Article 15.04.306 — SHORELINE OVERLAY DISTRICT

The purpose of the -S Shoreline Overlay District is to implement General Plan policies on shoreline protection and public access. More specifically, this overlay district is intended to ensure that any allowable development of the shoreline and tideland areas will protect water quality, wildlife habitats, and native or naturalized vegetation and, where appropriate, provide public access to and enjoyment of the shoreline.

This overlay district applies to all land within 100 feet of the San Francisco Bay and San Pablo Bay shorelines and to tideland areas, excluding lands that are precluded from public access requirements because of federal regulations on homeland security. It also applies to a public access zone, which extends from the ordinary high water mark on the shoreline to the nearest public highway or arterial street in order to ensure that public access to the shoreline is provided and the San Francisco Bay Trail is completed, as envisioned by the General Plan. These regulations shall be combined with the base zoning district and, in the case of conflicts, the more restrictive provisions apply.

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

All uses and developments subject to an -S Shoreline Overlay District shall obtain a conditional use permit pursuant to Article 15.04.806 (Use Permits).

A.

Habitat Protection. Development shall avoid encroachments into sensitive wildlife habitats to the extent feasible and shall not limit create barriers to wildlife movement which cut off access to food, water or shelter, or cause damage to fisheries or fish habitats. Access to environmentally sensitive marshland and adjacent upland habitat shall be restricted during spawning and nesting seasons, as appropriate.

1.

Buffers. Buffer areas shall be provided between developments and identified as potential wetland areas based on the following criteria: biological (habitat) significance; sensitivity of habitats or particular species; presence of threatened or endangered species; susceptibility of adjacent site to erosion; topography and configuration of wetland areas; and type and scale of development proposed.

a.

Built features (e.g., roads and dikes) may be considered as buffers, depending upon the constraints analysis and criteria noted above.

b.

Buffers between tidal areas and developed uses, except for access and recreation uses, shall be a minimum width of 100 feet from mean highest high water.

Vegetation Removal. Proposed development shall not involve the unnecessary removal of vegetation that stabilizes soils, increases recharge and provides wildlife habitats. Any cleared area shall be revegetated with indigenous species of plants where the Planning Commission determines that revegetation is environmentally desirable.

3.

Freshwater Habitats. Freshwater habitats in the shoreline areas associated with freshwater streams, and seasonal wetlands shall be preserved and/or replaced and expanded such that the habitat values and functions are maintained.

B.

Protection from Hazards. Proposed development shall avoid areas subject to hazards, including differential settlement, slope instability, liquefaction, ground shaking and rupture and other ground failures, and flooding.

C.

Mitigation for Environmental Impacts. The Planning Commission may impose reasonable mitigation measures as conditions of approval of a conditional use permit, based on environmental review and the Zoning Administrator's recommendations after his/her consultation with state, federal, and regional agencies, to eliminate or reduce the adverse environmental impacts of proposed development.

1.

Wetland Protection. Wetland impacts shall be mitigated to maintain habitat values and functions with on-site or off-site restoration.

2.

Filling. Filling of the San Francisco Bay and San Pablo Bay and any areas subject to tidal action shall be permitted only if all of the following conditions are satisfied:

a.

The fill is the minimum necessary to achieve the purpose of the project and no alternative upland location is available for such purpose;

b.

The fill consists of small amounts of earth used solely to improve shoreline appearance or provide new public access to the bay;

c.

Fill content and placement is consistent with recommendations of a soils report prepared by a California-licensed soils engineer stating that no greater risk to persons or property would occur than on inland, stable sites; and

d.

The fill is approved by the Bay Conservation and Development Commission.

3.

Dredging. Dredging of the bottom of San Francisco Bay and San Pablo Bay, including mud flats, tidelands, marshes, and all wetland areas subject to tidal action, shall be permitted only if all of the following conditions are satisfied, as appropriate:

a.

New water surface or marsh is created by removal of bay fill;

b.

Existing navigation channels, basins or areas are maintained;

c.

Drainage or an outfall pipe or similar structure is provided;

d.

