Article 15.04.406 — GENERAL TO LARGE SITES

The purpose of this Article is to generate a walkable environment through the establishment of new blocks and thoroughfares and to provide a set of civic space types and their associated standards to use within the transect zones.

The standards established in this Article shall apply to all proposed development within the transect zones exceeding two acres in total area and under common ownership as follows in Table 15.04.406.010.A (Applicability of Standards), and shall be considered in combination with the standards found within Article 15.04.402 (Transect Zones), Article 15.04.403 (Building Types), and Article 15.04.404 (Frontage Types).

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

Design Sites may be used as an alternative to subdivision for large lots to demonstrate how the lot could be divided into multiple smaller lots that are not required to be recorded as new parcels. Each design site must satisfy dimensional standards, as well as all other standards in the appropriate Transect Zone; see Article 15.04.402 (Transect Zones). Standards may not be satisfied for one Design Site on adjacent Design Sites. The diagram in this Section illustrates how a large site could be divided using Design Sites.

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Example of Multiple Design Sites on an Existing Parcel

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

A.

Thoroughfares. Thoroughfares define the public streets that refine pedestrian sheds into walkable environments. Care should be taken in the layout and sizing of thoroughfares, as wide thoroughfares and a lack of connectivity reduce the pedestrian friendliness of the area.

1.

Design.

a.

Thoroughfares that pass from one transect zone to another shall adjust their cross section design to match the character of the transect zone. For example, while a thoroughfare within an urban transect zone with retail shops may have wide sidewalks with trees in tree grates, it may transition to a narrower sidewalk with a planting strip within a less urban transect zone with various residential building types.

b.

The thoroughfare network shall be mapped on a regulating plan and shall indicate the layout of thoroughfares and the block network according to standards in Subsection 15.04.406.030.B.

c.

Thoroughfares shall terminate on/connect to other thoroughfares. Thoroughfares shall not terminate on alleys and lanes.

External Connectivity.

a.

The arrangement of thoroughfares in a development shall provide for the alignment and continuation of existing or proposed thoroughfares into adjoining lands in those cases in which the adjoining lands are undeveloped and intended for future development or in which the adjoining lands are developed and include opportunities for such connections.

b.

Thoroughfare rights-of-way shall be extended to or along adjoining property boundaries such that a thoroughfare connection or stub shall be provided for development:

(1)

Consistent with the minimum block length as defined in Subsection 15.04.406.030.B;

(2)

Consistent with required connections indicated in Figure 15.04.406.030.A.

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3.

Dead-End Streets and Cul-de-Sacs. Dead-end streets and cul-de-sacs shall not be included in plans. Cul-de-sacs may be approved by the Director to accommodate a site specific environmental feature requiring protection and/or preservation only. Cul-de-sacs approved by the Director shall meet the following standards:

a.

Permanent dead-end streets shall be no longer than 300 feet and shall be provided with a cul-de-sac;

b.

Temporary dead-end streets shall be provided with a temporary turnaround area which shall be designed considering traffic usage, maintenance, and removal;

c.

Cul-de-sacs shall have a minimum right-of-way radius of 50 feet and a paved circular area with a minimum radius of 40 feet;

d.

Cul-de-sacs shall contain a central planted median; and

e.

Whenever cul-de-sac thoroughfares are created, at least one pedestrian access easement shall be provided, to the extent practicable, between each cul-de-sac head or street turnaround and the sidewalk system of the closest adjacent street or pedestrian pathway. The access easement shall be direct with a minimum width of 12 feet.

B.

Block Size.

Individual block faces and the total block perimeter shall follow the standards established in Table 15.04.406.030.A (Block Size) below. If a block contains multiple transect zones, the most intense transect zone shall be used to establish the standards for block size.

2.

Blocks should be a minimum width, such that two tiers of developable lots are provided.

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

A.

The standards established in this Article provide the transect zones with a diverse palette of parks and other publicly accessible civic spaces, publicly or privately owned, that are essential components of walkable urban environments.

B.

There are multiple civic space types defined in Table 15.04.406.040.A (Civic Space Type Standards). Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other types or may stand alone.

C.

In Table 15.04.406.040.A (Civic Space Type Standards), the illustration and description of each civic space type are illustrative in nature and not regulatory.

D.

The service area, size, frontage and disposition of elements standards of each civic space type are regulatory.

1.

Service Area. Describes how the civic space relates to the City as a whole and the area that will be served by the civic space.

2.

Size. The overall range of allowed sizes of the civic space.

3.

Frontage. The relationship along property lines of a civic space to adjacent buildings or lots.

a.

The front of the lots attached to or across a thoroughfare from a civic space should face on to the civic space to the maximum extent possible.

b.

Building. Lots that are attached to or across a thoroughfare from a civic space listed as having a "Building" frontage shall have the front of the lot facing on to the civic space for a minimum of three quarters of the civic space perimeter.

c.

Independent. Lots that are attached to or across a thoroughfare from a civic space listed as having an "Independent" frontage may have the front, side street, or rear of the lot facing on to the civic space.

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4.

Disposition of Elements. The placement of objects within the civic space.

a.

Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements.

b.

Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns.

c.

Informal. Civic spaces with an informal character have a mix of formal and natural characteristics.

E.

Typical Facilities. A list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed. Facilities larger than the indicated gross square footage (gsf) require review and approval by the Director and Parks Director.

F.

The civic spaces specified in Table 15.04.406.040.A (Civic Space Type Standards) are allowed By Right or By Review in the designated transect zones. Civic Space allowed By Review are allowed if approved by the Director and Parks Director.

G.

Civic spaces shall not be fenced or enclosed and shall have at least one edge open to a street or right-of-way. Edges not abutting a street or right-of-way shall be defined by building frontage consistent with the standard for "BTL Defined by a Building, Front" in applicable zones in 15.04.402 (Transect Zones).

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

A.

A mix of building types introduces variety into the character of neighborhoods. Blocks shall provide a diversity of residential and mixed-use building types in a manner that fulfills the intent of each transect zone as described in Article 15.04.402 (Transect Zones) and the following formulas below. In the event that blocks are composed of more than one transect zone, the minimum mixing requirement of the most intense transect zone shall apply across the block.

B.

T4 Neighborhood. Blocks within the T4N Transect Zones are intended to provide a mix of detached house, duplex and multi-unit types. See Section 15.04.402.020 (T4 Neighborhood) for the allowed building types in T4N.

1.

Blocks within the T4N Transect Zones shall provide a minimum of two distinct building types per block.

2.

No more than 50 percent of the residential units on a block shall be located within Detached House, Cottage, or Duplex building types.

C.

T4 Main Street, T5 Neighborhood, and T5 Main Street. Blocks within the T4MS, T5N, or T5MS Transect Zone are intended to provide the greatest diversity of building types. See Section 15.04.402.030 (T4 Main Street), Section 15.04.402.040 (T5 Neighborhood) and Section 15.04.402.050 (T5 Main Street) for the allowed building types in T4MS, T5N, and T5MS.

1.

Blocks within the T4MS, T5N, or T5MS Transect Zones shall provide a minimum of three distinct building types per block.

2.

No more than 50% of the residential units on a block shall be located within Detached House, Cottage, or Duplex building types.

D.

T5 Core. Blocks within the T5C Transect Zone are intended to be composed of attached building types and shall have no minimum mixing requirement. See Section 15.04.402.060 (T5 Core) for the allowed building types in T5C.

T4N: Sample Building Type Mix

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

A.

Street design of narrow streets and compact intersections requires designers to pay close attention to the operational needs of transit, fire and rescue, waste collection and delivery trucks. For this reason, early coordination with transit, fire and rescue, waste collection and other stakeholder groups is essential.

B.

More regular encroachment of turning vehicles into opposing lanes will occur at compact intersections. Therefore, frequency of access, traffic volumes and the speeds on intersecting streets at those intersections shall be considered when designing intersections. For fire and rescue, determination of the importance of that street for community access should be determined, e.g. primary or secondary access.

C.

The designer should use turning templates or software to evaluate intersections to ensure that adequate operation of vehicles can occur. Location of on-street parking around intersections should be evaluated during this analysis to identify potential conflicts between turning vehicles and on-street parking. Bike lanes and on-street parking will increase the effective curb return radius, when curb extensions are not employed, by providing more room for the wheel tracking of turning vehicles.

D.

Roundabouts should be considered as an alternative to traffic signals. Roundabouts can provide reduced vehicle speeds, reduced conflict points, separation of vehicle-vehicle conflict points from vehicle-pedestrian conflict points, and provide a two-step crossing for pedestrians. At multi-lane roundabouts, benefits for bicyclists and pedestrians are greatly diminished due to multiple-threat scenarios and bicycle weaving and additional considerations are necessary, including installing a traffic signal or pedestrian hybrid beacons at crosswalks." Roundabouts: An Informational Guide (FHWA) continues to provide the current best practice guidance on roundabout design, including bicycle and pedestrian accommodation.

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

A.

Directional Curb Ramps. Perpendicular corner curb ramps with a separate ramp installed in each direction shall be used where feasible instead of single, diagonal corner ramps.

B.

Crosswalks. Crosswalks shall be designed per the Crosswalk Policy in the Pedestrian Plan.

C.

Medians. Medians, where provided, shall provide a median refuge at the intersection designed per the standards in the diagram below.

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D.

Mid-block crossings, where provided, shall have mid-block curb extensions per the standards in the diagram below.

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E.

On thoroughfares with medians, provided mid-block crossings between the median and curbs shall be offset from one another per the diagram below.

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

15.04.406.080 - Reserved. 15.04.406.090 - Bicycle Facilities.

A.

Bicycle Master Plan and Pedestrian Plan.

1.

Thoroughfares shall be designed to support the goals, policies, and recommendations within the Bicycle Master Plan and Pedestrian Plan.

