Article 15.04.103 — RULES OF MEASUREMENT

The purpose of this article is to explain how various measurements referred to in these Regulations are to be calculated.

For all calculations, the applicant is responsible for supplying drawings illustrating the measurements that apply to a project. These drawings must be drawn to scale and of sufficient detail to allow easy verification upon inspection by the Zoning Administrator.

Whenever the Zoning and Subdivision Regulations requires consideration of distances, parking spaces, dwelling units or other aspects of development or the physical environment expressed in numerical quantities, and the result of a calculation contains a fraction of a whole number, the results will be rounded as follows:

A.

General Rounding. Fractions of one-half (0.5) or greater must be rounded up to the nearest whole number, and fractions of less than one-half (0.5) must be rounded down to the nearest whole number, except as otherwise provided.

B.

Exception for State Affordable Housing Density Bonus. The calculation of fractions related to permitted bonus density units for projects eligible for bonus density pursuant to Government Code Section 65915 or any successor statute shall be done as provided by state law.

A.

Measurements are Shortest Distance. When measuring a required distance, such as the minimum distance between a structure and a lot line, the measurement is made at the closest or shortest distance between the two objects.

B.

Distances are Measured Horizontally. When determining distances for setbacks and structure dimensions, all distances are measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances are not measured by following the topography or slope of the land.

C.

Measurements Involving a Structure. Measurements involving a structure are made to the closest support element of the structure. Structures or portions of structures that are entirely underground are not included in measuring required distances.

D.

Measurement of Vehicle Stacking or Travel Areas. Measurement of a minimum travel distance for vehicles, such as garage entrance setbacks and stacking lane distances, are measured down the center of the vehicle travel area. For example, curving driveways and travel lanes are measured along the center arc of the driveway or traffic lane.

E.

Measuring a Buffer or Radius. When a specified land use is required to be located a minimum distance from another land use, the minimum distance is measured in a straight line from all points along the lot line of the subject project, in all directions.

Figure 15.04.103.040: Measuring Distances

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15.04.103.050 - Measuring Height.

A.

Measuring Building Height. Building height shall be defined as the distance from finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the highest point of the highest gable of a pitched or hipped roof. The height of a stepped or terraced building is the maximum height of any segment of the building along the finished grade directly below. For structures projecting over water, height will be measured from highest grade at front (landward) property line. On lots with a grade change of 10 percent or more between the front and rear property lines, building height is measured from the "grade plane" as determined in the following subsection, and height shall be measured from the measure point at the top of the building, as determined above, to the grade plane.

Figure 15.04.103.050-A(1): Measuring Building Height

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Figure 15.04.103.050-A(2): Measuring Building Height of a Terraced or Stepped Building

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1.

Measuring Building Height on Sloped Lots. On lots with a grade change of 10 percent or more between the front and rear lot lines, or between the front lot line and its most distant point when there is no rear lot line, building height is measured from the adjacent natural or finished grade, whichever is lower, to the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof.

2.

Exceptions. Antennas, belfries, chimneys, cooling towers, cupolas, domes, elevator bulkheads, flagpoles, ornamental towers, penthouses, solar collectors, spires and standpipes and necessary mechanical equipment may exceed the height limits pursuant to Section 15.04.601.050 (Exceptions to Height Limits).

B.

Measuring the Number of Stories in a Building. In measuring the height of a building in stories, the following measurement rules apply:

1.

A balcony or mezzanine shall be counted as a full story if its floor area exceeds one-third of the total area of the nearest full floor directly below it or if it is enclosed on more than two sides.

2.

A basement shall be counted as a full story if the finished surface of the floor above the basement is:

a.

More than six feet above grade plane; or

b.

More than 12 feet above the finished grade at any point.

Figure 15.04.103.050-B: Determining if a Basement is a Story

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A story may not exceed 25 feet in height from the upper surface of the floor to the ceiling above.

C.

Measuring Height of Fences or Walls. The height of any fence or wall shall be determined by measuring the vertical distance from the highest finished grade within a three-foot radius of any point on the fence or wall to the highest point of any portion of the fence or wall. In the case of fences or walls between the setback line and lot line, height shall be measured from highest finished grade adjacent to the fence or wall to the top of the fence or wall.

1.

Measuring Height of Fences on Retaining Walls. The height of a fence that is on top of a retaining wall is measured from the highest finished grade point within a three-foot radius of any point on such fence to the highest point of the fence on the highest side of the wall. Any fence or railing required to comply with minimum height in applicable Building Code requirements is permitted.

Figure 15.04.103.050-C: Measuring Height of Fences and Walls

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D.

Measuring the Height of Decks. Deck height is the vertical distance from finished grade directly below the deck to the top of the floor of the deck.

Figure 15.04.103.050-D: Measuring Height of Decks

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

A.

Determining Grade. Grade is the location of the ground surface. For purposes of this article, the grade of a building used to determine building height shall be determined by one or more of the following:

1.

Average Grade. A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.

2.

Existing Grade. The existing elevation of the ground at any point on a lot. Existing grade also may be referred to as natural grade.

3.

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

4.

Grade Plane. A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than five feet from the building, between the building and a point five feet from the building.

Figure 15.04.103.060-B: Grade Plane

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15.04.103.070 - Measuring Lot Width and Depth.

A.

Lot Width. Lot width is the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

B.

Lot Depth. Lot depth is measured along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line or to the most distant point on any other lot line where there is no rear lot line.

Figure 15.04.103.070: Measuring Lot Width and Depth

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The average slope of a parcel is calculated using the following formula: S = 100(I)(L)/A, where:

S = Average slope (in percent)

I = Contour interval (in feet)

L = Total length of all contour lines on the parcel (in feet)

A = Area of subject parcel (in square feet)

The floor area of a building is the sum of the gross horizontal areas of all floors of a building or other enclosed structure, measured from the outside perimeter of the exterior walls and/or the centerline of interior walls.

A.

Included in Floor Area. Floor area includes, but is not limited to, all habitable space (as defined in the Building Code) that is below the roof and within the outer surface of the main walls of principal or accessory buildings, the centerlines of party walls separating such buildings or portions thereof, or lines drawn parallel to and two feet within the roof line of any building without walls. In the case of a multi-story building that has covered or enclosed stairways, stairwells, or elevator shafts, the horizontal area of such features shall be counted only once at the floor level of their greatest area of horizontal extent. The area of mezzanines and sleeping lofts shall not be counted if the space is between two floors.

B.

Excluded from Floor Area. Floor area does not include the following: mechanical, electrical, and communication equipment rooms that do not exceed two percent of the building's gross floor area; bay windows or other architectural projections where the vertical distance between the lowest surface of the projection and the finished floor is 30 inches or greater; areas that qualify as usable open space; and, in non-residential buildings, areas used for off-street parking spaces or loading spaces, driveways, ramps between floors of a multi-level parking garage, and maneuvering aisles that are located below the finish grade of the property.

C.

Non-Residential Uses. For non-residential uses, gross floor area includes interior walkways interior courtyards, walkways, paseos, and corridors covered by a roof or skylight. Non-residential gross floor area does not include arcades, porticoes, and similar open areas that are located at or near street level and are accessible to the general public but are not designed or used as sales, display, storage, service, or production areas.

The floor area ratio (FAR) is the ratio of the floor area, excluding the areas described below, of all principal and accessory buildings on a site to the site area. To calculate the FAR, floor area is divided by site area, and typically expressed as a decimal. For example, if the floor area of all buildings on a site totals 20,000 square feet, and the site area is 10,000 square feet, the FAR is expressed as 2.0. In single family homes and duplexes, any portion of a floor with a ceiling height greater than 12 feet is counted twice for purposes of calculating compliance with the maximum residential floor area allowed under subsection 15.04.201.030(G).

A.

Excluded from Floor Area in Calculating FAR. The following are excluded from the floor area when calculating FAR.

1.

Underground Areas. Floor area located below finished grade.

2.

Parking. Parking areas located below finished grade or finished floor of habitable space where the vertical distance between finished grade and finished floor is five feet or less. Structured parking areas located above finished grade where the vertical distance between finished grade and the floor of the parking level is five feet or less.

3.

Sideloaded or Detached Garages. Sideloaded or detached garages not exceeding 400 square feet, located to the rear of residential structures, a minimum of 40 feet away from the front lot line, and accessed by a driveway.

Figure 15.04.103.100: Determining Floor Area Ratio

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Lot coverage is the ratio of the total footprint area of all structures on a lot to the net lot area, typically expressed as a percentage. The footprints of all principal and accessory structures, including garages, carports, covered patios, and roofed porches, shall be summed in order to calculate lot coverage. The following structures shall be excluded from the calculation:

A.

Unenclosed and unroofed decks, uncovered patio slabs, porches, landings, balconies, and stairways less than 18 inches in height at surface of deck (and less than six feet above grade including railings);

B.

Eaves and roof overhangs projecting up to two feet from a wall;

C.

Trellises and similar structures that have roofs that are at least 50 percent open to the sky with uniformly distributed openings;

D.

Swimming pools and hot tubs that are not enclosed in roofed structures or decks; and

E.

One small, non-habitable accessory structure under 120 square feet. If there is more than one such structure on the lot, only one structure shall be excluded in the calculation of lot coverage.

Figure 15.04.103.110: Determining Lot Coverage

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A.

Corner Lot. The front of a lot is the narrowest dimension of the lot with street frontage.

B.

Through Lot. The front yard of a through lot abuts the street that adjoining lots use to provide primary access into the dwelling.

A setback line defining a required yard is parallel to and at the specified distance from the corresponding front, side, or rear lot line. The following regulations for determining yards apply when a lot abuts a proposed street or alley.

A.

Yards Abutting Planned Street Expansions. If a property abuts an existing or proposed street for which the existing right-of-way is narrower than the right-of-way ultimately required for the street, the required setback shall be established from the future right-of-way rather than the property line.

B.

Yards on Alleys.

1.

