Article 15.04.206 — OPEN SPACE DISTRICTS

The purpose of the Open Space and Shoreline Conservation districts is to protect open space and conserve natural resources and, more specifically, to implement the General Plan classifications of "Open Space" and "Shoreline Conservation."

OS Open Space District. The purpose of the OS Open Space District is to provide land for development of open, space uses, consistent with the General Plan. More specifically, this zoning district is intended for undeveloped publicly owned lands, visually significant open lands, water areas, and wildlife habitat. These areas are set aside as permanent open space preserves and may include trails, trail heads, agricultural uses (such as 4H), and other facilities for low-impact public recreational uses. This zoning district includes wetlands, mudflats, creek corridors and other natural preservation areas, as well as private lands deed-restricted for open space preservation.

OS-H Hillside Open Space. The purpose of the OS-H Hillside Open Space District is to protect undeveloped rural hillside land in El Sobrante Valley designated for open space in the General Plan where any substantial additional development in this area would be harmful and would displace agriculture and outdoor recreation, destroy scenic resources, impact stream flows, exacerbate erosion and pollution, reduce wildlife habitat, and substantially increase traffic in existing residential neighborhoods and along San Pablo Dam Road. Limitations on permissible uses and restrictions on development are established to implement the General Plan. A transfer of development credits program established under Article 15.04.611 will allow property owners in the OS-H District to transfer housing development potential to other parts of the City.

SC Shoreline Conservation District. The SC Shoreline Conservation District provides land for activities that at relate to the shoreline and the natural environment, ensures reasonable economic returns for landowners, and is compatible with shoreline resources and development constraints, including flood and seismic hazards, future sea level rise, and risks associated with extreme tides. More specifically, this districts provides for a mix of public and private open space, parks and recreational uses and associated concessions, agricultural uses, outside resource conservation/buffer areas, including cannabis cultivation and processing, and appropriate low-intensity/low-impact public, cultural, and institutional uses, including utilities, subject to standards to ensure resource protection and conservation of open space. Buildings and facilities must be temporary in nature, built for no more than a 20-year horizon. Small-scale take-out food service and bike (rentals located adjacent to the Bay Trail are conditionally allowed uses.

(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. 06-21 N.S., § II(Exh. A), 4-20-2021)

Table 15.04.206.020 below prescribes the land use regulations for the OS Open Space District and SC Shoreline Conservation. These regulations 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 righthand column refer to other sections of this Ordinance. L1, L2

fic 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 righthand column refer to other sections of this Ordinance. L1, L2

(Ord. No. 01-19 N.S., § II(Exh. A), 1-15-2019; Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A.

If a reasonable use exception is requested pursuant to Section 15.04.206.070 and it is determined that a reasonable accommodation must be provided to enable an economically beneficial use, then:

1.

One single family dwelling unit may be built on each parcel or each 20 acres of a parcel, with normal and appropriate residential accessory uses and structures, including accessory dwelling units as required by state law;

2.

The maximum residential floor area for the principal dwelling unit shall not exceed the amount permitted by Section 15.04.201.030(G) or 4,000 square feet, whichever is less, with additional floor area allowed for accessory dwelling units and accessory structures for home occupations and offices; and

3.

Home occupations and offices are permitted, if they are secondary to residential uses and do not add more than 25 percent to the living area of the dwelling unit, and the occupations are conducted primarily by residents of the home and will not increase materially traffic in the OS-H District or on adjacent streets. The floor area for home occupations and offices shall be counted as part of the residential floor area for purposes of determining compliance with the maximum residential floor area allowed by paragraph (A)(2), above.

4.

Houses built under this subsection shall be designed and constructed as near as reasonably practicable to have substantially the same exterior form and use similar exterior materials as are used for existing houses and public utilities adjacent to the OS-H District, consistent with the General Plan. Exceptions to this requirement may be approved by the Zoning Administrator in order to reduce fire hazards or make reasonable accommodations for individual household's living requirements.

B.

If a parcel is transferred to another person, a residence may not be built on the parcel unless all of the transferable development credits provided for by the OS-H District for the parcel and its acreage are transferred to the parcel transferee. If one or more of the credits are used or transferred to any person, other than a transferee of the parcel, a residence may not be built on the parcel.

