 days of the close of the hearing. An action to grant an appeal requires a majority vote of the hearing body members. A tie vote has the effect of rejecting the appeal.

H.

Referral Back by City Council. The City Council may choose to refer a matter back to the Planning Commission, the Historic Preservation Commission, or Design Review Board for further consideration and a decision if significant new evidence is presented in conjunction with the appeal, which may include substantial changes to the original proposal.

I.

Judicial Action. The appellate body's final decision may be subject to litigation in the Superior Court. Exhaustion of the administrative remedies provided in Article XV, in accordance with Government Code Section 65009 and common law, may be required for the Court to hear the merits of the litigation.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 25-20 N.S., § I(Exh. A), 11-10-2020)

Table 15.04.803.150 summarizes decision-making responsibilities for the various discretionary permits and actions under Article XV and the public notice required for them if applicable.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

This article establishes procedures for conducting a zoning compliance review to verify that each new or expanded use or structure complies with all of the applicable requirements of Article XV.

Zoning compliance review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building that are allowed as a matter of right by Article XV. Before the City may issue any business license, building permit, subdivision approval, lot line adjustment, or any other license, approval, or permit, the Zoning Administrator must review the application to determine whether the use, building, or change in lot configuration complies with all provisions of Article XV, any applicable specific plan and any prior design review, Use Permit or Variance approval, and that all conditions of such permits and approvals have been satisfied.

A.

Application. An application for zoning compliance review must be filed and processed in accordance with the provisions of Article 15.04.803 (Common Procedures).

B.

Determination. The Zoning Administrator must review the application to determine whether the proposed use or construction is allowed by right, requires any type of discretionary planning permit, is allowed pursuant to any previously approved permit, or is prohibited. If the Zoning Administrator determines that the proposal conforms to the requirements of Article XV and any applicable specific plan, a Zoning Certificate will be issued. If the Zoning Administrator determines that the proposal does not conform to the requirements of Article XV or any applicable specific plan, a Zoning Certificate will not be issued, and the applicant will be advised as to how the proposal can be brought into compliance.

The Zoning Administrator's determination may be appealed to the Planning Commission in accordance with Section 15.04.803.140 (Appeals).

A.

Purpose. This article establishes objectives, standards, and procedures for conducting design review. The purpose of these provisions is to ensure that new development supports the General Plan and any applicable specific plan and more specifically to:

1.

Promote high quality, pedestrian-friendly, and sustainable design;

2.

Ensure that new development and uses will be compatible with the existing and potential development of the surrounding area; and

3.

Supplement other City regulations and standards in order to ensure control of aspects of exterior design that are not otherwise addressed and have a bearing on land use compatibility and neighborhood fit.

B.

Applicability. Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

1.

Replacement in kind.

2.

Decks no higher than four feet at any point (excluding railings).

3.

Residences and residential additions of less than 500 square feet in area and less than 15 feet in height, including but not limited to minor window, door, and roof modifications. Exceptions may not be granted from design review for more than one addition in any 12-month time frame.

4.

Accessory structure of less than 250 square feet in area and less than nine feet in height.

5.

Commercial or mixed use additions or improvements of less than 1,000 square feet that do not abut a residential zoning district.

6.

Industrial additions or improvements of less than 1,000 square feet that do not abut a residential zoning district.

7.

Temporary structures of less than 500 square feet total floor area on non-residentially-zoned property, not abutting a residential zoning district.

8.

Single-family homes consistent with the architecture and design standards of a previously approved Planned Area district.

9.

Small residential rooftop solar energy systems.

10.

Solar panels located on roofs or on the ground.

11.

Exterior alterations required by State or federal law or other public agencies.

C.

Historical Resources. Any exterior development of a structure or specific site feature listed on the National Register of Historic Places or the California Register, identified as a contributing structure to a historic district, identified in other state or local historic registries, or as determined by a qualified architectural historian or State or federal historic preservation organization as having significant historic contribution to an area may not be exempt from design review.

Minor and major design review is established as follows:

A.

Minor Design Review.

1.

Projects Subject to Minor Design Review. Projects subject to minor design review include:

a.

Exterior construction and/or site planning of residences and residential additions of more than 500 square feet in area but less than 1,200 square feet total floor area and less than 15 feet in height.

2.

Decision-maker. The Zoning Administrator conducts minor design review and makes a decision to approve, approve with conditions, or deny the design. The Zoning Administrator, in his or her discretion, may refer any application for design review to the Design Review Board for a decision, in which case the application will be reviewed under the major design review procedures.

B.

Major Design Review. The Design Review Board conducts major design review and makes a decision to approve, approve with conditions, or deny a design for any non-exempt project that is subject to design review under subsection 15.04.805.010(B) and does not qualify for minor design review under Section 15.04.805.020.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

A.

Common Procedures. Applications for design review must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures). The Zoning Administrator's determination of what constitute a complete application is final and not subject to review by the Board.

B.

Concurrent Processing; Sequence of Review. When a development project requires a Use Permit, Variance, or any other discretionary approval, the design review application may be submitted to the Planning Division as part of the application for the Use Permit, Variance, or other discretionary approval. The Zoning Administrator has the authority to require consideration of the Use Permit, Variance, or other discretionary approval prior to Design Review.

C.

Working with the Neighborhood Council. All applicants for design review, including administrative design review, are strongly encouraged, but not required, to work with their neighborhood council to resolve issues and concerns prior to submitting an application for design review.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

When conducting design review, the Zoning Administrator or the Design Review Board must evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan and adopted Design Guidelines, and are consistent with any other policies or guidelines the City Council may adopt for this purpose. Building permit details are beyond the scope of design review. To obtain design review approval, projects must satisfy these criteria to the extent they apply.

A.

The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.

B.

The project design evidences a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale of neighboring buildings and how they relate to the street.

C.

The project's design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.

D.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

E.

The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

F.

Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

The Zoning Administrator or Design Review Board may only approve a design review application if he, she, or it finds that the application is consistent with:

A.

The General Plan and any applicable specific plans;

B.

Any applicable design guidelines;

C.

Any approved tentative map, Use Permit, Variance, or other planning or zoning approval that the project required; and

D.

The design review criteria in Section 15.04.805.040 (Design Review Criteria).

When approving the design of a project, the Zoning Administrator or the Design Review Board may impose reasonable conditions related to design impacts caused by the project application in order to:

A.

Achieve the specific purposes of the zoning district in which the project is to be located, the general purposes of Article XV, requirements of any applicable specific plan, and consistency with General Plan;

B.

Protect the public health, safety, and welfare of the citizens of the City of Richmond;

C.

Ensure that the design of the proposed project will be compatible with the surrounding area where it will be located.

No condition of approval can impose further discretionary review of the project by the Design Review Board.

A.

Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

B.

Appeals. The Zoning Administrator's decision on a minor design review application may be appealed to the Planning Commission, and the Design Review Board's decision on a major design review application may be appealed to the Planning Commission in accordance with Section 15.04.803.140 (Appeals).

This article establishes procedures for the approval, conditional approval or disapproval of Use Permits when required by Article XV. A Use Permit is an administrative permission for uses not allowed as a matter of right in a district.

A.

Conditional Use Permits. The Planning Commission must approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of Article XV.

B.

Administrative Use Permits. The Zoning Administrator must approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of Article XV. The Zoning Administrator may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application must be processed as a Conditional Use Permit.

A.

Common Procedures. Applications for Use Permits must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures).

B.