If a side lot line abuts an alley, the yard shall be considered an interior side yard rather than a corner side yard.

2.

In computing the minimum yard for any lot where such yard abuts an alley, no part of the width of the alley may be considered as part of the required yard.

C.

Measuring Setbacks. Setbacks shall be measured as the distance between the nearest lot line and the closest point on the exterior of a building or structure along a line at right angles to the lot line. Setbacks shall be unobstructed from the ground to the sky except where allowed pursuant to Section 15.04.601.020 (Building Projections into Yards), subject to compliance with the Building Code.

Figure 15.04.103.130: Determining Setbacks (Yards)

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The calculations of measurements related to signs are described in Article 15.04.609 (Signs).

For the purpose of calculating required parking lot landscaping, parking lot areas are deemed to include parking and loading spaces as well as aisles, vehicle entry and exit areas, and any adjacent paved areas. Parking lot area does not include enclosed vehicle storage areas.

The minimum distance shall be measured from the edge of any table, chair, bench, planter, or other appurtenance used as part of an outdoor dining area to any obstruction within the sidewalk area.

Figure 15.04.103.160: Measuring Pedestrian Clearance

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ARTICLE 15.04.104 - KEY TERMS AND DEFINITIONS

Abutting or Adjoining

Access

Accessory Dwelling Unit

Active Play Area

ADA

Adjacent

Administrative Review

Adult Businesses

Affordable-Housing Related Terms

Accessible Affordable Housing Units Affordable Housing Cost Density Bonus Housing Unit Inclusionary Unit Initial Subsidy In-lieu Fee

Proportionate Share of Appreciation Resale Control Senior Citizen

Senior Citizen Housing Development Agent

Agricultural Production and Services Alley Allowed Use Alteration Amendment Animals, Domestic (Household Pets) Animal Husbandry Animal Keeping Animal Sales and Services Boarding Kennel Clinic/Hospital Grooming Retail Sales (Pet Shops) Riding Schools and Stables Veterinary Services Applicant Approval Authority Area

Architectural Feature

Arterial Street

Artisan/Small-Scale Manufacturing

Artist's Studio

Studio-Light Studio-Heavy Auto/Vehicle Sales and Services Alternative Fuels and Recharging Facility

Automobile Rental Automobile Storage Parcel Automobile/Vehicle Sales and Leasing, New and Used Automobile/Vehicle Repair, Major Automobile/Vehicle Service and Repair, Minor Automobile/Vehicle Washing Large Vehicle and Equipment Sales, Service and Rental

Service Station

Towing and Impound

Awning Balcony Banks and Financial Institutions

Bank and Savings and Loan

Nontraditional Financial Institutions

Basement Bathroom Bay Window Bedroom

Bicycle-Parking Related Terms

Abandoned Bicycle

Bicycle

Bicycle Locker Bicycle Parking Space Bicycle Path

Class 1 Bicycle Parking Space(s) Class 2 Bicycle Parking Space(s)

Fixed

Long-Term Bicycle Parking

Publicly Accessible

Rack Element

Secured Bicycle Parking

Short-Term Bicycle Parking

Tandem Bikeway Bikeway Classes Class I Bikeway (Bike Path) Class II Bikeway (Bike Lane) Class III Bikeway (Bike Route) Class IV Bikeway (separated bikeway)

Block

Block Face Bluff

Breweries Brewery, Production Brewery, Brew-On Premises

Micro-brewery Buffer

Build-to Line Building Building, Accessory Building, Principal Building Code Building Face Building Site Business Services Canopy Carport Catering Service CDHP Cemetery Centerline of Street Change of Use Civil Code

College and Trade School

Commercial Entertainment and Recreation

Cinema

Theater

Large-scale Facility Small-scale Facility

Commercial Kitchen

Commissary

Communications Facilities Antennas and Transmission Towers Equipment within Buildings Community Assembly Community Garden Condition of Approval Conditional Use

Condominium Related Terms Association

Common Area Community Apartment Community Apartment Project Condominium Consumer Price Index, Rental Component

Conversion Cooperative, Stock Developer

Open Space—Common

Open Space—Private Open Space—Recreational

Owner

Residential Condominium

Tenant

Unit Construction Construction and Material Yard CPUC; PUC

Creek-Related Terms

Brush Layering

Brush Matting Creek

Cribwalls Culverted Daylighting Fascines Gabions Restoration Retention Basins Riprap Cul De Sac Cultural Facility Day Care Days De novo Decision-making Body Deck Demolition Density Design Design Review Board Design Site Detached Structure Development Development Agreement Director Drive-Through Facilities Driveway Drug Paraphernalia Duplex Dwelling Unit Easement Eating and Drinking Establishments

Bars/Night Clubs/Lounges

Brewpub

Restaurant, Full Service Restaurant, Limited Service Restaurant with Drive Through Effective Date Efficiency Unit Elderly and Long-Term Care Electric Vehicle (EV) Electric Vehicle Supply Equipment Emergency Emergency Shelter Environmental Impact Report (EIR)

Environmental Review

Erect

Et seq. EV Capable EV Ready Exterior Storage FAA Façade Family Family Day Care Small Large Farmers Market FCC Feasible FEMA Fence-Related Terms Fence Opacity Final Map Finance, Insurance and Real Estate Services Fire Chief

Floor Area

Food and Beverage Sales

Convenience Market

Farmers Market General Market Liquor Store Food Membership Distribution Site

Footprint Freight/Truck Terminal and Warehouse Frontage, Street Funeral and Interment Service Garage Glare

Government Code

Government Buildings

Grade Adjacent Grade Average Grade Existing Grade Finished Grade Group Residential Congregate Housing Senior Group Residential Habitable Room Hazardous Waste Terms Hazardous Materials Hazardous Waste Facility Health and Safety Code Heat Height Home Occupation Hospitals and Clinics Hospital Clinic Skilled Nursing Facility

Hours of Operation

Household

Household Income Types Extremely Low Income Household Low Income Household Moderate Income Household Very Low Income Household Household Pets Housing Authority Illegal use Improvement Improvement Agreement Improvement Plan Indoor Agriculture Industrial, General Industrial Limited Instructional Services Intensity of Use Intersection, Street

ITE

Junior Accessory Dwelling Unit

Kitchen Land Use Landscape-Related Terms Applied Water Automatic Irrigation Controller Backflow Prevention Device Certified Irrigation Designer Check Valve or Anti-Drain Valve Compost

Drip Irrigation Effective Precipitation or "Usable Rainfall" (Eppt)

Emitter

Established Landscape

Establishment Period

Estimated Total Water Use (ETWU)

ET Adjustment Factor

Evapotranspiration Rate

Flow Rate Flow Sensor Graywater Hydrozone Infiltration Rate Invasive Plant Species Irrigation Efficiency Irrigation Survey Irrigation Water Use Analysis Landscape Area Landscape Contractor Landscape Water Meter Landscaping Lateral Line Low Volume Irrigation Maximum Applied Water Allowance

Microclimate Mulch

Operating Pressure Overhead Sprinkler Irrigation Systems Pervious Plant Factor or "Plant Water Use Factor" Precipitation Rate Rain Sensor Recycled Water Reference Evapotranspiration (ETo) Runoff Soil Moisture Sensing Device Special Landscape Area

Sprinkler Head Station Swing Joint A

Turf

Valve

Water Conserving Plant Species

Water Feature

Watering Window

WUCOLS

Ldn

Light Fleet-Based Service

Lighting-Related Terms

Color Rendition

http://www.businessdictionary.com/defnition/ability.html http://www.businessdictionary.com/defnition/business-source-document.html http://www.businessdictionary.com/defnition/color.html

Display Lot or Area

Flood Lamp

Fully Shielded Light Fixture

Glare

Illuminance

Light Trespass

Lumen

Luminaire

Lux

Opaque

Outdoor Light Fixture

Searchlight

Spot Lamp

Live-Work Living Accommodations Living Room

Lot

Abutting Lot Corner Lot Flag Lot Interior Lot Through Lot

Lot Area

Lot Area, Net Lot Coverage Lot Line Lot Line Adjustment Lot Line Types Front Lot Line Front Lot Line, Corner Lot Interior Lot Line Rear Lot Line Side Lot Line Street Side Lot Line Maintenance and Repair Maintenance and Repair Service Major Subdivision Major Transit Stop Mansard

Marijuana-Related Terms Attending Physician Bureau of Medical Marijuana Regulations

Cannabis Collective Commercial Cannabis Activity

Cultivation Delivery

Dispensary

Distributor Edible Marijuana Product

Management Member

Manufacturer Marijuana Marijuana Cultivation Facility Marijuana Product Manufacturer Medical Marijuana Medical Marijuana Business

Medical Marijuana Regulation and Safety Act (MMRSA)

Person

Primary Caregiver Qualified Patient Testing Laboratory Transporter Marinas

Media Production Master Fee Schedule Merger

Mezzanine Mixed-Use Building Mixed-Use Development Mobile Vending Unit Monument Works Multi-Use Path Multiple-Unit Dwelling Municipal Code Neighborhood Council Noise-Related Terms Ambient Noise Level Cumulative Period Decibel (dB) Noise Level Nonconforming Lot Nonconforming Structure Nonconforming Use Nursery and Garden Center NPDES Off-Site Use Offices Medical and Dental Walk-In Clientele On-Site Use Open Space Types

Open Space, Common

Open Space, Private Open Space, Useable Opposite

Ordinary Maintenance OSHA

Outdoor Agriculture Outdoor Vendor Overlay District Owner

Parapet Wall Parcel Parcel Map Park and Recreation Facility Parking Area Parking Facilities, Commercial Path

Peak Hour Pedestrian Way

Permit

Permitted Use Person

Personal Services General Personal Services Massage Establishment

Health/Fitness Facility Tattoo or Body Modification Parlor Persons with Disabilities Petroleum Refining Planned Development Planned Residential Group Planning Division Planting Strip Pre-existing Principal Structure