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

Table 15.04.206.040 prescribes the development standards for the Open Space Districts. Additional regulations are denoted in a right hand column. Section numbers in this column refer to other sections of the Ordinance. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.206.040: DEVELOPMENT STANDARDS—OPEN SPACE DISTRICTS

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District OS OS-H Lot Size; Building Form and Location

SC

Additional Regulations #

(Ord. No. 01-19 N.S., § II(Exh. A), 1-15-2019; Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A.

Minimum Parcel Size. If a legally created parcel smaller than 20 acres (a "subsize" parcel) is contiguous to another subsize parcel or parcels, or if a subsize parcel is linked to another subsize parcel or parcels by an intervening parcel or parcels, whether subsize or not, the parcels shall be treated pursuant to the General Plan as though they are a single parcel for purposes determining the number of allowable dwelling units, the development envelope, the maximum floor area, the maximum sign area, visibility protection, the award of development credits, and the application of visibility.

B.

Maximum Floor Area. The maximum aggregate floor area for all floors in all buildings on a parcel, except basement and cellar floors, shall not exceed 10,000 square feet. If residences and residential accessory buildings are permitted, they shall not exceed 5,000 square feet of the 10,000 maximum.

1.

With approval of a conditional use permit, the Planning Commission may increase the maximum floor area up to an additional 10,000 square feet, in aggregate, if necessary for agricultural use, processing, packaging, storage, or sale of produce, rearing, boarding, care and use of animals, or recreational facilities including camps and, separately, up to 20,000 square feet for covered riding arenas.

2.

With a conditional use permit, the permissible floor area of a parcel may be transferred to one or more other parcels within the OS-H district if there is no building on the transferor parcel. A transfer of floor area does not increase the 5,000-square foot limit for residences and residential accessory buildings on the transferee parcel. No more than 30,000 square feet of floor area in aggregate may be transferred to a parcel from one or more other parcels. If any floor area is transferred, then no building is permitted on the parcel from which the floor area is transferred, and a development restriction establishing this limitation shall be recorded in the Office of the County Recorder.

C.

Development Envelope. All buildings on a parcel must be located within a contiguous area, as compact as reasonably practicable, not to exceed two acres, except for buildings that the Planning Commission finds necessarily must be located outside that area for agricultural use, processing, packaging, storage or sale of agricultural produce, rearing, care, training or use of animals, government or public utility use, or to protect residents of other parcels from substantial noise, odor or vermin. All of the required findings in Article 15.04.805 also must be made.

D.

Development Easements. Before any building permit is granted, or a development credit or credits based on the parcel used or transferred, other than transferred to a grantee of the parcel, the Zoning Administrator must receive written evidence that an easement, running with the land, has been recorded on the parcel that bars development or use not permitted under the OS-H District. The easement shall be conveyed to

ts. Before any building permit is granted, or a development credit or credits based on the parcel used or transferred, other than transferred to a grantee of the parcel, the Zoning Administrator must receive written evidence that an easement, running with the land, has been recorded on the parcel that bars development or use not permitted under the OS-H District. The easement shall be conveyed to

the City and, if available, jointly to an independent land trust acceptable to the Zoning Administrator. The easement shall convey no possessory interest or liability to the City or the independent land trust, nor confer any right of public access.

E.

Signs. The following specific standards for signs apply in the OS-H District in addition to the standards in Article 15.04.609, Signs. They are intended to ensure that signs are no more numerous, larger, or more noticeable than necessary to provide directions and information about permissible uses.

1.

The total sign area for all permanent, freestanding non-exempt signs shall not exceed ten square feet for each parcel of 20 acres or more and for "subsize" parcels that are not required to be treated as a single parcel pursuant to subsection (A), above.

2.

No individual freestanding sign shall exceed six feet in height.

3.

One wall sign is permitted for each principal non-residential building, excluding accessory buildings and structures, not exceeding six square feet in area and not projecting more than six inches from the building wall. The Planning Commission may approve additional wall signs as part of a Master Sign Program pursuant to Section 15.04.609.170 upon finding that the visual charter of the area is not significantly changed, the additional signs are in harmony with other signs on the sign, and such additional signs are the minimum necessary to identify buildings and uses.