2.

The Bicycle Network. Bicycle facilities shall be located per the proposed bicycle network in the Bicycle Master Plan.

3.

Should a conflict arise between the standards in this Article and the Bicycle Master Plan or Pedestrian Plan, the standards in this Article shall take precedence unless the Director determines otherwise.

B.

WCCTAC Transit Wayfinding Plan. Bicycle and pedestrian wayfinding shall be implemented per the WCCTAC Wayfinding Signage Program.

C.

Predefined thoroughfare assemblies found in Section 15.04.406.100 (Thoroughfare Assemblies) are allowed By Right.

D.

Thoroughfares that do not meet the standards in items A, B or C above are not allowed in any transect zones.

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

15.04.406.100 - Thoroughfare Assemblies.

A.

This Section provides thoroughfare assemblies that have been approved by the City for use in transect zones.

B.

The tables in this Section are added into the City of Richmond Standard Plans.

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Table 15.04.406.100.A: Thoroughfare Assemblies

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Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly CS-60-36

Pavement Width

36'

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Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly CS-72-48-BL

Ridght-of-Way (ROW) Width 72' Pavement Width 48'

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Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Right-of-Way (ROW) Width 60' Pavement Width 32'

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Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly ST-60-36

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly ST-72-48-BL Application

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly ST-40-28

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly RL-20-14

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly RA-24-21

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly PS-20-20

Application

Table 15.04.406.100.A: Thoroughfare Assemblies (continued)

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Thoroughfare Assembly PS-20-30

Application

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

SERIES 500 - SPECIFIC PLANS ARTICLE 15.04.501 - GENERAL PROVISIONS

Specific plans are regulatory documents established by the City to carry out specific purposes, as authorized by the Government Code, for specific geographic areas shown on the Zoning Map. They are governed by a set of regulations, which address specific subjects, such as land use, physical development, community design, transportation and public improvements, or impose requirements for detailed master plans that may be applicable in sub-areas within the specific plan area. The provisions of a specific plan may be combined with provisions of base or overlay zoning districts for the area to which the specific plan applies and the more restrictive provisions will govern. Specific plan provisions also may be substituted for citywide provisions included in the Zoning Regulations or Subdivision Regulations, as more specifically specified in the specific plan.

A.

A specific plan shall be prepared, adopted, amended, and repealed as specified in Article 15.04.813 of this Code, except that a specific plan shall be adopted by resolution and may be amended as often as deemed necessary by the City Council.

The Planning Commission in recommending, and the City Council in adopting a specific plan, must make all of the following findings:

A.

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

B.

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

C.

The proposed specific plan retains the internal consistency of the General Plan and is consistent with other adopted plans, unless concurrent amendments to those plans are also proposed and will result in consistency.

D.

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

15.04.501.040 - Post-Approval Administration.

A.

Specific plan areas shall be designated on the Zoning Map by number (SP-#) with a reference to the adopting resolution.

B.

A specific plan adopted by resolution of the City Council shall be administered as prescribed by the Council, consistent with the Government Code Section 65450-65457.

SERIES 600 - GENERAL STANDARDS

ARTICLE 15.04.601 - GENERAL SITE REGULATIONS

A.

Applicability. The following standards shall apply to all detached buildings and structures that are clearly incidental or subordinate to the main building on the same lot. Typical structures include garages, garden sheds, gazebos, greenhouses, pergolas, storage shelters, dish antennas, pay telephone, and covered patios. Accessory dwelling units and junior accessory dwelling units are regulated by Section 15.04.610.020; solar installations are regulated by Section 15.04.601.120. Accessory uses are regulated by Section 15.04.610.040.

B.

Height. In residential districts, the maximum allowable height for accessory structures shall be 14 feet. In mixed use, commercial and industrial districts, the maximum allowable height for accessory structures shall not exceed the building height allowed in the base district unless a lower height is set in the base district regulations for such structures.

C.

Location and Setbacks.

1.

The accessory structure may be located anywhere on a lot except within a required front or street side setback with the following exceptions:

a.

Accessory structures not occupied by an accessory dwelling unit may be built to the side or rear lot line provided that no portion of such structure exceeds 9½ feet in height within the required yard setback for the property.

2.

An accessory structure shall be no closer than five feet to a main building or less than five feet from any public right-of-way and property line. The width of accessory structures shall not exceed 80 percent of the average width of the rear yard. Accessory structures, such as covered patios, gazebos, or pergolas, that are open on three sides, may encroach into a required rear yard as long as such encroachment does not exceed 50 percent of the area of the required rear yard setback.

D.

Operational Limits. In Residential districts, accessory structures:

1.

Shall, where the rear yard abuts the side yard on an adjacent parcel, observe a rear yard setback equal to the side yard setback required on the adjacent lot;

When located on a corner lot, shall not project into the required street side yard or its extension to the rear lot line.

3.

When located on a lot having a slope of 25 percent or more, an accessory structure may be located in the required front yard, provided every portion is located at least five feet from the front line, and the distance between it and the main building may be reduced to zero; if such lot slopes upward from the street, the accessory structure may encroach upon one side yard if the rear of its roof is at or below the natural ground level.

4.

Shall not exceed 75 percent of the floor area of the main building, including an accessory dwelling unit.

E.

Discontinuance of Use—Pay Telephones. All equipment and improvements associated with an abandoned pay telephone communications facility located on an exterior wall visible from a public right-of-way shall be removed within 90 days of the discontinuation of the use and the building wall to which it was attached shall be restored to its original, pre-installation condition, or as approved by the Zoning Administrator. Written verification of the removal of a pay telephone on private property shall be provided to the Zoning Administrator within 90 days of the discontinuation of the use.

1.

If the provider fails to remove the pay telephone from the site as required herein, the property owner shall be responsible for removal. If such facilities are not removed and are visible from a public right-of-way, the pay telephone shall be deemed to be a public nuisance and the City may take such action as it deems appropriate to abate the public nuisance in accordance with this Code and any other applicable provision of law.

2.

Failure to inform the Zoning Administrator of cessation of operations of any existing pay telephone shall constitute a violation of the Zoning Ordinance.

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

Building projections may extend into required yards, according to the standards of Table 15.04.601.020, Allowed Building Projections into Yards. The "Limitations" column states any dimensional, area, or other limitations that apply to such structures when they project into required yards.

In addition, in R districts, the main residential building may project into a required rear yard up to, but not within, 10 feet of the rear lot line, provided that the maximum lot coverage and minimum required open space standards are met. This building projection shall not encroach into a required side yard, nor shall it be wider than 50 percent of the average lot width in the rear half of the lot.

Figure 15.04.601.020: Allowed Building Projections

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

15.04.601.030 - Development on Lots Divided by District Boundaries.

A.

General. Where a lot is divided by a zoning district boundary, the regulations applicable to each district shall be applied to the area within the district, and no use, other than parking serving a principal use on the site, can be located in a district in which it is not a permitted or conditionally permitted use.

B.

Access. All access to parking serving a use must be from a street abutting that portion of the lot where the use is allowed. Pedestrian or vehicular access from a street to a non-residential use cannot traverse an R District in which the non-residential use is not permitted or conditionally permitted.

C.

Minimum Lot Area and Width. The minimum lot area and width requirements of the zoning district that covers the greatest portion of the lot area will apply to the entire lot. If the lot area is divided equally between two or more zones, the requirements of the district with greater minimum lot area, width, or frontage shall apply to the entire lot.

D.

Exceptions. If more than 60 percent of a lot is located in one zoning district, modifications to the provisions of this Section may be granted through Planning Commission approval of a conditional use permit.

Any lot or parcel of land that was legally created through a recorded deed may be used as a building site even when consisting of less area, width, or depth than that required by the regulations for the zoning district in which it is located. However, no substandard lot can be further reduced in area, width, or depth, unless such reduction is required as part of a public improvement.

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

The standards of this Section apply to all new development and to all existing structures. The structures listed in Table 15.04.601.050 below may exceed the maximum permitted building height for the zoning district in which they are located, subject to the limitations stated in the Table and further provided that no portion of a structure in excess of the building height limit may be used for sleeping quarters or advertising. Projections not listed in Table 15.04.601.050 and projections in excess of those listed in Table 15.04.601.050 may be allowed with a conditional use permit.

A.

Permits Required. All fences require Zoning Conformance approval by the Zoning Administrator. Any fence over six feet in height requires a building permit.

B.

Maintenance. Fencing shall be continuously maintained, with no sign of rust or disrepair.

C.

Fencing Location.

1.

Fence Location on a Lot. Fences may be erected, placed or maintained along or adjacent to a lot line or within a yard. A fence located on a lot line shall be considered as being within the yard adjacent to that lot line. The fence owner shall be responsible for properly locating all lot lines

before construction of any fence.

2.

Fence Encroachment onto Public Property. No portion of any fence, including gate doors, shall encroach upon or project into any public rightof-way or other public property without the fence owner first obtaining from the City an encroachment permit.

3.

Prohibited Fence Locations. No person shall place, construct, maintain, or cause to be placed any fence that may endanger the public safety, including but not limited to the following:

a.

Fire Hydrant Access. No fence shall obstruct free access to any fire hydrant.

b.

Sight Triangle. No fence that is a visual obstruction may be constructed or maintained within the sight triangle (see Section 15.04.601.160). A fence shall be deemed to be a visual obstruction if any part of it over 42 inches high has opacity in excess of 50 percent.

D.

Maximum Fencing Height in Residential Zone Districts. Fence height in Residential zoning districts shall be limited by its location as specified below in Table 15.04.601.060-D.

E.

Fence Design in Residential Zoning Districts. Fences in Residential zoning districts shall be constructed, designed and maintained as follows:

1.