Printing and Publishing

Project

Property Line Public Resources Code Public Safety Facility Qualified Applicant Reasonable Accommodation Research and Development Residential Facility Residential Care, General Residential Care, Limited Residential Care, Senior Hospice, General Hospice, Limited

Retail Sales Building Materials and Services General Retail Sales, Small-Scale General Retail Sales, Large-Scale Pawn Shop; Secondhand Store With Drive-Through Reversion to Acreage Map

Right-of-Way Salvage and Wrecking Sanitary Waste and Recycling Facilities Composting and Waste Disposal

Conversion Technology Facilities (Waste/Biomass to Energy) Recycling Collection Facilities Recycling Processing Facilities Waste Hauling and Transfer Facilities

School

Screening

Seaport

Second Dwelling Unit

Setback

Front Setback

Side Setback

Side Street Setback

Rear Setback

Shoreline

Sidewalk

Sight Distance Triangle Sight Triangle Single Unit Dwelling, Attached Single Unit Dwelling, Detached Site Social Service Center Solar Reflective Index Specific Plan Story Street First Story Half Story Street Line Structural Alterations Structure Structure, Accessory Structure, Primary (Structure, Main) Structure, Temporary Subdivider Subdivision Subdivision Map Act Supportive Housing Swimming Pool TDM Tenant Tentative Map Tentative Parcel Map TMA Transient Lodging Bed and Breakfast

Hotel and Motel

Transitional Housing

Transportation Passenger Terminals

Urban Agriculture

Use

Accessory Use Incidental Use Primary Use Use Classification Use Permit Use Type Utilities Utilities, Major Utilities, Minor Variance Vehicle Vesting Tentative Map Visible Wall Warehousing, Storage, and Distribution Chemical, Mineral, and Explosives Storage Indoor Warehousing and Storage Outdoor Storage Mini-Storage Wineries Winery, Large Winery, Small Wireless Communications-Related Terms Accessory Equipment Antenna Antenna, Amateur Radio Antenna, Ground-Mounted Antenna, Panel Antenna, Satellite Earth Station Antenna Array

Antenna Structure

Antenna Structure, Freestanding

Approved Radio Frequency Expert

Base Station Camouflaged Facility

Co-Location

Eligible Support Structure Equipment Shelter FAA

FCC Feasible Mast Microcell Facility Monopole PUC Readily Visible Radio Frequency Related Equipment Satellite Dish Service Provider Shot Clock Substantial Change Tolling Tower Wireless Communications Facility Yard Front Yard Interior Side Yard Rear Yard Street Side Yard Zoning Administrator Zoning Map Zoning Ordinance; Zoning Regulations

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023) 15.04.104.020 - Definitions.

Abutting or Adjoining. Having a common boundary.

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

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

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

ADA. Americans with Disabilities Act.

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

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

Adult Businesses. Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, videos, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts, or by an emphasis on male or female genitals, buttocks or female breasts. Such activity includes adult book stores, adult arcades, adult movie theaters, sexual encounter establishments, adult cabarets, massage parlors (excluding those in compliance with Chapter 9.38 of the Municipal Code), and adult theaters, which exclude minors by virtue of age.

Affordable-Housing Related Terms

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

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

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

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

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

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

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

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

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

Density Bonus. A density increase over the otherwise maximum allowable density permitted by the City of Richmond pursuant to California Government Code Section 65915 and Article 15.04.602.

Density Bonus Units. Dwelling units approved in a residential development project or mixed-use development project pursuant to California Government Code Section 65915 and Article 15.04.602 that are in excess of the maximum allowable residential density otherwise permitted by the City of Richmond.

Housing Unit. A dwelling unit.

Inclusionary Housing Agreement. An agreement in conformance with Section 15.04.603.110 between the City and a developer, governing how the developer shall comply with Article 15.04.603.

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

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

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

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

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

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

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

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

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

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

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

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

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

Senior Citizen Housing Development. A senior citizen housing development as defined in California Civil Code Sections 51.3 and 51.12, that is developed, substantially rehabilitated, or substantially renovated for senior citizens. A senior citizen housing development must include at least 35 dwelling units

Very Low Income Household. Households whose income does not exceed the very low-income limits applicable to Contra Costa County as defined in California Health and Safety Code Section 50105 and published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

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

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

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

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

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

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

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

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

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

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

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

Clinic/Hospital. Establishments where domestic animals receive medical and surgical treatment. This classification includes only facilities that are enclosed, soundproofed, and air-conditioned. Grooming and temporary (up to 30 days) boarding of domestic animals is included if incidental to the hospital use.

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

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

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

d a room for animal care services. A riding school generally operates on the basis of hiring out horses or ponies on a pay per hour basis. Typically students go out together on a ride accompanied by a member of staff, and range from small establishments in converted farm buildings, to much larger premises with purpose-built stables, indoor or outdoor schools and, sometimes, cross-country courses.

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

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

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

Area. Any geographical area, for example a portion of a block, a block, or a larger district.

Architectural Feature. An exterior building feature, including a roof, walls, windows, doors, porches, posts, pillars, recesses or projections, and exterior articulation or walls, and other building surfaces.

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

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

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

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

Studio-Heavy. Art production on a medium or large scale generally using heavy equipment. Typical uses include large-scale metal and woodworking studios.

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

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

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

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

Automobile/Vehicle Sales and Leasing. Sale or lease, retail or wholesale, of new or used automobiles, light trucks, motorcycles, motor homes, and trailers, together with associated minor repair services and parts sales for vehicles sold or leased by the dealership. This classification includes on-site facilities for maintaining an inventory of vehicles for sale or lease but excludes buildings and property on a separate site that are used for storing vehicles.

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New. Sales and leasing of new cars, recreational vehicles, and trucks by new car dealers, including sales of previously-owned automobiles and trucks, and sales of parts and accessories, storage, and incidental maintenance and repair.

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Used. Sales and leasing of previously owned automobiles, recreational vehicles and trucks by car dealers not affiliated with a new car manufacturer.

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

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

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

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

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

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

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

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

Banks and Financial Institutions.

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

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

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

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

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

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

Bicycle-Parking Related Terms.

Abandoned Bicycle. A bicycle that has been parked continuously in one place for at least two weeks in short-term parking or at least one month in long-term parking, excluding seasonal bicycle storage as agreed upon between the property owner and the bicycle owner.

Bicycle. A device propelled by human power upon which a person may ride, having two wheels one behind the other, at least one wheel being at least 13 inches in diameter.

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

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

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

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

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

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

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

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

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

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

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

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

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

Bikeway Classes.

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

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

Class III Bikeway (Bike Route). Provide a right-of-way designated by signs or pavement markings for shared use with pedestrians or motor vehicles. While a basic Class III route may simply have signs and markings, a Bicycle Boulevard is a special type of shared route that optimizes bicycle travel. Bike boulevards can have a variety of traffic calming elements to improve safety and comfort for bicyclists.

Class IV Bikeway (separated bikeway). On-street bikeway for the exclusive use of bicycles and includes a separation required between the separated bikeway and the through vehicular traffic. The separation may include, but is not limited to, grade separation, flexible.

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

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

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

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

Breweries. Facilities that produce beer and similar beverage onsite.

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

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

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

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

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

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

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

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

Building Code. Any regulations of the City governing the type and method of construction of buildings and structures, including sign structures.

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

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

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

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

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

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

CDHP. California Department of Public Health.

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

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

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

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

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

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

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

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

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

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

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

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

Communications Facilities. Broadcasting and other information relay services.

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

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

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

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

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

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

Condominium-related Terms. The following terms are related to residential condominium conversions and new condominium construction.

Association. An organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums.

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

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

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

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

Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property. For purposes of this Ordinance, the term "condominium" shall be deemed to include a "stock cooperative" or "planned development."

Consumer Price Index, Rental Component. A statistical measure of change over time in the price of residential rent, as reported periodically by the U.S. Department of Labor. For purposes of this Ordinance, the index for the San Francisco-Oakland area, for the 12-month period most recently reported, shall be applicable.

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

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

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

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

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

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

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

Residential Condominium. A condominium for residential purposes.

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

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

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

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

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

CPUC or PUC. California Public Utilities Commission.

Creek-Related Terms.

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

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

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

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

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

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

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

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

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

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

Riprap. Cobbles, rock, concrete pieces, or other non-vegetative debris used to protect streambanks from erosion.

Cul De Sac. A street or system of streets that connects to other streets only at one end. A means for turning around is generally provided at each dead end.

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

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

Days. Calendar days, unless indicated otherwise.

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

Decision-making Body. See Approval Authority.

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

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

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

Design. Design means:

Street alignments, grades and widths;

2.

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

3.

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

4.

Fire roads and firebreaks;

5.

Lot size and configuration;

6.

Traffic access;

7.

Grading;

8.

Land to be dedicated for park and recreational purposes; and

9.

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

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

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

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

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

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

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

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

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

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

Duplex. A single building that contains two dwelling units or two single unit dwellings on a single parcel. This use is distinguished from a Second Dwelling Unit, which is an accessory residential unit as defined by State law.

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

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

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

Bars/Night Clubs/Lounges. Businesses serving beverages for consumption on the premises as a primary use and including on-sale service of alcohol including beer, wine, and mixed drinks. This use includes karaoke bars and micro-breweries where alcoholic beverages are sold and consumed on site and any food service is subordinate to the sale of alcoholic beverages.

Brewpub. A full-service or limited-service restaurant with a micro-brewery as an accessory use. A brewpub may sell other supplier's beer, including other hand-crafted or micro-brewed beers as well as wine to patrons for consumption on its premises.

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

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

Restaurant with Drive Through. A restaurant where food or coffee-type beverages are purchased by motorists who remain in their vehicles during the sales transaction.

Effective Date. The date on which a permit or other approval becomes enforceable or otherwise takes effect, rather than the date it was signed or circulated.