Public Notice and Hearing. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission, and all applications for Administrative Use Permits require public notice and hearing before the Zoning Administrator. All hearings shall be conducted in accordance with Article 15.04.803 (Common Procedures).

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. Findings must be made on the basis of the application, plans, materials, and testimony submitted at the hearing. The inability to make one or more of the findings is grounds for denial of an application.

A.

The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site;

B.

The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

C.

The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions;

D.

The proposed use complies with all applicable provisions of Article XV; and

E.

The site of the proposed use is adequately served by highways, streets, water, sewer, and other public facilities and services.

The decision-maker has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the City Council, and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in accordance with Section 15.04.803.140 (Appeals).

B.

Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Section 15.04.803.110 and 15.04.803.120 (Common Procedures).

C.

Revocations. A Use Permit may be revoked pursuant to Section 15.04.803.130 (Revocation).

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

A.

Purpose. This article establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses as envisioned by the General Plan or any applicable specific plan.

B.

Applicability. A Temporary Use Permit is required for temporary uses that are not otherwise permitted in the base zoning district regulations but meet the standards of this article and for temporary uses identified in base district regulations or regulations for specific uses in Section 15.04.610.410 (Temporary Uses) required to have Temporary Use Permit.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A.

Common Procedures. An application for a Temporary Use Permit must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures). An application must be submitted at least 30 days before the use is intended to begin. The application must include the written consent of the owner of the property or the agent of the owner.

B.

Decision-Maker. The Zoning Administrator may approve, approve with conditions, or deny applications for temporary uses without a public hearing, except temporary use permits for special events, which may be approved by the Director of Community Services.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The follow[ing] temporary activities are allowed without the necessity of obtaining a Temporary Use Permit.

A.

Construction yards—On-site. On-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first.

B.

Emergency facilities. Emergency public health and safety needs/activities.

C.

Public property, or public right-of-way. Activities conducted on public property that are approved by the Council or as otherwise required by the Municipal Code.

D.

Fund-raising car washes. Fund-raising car washes on property within a commercial, industrial zone, or on institutional property.

E.

Events on sites approved for public assembly. An event on the site or within a religious facility, school, golf course, theater, or other similar facility designed, and approved by the City for public assembly.

F.

Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:

1.

The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;

2.

The use is appropriate because:

a.

The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

b.

The applicant has demonstrated that the temporary work site is a short term necessity for a maximum of one year, while a permanent work site is being obtained; and

c.

The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Within a nonresidential zone, a temporary use may be authorized for a period not to exceed 24 hours per event once a month for up to 12 events per year per site for any of the following uses:

A.

A performance, exhibition, dance, celebration or festival requiring a liquor license, entertainment police permit and/or other City permit when sponsored by an organized group of residents and/or business operators in the neighborhood; or

B.

A performance, dance or party requiring a liquor license, entertainment and/or other City permit, an art exhibit, or other similar exhibition in each case if sponsored by a residential or commercial tenant or group of tenants or owner-occupants of the property or structure in which the temporary use is authorized.

When multiple events are proposed within the allowable annual time limit and City permits are to be issued to a particular applicant and premises, only one permit need be granted per annual time period.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The following uses may be authorized in a nonresidential zone for a period not to exceed 60 days:

A.

Exhibition, celebration, festival, circus, or neighborhood carnival;

B.

Booth for charitable, patriotic or welfare purposes;

C.

Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, holiday or evergreen trees and Halloween pumpkins;

D.

New and used auto sales;

E.

Outdoor sales in a parking lot; and

F.

Parking that is accessory to any temporary use listed above.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Temporary uses authorized pursuant to this section may not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five-year periods if the authorized use does not adversely affect the future use of the property consistent with the General Plan, Zoning and applicable specific plans. More specifically, the following uses may be authorized in a nonresidential zone as temporary uses, subject to securing a building permit, if required:

A.

Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

B.

Rental or sales office incidental to a new development, provided that it is located in the development project or in an adjacent temporary structure;

C.

Structures and uses incidental to environmental cleanup and staging;

D.

Parking, including that which is accessory to any temporary use listed above;

E.

A temporary retail structure that accommodates an allowed retail use (per Section 15.05.110.040 (Land Use Table)); and

F.

The temporary use of a specific site for the location filming of commercials, movies, videos, etc.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Any other use that is not listed in Sections 15.04.807.030 through 15.04.807.050 but is permitted in an industrial zoning district may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that authorizing the temporary use will not have a significant adverse effect on the overall timing and phasing of future development under the General Plan and any applicable specific plan.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The Director shall establish the following standards based on the type of temporary use:

A.

Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

B.

Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Code; and

C.

Limitation on the duration of approved "Retail Incubator Structures" to a period of one year with up to two renewals for maximum total period of three years, so that they shall not become permanent or long-term structures. The activity may be extended for more than three years with a Conditional Use Permit.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Code.

A.

Public notice. Prior to a decision on a Limited Term Permit, the City shall provide notice of a public hearing. The notice shall state that the Director will decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

B.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with State law, and the Director shall conduct the public hearing prior to a decision on the application in compliance with State law.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

The Zoning Administrator may approve an application for a Temporary Use only upon making both of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed temporary use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing or proposed parking areas on the site of the temporary use.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A.

Conditions of Approval. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings for a Temporary Use Permit listed above, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Zoning Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Effective Date.

1.

Permit Period 10 Days or Less. A Temporary Use Permit issued for 10 days or less becomes effective on the date the permit is approved by the Zoning Administrator, but cannot expire before the event/use that is subject to the Temporary Use Permit occurring.

2.

Permit Period More than 10 Days. A Temporary Use Permit for more than 10 days becomes effective 11 days from the date the permit is approved by the Zoning Administrator.

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

A.

Appeals. Any party aggrieved by the decision of the Zoning Administrator to approve, approve with conditions, or deny a permit for a temporary use or structure or by the Director of Community Services to approve a temporary use permit for a special event may appeal the decision to the Planning Commission, in accordance with Section 15.04.803.140 (Appeals) if the permit period is more than 10 days or to the City Manager for a permit period of 10 days or less. In the latter case, the City Manager shall act on the appeal within 48 hours of receipt unless an extension of time is mutually agreed.

B.

Expiration, Extensions and Modifications. Temporary Use Permits are effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

(Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

This article establishes procedures for approval or disapproval of variance applications. Variances from the terms of Article XV may be granted only when, because of special circumstances applicable to the property, including but not limited to size, shape, topography, and location surroundings, the strict application of Article XV would deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

A.

Variances may be granted to vary or modify dimensional and performance standards; variances cannot be granted to allow uses or activities that Article XV does not authorize for a specific lot or site.

B.

Notwithstanding the above, a variance may be granted from parking and/or open space requirements as set forth in Government Code Sections 65906.5 and 65911, respectively.

A.

Review Authority. The Planning Commission must approve, conditionally approve, or deny applications for variances based on consideration of the requirements of this article.

B.

Application Requirements. Applications for a variance must be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Article 15.04.803 (Common Procedures). In addition to any other application requirements, the application for a variance must include data or other evidence showing that the requested variance conforms to the required findings set forth in Section 15.04.808.030 (Required Findings).

C.

Public Notice and Hearing. An application for a variance requires public notice and hearing before the Planning Commission in accordance with Article 15.04.803 (Common Procedures).

A.

General. The Planning Commission must approve an application for a variance as it was applied for, or in a modified form as required by the Commission, if, on the basis of the application, plans, materials and testimony submitted, the Planning Commission finds:

1.