4.

No banners, feather banners, or pennants are allowed as temporary signate in an OS-H District.

F.

Areas of Special Environmental Concern. The following restrictions apply within the OS-H District. In each case, the Zoning Administrator shall make this determination as part of environmental review, pursuant to Section 15.04.803.060. The Zoning Administrator may impose reasonable conditions of approval related to impacts on these areas of special environmental concern in order to achieve the specific purposes of the OS-H district, the general purposes of Article XV, and consistency with the General Plan.

1.

Wetlands: Development on wetlands or use of wetlands for development is not permitted if by itself or in conjunction with other development or use such an action would reduce appreciably the quantity or biological quality of wetlands.

2.

Stream Corridors: Development or use is not permitted if by itself or in conjunction with other development or use it would impair appreciably the quantity or quality of water or of native vegetation in a stream corridor, except for otherwise permissible flood control to protect human safety, or preservation of special status species.

3.

Wildlife: No development or use is permitted that would reduce appreciably the number, prevent the recovery in number, or impair the genetic variability of one or more special status species.

4.

Steep Slopes: No building shall be located, in whole or in part, on a slope of 15 percent or more. No building shall be located on a site that cumulatively has access for more than 25 feet over a slope of 15 percent or more, unless there is no other development site on a parcel. Cultivated agriculture shall not be conducted on a slope of 20 percent or more. No grading shall take place on a slope of 15 percent or more unless necessary to maintain fire roads.

5.

Elevation: No building is permitted above 400-feet elevation unless the parcel involved is entirely above 400 feet.

G.

Visual Safeguards. Structures shall not be located on ridgelines or hilltops, or where they will project into the view of a ridgeline or hilltop from public streets and other publicly-owned land, unless there is no less obtrusive site on the parcel or on a contiguous parcel in legal or de facto common ownership. To the extent practicable, structures shall be located on that part of a parcel that minimizes visibility from roads, trails, and other publicly-owned land. Roads shall be located, to the maximum extent feasible, where they are least visible from publicly-owned land. New utilities shall be installed underground.

H.

Design Standards and Design Review Criteria. All development is subject to design review pursuant to Article 15.04.805. The following criteria shall apply in addition to the design review established in Section 15.04.805.040.

1.

Development shall be subordinate to and blend harmoniously with the natural and open space qualities of the surrounding area where it is located. The alteration of natural topography, vegetation, and other characteristics by grading, excavating, filling or other development activity shall be minimized, and successive padding or terracing of building sites shall be avoided. In all cases, appropriate landscaping, preservation of vegetation, design, and building materials shall be required by the City to reduce as much as practicable the visibility of development.

2.

Signs shall not be more numerous, larger or more noticeable than is necessary to provide directions and information about permissible uses.

3.

Visibility of development from roads, parks and other development shall be subordinate to and blend harmoniously with the natural and open space qualities of the area where located.

I.

Transfer of Development Credits. Under the provisions of Article 15.04.611, Transfer of Development Rights and consistent with the General Plan, the City Council has established a transferable development credit (TDC) program for OS-H District as a "Sending Zone." "Receiving Zones" are listed in Table 15.04.611.040 in Article 15.04.611. This program shall grant one credit to the owner or owners of each parcel, and one credit for each five acres of a parcel more than five acres, unless all remaining permissible residential development has previously been transferred from the parcel. Credits shall not be granted for parcels or acres above 400 feet elevation. Each credit may be used to build one residence in a receiving area, with the consent of the parcel owner there.

1.

TDC-based residences shall be similar in type and size to the residences that exist or otherwise may be built in the zoning district where they are located. Consistent with that similarity and with public health and safety, they do not have to comply with density limitations or other landuse regulations to the extent those regulations would bar or make impracticable their construction. No more than two TDC-based residences may be built on a parcel except as authorized by a specific plan or in a Planned Area District.

2.

Development credits may be sold or otherwise transferred to any person, regardless whether they own property in the OS-H District or the receiving area, including to and by the City and nonprofit entities. If, however, a residence is built on a parcel in the OS-H District, or the right to build vested, the credits based on the parcel or its acreage established by this subsection are then void and shall not be available to be transferred or used.