Efficiency Unit. A dwelling unit in a multi-family building with less than 500 square feet of space, meeting all Building Code requirements for such units.

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

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

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

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

Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less, as defined in Section 50801 of the California Health and Safety Code. Medical assistance, counseling, and meals may be provided.

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

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

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

Et seq. An abbreviation for the Latin phrase et sequences, meaning "and the following."

EV Capable. An EV Capable space refers to a parking space with conduit installed and allocated 208/240-volt 40-amp electric panel capacity for future EV charging stations.

EV Ready. An EV Ready space has easily accessible electric vehicle supply equipment needed for charging an electric vehicle, 208/240-volt 40amp panel capacity, conduit, wiring, and overprotection devices.

EV Space. A parking space intended for future installation of an electric vehicle charging equipment. An EV Space does not need to be reserved for electric vehicle charging prior to the installation of the electric vehicle charging equipment.

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

FAA. Federal Aviation Administration.

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

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

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

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

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

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

FCC. Federal Communications Commission.

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

FEMA. Federal Emergency Management Agency.

Fence-Related Terms.

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

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

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

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

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

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

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

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

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

General Market. Retail food markets of food and grocery items primarily for offsite preparation and consumption. Typical uses include supermarkets and specialty food stores such as retail bakeries; commissaries, candy, nuts and confectionary stores; meat or produce markets;

vitamin and health food stores; cheese stores; and delicatessens. This classification may include small-scale specialty food production with retail sales.

Liquor Store. Establishments primarily engaged in selling packaged alcoholic beverages for off-site consumption.

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

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

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

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

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

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

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

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

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

Grade. The location of the ground surface.

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

Average Grade. A horizontal line approximating the ground elevation through each building on a site used for calculating the exterior volume of a building. Average grade is calculated separately for each building.

Existing Grade. On vacant parcels before any land development activities are undertaken, the elevation of the ground at any point on a lot as shown on the required survey submitted in conjunction with an application for a building permit or grading permit. Existing grade also may be referred to as natural grade.

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

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

oom or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories, fraternities, convents, monasteries, and other types of organizational housing, and private residential clubs, but excludes extended stay hotels intended for long-term occupancy (see Hotel and Motel) and Residential Facilities.

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

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

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

Hazardous Waste Terms.

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

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

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

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

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

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

Hospitals and Clinics. State-licensed public, private, and non-profit facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance-abuse programs, as well as training, research, and administrative services for patients and employees. This classification excludes veterinaries and animal hospitals (see Animal Care, Sales, and Services).

Hospital. A facility providing medical, surgical, mental health, or services primarily on an in-patient basis, and including ancillary facilities for outpatient and emergency treatment, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

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

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

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

Household. See Family.

Household Income Types.

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

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

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

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

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

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

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

Improvement. Improvement refers to:

1.

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

Any other specific infrastructure, such as streets and sidewalks, trails, drainage, utilizes, or other types of physical improvements, the installation of which, either by the subdivider, public agencies, private utilities, any other entity approved by the City, or a combination thereof, is necessary to ensure consistency with or implementation of the General Plan or any applicable specific plan.

Improvement Agreement. A legal document defining responsibilities for installation and maintenance of improvements in a subdivision and guaranteeing construction of these improvements.

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

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

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

Industrial, Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes the manufacturing of finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving, and publishing; sign painting shops; machine and electrical shops; computer and electronic product manufacturing; furniture and related product manufacturing; perishable commodity

services and handling with cold storage; and industrial services. It also includes the preparation, manufacturing, and/or packaging of food for off-site consumption. Typical food manufacturing uses include canners, roasters, production breweries, wholesale bakeries, and frozen food manufacturers.

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

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

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

ITE. Institute of Transportation Engineers.

Junior Accessory Dwelling Unit. An accessory dwelling unit that is no more than 500 square feet in size, includes an efficiency kitchen consistent with building code standards, and is contained entirely within a proposed or existing single-family dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities that are within the existing structure.

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

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

Landscape-Related Terms.

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

Automatic Irrigation Controller. An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Invasive Plant Species. Species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Pervious. Any surface or material that allows the passage of water through the material and into the underlying soil.

Plant Factor or "Plant Water Use Factor". A factor that estimates the amount of water needed by plants. Plant factors are derived from the University of California publication "Water Use Classification of Landscape Species" known as (WUCOLS). Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations.

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

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

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

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

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

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

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

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

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

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

Turf. A ground cover surface of mowed grass.

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

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

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

Watering Window. The time of day irrigation is allowed.

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

Ldn. The day-night average sound level (also referred to as DNL) is the average noise level over a 24-hour period. The noise between the hours of 10 p.m. and 7 a.m. is artificially increased by 10 dB to take into account the decrease in community background noise of 10 dB during this time period.

Light Fleet-Based Service. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of three or more vehicles with rated capacities less than 10,000 lbs. This classification includes parking, dispatching, and offices for taxicab and limousine operations, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile/Vehicle Sales and Service, Towing and Impound) or taxi or delivery services with two or fewer fleet vehicles on-site.

Lighting-Related Terms.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Figure 15.04.104.020: Lot and Yard Types

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Lot Area. The area of a lot measured horizontally between bounding lot lines.

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

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

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

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

Lot Line Types.

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

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

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

Rear Lot Line. (Synonym: Rear Design Site Line) The lot line that is opposite and most distant from the front lot line. Where no lot line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

Side Lot Line. Any lot line that is not a front or rear lot line.

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

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

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

Major Subdivision. A subdivision of five or more parcels, five or more condominiums as defined in Section 783 of the State Civil Code, or a community apartment project containing five or more parcels. Also, the conversion of a dwelling to a stock cooperative containing five or more dwelling units.

Major Transit Stop. A site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

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

Marijuana-Related Terms.

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

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

Cannabis. See Marijuana.

Collective. See Dispensary.

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

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

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

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

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

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

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

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

Marijuana. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the crude or purified resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. See also "marijuana."

its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. See also "marijuana."

Marijuana Cultivation Facility. Any building in which medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of these activities using artificial lighting in whole or in part.

Marijuana Product Manufacturer. A manufacturer of a medical marijuana product.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Municipal Code. The City of Richmond Municipal Code.

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

Noise-Related Terms.

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

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

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

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

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

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

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

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

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

Off-Site Use. An activity or accessory use that is related to a specific primary use, but is not located on the same lot as the primary use.

Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, and legal offices, excluding banks and savings and loan associations with retail banking services (see Banks and Financial Institutions). This classification also includes offices where medical and dental services are provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals, including medical/dental laboratories within medical office buildings, but excludes clinics or independent research laboratory facilities (see Research and Development) and hospitals.

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

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

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

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

Open Space Types.

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

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

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

Opposite. Across from or across the street from.

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

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

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

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

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

Parapet Wall. That part of a wall that extends above the roof line.

Parcel. A legally subdivided plot of land shown on a map of record. Also referred to as "lot."

Parcel Map. A map showing a division of land of four or fewer parcels as required by this Ordinance, prepared in accordance with the provisions of this Ordinance and the Subdivision Map Act.

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

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

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

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

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

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

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

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

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

Personal Services.

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

tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, video rental stores, photocopying and photo finishing services, and travel agencies mainly intended for the consumer. It does not include gyms, exercise clubs, or studios offering performing arts, martial arts, physical exercise, or yoga training and similar types of instruction.

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

Health/Fitness Facility. A fitness center, gym, exercise club, health and athletic club, or studio offering martial arts, physical exercise, yoga training and similar types of instruction to classes and groups of more than five persons. The facility may include exercise machines, weight training equipment, group exercise rooms, sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, and other indoor sports activities, indoor or outdoor pools.

Tattoo or Body Modification Parlor. An establishment whose principal business activity is one or more of the following: 1) using ink or other substances that result in the permanent coloration of the skin through the use of needles or other instruments designed to contact or puncture the skin; or 2) piercing of the body of a person for the purpose of inserting jewelry or other decoration.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Retail Sales.

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

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

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

General Retail Sales, Large-Scale. Retail establishments with over 25,000 square feet of sales area that sell merchandise and bulk goods for individual consumption, including membership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area.

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

With Drive-Through. A retail establishment with drive-through facilities

Reversion to Acreage Map. A map filed for the purpose of reverting to acreage land previously placed on record with the County Recorder by means of a subdivision or parcel map.

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

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

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

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

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

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

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

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

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

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

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

Side Setback. An area between a side lot line or design site line and the primary structure or a parking area, extending between the front and rear setback.

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

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

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

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

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

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

Single Unit Dwelling, Attached. A dwelling unit that is designed for occupancy by one household located on a single parcel that does not contain any other unit (except a second dwelling unit, where permitted), and is attached through common vertical walls to one or more dwellings on abutting parcel. An attached single-unit dwelling is sometimes called a "townhouse" or "zero-parcel line" development.

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

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

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

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

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

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

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

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

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

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

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

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

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

Subdivider. A person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself or herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."

Subdivision. The division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future, except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. Subdivision includes a condominium project, as defined in Section 4125 of the Civil Code, a community apartment project, as defined in Section 4105 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in of Section 4190 or 6566 of the Civil Code.

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

Supportive Housing. Dwelling units with no limit on length of stay that are occupied by the target population as defined in subdivision (d) of Section 53260 of the California Health and Safety Code or individuals eligible for services provided pursuant to the Lanterman Development Disabilities Act (Division 45 of the Welfare and Institutions Code), and that are linked to onsite or offsite services that assist supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, where possible, work in the community and where no onsite medical care is provided. Supportive housing as defined by Subdivision (b) of Section 50675.14 may be provided in a multiple-unit structure or group residential facility. Facilities may operate as licensed or unlicensed facilities subject to applicable State requirements.

Swimming Pool. A pool, pond, lake, or open tank capable of containing water to a depth greater than 1.5 feet at any point.

TDM. Transportation Demand Management.

Tenant. A person renting or leasing a housing unit or non-residential space.