That because of special circumstances or conditions applicable to the subject property, including size, shape, topography, location or strict application of the requirements of the provisions of Article XV will deprive such property of privileges enjoyed by the property in the vicinity and zone in which the property is situated;

2.

The variance will not be detrimental or injurious to property or improvements in the vicinity of the subject property, or the public health, safety or general welfare;

3.

The variance is consistent with the purposes of this article and will not constitute a grant of special privilege inconsistent with limitations on other properties in the vicinity and in the same zoning district; and

4.

The variance, if granted, will not authorize a use or activity that is not otherwise expressly authorized by the zoning district regulations that governs the property.

B.

Variances for Parking. In the case of parking regulations, a variance may be granted in order that some or all the required parking spaces be located off-site or that in-lieu fees or facilities be provided instead of the required parking spaces, provided that the Planning Commission determines that:

1.

The variance will be an incentive to, and a benefit for nonresidential development; and

2.

The variance will facilitate access to nonresidential development by patrons of public transit facilities.

C.

Variance for Open Space. In the case of open space regulations, a variance may be granted only if doing so is consistent with Government Code Section 65911 and the requested variance will not conflict with General Plan policies governing orderly growth and development and the preservation and conservation of open space lands.

In approving the variance, the Planning Commission may impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Appeals. A decision of the Planning Commission may be appealed to the City Council, in accordance with Section 15.04.803.140 (Appeals).

B.

Expiration, Extensions and Modifications. Variances are effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

This article is intended to provide an alternate means of granting relief from the requirements of Article XV for minor deviations from dimensional and design standards when so doing would be consistent with the purposes of Article XV and it is not possible to grant a variance. Further to this end, it is the policy of the City to comply with the federal Fair Housing Act, the Americans with Disabilities Act, the Religious Land Use and Institutionalized Persons Act, and the California Fair Employment and Housing Act to provide reasonable accommodation for protected uses and for persons with disabilities seeking fair access to housing through a waiver of the application of the City's zoning regulations. This article authorizes the Zoning Administrator to grant administrative relief from Article XV's dimensional requirements to achieve these objectives.

The Zoning Administrator may grant relief from the dimensional requirements specified in Article XV, not to exceed 10 percent of the requirement. The Zoning Administrator also may grant a waiver that would exceed 10 percent where such a waiver is necessary to comply with the reasonable accommodation provisions of State and/or federal law, based on a determination that the specific circumstances of the application warrant such an accommodation. Waivers may be granted for:

A.

Setbacks. Up to 10 percent of front, side, and rear yard setback standards.

B.

Build-to Lines. Up to 10 percent of the standards for building façade location.

C.

Parking. Up to 10 percent of the dimensional standards for parking spaces, aisles, driveways, landscaping, garages on sloping lots, and parking facility design.

D.

Fences. Up to 10 percent of the standards for the maximum height and location of fences.

E.

Lot Coverage. Up to 10 percent of the maximum amount of lot coverage.

F.

Height. Up to 10 percent or two feet of the maximum building height or other height limitations, whichever is less.

G.

Landscaping. Up to 10 percent of the required landscaping.

H.

Transparency. Up to 10 percent of the minimum ground-floor building transparency requiring views into buildings.

I.

Other Standards. Up to 10 percent of other development standards not listed in Section 15.04.809.030 below.

Waivers cannot be granted for any of the following standards:

A.

Lot area, width, or depth;

B.

Maximum number of stories;

C.

Minimum number of required parking spaces;

D.

Minimum or maximum residential density; or

E.

Maximum floor area ratio (FAR).

A.

Authority and Duties. The Zoning Administrator must approve, conditionally approve, or deny applications for waivers based on consideration of the requirements of this article.

B.

Application Requirements. An application for a waiver must be filed and processed in accordance with the procedures in Article 15.04.803 (Common Procedures). In addition to any other application requirements, the application for a waiver must include data or other evidence explaining why the findings necessary to grant the waiver, set forth in Section 15.04.809.050 (Required Findings), are satisfied.

C.

Review of Waiver Requests for Reasonable Accommodation to Ensure Access to Housing. An application for a waiver based on a request for a reasonable accommodation to ensure access to housing will be referred to the Zoning Administrator for review and consideration. Such a request may exceed the 10 percent limits in Section 15.04.809.020 (Applicability). The Zoning Administrator must issue a written decision within 45 days of the date the application is deemed complete, and may grant the reasonable accommodation request, grant with modifications, or deny the request. All written decisions must give notice of the right to appeal and to request reasonable accommodation in the appeals process.

D.

Concurrent Processing. If a request for waiver is being submitted in conjunction with an application for another approval, permit, or entitlement under Article XV, it must be heard and acted upon at the same time and in the same manner as that application.

A decision to grant a waiver must be based on the following findings:

A.

The waiver is necessary due to the physical characteristics of the property and the proposed use or structure or other circumstances, including, but not limited to, topography, noise exposure, irregular property boundaries, or other unusual circumstance.

B.

There are no alternatives to the requested waiver that could provide an equivalent level of benefit to the applicant with less potential detriment to surrounding owners and occupants or to the general public.

C.

The granting of the requested waiver will not be detrimental to the health or safety of the public or the occupants of the property or result in a change in land use or density that would be inconsistent with the requirements of Article XV.

D.

If the waiver requested is to provide reasonable accommodation pursuant to State or federal law, the review authority must also make the following findings in addition to any other findings that this article requires:

1.

That the housing or other property that is the subject of the request for reasonable accommodation will be used by an individual or organization entitled to protection;

2.

If the request for accommodation is to provide fair access to housing, that the request for accommodation is necessary to make specific housing available to an individual protected under State or federal law;

3.

That the conditions imposed, if any, are necessary to further a compelling public interest and represent the least restrictive means of furthering that interest; and

4.

That denial of the requested waiver would impose a substantial burden on religious exercise or would conflict with any State or federal statute requiring reasonable accommodation to provide access to housing.

The decision-maker has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan, and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Waivers approved based on State or federal requirements for reasonable accommodation may be conditioned to provide for rescission or automatic expiration based on a change of occupancy or other relevant change in circumstance.

The Zoning Administrator's decision on a waiver may be appealed to the Planning Commission in accordance with Section 15.04.803.140 (Appeals).

This article provides procedures for establishing a Planned Area District to facilitate orderly development of larger sites in the City consistent with the General Plan, especially where a particular mix of uses or character is desired that can best be achieved through an integrated development plan.

The procedures in this article apply to all proposals to establish a Planned Area District. The minimum area for a Planned Area District is two acres.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

A.

Decision-Making Body. A Planned Area District must be adopted by the City Council as a Zoning Map amendment. A public hearing before the Planning Commission for a recommendation is required prior to City Council review.

B.

Review Procedures.

1.

Rezoning. An application for rezoning to a Planned Area District must be processed as an amendment to the Zoning Map, according to the procedures of Article 15.04.814 (Amendments to Zoning Map and Text), and must include a Planned Area Plan.

2.

Planned Area Plan. The Planned Area Plan will be accepted and processed concurrently, in the same manner as a Conditional Use Permit application, pursuant to Article 15.04.803 (Common Procedures) and Article 15.04.806 (Use Permits), although additional information is required to be submitted in order to determine if the intent of Article XV and the General Plan will be fulfilled. A Planned Area Plan is subject to Major Design Review under Article 15.04.805 (Design Review), which shall occur prior to Planning Commission action on a Planned Area Plan.

3.

Tentative Subdivision Map. When a Planned Area requires the submission of a tentative subdivision map, this map and all supporting documents must be prepared and submitted concurrently with the application for rezoning to a Planned Area District.