The location and depth of dredging minimizes shoaling and the need for maintenance dredging;

e.

An approved plan exists for the disposal of dredge spoils and all subsequent maintenance dredging for the life of the project; and

f.

The dredging is approved by the Bay Conservation and Development Commission.

D.

Site Planning and Structure Design.

1.

Site Planning.

a.

Development shall be sited, designed and undertaken so that it is harmonious with the character of the site and the surrounding environmental setting to the maximum extent feasible. This includes minimizing the area used for vehicle access, providing setbacks from non-disturbance buffers established for habitat protection, providing maximum feasible public access to the shoreline, where appropriate, and completing the San Francisco Bay Trail.

b.

No use, development or alteration shall create uniform and/or terraced building sites that substantially change existing watercourses and mature trees, native shrub or coastal shrub, marshes or primary wildlife habitats.

2.

Structure Design. Buildings, structures, parking lots, and landscaping in shoreline areas shall be oriented and located such that they preserve public views of the Bay from public rights-of-way, parks and other public spaces.

a.

Through design review, building heights may be limited to maintain a low profile. The maximum height of buildings in shoreline areas within 100 feet of the San Francisco Bay and San Pablo Bay shoreline, where the Bay Conservation and Development Commission has permit authority, may be reduced from the maximum set in the base zoning district if the Planning Commission determines that a different maximum height will protect public views from public rights-of-way, parks, and other public space while also allowing for reasonable use of the land.

b.

Visual access to the Bay and scenic vistas of water and distinct shorelines shall be protected, and the Planning Commission may impose reasonable conditions of approval to ensure that this object is met.

c.

To the maximum extent feasible, buildings shall be clustered to allow bay views from streets, trails, pathways, and enable continuous animal movement from uplands to marshes.

E.

Signage. Signage indicating access to public shoreline areas shall conform to San Francisco Bay Conservation and Development Commission Shoreline Signs Public Access Signage Guidelines and the requirements of Article 15.04.609 (Signs).

F.

Allowable Structures. No non-water-related structures are permitted outright within the 100-foot tidal buffer. Water-dependent uses, such as marinas, docking and seaport distribution facilities, boat repair, and other marine services and public facilities, such as paths, benches, picnic tables, and interpretive exhibits, may be allowed with an administrative use permit if the Zoning Administrator determines that the use will not adversely affect public views and it will not cause degradation to water quality or water-related habitat. Underground utilities shall be required for these uses unless such underground installation would have a substantial adverse impact on the environment.

G.

Maintenance of Undeveloped Land. All land that is not developed or altered shall be maintained in a manner that protects, conserves and enhances the natural resources of the site.

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

Approval of conditional use permits for development within the -S Overlay District, including a public access zone as defined in Section 15.04.306.020, shall require guarantees of public access as prescribed by this section, unless access is restricted by Title 6, Chapter 1, Part 27, Sections 27.100 to 27.410 of the Code of Federal Regulations which require implementation of a security program to address homeland security. Nothing in this section shall constitute a waiver of possible historic rights to public use at the site of an access guarantee.

A.

Access Requirements. Prior to any discretionary approval for the following developments, the access provisions required by this section shall be found legally sufficient:

1.

Development on or adjacent to any land shown on the General Plan, the City of Richmond Bicycle Master Plan, South Richmond Transportation Connectivity Study, or a specific plan where a pathway, an accessway, or a trail segment is proposed;

2.

Development on a site on which a lateral accessway extending 25 feet inland from the San Francisco Bay and San Pablo Bay shoreline or to the toe of the bluff would be reachable or potentially reachable by a required vertical or lateral accessway, as determined by the Zoning Administrator. Lateral accessways shall be required where they would be accessible from a vertical accessway on a site that is developed or would be developed with visitor-serving commercial facilities;

3.

A subdivision between the first public road and San Francisco Bay and San Pablo Bay;

4.

A visitor-serving commercial facility between the first public road and San Francisco Bay and San Pablo Bay.

B.

Design of Public Access. Where public access is required pursuant to subsection (A) above, it shall meet the following standards:

1.