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A.

Truck Docks, Loading and Service Areas. Truck docks, loading areas, and service areas must be located at the rear or interior sides of buildings and screened so as not to be visible from public streets or residential properties.

B.

Abutting Residential Districts. When a lot abuts a residential zoning district, the setbacks of the abutting district apply.

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A.

This section establishes the procedure for approval or disapproval of Reasonable Use Exceptions for proposed development in the OS-H Hillside Open Space District. Nothing in this section regarding the OS-H Hillside Open Space District is intended to preclude reasonable economic use of property as set forth in Section 15.04.206.030. If the requirements of Section 15.04.206.030 as applied to a specific lot in the OS-H Hillside Open Space District would deny all reasonable economic use of the lot, then development shall be permitted as set forth below if the applicant demonstrates to the satisfaction of the Planning Commission that all of the requirements of this section have been satisfied.

1.

Review Authority. The Planning Commission has the authority under this Article XV to approve, conditionally approve, or deny applications for reasonable use exceptions based on consideration of the requirements of this section.

B.

Application Requirements. Applications for reasonable use exceptions must be filed with the Planning Division on the prescribed application forms in accordance with the procedures in Article 15.04.803 (Common Procedures). An application for a reasonable use exception must include, but is not limited to, the following:

1.

Data or other evidence that conforms to the required findings set forth in Section 15.04.206.070(D) below (Required Findings);

2.

A calculation of the maximum floor area allowed by Section 15.04.206.050(B);

3.

A map showing the location, size, and areas of the parcel that are areas of special environmental concern, as identified Section 15.04.206.050(F);

4.

A map showing the location and areas of the parcel subject to the visual safeguards in Section 15.04.206.050(G);

5.

An analysis of the minimum development necessary to achieve reasonable economic use of the parcel, including a narrative of the factual basis for this determination;

6.

An analysis of whether any other reasonable use than that described in subsection 5 with less impact on the areas of special environmental concern is feasible, meaning capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. This must also include an analysis of whether there is any practicable on-site alternative to the proposed development with less impact, including reduction in density, revision of lot layout and/or related site planning considerations that would allow a reasonable economic use with less adverse impacts to the open space and related buffers and the areas of special environmental concern;

7.

A design of the proposal so that the amount of development proposed as a reasonable economic use will have the least impact practicable on the areas of special environmental concern;

8.

An analysis of the modifications needed to the standards of Sections 15.04.206.040 and 15.04.206.050 to accommodate the proposed development;

9.

A calculation of the number of Development Credits attributable to the subject parcel under Section 15.04.206.050(I), and a description of the efforts the applicant has made to sell, transfer or otherwise utilize such Development Credits pursuant to the provisions in Article 15.04.611; and

Such other information as the Zoning Administrator determines is reasonably necessary for the Planning Commission to evaluate the issue of reasonable economic use as it relates to the proposed development.

C.

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

D.

Required Findings. The Planning Commission may approve an application for a reasonable use exception as it was applied for, or in a modified form as required by conditions of approval, if, on the basis of the application, plans, materials and testimony submitted, the Planning Commission finds that:

1.

There is no other reasonable economic use or feasible alternative to the proposed development with less impact on the open space;

2.

The proposed development does not pose a threat to the public health, safety and welfare on or off the subject parcel;

3.

The alterations that would be permitted to the development standards in Sections 15.04.206.040 and 15.04.206.050 are the minimum necessary to allow for a reasonable use of the property and do to exceed the limitations established in Section 15.04.206.030(A); and

4.

The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividing the property or adjusting a boundary line, thereby creating the undevelopable condition after the effective date of the ordinance codifying this chapter.

E.

Conditions of Approval. When approving a reasonable use exception, the Planning Commission may impose reasonable conditions related to environmental impacts caused by the project application in order to:

1.

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

2.

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

3.

Mitigate potential environmental impacts; and

4.

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

5.

No condition of approval can impose further discretionary review of the project by the Planning Commission.

F.

Decision; Appeals.

1.

Expiration, Extensions and Modifications. A reasonable use exception is effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

Appeals. The Planning Commission's decision may be appealed to the City Council in accord with Section 15.04.803.140 (Appeals).

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)