4.

Planned Development. A Master Plan may be submitted as a Planned Area Plan, with additional engineering detail provided in "unit plans." The Director of Public Works and City Engineer may waive submission of detailed engineering site plans for a Master Plan, provided they are submitted with the unit plans.

C.

Initiation. An amendment to rezone to a Planned Area District must be initiated by a qualified applicant. If the property is not under a single ownership, all owners must join the application, and a map showing the extent of ownership must be submitted with the application.

D.

Application Content. An application for a Planned Area District, made on the prescribed form, must be filed with the Planning Division, accompanied by the required fee. Applications must contain all of the following:

1.

Legal Description. A legal description of the site and a statement of the number of acres contained therein.

2.

Title Report. A title report verifying the description and the ownership of the property.

3.

Ownership Declaration. A declaration as to whether the site is to remain under the same ownership and control or to be divided into small units during or after development and the manner and method of the division.

4.

Project Narrative. A generalized narrative describing the location of the site, its total acreage, and the existing character and use of the site and adjoining properties; the concept of the proposed development, including proposed uses and activities, proposed residential densities, if appropriate, and physical land alteration required by the development; and the relation of the proposed Planned Area to the General Plan.

5.

Development Schedule. A development schedule, including anticipated timing for commencement and completion of each phase of development, tabulation of the total number of acres in each separate phase and percentage of such acreage to be devoted to particular uses, and an indication of the proposed number and type of dwelling units by phase of development, if applicable.

6.

Maps and Diagrams. Maps, diagrams, and other graphics necessary to establish the physical scale and character of the development and to demonstrate the relationship among its constituent land uses, buildings and structures, public facilities, and open space. These graphics must, at a minimum, include:

a.

A map showing the perimeter boundaries of the project site, the perimeter of the ownership, the location and dimensions of any existing property lines and easements within the site, and all uses and structures within a 300-foot radius of the project area boundaries;

b.

Existing and proposed changes in the topography of the site, including the degree of land disturbance, the location of drainage channels or water courses, and the direction of drainage flow in one-foot contour intervals on areas of cross-slopes of less than five percent, at two-foot intervals on areas of cross-slopes of five to 10 percent, and at five-foot intervals on areas of cross-slopes exceeding 10 percent;

c.

A circulation diagram indicating proposed movement of vehicles, goods, and pedestrians within the district and to and from adjacent areas, including streets and driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;

d.

A site plan indicating existing and proposed uses, location and dimension of buildings and structures, gross floor area of existing and proposed structures, identification of structures to be demolished or removed;

e.

Detailed engineering site plans, including proposed finished grades and all public improvements as well as estimates of grading volume (cut and fill), with accompanying grading sections or other technical drawings acceptable to the Director of Engineering and Capital Improvement Projects and City Engineer;

f.

Detailed engineering plans for the provision of public utilities for the site, including provisions for off-site connections and facilities necessary to serve the site;

g.

Sea level rise projections for the site and analysis of how projected sea level rise will impact the Planned Area District over time, if the Planned Area District is currently in or adjacent to an identified floodplain; is currently or has been exposed to flooding or erosion from waves or tides; is in a location protected by flood control or protected structures; is on or close to a beach, estuary, lagoon, or wetland; or is on a coastal bluff with historic evidence of erosion;

h.

A detailed tabulation of the proposed densities of dwelling units, bedroom count, building coverage, paving coverage, landscaped areas, parking dedication, and height of structures;

i.

Lighting for the building(s), parking areas, open space areas, and pedestrian travel areas;

j.

Utilization of buildings and structures, including activities and the number of living units;

k.

Reservation of land for public uses, including schools, parks, playgrounds, and other open spaces;

l.

Dimensioned building elevations showing proposed architectural concepts, color program and material samples; and

m.

A comprehensive sign program, including the size and location of all proposed signs.

7.

Open Space and Landscaping Plan. An existing and proposed open space and landscaping plan including landscape concept and type of plant materials, recreation area, parking, service and other public area used in common on the property and a description of intended improvements to and maintenance of the open area of the property.

8.

Other Information. Any other information deemed necessary by the Zoning Administrator to ascertain if the project meets the required findings for a Planned Area Plan and re-zoning.

A Planned Area Plan and rezoning will only be approved if all of the following findings are made:

A.

The proposed development is consistent with the General Plan, including the height, density, and intensity limitations that apply unless these limitations are to be amended;

B.

The subject site is physically suitable for the type and intensity of the land use being proposed;

C.

Adequate transportation facilities and public services, as defined in the General Plan and in the design standards established in the Subdivision Regulations exist or will be provided in accordance with the conditions of Planned Area Plan approval to serve the proposed development; and the approval of the proposed development will not result in a reduction of transportation service for all modes of travel or public services so as to be a detriment to public health, safety, or welfare;

D.

The proposed development will not have a substantial adverse effect on surrounding land uses and will be compatible with the existing and planned land use character of the surrounding area;

E.

The development generally complies with applicable design guidelines; and

F.

The proposed development is demonstratively superior to the development that could occur under the standards applicable to the underlying base district, and will achieve superior community design, environmental preservation and/or substantial public benefit. In making this determination, the following factors will be considered:

1.

Appropriateness of the use(s) at the proposed location.

2.

The mix of uses, housing types, and housing price levels.

3.

Provision of units affordable to persons and families of low and moderate income or to lower income households.

4.

Provision of infrastructure improvements.

5.

Provision of open space.

6.

Compatibility of uses within the development area.

7.

Creativity in design and use of land.

8.

Quality of design, and adequacy of light and air to the interior spaces of the buildings.

9.

Overall contribution to the enhancement of neighborhood character and the environment of Richmond in the long term.

In approving a Planned Area Plan and rezoning, the City Council may impose reasonable conditions deemed necessary to:

A.

Ensure that the proposal conforms in all significant respects with the General Plan and with any other applicable plans or policies that the City has adopted; and

B.

Mitigate any potentially significant impacts identified as a result of review conducted in compliance with the requirements of the California Environmental Quality Act.

The City Council may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

A.

Expiration.

1.

Planned Area Plan. A Planned Area Plan is effective on the same date as the ordinance creating the Planned Area District is approved. An approved Planned Area Plan will expire two years after the effective date unless actions specified in the conditions of approval have been taken, or a building permit has been issued and construction diligently pursued. An approved Planned Area Plan may specify a development staging program exceeding two years.

2.

Tentative Map. Where a tentative map has been approved in conjunction with a Planned Area Plan, the Planned Area Plan will expire upon the expiration of the tentative map.

3.

Phased Development. In the event that the applicant intends to develop the project in phases, and the City Council approves phased development, the Planned Area Plan remains in effect so long as not more than one year lapses between the end of one phase and the beginning of the next phase.

B.

Renewal. An approved Planned Area Plan that has not been exercised may be renewed for a two-year period approved by the City Council after a duly-noticed public hearing. Application for renewal must be made in writing between 30 and 120 days prior to expiration of the original approval. The City Council may renew a Planned Area Plan if it finds the renewal consistent with the purposes of this article.

A.

Changed Plans. Amendments to a Planned Area District or Planned Area Plan may be requested by the applicant or his/her successors. Amendments to the approved Planned Area District or Planned Area Plan will be classified as major or minor amendments. Upon receipt of an amendment application, the Zoning Administrator will determine if the proposed amendment constitutes a major or minor amendment.

B.