Permitted Materials. Fences shall be constructed of wood, metal, polyvinyl chloride (PVC), masonry or other permanent materials designed for permanent fencing. No more than two types of related fencing materials shall be used in any fence or wall. Fences constructed of wood shall have posts in contact with ground of preservative-treated wood conforming to ASTM D1760 treated with waterborne preservatives to a minimum retention of 6.4 kilograms per cubic meter (0.40 pounds per cubic feet) and components not in contact with the ground treated with waterborne preservatives to a minimum retention of 4.0 kilograms per cubic meter (0.25 pounds per cubic feet) or shall be of heartwood of a decay-resistant species such as redwood or cedar. For non-residential uses in residential zoning districts, a chain-link (nonmetallic finish) fence with vinyl slats may be used if deemed acceptable and appropriate through design review.

2.

Hazardous and Prohibited Materials. Fences shall not incorporate electrically charged wire, barbed wire and razor wire, chain link (with or without slats or vinyl or other coatings), unfinished plywood or similar unfinished materials, woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fencing.

Posts and Supporting Members. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence shall be facing the adjacent lot or public right-of-way.

4.

Painting and Staining. All wood fences shall be painted or stained, except when constructed of the heartwood of a decay-resistant species such as redwood or cedar. All ferrous metal fences, except hot-dipped galvanized steel shall be painted with a three-coat system consisting of a corrosion-resistant primer and two finish coats, with preparation and application as recommended by the manufacturer. All other metal fences, including aluminum hot-dipped galvanized steel, shall be painted with at least a two-coat system intended for that purpose.

5.

Gates.

a.

Gates with locks that are routinely locked shall be equipped with a doorbell device capable of notifying the occupants within the residential structure or a telephone number that can be used to notify the occupants.

b.

Entry features over front yard gates (e.g., open latticed arbors and trellises), not exceeding eight feet in height, three feet in depth or five feet in width are allowed when located within the required front yard but outside the sight triangle.

c.

When a rear yard abuts an alley, the alley facing side of a solid fence shall be clearly labeled with the house address number.

F.

Fence Design in Mixed Use, Commercial and Industrial Districts.

1.

Solid Fencing. Any activity may have a solid fence. All outside storage/maintenance areas are required to be screened from public streets by a painted, view-obscuring wood board fence or masonry wall. The following specifications for low solid screen, high solid screen and/or solid screen fencing shall also apply.

a.

Low Solid Screen. A fence or wall three to four feet high and fully sight-obscuring is permitted. It may be painted, view-obscuring wood board fence or masonry wall of uniform material and must be designed and constructed to withstand a 15 pound-per-square foot wind load and deterioration resulting from contact with soil, vermin and weathering.

b.

High Solid Screen. A screening source or wall six to eight feet high and sight-obscuring is permitted. It may be painted, view-obscuring wood board fence or masonry wall of uniform material and must be designed and constructed to withstand a 15 pound-per-square foot wind load and deterioration resulting from contact with soil, vermin and weathering. This screening wall may also be a masonry wall with lattice work resulting from an open brick pattern or use of open masonry blocks.

c.

Wire Fence with Planting. Wire fences with dark colored, durable, matte finishes (both wire and posts) and vinyl slats are permitted if fast growing trees, hedge plants, upright shrubs or evergreen vines are planted alongside and used in combination with green growing ground cover or low hedge landscaping.

d.

Solid Wall. A wall 6 to 8 feet high and fully sight-obscuring is permitted. The wall may be masonry, brick, concrete or exposed aggregate; it must be designed and constructed to withstand a 15 pound-per-square foot wind load and deterioration resulting from contact with soil, vermin and weathering. Masonry walls shall include split-face or other decorative treatment.

2.

Open or Semi-Open Fencing. A chain-link (nonmetallic finish) fence with or without vinyl slats may be used if a solid fence is not required. No fence or wall that adjoins a residential lot or residential zoning district or fronts on a public street or highway shall incorporate barbed wire or

other sharp, protruding objects.

G.

Exceptions to Residential Fence Height Regulations. The Zoning Administrator may grant an exception to the front yard fence height requirements imposed by this Section. Such exception shall be made only after public noticing of the proposed fence adjustment to side yard abutting property owners, the completion of a site visit, and administrative design review pursuant to Article 15.04.805 if he/she makes all of the following findings:

1.

The proposed fence will not create or exacerbate a public safety hazard;

2.

The proposed fence is of design, materials, scale and color that are compatible and harmonious with the subject site, site improvements and other properties within the immediate vicinity; and

3.

Front yard fencing that prohibits access to the home shall be equipped with a doorbell device.

H.

Exceptions to Mixed Use, Commercial and Industrial Fence Height Regulations. The Design Review Board or Planning Commission may grant an exception to the fence height requirements imposed by this Section. Such exception shall be made only after a public hearing, and subject to major design review or a conditional use permit pursuant to Article 15.04.805 or Article 15.04.806 making all of the following findings:

1.

The proposed fence will not create or exacerbate a public safety hazard; and

2.

The proposed fence is of design, materials, scale and color that are compatible and harmonious with the subject site, site improvements and other properties within the immediate vicinity.

I.

Nonconforming Fences.

1.

Existing Nonconforming Fences Deemed Approved. Existing nonconforming fences existing prior to the date of adoption of the ordinance codified in this Section shall be deemed approved unless they are one of the types of fences listed in Subsection 2, below. The deemed approved status shall continue until the property owner requests approval of new construction, of a structural alteration, of an addition that requires discretionary review, or the property is sold, at which point, the fence shall be modified to conform to the standards for fences in this Section or be removed.

2.

Other Nonconforming Fences. The following fences do not qualify as deemed approved and must be modified or removed.

a.

Front yard fencing over 6 feet in height;

b.

Front yard fencing which is solid (in excess of 50 percent opacity) over 4' in height;

c.

Any portion of fencing in the sight triangle established by Section 15.04.601.170 that is over 3' 6" high with an opacity of more than 20 percent; and

d.

Any dilapidated fencing or fencing constructed of materials or components not allowed by this Section.

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

Open storage of goods, materials, machines, equipment, and vehicles or parts outside of a building for more than 24 hours must conform to the standards of this Section. The regulations of this Section do not apply to processing equipment, tanks, or other equipment fixed to the ground, to temporary storage of construction materials reasonably required for construction work on the premises pursuant to a valid building permit, and to agricultural/farming equipment used for agriculture or farming on the property.

A.

Permitted Locations. Table 15.04.601.070-A states where outdoor storage is permitted.

B.

Screening and Setbacks. Storage areas visible from public streets that are not separated from the street by intervening building(s) must be screened.

1.

Screening Walls. Screening walls and fences must be high enough to sufficiently screen stored material. Fences and walls must not exceed the maximum allowable fence heights unless allowed pursuant to administrative use permit approval.

2.

Setback. A setback must be provided for outdoor stored material at the ratio of 1:1 from all lot lines equal to the total height of stored material above required screen wall.

C.

Storage Containers. See Section 15.04.610.400 (Storage Containers).

Figure 15.04.601.070-C: Screening and Setbacks—Outdoor Storage

==> picture [163 x 108] intentionally omitted <==

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

Each person, company or corporation residing in and/or using a property in the City of Richmond shall, at all times, maintain such property in good order. This shall include a litter management program and repair and maintenance of all structures, fences, signs, walks, driveways, paving, striping, lawns, landscaping, painting, etc., as may be necessary to preserve a quality environment.

This Section establishes design and locational criteria for the construction of refuse, solid waste, recycling, and green waste container storage areas. Refuse, solid waste, recycling, and green waste are collectively referred to as "solid waste and recycling."

A.

General Requirements and Alternatives. All trash, garbage, green waste, and recycling materials must be placed in an appropriate receptacle. All garbage cans, mobile trash bins, and receptacles must be maintained and stored in accord with this Section.

1.

Applicability. Solid waste and recycling-container enclosures are required for new dwelling groups of three or more dwelling units and for all new non-residential development and additions and remodels of non-residential buildings.

2.

Alternatives. Projects with 10 or fewer residential units may have individual solid waste and recycling containers for each unit, provided that there is a designated screened location for each individual container adjacent to the dwelling unit or within garage areas and provided that solid waste and recycling containers for each unit are brought to the curbside for regular collection.

B.

Size. Solid waste and recycling-container enclosures must be sized to accommodate all trash, garbage, recyclables, and green waste until such items are picked up by the City or its contracted solid waste and recycling collector(s).

C.

Location and Orientation. All solid waste and recycling-container enclosures must meet the following requirements, unless the Zoning Administrator determines that compliance is infeasible. A Building Permit shall not be issued for a project until documentation of approval of the location is provided by the Zoning Administrator.

1.

Location. The solid waste and recycling storage area shall not be located within any required front yard, street side yard, any required parking and landscaped areas, or any other area that is required to be constructed or maintained unencumbered.

2.

Visibility. The solid waste and recycling enclosure cannot be visible from a public right-of-way.

3.

Consolidation and Distance for Buildings Served. Solid waste and recycling areas must be consolidated to minimize the number of collection sites and located so as to reasonably equalize the distance from the building spaces they serve. For multi-unit residential projects, there must be at least one trash enclosure per 20 units, and the enclosure must be located within 100 feet of the residential units.

4.

Accessibility. Solid waste and recycling storage areas must be accessible so that trucks and equipment used by the contracted solid waste and recycling collector(s) have sufficient maneuvering areas and, if feasible, so that the collection equipment can avoid backing up.

D.

Materials, Construction, and Design.

1.

Minimum Height of Screening. Solid waste and recycling storage areas located outside or on the exterior of any building must be screened with a solid enclosure at least six feet high and include a roof structure.