Tentative Map. A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it, which need not be based upon an accurate or detailed final survey of the property.

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

TMA. Transportation Management Association.

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

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

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

Transitional Housing. Dwelling units configured as rental housing but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time, that shall be not less than six months from the beginning of assistance. Transitional housing may be designated for homeless or recently homeless individuals or families transitioning to permanent housing as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Facilities

may be linked to onsite or offsite supportive services designed to help residents gain skills needed to live independently. Transitional housing may be provided in a variety of rental housing types (e.g., multiple-unit dwelling, single-room occupancy, group residential, single unit dwelling). This classification includes domestic violence shelters.

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

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

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

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

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

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

Use Classification. A system of classifying uses into a limited number of use types on the basis of common functional, product, or compatibility characteristics. All use types are grouped into the following categories: residential, retail, commercial and office; institutional and community facilities, industrial, and transportation, communication, and utilities.

Use Permit. A discretionary permit, such as an administrative use permit or a conditional use permit, that provide for the accommodation of land uses with special site or design requirements, operating characteristics, or potential adverse effects on surroundings, that are not permitted as of right but may be approved upon completion of a review process and, where necessary, the imposition of conditions of approval.

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

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

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

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

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

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

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

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

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

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

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

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

and storage, and warehouses. It excludes the storage of hazardous chemical, mineral, and explosive materials.

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

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

Wineries.

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

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

Wireless Communications-Related Terms.

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

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

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

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

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

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

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

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

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

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

Base Station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. A base station includes, without limitation:

1.

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

2.

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

3.

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

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

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

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

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

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

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

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

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

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

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

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

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

Service Provider. Any authorized provider of wireless communications services.

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

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

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

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

Wireless Communications Facility. Personal wireless service facilities that transmit and/or receive electromagnetic signals for cellular radio telephone service, personal communications services, enhanced specialized mobile services, paging systems, and related technologies. Such facilities include antennas, microwave dishes, parabolic antennas, and equipment used in the transmission or reception of such signals; telecommunication towers; associated equipment cabinets; and accessory structures used for provision of personal wireless services.

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

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

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

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

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

front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear yard.

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

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

Zoning Ordinance; Zoning Regulations. The administrative regulations established under the authority of the Government Code that divide the city into districts and establish a set of standards governing the use, placement, spacing and size of land and buildings and related development controls to implement the General Plan.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 01-19 N.S., § II(Exh. A), 1-15-2019; Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020; Ord. No. 24-20 N.S., § 1, 11-10-2020; Ord. No. 27-20 N.S., § 1, 11-10-2020; Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

SERIES 200 - BASE ZONING DISTRICT REGULATIONS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 30-18 N.S., § I(Exh. A), adopted Dec. 18, 2018, changed the title of Series 200 from "Base District Regulations" to read as set out herein.

ARTICLE 15.04.201 - RESIDENTIAL DISTRICTS

15.04.201.010 - Purpose.

The specific purposes of the Residential Districts are to:

A.

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

B.

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

C.

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

D.

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

E.

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

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

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

RL1 Single Family Very Low Density Residential. This district is intended to create, preserve, and enhance areas for very low density singlefamily housing in outlying, undeveloped hillside areas. Standards will ensure that development is compatible with hillside conditions and promote clustered development to preserve open space. Minimum lot size for this designation is 6,000 square feet, which may be reduced with clustered development.

RL2 Single Family Low Density Residential. This district is intended for low density residential development with attached and detached singlefamily homes in level to moderately sloped areas. Dwelling types also may include small lot single unit development, duplexes, townhomes, cottages, bungalows, and second units. Density in this zoning district is a maximum of 15 dwelling units per acre. In addition to single-unit

Density Residential. This district is intended for low density residential development with attached and detached singlefamily homes in level to moderately sloped areas. Dwelling types also may include small lot single unit development, duplexes, townhomes, cottages, bungalows, and second units. Density in this zoning district is a maximum of 15 dwelling units per acre. In addition to single-unit

homes, this district provides for compatible, supportive uses, such as small family day care, park and recreation facilities, civic and institutional uses, including schools and places for community assembly that may be appropriate in a single-family residential neighborhood, and community gardens. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission. Existing multi-family residential structures may remain and may be improved without increasing densities, or may revert to single-family residential uses.

RM-1 Medium Density Multi-Family Residential. This district is intended for single and multi-family housing types such as one to three-story garden apartments, historic bungalows and cottages on small lots, townhouses and stacked flats. A maximum density of 26 dwelling units per acre is permitted, and minimum density of 10 dwelling units per acre is required. In addition to residential uses, this district allows for a limited number of public and semi-public uses such as day care centers, public safety facilities, and residential care facilities that are appropriate in a medium density multi-family residential environment. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission. Small lot single unit and bungalow court development is allowed in the RM-1 District where it would be compatible with the surrounding neighborhood.

RM-2 Medium-High Density Multi-Family Residential. This district is intended for multi-family housing types including apartments, condominiums, townhouses, and group housing. A maximum density of 40 dwelling units per acre is permitted, and a minimum density of 15 dwelling units per acre is required. In addition to residential uses, this district allows for compatible public and semi-public uses, including day care centers, public safety facilities, community assembly, residential care facilities, and transitional and supportive housing that are appropriate in a medium-high density residential environment. Neighborhood mixed-use development is allowed at neighborhood nodes identified by the Planning Commission.

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

Table 15.04.201.020 prescribes the land use regulations for the Residential Districts. The regulations for each district are established by letter designations as follows:

"P" designates permitted uses.

"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.

"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.

"L#" designates numbered limitations listed at the end of the table.

"x" designates uses that are not permitted.

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

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

A.

Limitations on Commercial Development. Commercial-only development is not allowed. The area devoted to commercial uses cannot exceed 30 percent of the total building floor area.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 25-20 N.S., § I(Exh. A), 11-10-2020; Ord. No. 27-20 N.S., § 2, 11-10-2020)

Table 15.04.201.030 prescribes the development standards for the RH, RL1 and RL2 districts. Additional regulations are denoted in a right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.201.030: DEVELOPMENT STANDARDS—RH, RL1 AND RL2 DISTRICTS

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Additional Development Standards for RH and RL Districts

A.

Accessory Building Height. The 14-foot height limit applies to accessory buildings or structures, except that the height may be increased to 16 feet for an accessory dwelling unit.

B.

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

C.

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

Figure 15.04.201.030-C: Porches within Side Setback

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D.

Side Setback for Narrow Lots.

1.

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

2.

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

Figure 15.04.201.030-D: Second Story Projection on Narrow Lots

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E.

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

Figure 15.04.201.030-E: Street Side Setback on Lots with Reversed Frontage

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F.

Rear Setback. In the RL2 and RL1 districts the rear setback may be reduced to 10 feet if the combined front and rear setback is at least 40 feet.

G.

Maximum Residential Floor Area and FAR. The maximum gross residential floor area allowed on a lot shall not exceed the maximum FAR applicable to a lot size range, as shown in Table 15.04.201.030-G.

H.

Maximum Non-Residential Floor Area. The maximum non-residential floor area ratio (FAR) is 0.65 in RH, RL1 and RL2 Districts.

I.

Determining FAR. When determining FAR in RH, RL1 and RL2 Districts, side-loaded or detached garages located to the rear of residential structures, a minimum of 40 feet away from the front property line and accessed by a driveway less than 12 feet in width are excluded from the floor area calculation.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 3, 11-10-2020)

A.

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

B.

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

landscaped courtyard entry, may be approved through the administrative design review process.

Figure 15.04.201.040-B: Building Entrances

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C.

Architectural Articulation. Buildings shall include adequate design features to create visual variety and avoid a large-scale and bulky appearance.

1.

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

2.

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

D.

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

E.

Garage Frontage.

1.

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

2.

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

Figure 15.04.201.040-E: Garage Frontage

==> picture [326 x 235] intentionally omitted <==

F.

Paving. The maximum amount of paving (impervious surface) in street-facing yards is 50 percent of the required yard.

G.

Driveways. Curb cuts and driveways shall be minimized.

1.

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

2.

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

3.

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

H.

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

1.

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

2.

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

3.

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

4.

The alley is paved; and

5.

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

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

TABLE 15.04.201.050: DEVELOPMENT STANDARDS—RESIDENTIAL MULTI-FAMILY DISTRICTS

==> picture [272 x 133] intentionally omitted <==

Additional Development Standards—RM Districts

A.

Transitional Standards. Where an RM District adjoins an RH or RL District, the following standards apply:

1.

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

2.

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

B.

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

C.

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

D.

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

E.

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

F.

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

1.

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

2.

Surface Parking. Above ground parking may be located within 40 feet of a street facing property line with the approval of an administrative use permit when at least one of the following findings can be made:

a.

The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible;

b.

The parking area is well screened with a wall, hedge, trellis, and/or landscaping; or

c.

The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

G.

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

1.

Minimum Dimensions.

a.

Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than six feet.

b.

Common Open Space. Minimum dimension of 15 feet.

2.

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

3.

Accessibility.

a.

Private Open Space. The space shall be accessible to only one living unit by a doorway or doorways to a habitable room or hallway.

b.

Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 4, 11-10-2020)

A.

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

TABLE 15.04.201.060: HEIGHT REGULATIONS FOR ALL LOTS WITH A FOOTPRINT SLOPE OF ≥20%

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Additional Regulations for Table 15.04.201.060

1.

See Section 15.04.201.060 for allowed projections above height limits.

2.

On a downslope lot greater than 40 percent footprint slope, the rear wall of an attached garage or carport may exceed the wall height and roof height by five feet, but may not exceed 18 feet above ground elevation at edge of pavement, if the garage or carport conforms with all of the following criteria:

a.

Maximum width is 22 feet and maximum depth is 20 feet; and

b.

Garage or carport floor is at the same level as the edge of the street pavement resulting from the project at the center point of the driveway entrance or is at a lower level; and

c.