Access to and along the shoreline shall be provided by walkways, trails, or other appropriate means and connect to the nearest public thoroughfare where convenient parking or public transportation may be available. Shoreline trails shall be a minimum five feet in width. Multiuse paths and bicycle paths shall meet Class I bikeway standards as established by the Director of Engineering and Capital Improvement Projects.

2.

The distance between public shoreline access points shall be no more than 250 feet wherever feasible. Access points include tidal stairs, ramps, piers, floating docks, beach access, waterfront parks, and paths to marsh or tidal flats.

3.

Public shoreline access trails and paths shall be set back a minimum of 10 feet from any structure.

4.

Where the San Francisco Bay Trail is present or planned, existing or planned Bay Trail location shall be the primary design element of shoreline access, and the Bay Trail shall be constructed following the San Francisco Bay Trail Design Guidelines and Toolkit and the Public Access Design Guidelines for the San Francisco Bay and San Pablo Bay, published by the Bay Conservation and Development Commission.

5.

Where appropriate, raised boardwalks and meandering paths may be required to minimize or prevent adverse effects on wildlife, including habitat fragmentation and vegetation trampling.

Figure 15.04.306.050-B: Public Access to Shoreline

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C.

Design of Staging Areas.

1.

Public access staging areas shall incorporate the following design features, as appropriate:

a.

Site furnishings, including restrooms, drinking fountains, benches, low walls or balustrades, trash receptacles, and low-level lighting.

b.

Signage with interpretive historical, cultural, and natural information.

c.

Enhanced crosswalks on public rights-of-way that lead directly to public shoreline access.

2.

Fences, planting, grade changes, and signage may be used to separate public areas from private development.

D.

Legal Instruments Required. Prior to approval of a final subdivision map or issuance of an administrative use permit or a conditional use permit, the applicant for development on a site on which access is required shall record one or a combination of the following documents as specified in the conditions of approval or shall pay an in-lieu fee.

1.

Offer of Dedication. The applicant shall submit a preliminary title report and shall record an irrevocable offer to improve and to dedicate the required accessway to the City as an easement or fee interest free of prior liens and encumbrances. The offer shall be valid for 20 years. Institutions or individuals holding an encumbrance on the property shall execute agreements subordinating their claims to the offer. Title insurance may be required when deemed necessary by the Zoning Administrator to ensure that the offer is an enforceable option.

2.

Outright Grant of Fee Interest or Easement. If the City is willing to accept the offer made in paragraph (D)(1) of this section, a grant of an easement or fee title shall be required.

3.

Deed Restrictions. Deed restrictions specifying accessway maintenance, improvements, and conditions of public use may be recorded in lieu of an offer of dedication.

4.

Offer to Sell at Appraised Value. Where a designated accessway on a single parcel requires parking or other land area in addition to land required for vertical and lateral accessways and the excess land required consists of more than two percent of the total remaining parcel area

between the first public road and the bay, only the land required for vertical and lateral accessways shall be required to be improved and offered for dedication without financial consideration. The designated remaining land area shall be offered at the appraised value as of the date of approval of the permit with the offer to remain open for 20 years, at interest equal to the prevailing mortgage rate for similarly situated land.

5.

In-Lieu Fee Payments Required. As a condition of approval of a final subdivision map, zoning compliance certificate or use permit on a parcel between the first public road and the Bay, or in a subdivision containing lots between the first public road and the Bay where no access is feasible, an in-lieu fee shall be paid. The amount to be paid shall be determined by a schedule adopted by the City Council by resolution. In-lieu fees shall be paid to a Richmond Coastal Access Fund to be used for a specific public project identified in a Richmond Shoreline Access Program, should such a program be adopted by City Council subsequent to the passage of the ordinance codified in Article XV establishing this provision. Fees collected shall be committed within five years after payment thereof.

SERIES 400 - FORM-BASED CODE ZONING DISTRICTS[[3]]

Footnotes:

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Editor's note— Ord. No. 04-23 N.S., § I(Exh. A), adopted April. 18, 2018, enacted a new Series 400 "Form-Based Zoning Districts" to read as set out herein.