Enclosure Material. Enclosure material must be wood, solid masonry, or concrete tilt-up with decorated exterior-surface finish. The trash enclosure must match and complement the color scheme and architecture of the building.

3.

Gate Material. Latching, view-obscuring gates must be provided to screen trash enclosure openings.

4.

Access to Enclosure from Residential Projects. Each solid waste and recycling enclosure serving a residential project must be designed to allow disposal to the appropriate receptacle without having to open the main enclosure gate.

5.

Enclosure Pad. Pads must be a minimum of four-inch-thick concrete.

6.

Bumpers. Bumpers must be two inches by six inches thick and made of concrete, steel, or other suitable material, and must be anchored to the concrete pad.

7.

Protection for Enclosures. Concrete curbs or the equivalent must protect enclosures from adjacent vehicle parking and travel ways.

8.

Clear Zone. The area in front of and surrounding all enclosure types must be kept clear of obstructions, and must be painted, striped, and marked "No Parking."

9.

Drainage. The floor of the enclosure must have a drain that connects to the sanitary sewer system.

10.

Travelways and Area in Front of Enclosure. The travelways and area in front of the enclosure must be designed to have an adequate engineered base meeting the City's Building Code for the likely truck use and capable of supporting a maximum fully-loaded gross vehicle weight of at least 62,000 pounds. The minimum pavement engineering standard shall be 100 pounds per square foot "live load" unless the applicant can present a report from a California-registered civil engineer justifying a different design load factor.

Screening and landscaped buffer yards must be provided in accordance with this Section at the time of new construction or expansion of buildings, or a change from one use classification to another non-residential use classification. Screening and buffer yards must be installed and maintained along interior side and rear lot lines between differing land uses.

A.

Required Screening and Landscape Buffer Yards. Table 15.04.601.100-A, Required Screening and Landscape Buffers, shows when a buffer and screening treatment is required, and of what type, based on the proposed and the adjoining use. Only the proposed use is required to provide the screening and buffer yard. Adjoining uses are not required to provide the screening and buffer yard. The type of screening buffer yard required refers to screening and buffer yard-type designations, as shown in Table 15.04.601.100-B, Screening and Buffer Yard Requirements. "- " means that screening and a buffer yard are not required.

B.

Screening and Buffer Types. Table 15.04.601.100-B, Screening and Buffer Type Requirements, describes the minimum width, plant materials, and wall requirements for each type of screening and buffer yard. The listed number of trees and shrubs are required for each 100 lineal feet of buffer yard. Trees must be planted at no more than 40 feet from center of tree to center of tree; see Figure 15.04.601.100-B. Natural areas with native vegetation or alternative planting materials that achieve equivalent buffering effects may be approved by the Zoning Administrator.

Figure 15.04.601.100-B: Tree Spacing

==> picture [217 x 82] intentionally omitted <==

==> picture [218 x 111] intentionally omitted <==

C.

Width Reduction for Adjacent Landscaped Buffer. If an equivalent landscape buffer exists on the adjacent lot, the width of the required buffer may be reduced 50 percent provided that the abutting property owners have provided and recorded a written agreement restricting the use of the adjacent landscape buffer.

D.

Location. Screening walls and buffer yards must follow the lot line of the lot to be screened or be so arranged within the boundaries of the lot so as to substantially hide from adjoining lots, the building, facility, or activity required to be screened. Openings in screening walls are allowed for pedestrian access.

E.

Screening Wall Materials. Industrial uses must provide a solid screening wall of stucco, decorative block, or concrete panel. Screening walls for other uses may be constructed of stucco, decorative block, concrete panel, wood or other substantially equivalent material. Chain-link fencing is prohibited.

F.

Berms. A vegetated earthen berm may be used in combination with the above types of screening walls, but not more than two-thirds of the required height of such screening may be provided by the berm.

The standards of this Section apply to new development, replacement equipment that is added to serve existing buildings, and condominium conversions; they do not apply to existing equipment that serves existing buildings. The Zoning Administrator may waive or modify screening requirements for upgrades to existing mechanical equipment.

A.

General Requirements. All exterior mechanical equipment, whether on a roof, on the side of a structure, or located on the ground, must be screened from public view. Exterior mechanical equipment to be screened includes, without limitation, heating, ventilation, air conditioning, refrigeration equipment, plumbing lines, ductwork, transformers, smoke exhaust fans, water meters, backflow preventers, service entry section, and similar utility devices.

1.

Screening must be architecturally integrated into the main structure with regard to materials, color, shape, and size to appear as an integral part of the building or structure.

2.

Equipment must be screened on all sides, and screening materials must be opaque.

3.

When screening with plants, evergreen types of vegetation must be planted and maintained. Plant material sizes and types must be selected and installed so that, at the time of building occupancy, such plants effectively screen their respective equipment.

4.

The use of wood, expanded metal lath, and chain link for the purpose of screening is prohibited.

B.

Requirements for Specific Types of Mechanical Equipment. The following additional screening standards apply to the specified types of mechanical equipment:

1.

Roof-Mounted Equipment.

a.

Whenever feasible, roof-mounted equipment screening must be constructed as an encompassing monolithic unit or a series of architecturally similar screening units on large roofs, rather than as several individual screens (i.e., multiple equipment screens, or "hats," surrounding individual elements will not be permitted).

b.

The height of the screening element must equal or exceed the height of the structure's tallest piece of installed equipment.

Figure 15.04.601.110-B(1): Screening of Roof Mounted Equipment

==> picture [218 x 108] intentionally omitted <==

2.

Ground-Mounted Equipment. Ground-mounted equipment that faces a street must be screened to a height of 12 inches above the equipment, unless such screening conflicts with utility access, in which case reasonable accommodation must be allowed.

a.

Acceptable screening devices consist of decorative walls and/or berms (3:1 maximum slope) with supplemental plant materials, including trees, shrubs, and groundcovers.

b.

For screen walls that are three feet high or lower, vegetative materials may be substituted for 50 percent of the screening device.

c.

This requirement does not apply to incidental equipment in the interior of a lot that is not visible from the street. However, electrical substations, water tanks, sewer pump stations, and similar utilities are required to be screened and secured with an eight-foot-high wall.

Figure 15.04.601.110-B(2): Screening of Ground Mounted Equipment

==> picture [308 x 75] intentionally omitted <==

3.

Exterior Wall Equipment. Wall-mounted equipment, including, without limitation, electrical meters, electrical distribution cabinets, service entry sections, and valves and cabinets that face a street or public parking and are not recessed and/or separated from the street by intervening building(s) or walls or gates, must be screened. Screening devices must incorporate elements of the building design (e.g., shape, color, texture and material). For screen walls that are three feet in height or lower, vegetative materials may be substituted for 50 percent of the screening device. This requirement does not apply to fire-related elements.

C.

Exceptions in the IG and IW Zoning Districts. Due to its size, some outdoor equipment that is ancillary to operations in IG and IW zoning districts may not be fully screened from view. In these cases, operators of such equipment shall only be required to provide screening that is consistent with provisions of Section 15.04.601.110 to the extent feasible.

This Section establishes development standards for solar energy systems.

A.

Height.

1.

On Single-Unit Lots. Photovoltaic solar energy systems may extend up to five feet above the height limit in the zoning district. Solar water or swimming pool heating systems may extend up to seven feet above the height limit in the district.

2.

On All Other Lots. Photovoltaic solar energy systems may extend up to five feet above the roof surface on which they are installed, even if this exceeds the maximum height limit in the district in which it is located. Solar water or swimming pool heating systems may extend up to seven feet above the roof surface on which they are installed even if this exceeds the maximum height limit in the district in which it is located.

B.

Required Setback. Excluding solar collector panels, solar energy system equipment may be installed within a required side and rear setback, but must not be closer than three feet to any property line.

A.

Incorporation of Best Management Practices for Stormwater Management. New development must be designed to minimize impacts to water quality from increased runoff volumes and discharges of pollutants from nonpoint sources to the maximum extent feasible. Post-construction

best management practices must be designed to treat, infiltrate, or filter stormwater runoff, in accordance with applicable standards as required by law. Examples of best management practices include:

1.

Retention and detention basins.

2.

Vegetated swales.

3.

Infiltration galleries or injection wells.

4.

Use of permeable paving materials.

5.

Mechanical devices such as oil-water separators and filters.

6.

Revegetation of graded or disturbed areas.

B.

Stormwater Management Requirements. The following requirements apply to specific types of development:

1.

Non-residential and multi-unit development must use best management practices to control polluted runoff from structures, parking, and loading areas.

2.

Eating and drinking establishments must incorporate best management practices designed to prevent runoff of oil and grease, solvents, phosphates, and suspended solids to the storm drain system.

3.

Automobile/vehicle sales and services uses must incorporate best management practices designed to prevent runoff of oil and grease, solvents, car battery acid, engine coolants, and gasoline to the stormwater system.

4.

Outdoor storage areas must be designed to incorporate best management practices to prevent stormwater contamination from stored materials.

5.

Trash storage areas must be designed using best management practices to prevent stormwater contamination by loose trash and debris.

C.

Maintenance of Stormwater Management Facilities. New development is required to provide ongoing maintenance of best management practice measures where maintenance is necessary for their effective operation. The permittee and/or owner, including successors in interest, is responsible for all structural treatment controls and devices as follows:

1.

All structural best management practices must be inspected, cleaned, and repaired when necessary prior to September 30th of each year or as specified in a City-approved operations and maintenance agreement.

Additional inspections, repairs, and maintenance must be performed after storms, as needed, throughout the rainy season, with any major repairs completed prior to the beginning of the next rainy season.

3.

Public streets and parking lots must be swept, as needed and financially feasible, to remove debris and contaminated residue.

4.

The homeowners association, or other private owner, must be responsible for sweeping of private streets and parking lots.

This Section establishes standards for swimming pools and spas.

A.