Maximum height above the garage or carport floor is ten feet for walls to the top of the plate or flat roof and 12 feet for pitched roofs.

A.

Building Entrances.

1.

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

2.

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

3.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

Transition Areas. Where new multi-family developments are built adjacent to existing lower-scaled residential development, the façade facing the existing lower-scaled residential development shall be designed to provide architectural relief and interest, while also respecting the scale of adjacent neighbors.

a.

Height. Full-height recesses, a minimum of 10 feet deep, shall be provided along the facade to break the building into smaller discrete masses.

b.

Privacy. Offset windows to avoid direct sight lines into and from neighboring properties. Position balconies and other private open space so they minimize views into neighboring properties.

8.

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

C.

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

D.

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

E.

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

1.

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

2.

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

3.

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

4.

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

5.

Pedestrian Walkway Design.

a.

Walkways shall be a minimum of six feet wide, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

15.04.201.080 - Residential Development Types.

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

A.

Single Unit Dwellings.

Figure 15.04.201.080-A: Residential Development Type Illustration: Single Unit Dwelling

==> picture [335 x 335] intentionally omitted <==

B.

Multi-Unit Residential Development.

Figure 15.04.201.080-B: Residential Development Type Illustration: Multi-Unit Residential

==> picture [344 x 344] intentionally omitted <==

C.

Small Lot Single Unit, Bungalow Court, and Townhouse Development Types. Small lot single unit, bungalow court, and townhouse development types are subject to the development standards and supplemental regulations of the base district unless modified by Table 15.04.201.080.

Figure 15.04.201.080-D(1): Residential Development Type Illustration: Small Lot Single Unit

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Figure 15.04.201.080-D(2): Residential Development Type Illustration: Bungalow Court

==> picture [344 x 344] intentionally omitted <==

Figure 15.04.201.070-D(3): Residential Development Type Illustration: Townhouse Development

==> picture [344 x 344] intentionally omitted <==

15.04.201.090 - Small Lot Subdivisions.

A.

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

B.

Location. A small lot subdivision may be proposed and approved on any site within the RL2 District where such development would be compatible with adjacent uses and the character of the area, and the density will not exceed the General Plan maximum. A small lot subdivision shall not be allowed where the Planning Commission determines that such compatibility will not occur, public utilities and services are inadequate, or the landform is inappropriate for such development because of grading or impacts on views from adjacent lots.

C.

Development Types. Small lot subdivisions may be proposed and approved for small lot single unit, bungalow court, and townhouse development developed according to Section 15.04.201.070, Residential Development Types.

D.

Lot Standards. The Planning Commission may approve smaller lots than required for the base district, but no less than 2,000 square feet in area and 30 feet in width, upon finding that the development will be compatible with neighboring uses and will contribute to underserved segments of the City's housing market.

A.

Purpose. The purpose of this section is to establish development standards for hillside subdivisions to preserve the hills and ridges and their natural features and to maintain a harmonious visual and functional relationship between the existing natural environment and future development, consistent with the General Plan. More specifically, these standards are intended to:

Maintain an environmental equilibrium, consistent with existing topography, vegetation, soils, and drainage patterns and minimize grading and cut and fill operations to retain, whenever possible, the natural character of the hill areas;

2.

Avoid development that would result in unacceptable fire, flood, landslide or other safety hazard or impose high maintenance costs for streets and public facilities;

3.

Provide a mechanism for flexible design of hillside residential development that is sensitive to existing terrain, and significant natural landforms and features; and

4.

Minimize water runoff and soil erosion problems incurred in adjusting to the terrain to meet on-site and off-site development needs.

B.

Applicability. These standards apply to any land division on sites and lots or portions of undeveloped land greater than one acre in area with an average slope of 15 percent or greater over any horizontal distance of 25 feet or more, except mineral resource extraction and quarrying.

1.

The Zoning Administrator may require a survey and slope analysis to determine whether the provisions of this section apply to a specific site or subdivision.

2.

In the event of a conflict between the provisions of this section and any underlying base zoning district, the most restrictive provisions shall apply.

C.

Conditional Use Permit Required. All hillside subdivisions must obtain approval of a conditional use permit. Before approving a conditional use permit, the Planning Commission, must consider:

1.

Responsiveness to the Site Context. How the proposed development responds to the site's physical constraints, natural features, special features, visual character and the neighboring environment.

2.

Proposed Density. The maximum number of dwelling units allowed shall be controlled by the density limits of the base zoning district. However, the Planning Commission may reduce the maximum number of dwelling units as necessary to achieve any of the following:

a.

To minimize the need for grading and/or significant alteration of the natural topography of the site;

b.

To preserve public vistas;

c.

To minimize the construction of unnecessary roadways;

d.

To reduce hazards to adjacent property; or

e.

To preserve environmental resources.

Site Design. Whether the proposed development:

a.

Reflects the City's design goals and policies as expressed in the General Plan;

b.

Preserves or protects unique or special natural features of the site, such as land forms, rock outcroppings, mature trees and vegetation, drainage courses, hilltops and ridge lines;

c.

Is compatible with the natural features, building location, and existing open spaces of neighboring properties;

d. Preserves or minimizes impacts on privacy and access to light and safety of neighboring properties; e. Avoids the unstable or hazardous portions of the site; and 4. Circulation and Parking. Whether the proposed development: a. Provides a clearly organized circulation plan for automobiles, bicycles, pedestrians, and service vehicles; b. Locates and landscapes roads and streets so as to minimize grading and avoid impacts to existing vegetation; and c. Provides access to any parks and publicly-owned open space abutting the site. 5. Required Findings. In addition to the findings in Article 15.04.806, the Planning Commission shall approve or conditionally approve a conditional use permit only upon finding that: a. The project is consistent with the development regulations and design criteria established in this article; b. Proposed grading takes into account existing natural features of the property, including mature trees, significant or unique vegetation groupings, prominent geological features, and natural drainage courses; and c. Adequate wildland fire safety measures have been incorporated into the design of the project. D. Hillside Grading and Drainage. Changes to the existing natural terrain through grading must be kept to a minimum in order to preserve the inherent characteristics of sloping hillsides. 1. Grading. In addition to meeting the standards in Municipal Code Chapter 12.44 (Excavation, Grading and Earthwork Construction), all proposed hillside development shall:

a.

Minimize grading in areas with greater than 26 percent slope except that required exclusively for foundations. All grading shall conform to the following standards, based upon the percent of the natural slope:

i.

0-15 percent. Redistribution of earth over large areas may be permitted;

ii.

15-26 percent. Some grading may occur, but landforms should retain their natural character. Padded building sites may be allowed, but custom foundations, split level designs, stacking and clustering are expected to mitigate the need for large padded building areas;

iii.

26-30 percent. Limited grading may occur; however, major topographic features shall retain their natural land forms; or

iv.

Over 30 percent. Development and limited grading can only occur if necessary to avoid hazards or reduce environmental and visual impacts.

b.

Avoid creating graded areas where there is a 30 feet or greater difference in height between terraces or benches; if the difference is more than 30 feet, then benches with concrete drainage channels shall be placed every 20 feet. If approved, terracing must be designed with small incremental steps, avoiding wide step terracing and large areas of flat pads.

c.

Grade new building sites such that they appear to emerge from the slope.

d.

Avoid a manufactured appearance by creating smooth flowing contours of varying gradients. Slopes created by grading of the site shall not exceed 50 percent, without a soils report and stabilization study justifying it. Avoid sharp cuts and fills and long linear slopes that have uniform grade; sculpture grading to blend slopes and benches with natural topography.

Figure 15.04.201.100-D(1)(d): Grading Contour

==> picture [308 x 128] intentionally omitted <==

e.

Minimize pad size to accommodate the structure and a reasonable amount of open space. Pads for tennis courts, swimming pools and lawns must be minimized.

f.

Use split level building terraces to reduce pad size.

g.

Avoid grading on hazardous or unstable portions of the site.

h.

Minimize grading within 20 feet of all perimeter property lines, unless the grading is similar to the existing adjacent slopes or to the planned grading of the adjacent slopes.

i.

Minimize the height of retaining walls visible from off site. Use stone or earth-colored materials. Design retaining walls associated with lots as follows:

i.

Upslope (from the structure) walls not to exceed four feet in height unless greater height is approved by the Planning Commission. Terraced retaining structures may be utilized if separated by a minimum of three feet and landscaped. Overall combined height of walls shall not exceed eight feet in height unless greater height is approved by the Planning Commission.

Figure 15.04.201.100-D(1)(i): Retaining Wall Height

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ii.

Downslope (from the structure) walls not to exceed a combined total of 42 inches in height unless greater height is approved.

iii.

Sloping. One retaining wall on each side of the lot not exceeding 42 inches in height.

iv.

Retaining walls shall be designed with smooth, continuous lines that conform to the topography. Maximum wall height at the base of slopes along roadways shall not exceed 4 feet in order to avoid a contained, channel-like effect.

v.

Retaining walls to accommodate a patio or terrace shall conform to the natural hillside profile.

2.

Drainage. In addition to meeting the standards in the Subdivision and Grading Ordinances, all proposed hillside development shall:

a.

Collect and convey storm water to off-site systems in a manner that will avoid erosion and damage to on-site and adjacent properties.

b.

Design necessary storm drainage improvements to create a natural rather than a manufactured appearance.

c.

Minimize on-site areas of impervious surfaces to reduce runoff.

d.

Provide adequate drainage control devices to prevent flooding of below grade floor slabs and subterranean water from seeping into structures.

e.

Place drainage devices, such as terrace drains, benches and down drains, in locations of least visibility on slopes. Avoid visible concrete drains; but if required, they should be color tinted and screened with planting to be less obtrusive.

f.

Provide for bulked-flow and subsoil runoff to a safe point of discharge, such as a street, channel or debris basin, so that damage to improvements or slopes will not result. Do not flatten natural stream gradients.

g.