Major Amendments. Major Amendments to an approved Planned Area District or Planned Area Plan will be considered by the City Council at a duly noticed public hearing. An amendment will be deemed major if it involves one or more of the following changes:

1.

A change in the boundary of the Planned Area District;

2.

An increase or decrease in the number of dwelling units for the Planned Area District that is greater than the maximum or less than the minimum stated in the Planned Area Plan;

3.

An increase or decrease in the floor area for any non-residential land use that results in the floor area exceeding the minimum or maximum stated in the Planned Area Plan by 10 percent or more;

4.

Any change in land use or density that is likely to negatively impact or burden public facilities and utilities infrastructure as determined by the City Engineer;

5.

Any change in land use or density that is likely to negatively impact or burden circulation adjacent to the Planned Area District or to the overall major street system, as determined by the City Engineer; or

6.

Any other proposed change to the Planned Area Plan or the conditions of approval that substantively alters one or more of its components as determined by the Zoning Administrator.

C.

Minor Amendments. Amendments not meeting one or more of the criteria listed in subsection B above will be considered minor if they are consistent with the original findings and conditions of approval. Minor Amendments may be approved by the Zoning Administrator. The Zoning Administrator, at his/her discretion, may refer any request for an amendment to a Planned Area Plan that may generate substantial public interest to the Planning Commission for a decision rather than acting on it himself/herself.

Plans for a project in a Planned Area District will be accepted for planning and building permits or subdivisions only if they are consistent with an approved Planned Area Plan and any conditions of approval. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved Planned Area Plan.

This article establishes procedures and requirements for considering and entering into legally binding agreements with applicants for development projects, as provided for in State law. Such agreements may provide a greater degree of certainty than the normal permit approval process by granting assurance that an applicant may proceed with development in accord with policies, rules, and regulations in effect at the time of approval subject to conditions to promote the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved.

A.

Large, Multi-Phase Development Project. A development agreement may be considered for a large, multi-phase development project that will require a developer to make a substantial investment at the early stages of the project for planning and engineering for the entire project and for public facilities and services. In order to be considered for a development agreement, a project must be consistent with the General Plan and any applicable specific plan, unless the applicant has submitted an application for any necessary amendments to the General Plan or specific plan.

B.

Property Subject to Annexation. An applicant whose property is located within the City's sphere of influence, or whose property is the subject of a pending application for inclusion into the sphere of influence, may file an application to enter into a development agreement.

1.

The agreement will not become operative unless annexation proceedings annexing property to the City are completed within the period of time specified by the agreement.

2.

If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void.

A.

The Director, in consultation with the City Manager, will negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the City Council.

B.

The City Council has the exclusive authority to approve a development agreement.

An applicant for a development project may request that the City review the application as a development agreement application in accordance with the following procedures. The City incorporates by reference the provisions of Government Code Sections 65864-65869.5. In the event of any conflict between these statutory provisions and this section, State law controls.

A.

Application Requirements. An applicant must submit an application for a development agreement on a form prescribed by the Director, accompanied by the required fees. The Director must identify submittal requirements for applications for development agreements and may require an applicant to submit such additional information and supporting data as considered necessary for environmental review and to process the application. In addition to any other information that the Director requires, each application for a development agreement must be accompanied by the general terms and conditions of the agreement proposed by the applicant and must include the contents required in subsection B below.

B.

Contents of Development Agreements.

1.

Required Contents. A development agreement must specify its duration; the permitted uses of the subject property; the general location and density or intensity of uses; the general location, maximum height and size of proposed buildings; and provisions for reservation or dedication of land for public purposes. It must contain provisions concerning its transferability.

2.

Improvements and Fees. A development agreement may include requirements for construction and maintenance of on-site and off-site improvements or payment of fees in lieu of such dedications or improvements.

3.

Conditions. A development agreement may also include conditions, terms, restrictions, and requirements for subsequent discretionary actions but does not eliminate the applicant's responsibility to obtain all required land use approvals.

4.

Environmental Mitigation. A development agreement may include, without limitation, conditions and restrictions imposed by the City with respect to the project, including those conditions, restrictions and mitigation measures proposed in any Mitigated Negative Declaration or Final Environmental Impact Report applicable to the project that eliminate or mitigate adverse environmental impacts of the project.

5.

Phasing. A development agreement may provide that the project be constructed in specified phases, that construction be commenced within a specified time, and that the project or any phase thereof be completed within a specified time.

6.

Financing. If the development agreement requires applicant financing of necessary public facilities, it may include terms relating to subsequent reimbursement over time for such financing.

7.

Indemnity. A development agreement must contain an indemnity clause requiring the applicant to indemnify and hold the City harmless against claims arising out of or in any way related to the actions of applicant in connection with the application or the development process, including all legal fees and costs.

8.

Performance Obligation Fees. A development agreement may include provisions to guarantee performance of obligations stated in the agreement.

C.

Initial Review of Application. The Director will review each application to determine whether it is complete. If the application is found to be incomplete, the Director will reject the application and will inform the applicant of the items necessary to properly complete the application. If the application is complete, the Director will determine whether an environmental review is required for the project, in compliance with applicable State and local requirements.

D.

Negotiations. The Director must negotiate the specific components and provisions of the development agreement on behalf of the City for recommendation to the City Council.

E.

Recommendation by Director. The Director must make his/her recommendation in writing to the City Council. The recommendation must include the Director's determination and supporting reasoning whether or not the proposed development agreement satisfies the findings specified in Section 15.04.811.060 (Findings and Decision).

A.

Notice of Intent. The Director must publish a notice of intent to consider adoption of a development agreement as provided in Section 65090 and 65091 of the Government Code.

B.

City Council. The Applicant must execute a proposed development agreement before it is placed before the City Council for consideration at a public hearing. The City Council must hold a duly noticed public hearing prior to adoption of any development agreement. Notice of the public hearing to consider adoption of a development agreement must be given in accordance with the requirements of Section 15.04.803.070 (Public Notice). The City Council public hearing may, but need not, be held concurrently with the public hearing(s) on other land use approvals for the project.

A.

Findings. The City Council may not approve a proposed development agreement unless it finds that its provisions are consistent with the General Plan and any applicable specific plan. This requirement may be satisfied by a finding that the provisions of a proposed development agreement are consistent with the proposed General Plan, a General Plan amendment, or specific plan provisions to be adopted concurrently with the approval of the proposed development agreement.

B.

Decision. After the City Council completes the public hearing, the City Council must approve, modify, or disapprove the development agreement. Approval of a development agreement must be by ordinance.

Within 10 days after the ordinance approving the development agreement takes effect, the Director must execute the development agreement on behalf of the City, and the City Clerk must record the development agreement with the County Recorder.

The applicant will be required to demonstrate compliance with the provisions of the development agreement at least once a year, at which time the Director will review each approved development agreement.

A.

Finding of Compliance. If the Director, on the basis of substantial evidence, finds compliance by the applicant with the provisions of the development agreement, the Director will issue a finding of compliance, which will be in recordable form and may be recorded with the Contra Costa County Clerk-Recorder's Office, County Recorder Division after the conclusion of the review.

B.

Finding of Non-compliance. If the Director finds the applicant has not complied with the provisions of the development agreement, the Director may issue a finding of noncompliance that may be recorded by the City with the Contra Costa County Clerk-Recorder's Office, County Recorder Division after it becomes final. The Director must specify in writing to the applicant the respects in which the applicant has failed to comply, and must set forth terms of compliance and specify a reasonable time for the applicant to meet the terms of compliance. If applicant does not comply with any terms of compliance within the prescribed time limits, the development agreement will be subject to termination or modification pursuant to this article.