Filtration Equipment. Swimming pool or spa filtration equipment and pumps shall not be located in the front or street side yard and cannot be closer than 15 feet to the main building on an adjoining lot. All equipment must be mounted and enclosed/screened so that its sound is in compliance with Article 15.04.605 (Noise).

B.

Pool Setbacks and Covers. The outside wall of the water-containing portion of any swimming pool or spa must be a minimum of 15 feet from street side lot lines, five feet from all interior lot lines, and five feet from the residence and any accessory dwelling unit on the site. All pools must be equipped with an approved safety pool cover meeting the standards of the American Society for Testing and Materials or have another drowning prevention safety feature, as required by the California Health and Safety Code.

C.

Elevated Swimming Pools. All elevated swimming pools constructed on the ground may not be higher than four feet.

D.

Public and Semi-Public Pools. A conditional use permit must be obtained before the construction of any pool for use by the general public.

In addition to the requirements outlined in Article 15.04.607 (Parking and Loading Standards), all truck docks, loading, and service areas must be located and screened as follows:

A.

Minimum Distance from Residential District. Truck docks, loading, and service areas are not permitted within 50 feet of the boundary of any R District.

B.

Location on Lot. In all districts except the Agricultural and Industrial Districts, truck docks, loading areas, and service areas must be located at the rear or interior side of buildings, rather than facing a street.

C.

Screening. Truck docks, loading areas, and service areas located in any zoning district must be screened from any adjacent R District. Docks, loading, and service areas in any district, except the Industrial Districts, must be screened from view of adjacent streets. Screening must consist of a solid masonry wall at least eight feet in height or opaque automated gates.

All electrical, telephone, cable television, fiber-optic cable, gas, water, sewer, irrigation/recycled water, and similar distribution lines providing direct service to a project must be installed underground within the site. This requirement may be waived by the Zoning Administrator upon determining that underground installation is infeasible or the electrical line is otherwise exempt from an undergrounding requirement.

15.04.601.170 - Visibility at Intersections and Driveways.

A.

Street Intersections. Vegetation and structures, including signs, must not exceed a height of three feet within the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of 10 feet along both lines from their intersection, unless there is a "transparency" feature, such as open railings or well-pruned climbing plants, allowing for sight visibility. Trees that are located within this sight distance triangle must have a minimum clearance of 13 feet high between the lowest portion of the canopy and street.

1.

Subsection (A) does not apply to unsignalized intersections of local streets, unless specifically required by the Zoning Administrator.

Figure 15.04.601.170-A: Visibility at Street Intersections

==> picture [181 x 130] intentionally omitted <==

B.

Driveways and Alleys. Visibility of a driveway crossing a street lot line must not be blocked above a height of three feet within the sight distance triangular area formed by the intersecting curb lines (or edge of pavement when no curbs exist) and a line joining points on these curb lines at a distance of 12 feet along both lines from their intersection. Street trees that are pruned at least seven feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers are permitted.

Figure 15.04.601.170-B: Visibility at Driveways

==> picture [182 x 103] intentionally omitted <==

C.

Exempt Structures and Plantings. The regulations of this Section do not apply to existing buildings; public utility poles; saplings or plant species of open growth habits and not planted in the form of a hedge that are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; official warning signs or signals; or places where the contour of the ground is such that there can be no cross visibility at the intersection.

ARTICLE 15.04.602 - AFFORDABLE HOUSING DENSITY BONUS

The purpose of this Article is to provide increased residential densities for projects that guarantee that a portion of the housing units, constructed in a housing development, will be restricted to senior citizens or affordable to moderate, lower, very low, or extremely low income persons or for the donation of land for very low income housing.

A.

State Law Governs. Where a conflict occurs between the provisions of this Article and State law, State law will govern.

B.

Compatibility. All affordable housing units must be dispersed within market-rate projects whenever feasible. Affordable housing units within market-rate projects must be comparable with the design and appearance of market-rate units in appearance, use of materials, and finish quality.

C.

Availability. All affordable housing units must be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the same project, unless both the City and the developer agree in the Density Bonus Agreement to an alternative schedule for development.

D.

Density Bonus Agreement. A Density Bonus Agreement will be made a condition of the discretionary permits for all projects granted a density bonus, pursuant to this Article. The Agreement must be recorded as a restriction on the parcel or parcels on which the affordable housing units will be constructed. The Agreement must be consistent with Section 15.04.602.060.

E.

Effect of Granting Density Bonus. The granting of a density bonus will not, in and of itself, be interpreted to require a General Plan amendment, Zoning Text or Map change, or other discretionary approval.

A.

Minimum Requirements for Density Bonus. The City shall grant one density bonus when a housing developer seeks and agrees to construct a housing development with five or more units, excluding any units permitted by the density bonus awarded, that will contain housing for any one of the following household income groups, as defined by State law, and satisfies the findings outlined in this Section:

1.

Low Income Households. Ten percent of the total dwelling units of a housing development for lower-income households.

2.

Very Low Income Households. Five percent of the total dwelling units of a housing development for very low income households.

3.

Extremely Low Income Households. Five percent of the total dwelling units of a housing development for extremely low income households.

4.

Senior Households. A senior citizen housing development or mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code.

5.

Common Interest Developments. Ten percent of the total dwelling units in a common interest development for persons and families of moderate income provided that all units in the development are offered to the public for purchase.

B.

Calculation of Density Bonus. The amount of density bonus to which the developer is entitled shall vary according to the amount by which the percentage of affordable housing units equals or exceeds the percentage established in Table 15.04.602.030-B. The density bonus shall not be included when determining the number of housing units which are to be affordable.

1.

Density Bonus.The density bonus for housing developments shall be calculated as shown in Table 15.04.602.030-B:

2.

Density Bonus for Common Interest Developments.The density bonus for common interest developments with moderate income units shall be calculated as follows:

3.

Rounding of Fractional Units. All density bonus calculations resulting in fractional units shall be rounded up to the next whole number.

4.

Density Bonus for Land Donations.When the developer for a tentative subdivision map, parcel map, or other residential development approval donates land to the City in return for providing housing for very low income households, the developer shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable zoning district for the entire development, as follows:

This increase shall be in addition to any increase in density otherwise mandated, up to a maximum combined mandated density increase of 35 percent if the developer seeks both the increase required pursuant to this Section and a density bonus. The developer shall be eligible for the increased density bonus described in this paragraph 4 if all the following conditions are met:

a.

The developer shall donate and transfer lands no later than the date of approval of the final subdivision map, parcel map, or residential development application.

b.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in the amount not less than 10 percent of the number of residential units of the proposed development.

c.

The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate General Plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The transferred lands shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units prior to the date of approval of the final subdivision map, parcel map, or the residential development.

d.

The transferred lands and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with this Article, which shall be recorded on the property at the time of dedication.

e.

The land is transferred to the City or to a housing developer approved by the City. The City may require the developer to identify and transfer the land to the developer.

f.

The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one-quarter mile of the boundary of the proposed development.

5.

Density Bonus for Development with a Childcare Facility.

a.

When a developer proposes to construct a housing development that conforms to the requirements of subsection 15.04.602.030(A) and includes a child care facility that will be located on the site of, as part of, or adjacent to, the project, the City shall grant either of the following:

i.

An additional density bonus that is an amount of square feet of residential space that is equal to the amount of square feet in the child care facility; or

ii.

An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

b.

The City shall require, as a condition of approving a density bonus housing development with a child care facility that the following shall occur:

i.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable.

ii.

Of the children who attend the child care facility, the children of extremely low income, very low income households, lower-income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for extremely low income, very low income households, lower-income households, or families of moderate income pursuant to this Section.

c.

The City shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the surrounding neighborhood has adequate child care facilities.

C.

Possible Incentives or Concessions. When a developer seeks and agrees to construct any one of the housing specified in subsections 15.04.602.030(A) and (B), the City shall grant incentives or concessions as described below, if requested by the developer, in addition to a density bonus, unless the City makes written findings per subsection 15.04.602.050(C) of this Article:

1.

A reduction in site development standards or a modification of zoning requirements or design requirements that exceed the minimum building standards approved by the California Standards Commission as provided for in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code including, but not limited to the following:

a.

Reduced minimum lot sizes and/or dimensions;

b.

Reduced minimum setbacks;

c.

Reduced minimum common and/or private outdoor open space;

d.

Increased maximum lot coverage;

e.

Increased maximum building height and/or stories;

f.

Reduced on-site parking standards;

g.

Reduced minimum building separation requirements;

h.

Reduced street standards, including street widths;

i.

Approval of mixed-use zoning within the housing development where it is demonstrated that commercial, office, or other nonresidential land uses will reduce housing costs over residential-only uses on a site and will be compatible with the existing and planned housing units on the site and the surrounding neighborhood where the proposed housing development will be located.

Other incentives proposed by the developer or the City that result in identifiable, financially sufficient, and actual cost reductions, including, but not limited to, the following:

a.

Expedited "fast track" processing of development applications and permits (e.g., allowing plan check to begin during planning appeal period);

b.

Waiver of filing or processing fees on development applications and permits, or other development fees, following established City fee waiver processes or policies;

c.

Use of public financing; or

d.

Other regulatory incentives or concessions that result in identifiable cost reductions.

There is no limit or requirement, however, for the City to provide any direct financial incentives for the housing development, to waive fees and/or dedication requirements, or to provide publicly-owned land for a housing development.

D.

Number of Concessions Available. The developer shall receive the number of incentives or concessions shown in Table 15.04.602.030-D, in addition to a density bonus:

E.

No Maximum Density Bonus or Number of Concessions. Nothing in this Article shall be construed to prohibit the City from granting a density bonus greater than what is described in this Section or a greater number of concessions or incentives than what is described in this Section for a development that meets the requirements of this Section.