Design lots and proposed improvements to accommodate debris from potential land slippage and/or erosion without damage to improvements or downslope property. Provide access to a street for cleanup and removal, where warranted.

h.

Provide emergency routes for flood and debris flows that exceeds the design capacity of planned drainage, flood control and debris collection facilities. Direct overflows away from slopes and improvements and toward safe points of discharge.

3.

Erosion Control. In addition to meeting the standards in the Subdivision and Grading Ordinances, all proposed hillside development shall:

a.

Include erosion control and revegetation programs in grading plans, when necessary to prevent erosion;

b.

Control the timing of grading and construction to avoid failure during construction; and

c.

When detention basins and other storm and erosion control facilities are required, minimize any negative visual impacts to the natural hillside character with planting and revegetation.

4.

Geologic Hazards. Geotechnical review is required on all sites to identify hazardous areas, including potential debris flows.

a.

Areas determined through the geotechnical review process to be too hazardous for development shall not be developed.

b.

The following methods for mitigating geologic hazards are not acceptable:

i.

Exposure of slopes that cannot be suitably re-vegetated; and

ii.

Removal of large areas of existing mature vegetation that substantially contribute to the natural character of a site.

c.

Existing geologic hazards shall be corrected when they pose a threat to on or off-site development or properties.

d.

In all subdivisions, for 10 years following granting of a final occupancy permit, the applicant shall warrant and be solely responsible for slope maintenance and stabilization. In addition, the applicant shall deposit a bond with the City, or provide equivalent assurance as approved by the City Engineer, in an amount as determined by the City Engineer to ensure compliance with this condition. Following the expiration of the warranty period, impacts due to soils failure are the sole responsibility of the property owners' association.

Slope monitoring by a California-certified engineering geologist shall be conducted every other month for the first two years and annually thereafter and written reports of findings provided to the City Engineer.

Provisions for maintenance of slopes and retaining walls with instruction for recognizing conditions that require professional evaluation and potential mitigation shall be incorporated in the codes and covenants of the property owners' association. A copy of such codes, covenants and instructions shall be submitted to the Director and City Engineer for approval prior to issuance of building permits.

E.

Lot Size and Configuration, Building Setbacks, and Location. The layout of lots in all hillside residential development must be adapted to existing topography and natural features and avoid unnecessary alteration of land forms. The Planning Commission may approve lots that are less than the minimum size and dimensions in a cluster development provided the overall density does not exceed the General Plan maximum.

1.

Lot Configurations. All proposed hillside development shall:

a.

Use lot patterns that offer a variety of lot shapes.

b.

Place lot lines at the top of major slope areas to ensure that the slope maintenance and planting will not be neglected by an uphill owner and to minimize drainage crossing lot lines.

c.

Use flag lots with parking located adjacent to roadways to minimize roadway cut and fill.

Figure 15.04.201.100-E(1): Flag Lots

==> picture [200 x 122] intentionally omitted <==

2.

Building Setbacks. Use variable front building setbacks to preserve natural hillside character.

F.

Trees.

1.

Preserving Trees During Construction.

a.

No fill, grading, or construction shall be permitted within the drip line of any tree (or within six feet of the trunk, whichever is greater) designated for preservation except as may be recommended by an arborist or forester.

b.

Trenching shall be prohibited within the tree drip line, and any required utility line within the tree drip line shall be installed by boring or drilling through the soil.

c.

Where necessary for access in the vicinity of trees designated for preservation, paving within the drip line shall use porous materials such as gravel, loose boulders, cobbles, wood chips, or bark mulch.

Figure 15.04.201.100-F(1): Tree Preservation

==> picture [218 x 236] intentionally omitted <==

2.

Criteria for Tree Removal. In assessing the number of trees and specific trees that may be removed, the Planning Commission shall consider the following criteria as identified in an arborist report submitted by the applicant:

a.

Whether the tree is in poor health and cannot be saved;

b.

Whether the tree is a public nuisance, causing damage to public utilities or streets and sidewalks that cannot be mitigated by some other means (such as root barriers etc.);

c.

Whether the tree is in danger of falling and cannot be saved by some other means (such as pruning);

d.

Whether the tree is damaging existing private improvements on the lot (e.g., building foundation, wall, patio, deck, roof, retaining wall, etc.);

e.

Whether the tree species is known to be highly combustible and is determined to be a fire hazard;

f.

Whether reasonable development of the property would require the alteration or removal of the tree and could not be reasonably accommodated elsewhere on the lot; and

g.

Whether the tree species is known to develop weaknesses that affect its health or the safety of people and property (e.g., short-lived, weakwooded and subject to limb breakage, shallow-rooted and subject to toppling).

3.

Whenever Significant Trees Are Removed.

a.

Trees shall be replaced at a ratio of at least 3 new trees for every tree removed. Replacement trees shall be planted in the following order of priority: (i) on the project site; (ii) on adjacent private or public land, or along public streets, or (iii) within five miles of the site of the removal.

b.

The minimum tree size shall be 15 gallons. Exception to this requirement may be allowed by the Planning Commission when site conditions warrant.

c.

To protect trees during construction one or both of the following measures shall be taken: (i) construct fencing around the drip line of each tree or group of trees to be retained; and (ii) establish an incentive program in the construction contract to encourage workers, particularly bulldozer drivers, to maximize caution when working near trees (such as a fine for each damaged tree or subtract the fine from a bonus to be divided among all construction workers at the end of the project).

G.

Building Locations. All proposed hillside development shall:

1.

Not locate buildings near visually prominent ridgelines when a choice of building location is available. Building rooflines must be located below the ridgeline so that views to the hillside from public roadways see the natural ridgeline.

2.

Minimize front yard setback on downslope lots to reduce building mass hanging over the slope. Step building bulk down with the slope.

H.

Street Layout, Driveway, and Parking Design. In addition to adherence to the standards in the Subdivision Ordinance, new development must align street, drives, parking and emergency vehicle access to conform closely to existing grades and minimize the need for the grading of slopes. Subdividers shall retain natural land forms by introducing gentle horizontal and vertical curves in road alignments.

1.

Street Layout. All proposed hillside development shall:

a.

Use narrower street widths to reduce grading impact, where acceptable to the City Engineer and the Fire Department, when the topography of the small number of lots served and the probable future traffic development justifies it, and when safety will not be compromised.

b.

Reduce the visual and safety impacts of hillside street design by use of terraced retaining walls and landscaping.

c.

Use split roadways to increase the amount and appearance of landscaping and use the median to handle drainage.

2.

Driveways and Guest Parking. All proposed hillside development shall:

a.

Limit driveway grades to 15 percent or less. The finished grade of driveways shall conform to the finished grade of the lot. Concrete driveway approaches shall be engineered and reinforced, as appropriate. All hillside driveway plans must be reviewed and approved by the Fire Department.

b.

Provide two guest parking spaces conveniently placed relative to the dwelling unit unless the Planning Commission waives this requirement to minimize excessive grading or avoid tree removal.

c.

Driveway and parking designs that force vehicles to back out into substandard roadway widths are prohibited.

d.

Common drives in hillside residential development may be approved if grading is reduced. Maintenance agreements are required for common driveways.

e.

On-street parking for guest space may be provided in parking bays in lieu of off-street parking where topography allows.

I.

Reduction of Building Bulk in Multi-Building Projects. All proposed hillside development shall:

1.

Use split pads, pier foundations, stepped footings, and grade separations to permit dwellings to step down or up the natural slope.

Figure 15.04.201.090-I(1): Stepped Footing

==> picture [308 x 145] intentionally omitted <==

2.

Site buildings with different floor elevations to achieve height variation.

3.

Site buildings that are located near the top of hillsides in a staggered arrangement and screen with planting to minimize wall effect.

4.

Avoid long or tall, continuous building masses that create a wall or tower effect.

5.

Articulate facades to produce shadows through wall setbacks, recessed openings, porches, verandas, moderate overhangs, projecting windows.

6.

Avoid extended horizontal rooflines.

J.

Landscaping. All proposed hillside development shall:

1.

Use planting designs that buffer existing neighborhoods from the impacts of new hillside development.

2.

Revegetate scarred or graded areas.

On slopes of 2:1 or greater, select plant materials with deep rooting characteristics that will minimize erosion and reduce surface runoff. Subdividers also shall use a series of low retaining walls, with sub-drain lines, to increase planting areas, where feasible. This will also reduce runoff and potential erosion.

4.

Use irregular planting spacing to achieve a natural appearance on graded slopes. Plant trees along contour lines in undulating groups to create grove effects which blur the distinctive line of the graded slopes, and plant shrubs of varying height between tree strands. Ground covers of native and introduced species are appropriate for slope erosion control.

ARTICLE 15.04.202 - MIXED-USE DISTRICTS

The specific purposes of the Mixed-Use Districts are to:

A.

Provide for the orderly, well-planned, and balanced growth of mixed-use districts.

B.

Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.

C.

Promote pedestrian- and transit-oriented, mixed-use commercial centers at appropriate locations.

D.

Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along mixed-use streets.

E.

Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality.

The following Mixed-Use Districts implement General Plan classifications of "Neighborhood Mixed-Use", "Medium Density Mixed-Use (Residential Emphasis)", "Medium Intensity Mixed-Use (Commercial Emphasis)", "High Intensity Mixed-Use (Major Activity Center)", "Regional Commercial Mixed-Use", and "Live-Work".

CM-1 Commercial Mixed-Use, Residential. This district is intended for mixed-use development with commercial uses at street-level along corridors. Residential-only development also is allowed and may include condominiums, townhouses or apartments. Commercial-only development is not allowed. Projects with commercial components must also include a residential component. New development is required to have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings.

CM-2 Commercial Mixed-Use, Neighborhood. This district is intended for residential and neighborhood-serving retail uses, such as small stores, markets, professional offices, boutiques, barbershops, beauty salons, and restaurants. Residential development above ground floor commercial is preferred, but not required. Standards will ensure that development at neighborhood nodes is appropriately scaled, so that the physical form relates to and does not overwhelm adjacent single-family residential neighborhoods.