C.

Appeal of Determination. Within seven days after issuance of a finding of compliance or a finding of noncompliance, any interested person may file a written appeal of the finding with the City Council. The appellant must pay fees and charges for the filing and processing of the appeal in amounts established by resolution of the City Council. The appellant shall specify the reasons for the appeal. The issuance of a finding of compliance or finding of noncompliance by the Director and the expiration of the appeal period without appeal, or the confirmation by the City Council of the issuance of the finding on such appeal, will conclude the review for the applicable period and such determination will be final.

A.

After Finding of Noncompliance. If a finding of noncompliance does not include terms of compliance, or if applicant does not comply with the terms of compliance within the prescribed time limits, the Director may refer the development agreement to the City Council for termination or modification. The City Council will conduct a public hearing. After the public hearing, the City Council may terminate the development agreement and modify the finding of noncompliance, or rescind the finding of noncompliance, and issue a finding of compliance.

B.

Mutual Agreement. Any development may be canceled or amended by mutual consent of the parties following compliance with the procedures specified in this section. A development agreement may also specify procedures for administrative approval of minor amendments by mutual consent of the applicant and Director.

C.

Recordation. If the parties to the agreement or their successors in interest amend or cancel the development agreement, or if the City terminates or modifies the development agreement for failure of the applicant to fully comply with the provisions of the development agreement, the City Clerk will record notice of such action with the Contra Costa County Clerk-Recorder's Office, County Recorder Division.

D.

Rights of the Parties after Cancellation or Termination. In the event that a development agreement is cancelled or terminated, all rights of the applicant, property owner or successors in interest under the development agreement will be terminated. If a development agreement is terminated following a finding of noncompliance, the City may, in its sole discretion, determine to return any and all benefits, including reservations or dedications of land, and payments of fees, received by the City.

A.

Existing Rules and Regulations. Unless otherwise specified in the development agreement, the City's rules, regulations and official policies governing permitted uses of the property, density and design, and improvement standards and specifications applicable to development of the property shall be those City rules, regulations and official policies in force on the effective date of the development agreement. The applicant will not be exempt from otherwise applicable City ordinances or regulations pertaining to persons contracting with the City.

B.

Future Rules and Regulations. A development agreement must not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth in the development agreement. A development agreement will not prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the project on the basis of such existing or new rules, regulations, and policies. Unless otherwise specified in the development agreement, a development agreement will not exempt the applicant from obtaining future discretionary land use approvals.

C.

State and Federal Rules and Regulations. In the event that any regulation or law of the State of California or the United States, enacted or interpreted after a development agreement has been entered into prevents or precludes compliance with one or more provisions of the development agreement, then the development agreement may be modified or suspended in the manner and pursuant to the procedures specified in the development agreement, as may be necessary to comply with such regulation or law.

The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in this section and in Government Code Section 65865.4 or any successor statute, are non-exclusive. A development agreement may be enforced, amended, modified, cancelled or terminated by any manner otherwise provided by law or by the provisions of the development agreement.

The purpose of this article is to establish a procedure for prezoning and criteria for annexation of adjoining unincorporated territory in order to preserve, protect and enhance the character of residential neighborhoods; strengthen the City's economic resources; and manage the fiscal impacts of annexation.

Unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted Sphere of Influence for the City of Richmond that may be approved for annexation by LAFCo may be prezoned for the purpose of determining the zoning that will apply in the event of subsequent annexation.

A.

Parcels proposed for annexation to the City shall be prezoned consistent with the following unless an application for a different prezoning is initiated and processed according to the procedures established under Article 15.04.814 (Amendments to Zoning Map and Text).

1.

Undeveloped Residential Parcels.

a.

Development Potential of Five or More Lots. Parcels with development potential of five or more lots shall be prezoned RL2 or equivalent and may also be prezoned to allow for mixed use or neighborhood commercial development, consistent with the General Plan, prior to approval of a Tentative Subdivision Map.

b.

Development Potential of Less than Five Lots. Parcels with development potential of less than five lots shall be prezoned RL2 or equivalent unless an alternate zone would be consistent with the General Plan land use designation(s) for the area to be annexed.

2.

Developed Residential Parcels and Nonresidential Parcels. Developed residential parcels and parcels with development potential for nonresidential use will be pre-zoned consistent with the General Plan and surrounding and/or like zoning district classifications which represent uses intended for the property.

B.

Prezoning must remain the same for two years after annexation.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

Annexation will not be approved unless the proposed annexation meets the following regulations:

A.

General Regulations.

1.

General Plan Consistency. The proposed annexation and parcel configuration must be consistent with the General Plan.

2.

Location. The site proposed for annexation must be contiguous to the City and contiguous to or provisions have been made to become contiguous to City streets or to improved private streets where the maintenance of the private street is provided by an owners' association.

3.

Impact Analysis. An environmental analysis under the provisions of the California Environmental Quality Act and a fiscal impact analysis that evaluates recurring revenues and service costs that may be incurred by the City as a result of annexation has been conducted.

4.

Public Services and Facilities.

a.

Public services and facilities meeting City standards must be available to the lands proposed for annexation. Private streets and facilities satisfactory to the Public Works Director with adequate provision for their maintenance may be acceptable in lieu of public streets and facilities.

b.

All streets, sewage and drainage systems and police and fire protection must meet City standards. Public services and utilities must be provided to the satisfaction of the City Engineer:

i.

Improvements shall be constructed and accepted prior to issuance of Building Permits or sewer connections.

ii.

Streets must meet City street standards from the terminus of City streets currently meeting City standards to and throughout the property.

iii.

Street lights will not be required to be installed where street lights do not currently exist unless requested and paid for by petitioners.

c.

The City taxpayer shall not be burdened with paying for additional services for newly annexed lands as demonstrated in the fiscal impact analysis.

d.

Sewer service connection shall be made pursuant to Richmond Municipal Code Article XII, Public Services.

5.

Creek Protection. All lands proposed for annexation are subject to the provisions in Article 15.04.302 (Creek Protection Overlay District).

B.

Undeveloped Lots. Annexation of lots that do not contain a primary structure shall comply with the following standards:

1.

Lots shall meet the minimum lot size and density standards of Article XV.

2.

The overall density shall not exceed the density permitted by the lot size standards of Article XV for the applicable zoning to be applied to the site.

C.

Developed Lots. Annexation of lots that contain a primary structure must comply with the following standards:

1.

The lots must meet the minimum lot size and density standards of Article XV. Single developed properties that meet all annexation policies, with the exception of minimum lot size requirements, may be considered for annexation provided that further subdivision of the land is prohibited through a recorded deed restriction acceptable to the City Attorney.

2.

The lots must be connected to the City's sanitary sewer system or be able to be connected to the City's sewer to the satisfaction of the City Engineer pursuant to the Richmond Municipal Code Article XII, Public Services.

3.

Lots with existing properly functioning septic tank-drain field systems will not be required to connect to a newly installed sewer line until one of the following events occurs and at that time must be required to connect:

a.

Upon sale of the property that triggers an assessment of the County Tax Assessor; or

b.

Upon determination by the Contra Costa County Environmental Health Services Division that the existing septic system cannot function properly or cannot be expanded to accommodate the use; and

c.

Failed septic systems may not be replaced with another septic system.

The zoning accomplished by prezoning of the site becomes effective at the time that annexation to the City becomes effective. If the subject area has not been annexed to the City within five years of the date of City Council approval, the prezoning approval is subject to reconsideration by the Planning Commission and the Council.