F.

Standards for Density Bonus and Incentives. The following standards shall apply to the granting of the density bonus and incentives:

1.

Duration of Affordability. For the purposes of this Section, "total units" or "total dwelling units" does not include units added by a density bonus awarded pursuant to this Section or any other Municipal Code provision granting a greater density bonus.

a.

An applicant shall agree to, and City shall ensure, the continued affordability of all extremely low, very low and low-income rental units that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of the Health and Safety Code.

b.

An applicant shall agree to, and the City shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of extremely low, very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code.

2.

Equity Sharing Agreement. An applicant shall agree to, and the City shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of extremely low, very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. The following provisions must be included in an equity sharing agreement:

a.

Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subsection ii. below, and its proportionate share of appreciation, as defined in subsection iii. below, which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership.

i.

The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

ii.

The City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

3.

Protection of Existing Rental Units. An applicant shall be ineligible for a density bonus or any other incentives or concessions under this Section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low, very low, or extremely low income; subject to any other form of rent or price control through the City's valid exercise of its police power; or occupied by low, very low, or extremely low income households, unless the proposed housing development replaces those units, and either of the following applies:

a.

The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subsection 15.04.602.030(B).

b.

Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

c.

For the purposes of this paragraph, "replace" shall mean the following:

i.

If any dwelling units described in paragraph 15.04.602.030(F)(3) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. For unoccupied dwelling units described in paragraph 15.04.602.030(F)(3) in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units.

ii.

If all dwelling units described in subparagraph (i) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, low income persons and families.

iii.

All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to an equity sharing agreement pursuant to paragraph 15.04.602.030(F)(2).

d.

If any dwelling units described in paragraph 15.04.602.030(F)(3) are occupied on the date of application, each household of extremely low, very low, low, or moderately low income residing in the dwelling units must be offered the right to return to a comparable unit in the proposed housing development with rent for the first 12 months subsequent to that return being the lower of the following: up to 5 percent higher than the rent at the time of application, or up to 30 percent of household income.

e.

Paragraph 15.04.602.030(F)(3) does not apply to an applicant seeking a density bonus for a proposed housing development if his or her application was submitted to, or processed by, the City before January 1, 2015.

4.

Location and Design of Affordable Housing Units. The affordable housing units shall be integrated with other housing units in the housing development with regard to siting and placement within buildings, and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development;

5.

Location of Density Bonus Units. The density bonus units can be located in geographic areas of the development site other than the areas where the units for the affordable housing units are located, and can be located only on parcels for which the density bonus was granted;

6.

Zoning Basis. The maximum units allowed in the underlying zoning district of the project site and the net acreage of the project site shall be the basis on which the density bonus is determined unless the project is in a specific plan area, a Form-Based code zone, or a Planned Area District, in which case the density bonus shall be determined based on the maximum residential density for the General Plan designation for the site.

G.

Vehicular Parking Ratio.

Maximum Parking Ratio. Upon the request of the developer, the City shall not require a vehicular parking ratio, inclusive of parking for disabled persons and guest parking, of a development meeting the criteria of subsection 15.04.613.020(B) that exceeds the following ratios:

a.

Zero to one bedrooms: one on-site parking space;

b.

Two to three bedrooms: two on-site parking spaces; and

c.

Four or more bedrooms: two and one-half parking spaces.

2.

Maximum Parking Ratio for Projects Near Transit. If a development includes the maximum percentage of extremely low, low or very low income units provided for in subsection 15.04.613.020(B) and is located within one-half mile of the Richmond BART/Intermodal Terminal, El Cerrito Plaza BART and the El Cerrito Del Norte BART Station, measured from the station platform, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed 0.25 spaces per bedroom or the ratios set below, whichever are lower. For purposes of this paragraph, a development is considered to have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

a.

If a development consists solely of rental units, exclusive of a manager's unit(s), with an affordable housing cost to lower income families, then, upon the request of the developer, the number of required parking spaces, inclusive of parking for disabled persons and guest parking, shall not exceed the following ratios:

i.

If the development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development: 0.25 spaces per unit.

ii.

If the development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code: 0.25 spaces per unit, provided the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

iii.

If the development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code: no parking is required, provided the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

b.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

c.

For purposes of this subsection, a development may provide on-site parking through tandem parking or uncovered parking, but not through onstreet parking.

d.

This subdivision does not preclude the City from reducing or eliminating a parking requirement for development projects of any type in any location.

3.

Parking Study. Notwithstanding paragraph (2), if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio, based upon substantial evidence found in the parking

study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low, very low, and extremely low income individuals, including seniors and special needs individuals.

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

When a developer agrees to construct affordable housing as specified in this Section, the City may provide other incentives of equivalent financial value which make the affordable housing units economically feasible, instead of granting the density bonus and incentive(s) from the above section.

A.

Preliminary Proposal. A developer requesting a density bonus or incentive(s) pursuant to this Article may submit a preliminary proposal for feedback prior to the submittal of any formal requests for approval of a density bonus and incentive and other planning approvals, such as a General Plan amendment, subdivision map, development plan, or design review. The purpose of the preliminary proposal is to determine whether the proposed housing development is in substantial compliance with applicable planning regulations and to establish the basis and procedures for granting the incentive(s) or concession(s). Approval of a preliminary proposal does not constitute approval of the housing development, but indicates that the housing development nominally complies with the City's zoning regulations, and establishes the type of incentive(s) or concession(s) and agreement to ensure compliance with this Article to be recommended by staff.

1.

The following information is required to be submitted for a preliminary proposal:

a.

A concise written description of the project, including location, number and type of housing units, including affordable units and bonus units, and the planning approval(s) required;

b.

A site map showing the location and general layout of the proposed housing development and surrounding land uses and roadways;

c.

A written request for the specific incentive(s) or concession(s) sought accompanied by a rationale and accurate supporting information sufficient to demonstrate that any requested incentive is required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above. If applicable, the developer shall identify the proposed use of any housing subventions or programs for the housing development, such as California Housing Community Development programs or other sources of funding.

2.

Within 90 days of receipt of a complete preliminary proposal, the Zoning Administrator shall notify the developer in writing what the staff will recommend as to how the City will comply with this Article, and shall indicate whether or not the housing development complies with this Article and with the applicable planning and zoning regulations.

B.

Housing Density Bonus and Incentive Application. An application for a housing density bonus and, if requested, an incentive or concession must include:

1.

Documentation for a Requested Density Bonus.

a.

Evidence that the project includes the qualifying percentages of residential units set forth in Table 15.04.602.030-B, excluding the units added by the granted density bonus;

b.

Calculations showing the maximum base density;

c.

Number or percentage of affordable units and the income level at which the units will be restricted to;

d.

Number of market rate units that will result from the granted density bonus;

e.

Resulting density, described in units per square foot; and

f.

A written acknowledgement that the project will be subject to the affordability restrictions and other provisions set forth in this Article.

2.

Documentation of Requested Incentives or Concessions.

a.

A pro forma or other report demonstrating that the requested incentives and concessions result in identifiable, financially sufficient and actual cost reductions necessary to ensure the financial feasibility of the proposed units shall be prepared. The City may require that an independent financial review be conducted at the expense of the applicant.

b.

A description of any proposed waivers of development standards or other zoning requirements and why they are necessary for making the project physically possible.

3.

If the housing development is proposed as a Planned Area District, the density bonus and incentive(s) shall be reviewed concurrently with the rezoning application. If the housing development is not proposed as a Planned Area District, a conditional use permit shall be required for the density bonus and incentive(s) or concession(s).

C.

Housing Density Bonus and Incentive Approval. The City shall grant the concession or incentive requested unless the City makes a written finding, based upon substantial evidence, that:

1.

The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified above; or

2.

The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historic Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low and moderate-income households; or

3.

The concession or incentive would be contrary to State or federal law.

D.

Standards Must Not Preclude Development. In no case will the City apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection 15.04.602.030(A) at the densities or with the concessions or incentives permitted by this Article. An applicant may submit a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection 15.04.602.030(A) at the densities or with the concessions or incentives permitted, and the Planning Commission shall consider that request at the same time as it reviews the application. A proposal for the waiver or reduction of development standards pursuant to this Section shall not include a request to reduce nor increase the number of incentives or concessions to which the applicant is otherwise entitled.

Prior to the issuance of a building permit for any dwelling unit in a development for which a density bonus has been awarded or incentives or concessions have been granted, the developer shall enter into a written agreement with the City for the duration of affordability. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer, and shall be recorded in the Contra Costa County Clerk Recorder's Office, County Recorder Division. The agreement shall be approved by the City Attorney and shall include provisions for the following:

A.

The number and proportion of housing units affordable to moderate-income, lower-income, very low income, and extremely low income households by type, location and number of bedrooms;

B.

Standards for maximum qualifying household incomes and maximum rents or sale prices;

C.

The party responsible for certifying rents and sales prices of affordable housing units;

D.

The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

E.

The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

F.

Deed restrictions on the affordable housing units binding on property upon sale or transfer;

G.

Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households;

H.

Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the marketrate units; and

I.

For Common Interest Development. An equity-sharing agreement for moderate-income units that are directly related to the receipt of the density bonus in the common interest development, unless it is in conflict with the requirements of another public funding source or law. The following provisions must be included pursuant to paragraph 15.04.602.030(F)(2): (1) Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. (2) The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.

ARTICLE 15.04.603 - INCLUSIONARY HOUSING AND AFFORDABLE HOUSING LINKAGE FEE[[4]]

Footnotes:

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Editor's note— Ord. No. 24-20 N.S., § 2, adopted Nov. 10, 2020, repealed the former Art. 15.04.603, §§ 15.04.603.010—15.04.603.100, and enacted a new Art. 15.04.603 as set out herein. The former Art. 15.04.603 pertained to inclusionary housing and derived from Ord. No. 16-16 N.S., § I(Exh. A, Exh. B), adopted Nov. 15, 2016; and Ord. No. 30-18 N.S., § I(Exh. A), adopted Dec. 18, 2018.