CM-3 Commercial Mixed-Use, Commercial. This district is intended for mixed-use development with commercial or office/light industrial uses at street-level along corridors. This classification is distinguished from the CM-1 Commercial Mixed-Use, Residential, in that it allows residential-only or commercial-only development. Allowable residential uses include condominiums, townhouses or apartments, and commercial uses may include small to large-scale retail, business and personal services and, at street-level, offices serving a walk-in clientele. New development must have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings preferred.

Allowable residential uses include condominiums, townhouses or apartments, and commercial uses may include small to large-scale retail, business and personal services and, at street-level, offices serving a walk-in clientele. New development must have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings preferred.

CM-4 Commercial Mixed-Use, Gateway/Node. This district is intended for mid-rise mixed-use development at key community nodes and gateways with commercial uses at street-level and offices or residential uses on upper floors. Commercial development must have a pedestrian-oriented building design with setbacks allowing for public amenities and parking located behind buildings.

CM-5 Commercial Mixed-Use, Activity Center. This district is intended for mid and high-rise mixed-use development at major activity centers to serve the community and residents and businesses in the San Francisco Bay Area. Office, retail, entertainment and residential uses are allowed.

Standards for physical form will create an urban character as envisioned in the General Plan with streets with minimal setbacks, wide sidewalks and public spaces that cater to pedestrians and transit riders.

LW Live-Work. This district is intended for joint living and working quarters, with residential space connected to small-scale artisan or production spaces as well as office and storefront retail. It includes loft and apartments type development. This district is appropriate for transitional areas identified in the General Plan where it can be demonstrated that the live-work use would not conflict with adjacent uses. A maximum density of 50 dwelling units per acre is permitted, and the non-residential FAR shall not exceed 0.4. Civic and institutional uses also are permitted, but the zoning district is not intended to create a purely residential environment.

Table 15.05.202.020 prescribes the land use regulations for all CM Districts and for the Live-Work District. The regulations for each district are established by letter designations as follows:

"P" designates permitted uses.

"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.

"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.

"L#" designates numbered limitations listed at the end of the table.

"x" designates uses that are not permitted.

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

specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this Ordinance.

1 Schools with conditional use permits that are nonconforming can seek modifications to existing conditions of approval pursuant to Section 15.04.606.040(C), Expansion of nonconfirming uses.

(Ord. No. 27-18 N.S., § I(Exh. A), 11-20-2018; Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 5, 11-10-2020)

Tables 15.04.202.030(1) through 15.04.202.030(5) prescribe the development standards for Mixed-Use Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.202.030(1): LOT, DENSITY, FAR, AND BUILDING PLACEMENT STANDARDS—MIXED-USE DISTRICTS

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1 The increase in density, made by Ordinance 06-21, on April 20, 2021, is intended to conform to the requirements of the Housing Crisis Act of 2019 by ensuring that there is no net loss in residential capacity in the City as a result of the Richmond Hills Initiative and the implementing rezoning also made in this Ordinance which reduced the residential development capacity in the Richmond Hills Initiative area by 864 units. This density increase is allowed by the General Plan, which states on page 3.10 that the maximum number of allowable units in a land use designation may be exceeded to accommodate a density transfer or development rights transfer.

A.

Build-to Line. Buildings shall be constructed at the street frontage or required setback line (the "build-to" line) for at least 60 percent of the building frontage. At least two-thirds of the area between the building and lot line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the Zoning Administrator or the Design Review Board, whichever has approval authority, upon finding that:

1.

Substantial landscaping will be located between the build-to line and ground floor residential units to soften visual impact of buildings;

2.

Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build-to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or

The building will incorporate an alternative entrance design that will create a welcoming entry feature facing the street.

B.

Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear yard.

1.

For any wall containing windows, a setback of at least 5 feet shall be provided.

2.

For any wall containing bedroom windows, a setback of at least 10 feet shall be provided.

3.

For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.

4.

The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.

TABLE 15.04.202.030(2): HEIGHT STANDARDS—MIXED-USE DISTRICTS

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C.

Height Limitations and Exceptions.

Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the height limit.

2.

CM-3 District. For the CM-3 District along San Pablo Avenue, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zone.

3.

Towers. If the project site is greater than 15,000 square feet, a tower or other projecting architectural elements may extend up to 12 feet above the top of a pitched roof, provided that the square footage of the element(s) do not total more than 15 percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.

a.

The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.

b.

The tower element shall be proportional to the rest of the building.

c.

The tower element shall not be stepped back at any point.

d.

The maximum horizontal dimension of the tower element shall not exceed 100 feet.

e.

Fenestration at the base of the tower shall be greater than the top.

f.

The roof shall include architectural detailing, such as a cornice or eave.

D.

Upper Story Limitations. For the CM-3 District along San Pablo Avenue, the maximum allowable number of stories shall not exceed three when abutting a single family residential zone. The top story of all four-story buildings in the CM-1 and CM-2 districts shall contain only residential uses and shall be stepped back a minimum of 10 feet from the story below.

TABLE 15.04.202.030(3): BUILDING FORM STANDARDS—MIXED-USE DISTRICTS

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TABLE 15.04.202.030(4): PARKING AND LOADING STANDARDS—MIXED-USE DISTRICTS

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E.

Wide Buildings. Any building over 50 feet wide shall be broken down to read as a series of buildings no wider than 50 feet each or 30 feet in the CM-1 and CM-2 Districts. Increases in the maximum building width and length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.

F.

Maximum Length of Blank Walls. This limitation does not apply to buildings with unique design requirements, such as gyms and auditoriums.

G.

Building Projections. The maximum width of any projection, including bay windows, is 10 feet, and the total of all projections along a building face may not be more than 10 feet wide or 25 percent of the building frontage, whichever is greater.

H.

Limitations on Location of Parking. Parking may be located within 40 feet of the street facing property line in accordance with the following standards.

1.

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

2.

Surface Parking. Above ground surface parking may be located within 40 feet of a street facing property line with the approval of an administrative use permit when the Zoning Administrator makes the following findings:

a.

Buildings are built close to the public sidewalk to the maximum extent feasible;

b.

The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and

c.

The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

I.

Residential Open Space. Residential open space may be provided as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

1.

Minimum Dimensions.

a.

Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no horizontal dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet.

b.

Common Open Space. Minimum horizontal dimension of 20 feet.

2.

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

3.

Accessibility.

a.

Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

b.

Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A.

Residential Density. Additional residential density may be approved when density bonuses are granted for affordable housing. The minimum density does not mean that residential use is required; however, where it is proposed, it must meet the minimum in Table 15.04.202.030(1).

B.

Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned, unless substantial public benefits are provided, such as a new park, a community garden or a trail.

C.

Street Frontage Improvements. New development shall provide street frontage improvements in accordance with the following:

Between the Property Line and Curb.

a.

Sidewalks. Sidewalks shall be provided if none exist or if the existing sidewalks are in poor condition.

b.

Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.

c.

Street Lights. Pedestrian-scaled street lights, including attachments from which banners may be hung, shall be provided.

d.

Street Trees. Shade trees shall be planted no more than 30 feet on center. Tree guards shall be provided. Trees shall be a minimum of 15 gallons in size, and at least 10 percent of the required trees shall be 24-inch box size or larger.

2.

Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of 10 feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.

D.

Building Orientation and Entrances.

Buildings shall be oriented to face public streets.

2.

Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within 20 feet of a public sidewalk.

3.

At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.

4.

Entrances located at corners shall generally be located at a 45-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.

5.

Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

E.

Building Transparency; Required Openings for Non-Residential Uses. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without a window or other opening.

Figure 15.04.202.040-D: Required Openings for Non-Residential Uses

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1.

Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2.

Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened and treated, consistent with the requirements of Article 15.04.607 (Parking and Loading Standards).

3.

Alternatives through Design Review. Alternatives to the building transparency requirement may be approved if the Zoning Administrator or the Design Review Board, whichever has approval authority, finds that:

a.

The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

b.

Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

F.

Building Design and Articulation. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and "box-like" appearance. Building design shall reflect and complement the architectural style of significant historic buildings within the City. This may be accomplished through the incorporation of architectural style, colors, and materials similar to those used for historic buildings in Richmond. The following standards apply to commercial and mixed-use development in them Mixed-Use Districts. Residential-only development is subject to the building design standards for the RM2 District.

1.

Massing. Building massing shall align with the street grid of adjacent blocks.

2.

Relation to Existing Buildings. Buildings shall be designed to appear integrated with existing buildings in the district.

3.

Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.

Windows.

a.

Window frames shall be inset at least two inches from the face of the building to enhance shadow-line around opening.

b.

Snap-in vinyl mullions between double pane glass is prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.

c.

Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

5.

Exterior Building Materials and Colors.

a.

A unified palette of materials shall be used on all sides of buildings.

b.

Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clap-board, painted metal clapboard or other quality, durable materials approved through the design review process.

c.

A wainscoting of quality materials on the bottom of the ground floor façade is required.

d.

Colors shall be used to help delineate windows and other architectural features to increase architectural interest.

6.

Building Details.

a.

Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.

b.

All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.

c.

All balconies that do not meet the minimum size required for private open space shall have a minimum horizontal dimension of two feet.

d.

Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

G.

Height on San Pablo Avenue. For the CM-3 Zone, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zoning district.

H.

Pedestrian Access.

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

2.

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

3.

To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.

4.

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

5.

Interior Pedestrian Walkway Design.

a.

Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

b.

Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c.

Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

6.

CM-3 and CM-4 Districts. Commercial development is permitted only if the Design Review Board determines that the site plan and building design is pedestrian-oriented with minimal building setbacks along primary street frontage. Where setbacks are proposed, they shall include public amenities, such as outdoor seating, shade structures and canopy trees.

I.

Residential Notification. The building owner shall inform residents of mixed-use development of potential noise from refuse collection and other activities typically associated with ground-floor commercial activity.