This article establishes procedures for making changes to the General Plan as provided for in State law when it is in the public interest.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

The procedures of this article apply to all proposals to change the text of the General Plan and the diagrams that illustrate the application of its provisions.

An amendment to the General Plan may be initiated by:

A.

Any qualified applicant identified in Section 15.04.803.020 (Application Forms and Fees); or

B.

An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)

An application for an amendment to the General Plan must be filed and processed in accordance with the provisions of Article 15.04.803 (Common Procedures) and considered by the City Council with a recommendation from the Planning Commission. It must be processed in conformance with Government Code Section 65350 et seq. Its approval must be by resolution, and it is subject to referendum.

A.

Required Information. In addition to any other application requirements, an application for a General Plan amendment must include a statement, supported by documentation, that describes how the proposed amendment conforms to the General Plan's goals and the benefit to the public that will result from approving the proposed change or changes to the General Plan.

B.

Director's Report. The Director must prepare a report and recommendation to the Planning Commission, which must include, but is not limited to, a discussion of how the proposed amendment complies with the purposes of this article and the General Plan's goals, and a determination as to whether the proposed amendment will require amendment to other plans that the City Council has adopted.

C.

Planning Commission Recommendation. The Commission's recommendation must be forwarded to the City Council for action on the proposed amendment except in the situation specified in subsection 15.04.813.060(A).

The Planning Commission in recommending, and the City Council in approving, an amendment to the General Plan, must make all of the following findings:

A.

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

B.

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

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.

D.

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

The Planning Commission must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures) and must then vote on its recommendation on the proposed amendment.

A.

Recommendation Against Private Application. If the amendment under consideration was initiated by an applicant pursuant to subsection 15.04.813.030(A), and the Planning Commission recommends against the adoption of such amendment, the application is denied, and the City Council is not required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 15.04.803.140 (Appeals).

B.

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the consistency of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to ensure internal consistency of the General Plan and consistency with other adopted plans, or to reduce environmental impacts.

A.

After receiving the report from the Planning Commission, the City Council must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures). The notice must include a summary of the Planning Commission's recommendation.

B.

After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification will first be referred back to the Planning Commission for its recommendation, but the Planning Commission will not be required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within 45 days after the referral, the modification will be deemed to have been recommended for approval.

C.

The City Council's approval of an amendment to the General Plan must be by resolution, adopted by the affirmative vote of not less than a majority of the total membership of the Council.

D.

Following the Council action, the City Clerk will make the documents amending the General Plan, including the diagrams and text, available for public inspection.

This article establishes a uniform process for the amendment of Article XV, provided that such amendment is consistent with the General Plan.

The procedures in this article apply to all proposals to change the text of Article XV or to revise a zoning district classification or boundary line shown on the Zoning Map.

An amendment to Article XV or the Zoning Maps may be initiated by:

A.

Any qualified applicant as identified in Article 15.04.803 (Common Procedures); or

B.

An order of the City Council or Planning Commission, on its own motion or on the recommendation of the Director.

An application for an amendment to Article XV and/or the Zoning Maps must be filed and processed in accordance with the provisions of Article 15.04.803 (Common Procedures) and must be considered by the City Council with a recommendation from the Planning Commission. Its approval must be by ordinance and is subject to referendum. The Director must prepare a report and recommendation to the Commission, that must include, but is not limited to, a discussion of how the proposed amendment meets the findings in Section 15.04.814.050. The Commission's recommendation must be forwarded to the City Council for action on the proposed amendment except in the situation specified in Section 15.04.814.060(A).

The Planning Commission in recommending, and the City Council in approving, an amendment to Article XV or the Zoning Maps, must make all of the following findings:

A.

The proposed amendment is consistent with the General Plan.

B.

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

C.

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

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.

The Planning Commission must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures) and must then vote on its recommendation on the proposed amendment.

A.

Recommendation Against Amendment to Rezone Property. If the matter under consideration is an amendment to change property from one zone to another, and the Planning Commission recommends against the adoption of such amendment, the application is denied and the City Council may not be required to take any further action on the amendment unless the Planning Commission's decision is appealed pursuant to Section 15.04.803.140 (Appeals).

B.

All Other Situations. Following the public hearing, the Planning Commission must submit a recommendation on the proposed amendment and environmental determination to the City Council. The recommendation must include the reasons for the recommendation; the extent to which the proposed amendment meets the purposes of this article; the compatibility of the proposed amendment with the General Plan and any other adopted plan; and any changes to the amendment that the Commission deems necessary to comply with the General Plan and other adopted plans, or to reduce environmental impacts.

After receiving the report from the Planning Commission, the City Council must hold a public hearing noticed and conducted as required by Article 15.04.803 (Common Procedures). The notice must include a summary of the Planning Commission recommendation. After the conclusion of the hearing, the City Council may approve, modify, or disapprove the recommendation of the Planning Commission, provided that any substantial modification of the proposed amendment by the City Council not previously considered by the Planning Commission during its hearing must first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on the matter. If the Planning Commission fails to report back to the City Council within 45 days after the referral, the modification will be deemed to have been recommended for approval. The City Council's approval of an amendment to Article XV and/or Zoning Maps must be by ordinance.

This article establishes the responsibilities of various departments, officials and public employees of the City to enforce the requirements of Article XV and establishes uniform procedures the City will use to identify, abate, remove, and enjoin uses, buildings, or structures that are deemed to be in violation of Article XV.

A.

The Zoning Administrator is responsible for enforcing the provisions of Article XV.

B.

All departments, officials, and public employees of the City vested with the duty or authority to issue permits or licenses must conform to the provisions of Article XV and not issue any permit or license for uses, buildings or purposes in conflict with the provisions of Article XV. Any such permit or license issued in conflict with the provisions of Article XV is null and void.

Any permit granted under Article XV may be revoked in accordance with the provisions in Section 15.04.803.130 (Revocation) if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection with the permit. Notwithstanding this provision, no lawful residential use can lapse regardless of the length of time of the vacancy.

A.

Nuisance Defined. In accordance with Section 9.22.090 of the Municipal Code, the following is unlawful and constitutes a public nuisance:

1.

Any building, structure, or planting set up, erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of Article XV;

2.

Any use of any land, building, or premises established, conducted, operated, or maintained contrary to the provisions of Article XV; or

3.

Failure to comply with any of the conditions of a permit granted under Article XV.

B.

Authority. The Director, the Zoning Administrator, the Code Enforcement Manager and/or Building Official, and their respective designees, or such person designated by the City Manager, are authorized and directed to use the provisions of this section and of Municipal Code Chapters 9.22 and 2.62 for the purpose of abating those nuisances that exist as the result of violation of Article XV. They are "authorized City employees" for purposes of this article and Municipal Code Chapter 9.22 and "enforcement officers" for purposes of Municipal Code Chapter 2.62.

C.

Procedures. Whenever an authorized City employee has inspected or caused to be inspected any structure, building, use, or property and determined that it a nuisance, the authorized City employee shall commence proceedings to cause the abatement of the nuisance, as provided for in Chapters 9.22 and 2.62 of the Municipal Code.

D.

Remedies. The remedies provided for in this section are cumulative and not exclusive to those provided for in Chapter 9.22 and Chapter 2.62 of the Municipal Code. Upon a finding of nuisance, and after giving the property owner an opportunity to cure the nuisance and determining that the nuisance still exists, the City may impose any remedy available at law or in equity, which includes, but is not limited to, any of the following or combination of the following:

1.