15.04.603.010 - Purpose.

A.

The purpose of this article is to enhance the public welfare by establishing policies to increase the production of housing units affordable to persons and households of very low, low, and moderate-income. These requirements implement the Housing Element of the General Plan through assisting in meeting the City's regional housing obligations, providing funding for the City's affordable housing programs, and affirmatively furthering fair housing by ensuring that affordable housing is constructed in all parts of the City.

B.

The City Council desires to provide and maintain affordable housing opportunities in the community through an inclusionary housing program for both ownership and rental housing, and, in furtherance of that goal, includes rental affordable housing requirements in this chapter consistent with Government Code Sections 65850(g) and 65850.01.

C.

The City's inclusionary housing requirements will assist in alleviating the use of available residential land solely for the benefit of households that are able to afford market rate housing, because such market-rate development will be required to contribute to the provision of affordable housing for the entire Richmond community. The requirements will also assist in alleviating the impacts of the demand for new affordable housing created by new market-rate residential development by making additional affordable housing available in Richmond.

D.

The City Council desires to provide and maintain affordable housing opportunities in the community through an affordable housing linkage fee program for non-residential development consistent with Government Code Sections 66000 et seq.

E.

The City's affordable housing linkage fee requirements will assist in alleviating the impacts of the demand for new affordable housing created by new non-residential development by providing funds for the development and preservation of housing affordable to employees.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

A.

The provisions of this article shall apply to any residential development project, non-residential development project, and mixed-use project unless exempt under Section 15.04.603.030.

B.

Residential development projects and the residential components of mixed-use development projects shall comply with the inclusionary housing requirements specified in Section 15.04.603.040.

C.

Non-residential development projects and the non-residential components of mixed-use development projects shall comply with the affordable housing linkage fee requirements specified in Section 15.04.603.090.

D.

A developer of a residential development project, non-residential development project, or mixed-use development project shall not avoid the requirements of this article by submitting piecemeal project applications. At the time of the application for first approval for a project, the developer shall identify all contiguous property under common ownership or control. The developer shall not be required to construct dwelling units upon the contiguous property at the time of the application for first approval; however, the developer shall be required to include the contiguous property under common ownership or control in its affordable housing plan and its inclusionary housing agreement. The inclusionary housing agreement shall be recorded against the project and all contiguous property under common ownership or control and shall require compliance with this article upon development of each contiguous property at such time as there are development applications that would authorize a total of ten or more residential units and/or 5,000 square feet of non-residential floor area for the development and the contiguous property under common ownership or control or as otherwise specified in the inclusionary housing agreement.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

The following projects are exempt from the provisions of this article:

A.

Residential development projects and the residential components of mixed-use development projects with fewer than ten dwelling units or lots, unless subject to this article under Section 15.04.603.020(D) above.

B.

Non-residential development projects and the non-residential components of mixed-use development projects with less than 5,000 square feet of net new floor area.

C.

Developments developed in accordance with the terms of a development agreement adopted by ordinance pursuant to the authority and provisions of California Government Code Section 65864 et seq., and that is executed prior to the effective date of the ordinance codified in this article, provided that such developments shall comply with any requirements included in the development agreement or any predecessor ordinance in effect on the date the development agreement was executed.

D.

Developments exempted by California Government Code Section 65589.5, 66474.2 or 66498.1, provided that such developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date that the application for the development was deemed substantially complete under Government Code Section 65943 or successor provision.

E.

Developments exempted by California Government Code Section 65589.5(o) or successor provision, provided that such residential developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date that a preliminary application for the development containing all of the information required by Government Code Section 65941.1 was submitted to the City.

F.

Developments exempted by another state law or by final judgement of a court of competent jurisdiction.

G.

Non-residential development projects shall be subject to any non-residential linkage fee in effect on the date that the application for a building permit is submitted.

H.

Residential development projects that have submitted a complete application or that have been approved prior to the effective date of the ordinance codified in this article have the option of complying with this article or the policies in effect on the date the application for the development was deemed substantially complete under Government Code Section 65943 or successor provision.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

15.04.603.040 - Inclusionary Housing Requirements for Residential Development Projects.

All new residential development projects and residential components of mixed-use development projects, unless exempt under Section 15.04.603.030, shall provide inclusionary units upon the same site or comply with an alternative that is approved as described in Section 15.04.603.080.

A.

The developer of an ownership residential development shall provide either:

1.

Seven percent of the dwelling units in the residential development project made available at an affordable sales price to low-income households; or

2.

Ten percent of the dwelling units in the residential development project made available at an affordable sales price to moderate-income households.

B.

The developer of a rental residential development shall provide either:

Nine percent of the dwelling units in the residential development project made available at an affordable rent to very low-income households; or

2.

Ten percent of the dwelling units in the residential development project made available at an affordable rent to low-income households.

C.

Calculations of the number of inclusionary units required by this section shall be based on the number of dwelling units in the residential development project, excluding any density bonus units.

D.

In calculating the number of required inclusionary units, any decimal fraction equal to or greater than 0.50 shall be construed as requiring one inclusionary unit. For any decimal fraction less than 0.5, the applicant must either provide one inclusionary unit or pay the City an in-lieu fee calculated in accordance with Section 15.04.603.070.

E.

When a residential development project includes both ownership and rental dwelling units, the provisions of this article that apply to ownership residential developments shall apply to that portion of the development that consists of ownership dwelling units, while the provisions of this article that apply to rental residential developments shall apply to that portion of the development that consists of rental dwelling units.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

A.

Inclusionary units shall be comparable in exterior appearance and overall quality of construction to market-rate units in the same housing development project. Interior finishes, features, and amenities may differ from those provided in the market rate units, so as long as the finishes, features, and amenities are durable, of good quality, and consistent with contemporary standards for new housing.

B.

The number of bedrooms and the size of the inclusionary units shall be comparable to or greater than the average number of bedrooms and average size of the market rate units.

C.

The inclusionary units shall be distributed throughout the residential development project located so as not to create a concentration of inclusionary units within the residential development project.

D.

The inclusionary units shall have the same amenities as the market rate units included within the affordable rent or affordable sales price for the inclusionary unit. For example, residents of the inclusionary units shall have the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development project, and residents of the inclusionary units shall not be charged more than affordable rent or affordable sales price for the use of such facilities and amenities.

E.

A developer of a residential development project providing all required inclusionary units upon the same site as the market-rate units may, at the developer's election, use the following incentives:

1.

Apply for a density bonus and other regulatory incentives pursuant to Government Code Section 65915 and the provisions of Article 15.04.602 if the residential development project contains sufficient inclusionary units or other affordable units to qualify for a density bonus.

2.

If required by the funding source (e.g., tax credit financing) or legal requirements imposed on the type of project (e.g., senior housing), the inclusionary units may be concentrated within a portion of the building or site containing the residential development project.

The developer may provide inclusionary units within the residential development project that are of a different unit type or size than the market rate units within the residential development project, if the decision-making body finds that a smaller size or different type will provide adequate and decent housing and will result in at least five percent more affordable units than required under this article. The inclusionary units shall continue to have the same average bedroom count as the market rate units.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

All required inclusionary units shall be made available for occupancy concurrently with the market rate units. For the purposes of this subsection, "concurrently" means one of the following:

A.

Inclusionary units must be constructed in proportion to construction of the market-rate units, at a ratio of one inclusionary unit to each nine market-rate units.

1.

A building permit may not be issued for any market-rate unit unless a proportional number of building permits have been issued for inclusionary units.

2.

A certificate of occupancy or final inspection may not be issued for market-rate units unless a proportional number of certificates of occupancy or final inspections have been issued for inclusionary units.

B.

In-lieu fees, if required, have been paid in accordance with Section 15.04.603.070.

C.

The applicant has met, or made arrangements satisfactory to the City to meet, an alternative requirement as permitted by Section 15.04.603.080, or the City has approved an alternative phasing plan for the inclusionary units as part of the affordable housing plan and inclusionary housing agreement.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

Except for ownership residential developments proposed south of Interstate Highway 580 and on the Point San Pablo peninsula, at the developer's election, the inclusionary housing requirements in Section 15.04.603.040 may be satisfied by the payment of a fee to the City in-lieu of constructing the inclusionary units within the residential development project in accordance with the following requirements:

A.

No building permit shall be issued by the City for any market rate unit in the residential development project until all in-lieu fees due have been paid to the City, unless the conditions of approval allow the fees to be paid at occupancy. Fees for fractional units shall be paid at issuance of the first building permit in the project.

B.

Prior to recordation of any final or parcel map for the development, notice of this requirement shall be recorded against each lot in the subdivision. The developer shall provide specific written notice to any purchaser of any dwelling unit prior to the acceptance of any offer to purchase, and shall obtain executed acknowledgment of the receipt of such notice, that the purchaser shall not have any right to occupy the dwelling unit until such time as all in-lieu fees owing for the residential development are paid to the City.

C.

All in-lieu fees shall be deposited in the affordable housing fund described in Section 15.04.603.130.

D.

In-lieu fees may be established from time-to-time by resolution of the City Council.

Ownership residential developments proposed south of interstate highway 580 and on the Point San Pablo Peninsula are prohibited from electing to pay an in-lieu fee and must instead provide on-site inclusionary housing or another alternative approved under Section 15.04.603.080.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

A.