Ordering the cessation of the use in whole or in part.

2.

Imposing reasonable conditions upon any continued operation of the use, including those uses that constitute existing non-conforming uses.

3.

Requiring continued compliance with any conditions so imposed.

4.

Requiring the user to guarantee that such conditions will in all respects be complied with.

5.

Imposing additional conditions or ordering the cessation of the use in whole or in part upon a failure of the user to comply with any conditions so imposed.

This article establishes baseline community benefits commitments and review procedures for certain large development projects. Due to the impact on public funds, property, City planning, and community interests, public-private projects for which public or private parties request substantial, discretionary public contributions are appropriate for minimum community benefits requirements. In addition, enhanced approval processes, allowing additional time for evaluation and input of community benefits commitments and terms of public agreements, are appropriate for large public-private projects, in order to provide increased transparency and opportunity for public consideration. This article shall apply to and affect only specified projects for which public or private parties negotiate voluntary agreements with the City. Nothing in this article affects obligations to comply with requirements of the Richmond Municipal Code that apply absent any such agreements.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

For purposes of this article, the following terms shall have the following meanings, and shall include both singular and plural usages.

(a)

"City Assistance Agreement" means a contract negotiated between the City and the developer of a public-private project, setting forth the support, assistance, or other commitments by the City to the developer that indicate the project's status as public-private project pursuant to the definition set forth below. A development agreement constitutes a City Assistance Agreement.

(b)

"Construction employer" means a contractor or subcontractor employing workers in construction of a public-private project, and performing more than $25,000.00 worth of work on the public-private project.

(c)

"Project employer" means a business or other entity that employs at least three workers for at least 20 hours per week on site of a public-private project, once a use or occupancy permit has been issued applicable to the site. Project employers may include tenants, subtenants, contractors, and subcontractors. Project employers do not include construction employers.

(d)

"Public-private project" means a development project or proposed development project advanced by a public or private entity (i) receiving or proposed to receive financial aid, assistance, or funding from the City, including any public financing or contribution, such as loans, loan guarantees, tax credits, or infrastructure construction, valued at more than $100,000.00; (ii) receiving or proposed to receive a transfer of ownership of or lease of right to occupy any City-owned real property, including rights-of-way or street vacation, whether at or below market rate; or (iii) that is or is proposed to be the subject of a development agreement.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

This article shall apply only to public-private projects as defined herein. It shall not be implemented through regulatory requirements imposed on public-private projects, and is not a term of such requirements. Commitments regarding community benefits shall be set forth in a City Assistance Agreement negotiated on a voluntary basis by project proponents, such as a development agreement, subsidy agreement, or another type of project-specific and voluntary contract, with such agreement finalized prior to or contemporaneously with approval of the public-private project itself. To the extent provisions of this article conflict with provisions of other City ordinances, provisions of this article shall prevail.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

The City shall include the following community benefits requirements as terms of any City Assistance Agreement that it enters into with regard to any public-private project.

(a)

Project employers and construction employers shall comply with hiring practices required of an "employer" under the City's Local Employment Program (Municipal Code, Chapter 2.56).

(b)

Project employers and construction employers shall compensate employees as would be required for a "contractor" under the City of Richmond Living Wage Ordinance (Municipal Code, Chapter 2.60).

(c)

Project employers and construction employers shall comply with hiring practices required of a contractor under the City's ordinance Banning the Requirement to Provide Information of Prior Criminal Convictions on All Employment Applications (Municipal Code, Chapter 2.65).

(d)

Project participants such as developers, facilities managers, large tenants, and prime construction contractors shall notify Richmond businesses, Richmond small businesses, and Richmond nonprofit businesses (each as defined in the Richmond Business Opportunity Ordinance (Municipal Code, Chapter 2.50)) of contracting and procurement opportunities in construction and operation of the public-private project, by appropriate means designed to maximize awareness of these opportunities.

(e)

For all non-construction contracts worth over $25,000.00, the awarding party (whether developer, property manager, tenant, or other project participant) shall make a "good faith effort," as defined in the Richmond Business Opportunity Ordinance, to award at least 25 percent of awarded contracts to bona fide Richmond businesses, Richmond small businesses, and Richmond nonprofit businesses (each as defined in the Richmond Business Opportunity Ordinance and as certified by the City).

(f)

The project developer shall make a financial contribution to the Community Benefits Fund, in an amount to be negotiated by the City and the developer.

The baseline community benefits requirements are described above do not preclude negotiation of additional project-specific community benefits to be provided by public-private projects.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

The City shall implement the following procedures for review of City Assistance Agreements for public-private projects.

(a)

The City shall make available to the public at least 14 days prior to City Council consideration of approval of the proposed City Assistance Agreement:

(1)

A summary of: any community benefits commitments to be required of the project, including terms related to the requirements of Section 15.04.816.040; project components and uses; and terms of any public financial support or contribution, transfer or lease of real property, and/or development agreement; and

(2)

Complete terms of the proposed City Assistance Agreement and other project documents setting forth the information required to be summarized in subsection (a)(1), above.

(b)

After release of material described in subsection (a), and at least seven days prior to City Council consideration of approval of the proposed City Assistance Agreement, the City Council shall hold at least one public study session to review and receive public input regarding the material described in subsection (a) above.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

(a)

Establishment. The City shall establish, cause establishment of, or utilize a fund that can administer and expend financial contributions intended to be used for community benefits, provided by developers of public-private projects. Funds may also be contributed from other public and private sources, including project participants, public entities, and philanthropic donations. The fund may be operated by the City, or may be established at and operated by a private nonprofit foundation or other nonprofit third-party administrator. The City may adapt and utilize for this purpose an existing fund administration and oversight structure such as that of the Richmond Environmental Community and Investment Agreement (ECIA) Community Grants Program and the ECIA Grant Review Ad Hoc Committee.

(b)

Purposes. Monies from the Community Benefits Fund may be expended to advance, implement, and administer the following purposes:

(1)

Provision of local services to improve quality of life and provide economic opportunity;

(2)

Workforce development and small business assistance at the neighborhood level;

(3)

Providing amenities for public use;

(4)

Programming and activation of public space;

(5)

Support implementing actions of existing City plans (i.e., General Plan, Climate Action Plan, Health in All Policies, etc.);

(6)

Represent interests of community members demonstrably impacted by proposed developments; and

(7)

Provision of other public and community services at low-or no cost to beneficiaries, to advance the public good.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

When the City issues a request for qualifications, request for proposals, or other solicitation of materials regarding proposed development projects that may qualify as public-private projects, the City shall require each respondent to provide a document summarizing community benefits it would provide. This document shall be in a form as required by the City, to allow the City and the public to compare responses for a particular solicitation and between different City projects.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)

(a)

Requirements of this article that conflict with requirements imposed by state or federal project funding sources shall not apply.

(b)

Noncompliance with this article does not invalidate City approval of a proposed project or City Assistance Agreement.

(c)

City Council may waive application of one or more provisions of Section 15.04.816.040 (Baseline community benefits) with a finding that attributes of the proposed project make compliance with the provision(s) infeasible or unnecessary, and that the project as a whole provides appropriate community benefits.

(d)

City Council may waive application of one or more provisions of Section 15.04.816.050 (Enhanced transparency and review procedures) with a finding that unusual circumstances related to project deadlines make the timeframe of Section 15.04.816.050 infeasible, and that alternative notice and approval requirements provide sufficient opportunity for review and analysis of project aspects described in Section 15.04.816.050.

(Ord. No. 03-22 N.S., § 1, 2-1-2022)