The inclusionary housing requirement for ownership residential developments in Section 15.04.603.040.A may be satisfied by providing ten percent of the dwelling units in the residential development project at affordable rent to very low income households. The inclusionary housing agreement shall include provisions to allow for the sale of the inclusionary units at an affordable sales price and relocation benefits for tenants of the inclusionary units if the owner of the ownership residential development later determines to offer any inclusionary units in the residential development project for sale. At sale, appropriate documents shall be recorded to ensure affordability of the inclusionary units to very low income households for a 45-year term.

B.

The developer, or an entity controlled by the developer, or another entity that has entered into an agreement with the developer to provide affordable housing, may propose to construct the inclusionary units required by Section 15.04.603.040 on another site in the City of Richmond. Two or more developers may also jointly propose off-site construction of affordable units on a single site. The City shall grant a credit for off-site construction if the proposal meets all of the following conditions:

1.

Financing or a viable financing plan, which may include public funding, shall be in place for the off-site inclusionary units;

2.

The off-site location is suitable for the proposed inclusionary housing, consistent with any adopted guidelines and the Housing Element, will not tend to cause residential segregation or concentrations of poverty, and is located within one mile of the residential development project with appropriate infrastructure and services; and

3.

Construction of the off-site inclusionary units may not have commenced prior to the first approval of the residential development.

Final inspections for occupancy of the market-rate units in the residential development project will be granted only after final inspections are completed for the off-site affordable units related to those market-rate units. However, the timing requirements set forth in this subsection may be modified by the approval body. The City may require that completion of off-site affordable units be further secured by the applicant's agreement to pay in-lieu fees in the amount due under Section 15.04.603.070 in the event the off-site units are not timely completed.

C.

The developer may propose to meet the requirements of Section 15.04.603.040 by dedicating property to the City in-lieu of constructing inclusionary units within the residential development project. The City shall approve property dedication under this subsection only if the proposal meets all of the following conditions:

1.

The number of affordable units to be constructed on the dedicated property shall be at least ten percent greater than the number of inclusionary units otherwise required under this article;

2.

Financing or a viable financing plan, which may include public funding, shall be in place for construction of the affordable units on the dedicated property; and

3.

The property to be dedicated is suitable for the proposed inclusionary housing, consistent with any adopted guidelines and the housing element, will not tend to cause residential segregation or concentrations of poverty, and is located within one mile of the residential development project with appropriate infrastructure and services.

The property shall be dedicated to the City prior to issuance of any building permit for the residential development project.

D.

Other Alternative Compliance Methods. The developer may propose an alternative compliance method to provide inclusionary units through other means. The approval body may approve or conditionally approve such an alternative only if the approval body determines, based on substantial evidence, that such alternative compliance will provide as many or more affordable units at the same or lower income levels, will not tend to cause residential segregation or concentrations of poverty, and will otherwise provide greater public benefit than would provision of the inclusionary units on site. The affordable units to be created shall conform with all other requirements of this article except as modified by the approval body.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

A.

Non-residential linkage fees may be established from time-to-time by resolution of the City Council.

B.

No building permit shall be issued by the City for any non-residential development project until all linkage fees have been paid to the City, unless the conditions of approval allow the fees to be paid at occupancy.

C.

All linkage fees shall be deposited in the affordable housing fund described in Section 15.04.603.130.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

A.

An application for the first approval of a residential development project or mixed-use project shall include an affordable housing plan describing how the project will comply with the provisions of this article, either with on-site units, payment of in-lieu fees, or an alternative measure consistent with Section 15.04.603.080.

B.

Any adopted guidelines or City application form may specify the contents of the affordable housing plan. No application for a first approval for a residential development may be deemed complete unless an affordable housing plan is submitted in conformance with this article.

C.

The affordable housing plan shall be processed concurrently with all other permits required for the residential development. Before approving the affordable housing plan, the approval body shall find that the affordable housing plan conforms to this article.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

Prior to the issuance of a building permit or approval of a final or parcel map for any residential development project subject to this article that includes inclusionary units, the developer shall enter into a written agreement with the City for the duration of affordability. An agreement is not required for developers who pay an in-lieu fee. The terms and conditions of the agreement shall be binding upon any successor in interest of the developer and shall be recorded in the Contra Costa County Clerk Recorder's Office, County Recorder Division prior to issuance of the building permit or recordation of the final or parcel map. The agreement shall be in a form approved by the City Attorney and executed by the City Manager and shall include provisions for the following:

A.

The number and proportion of housing units affordable to moderate-income, lower-income, very low income, and extremely low income households by type, location and number of bedrooms;

B.

The party responsible for certifying rents and sales prices of inclusionary housing units and certifying incomes of tenants or purchasers of the inclusionary housing units (the City may specify the party certifying rents, sales prices, and incomes);

C.

The financing of ongoing administrative and monitoring costs;

D.

The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

E.

Deed restrictions including resale control mechanisms and rent limitations, as applicable;

F.

Provision allowing sale of ownership units to a nonprofit housing organization, nonprofit land trust, or governmental agency, which may rent the units to eligible households;

G.

Enforcement mechanisms to ensure that the affordable units are continuously occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households (unless owned by a nonprofit housing organization, nonprofit land trust, or governmental agency); and

H.

Project phasing, including the timing of completions, and rental or sale of the inclusionary housing units, in relation to the timing of the marketrate units.

The agreement shall be subject to administrative review by the Community Development Department for the affordability term for the purpose of verifying that the inclusionary units are maintained at affordable rates within the affordability category originally established for the project. For each inclusionary unit, the owner may be required to pay to the City an annual monitoring fee for the term of required affordability that does not exceed the City's costs to monitor the affordable unit, if such a fee is adopted by resolution of the City Council or is otherwise included in the City's master fee schedule.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

In order to maintain the availability of inclusionary units constructed pursuant to this article, the following requirements shall apply:

A.

Any adopted guidelines may include standard documents for execution by the City Manager, in a form approved by the City Attorney, to ensure the continued affordability of the inclusionary units approved for each residential development project. The documents shall be recorded against the residential development project, all inclusionary units, and any site subject to the provisions of this article.

B.

All inclusionary units to be sold shall remain affordable at an affordable sales price to the targeted income group for 45 years, unless a longer term is required in connection with state law or financing requirements.

C.

All inclusionary units to be rented shall remain affordable at the affordable rent to the targeted income group for 55 years, unless a longer term is required in connection with State law or financing requirements.

D.

Any eligible household that occupies an inclusionary unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party eligible household for a limited period of time due to household hardship, as may be specified in any adopted guidelines.

E.

No household may begin occupancy of an inclusionary unit until the household has been determined to be eligible to occupy that unit by the City or designee. Any adopted guidelines may establish standards for determining household income, affordable sales price, provisions for

continued monitoring of tenant eligibility, and other eligibility criteria.

F.

Officials, employees, or consultants of the City and members of City boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an inclusionary unit. Any adopted guidelines shall include conflict of interest provisions relating to the administration of this article and the eligibility of persons to occupy inclusionary units.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

15.04.603.130 - Affordable Housing Fund.

A.

All in-lieu fees, linkage fees, or other funds collected under this article shall be deposited into the City's Affordable Housing Fund.

B.

The moneys in the Affordable Housing Fund and all earnings from investment of the moneys in the Fund shall be expended on activities that provide housing affordable to extremely low-income, very low-income, lower-income, moderate-income households and any special needs populations in the City consistent with the goals and policies contained in the City's Housing Element, which may include without limitation land acquisition, predevelopment costs, rehabilitation of existing units to extend their useful life and add affordability restrictions, and construction of new residential units, and for administration and compliance monitoring of the affordable housing program, as approved by the City Council.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

15.04.603.140 - Reductions, Adjustments, or Waivers.

A.

Any request for a waiver, adjustment, or reduction under this article shall be submitted to the City concurrently with an application for a first approval for a residential development project based upon a showing that applying the requirements of this section would result in an unconstitutional taking of property or would result in any other unconstitutional result. The request for a waiver, adjustment, or reduction shall set forth in detail the factual and legal basis for the claim.

B.

The request for a waiver, adjustment, or reduction shall be processed concurrently with all other permits required for the residential development project, including the affordable housing plan. The body with the authority to approve the residential development project shall have the authority to act on the request for a waiver, adjustment, or reduction, subject to any appeals otherwise authorized for the residential development project.

C.

The waiver or modification may be approved only to the extent necessary to avoid an unconstitutional result, based upon legal advice provided by or at the behest of the City Attorney, after adoption of written findings, based on legal analysis and substantial evidence. If a waiver or modification is granted, any change in the project shall invalidate the waiver or modification, and a new application shall be required for a waiver or modification under this section.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

15.04.603.150 - Article Administration and Enforcement.

A.

The City Council, by resolution, may establish fees for the ongoing administration and monitoring of the affordable units, which fees may be updated periodically, as required.

B.

The City Council, by resolution, may adopt guidelines to implement this article. The City may review this chapter as frequently as appropriate to evaluate its effectiveness in creating affordable housing and shall review the effectiveness of this chapter as part of each adoption of the City's housing element of the general plan.

C.

The City Attorney shall be authorized to enforce the provisions of this article and all inclusionary housing agreements, regulatory agreements, and all other covenants or restrictions placed on inclusionary units, by civil action and any other proceeding or method permitted by law.

D.

Failure of any official or agency to fulfill the requirements of this article shall not excuse any developer or owner from the requirements of this article. No permit, license, map, or other approval or entitlement for a residential development project shall be issued, including without limitation a final inspection or certificate of occupancy, until all applicable requirements of this article have been satisfied.

E.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 24-20 N.S., § 2, 11-10-2020)

ARTICLE 15.04.604 - LIGHTING AND ILLUMINATION

The purpose of this Article is to control outdoor lighting in order to maintain adequate visibility and safety, conserve energy, and protect against direct glare and excessive lighting.

15.04.604.020 - Applicability; Lighting Zones and Classes of Lighting.

A.

The standards of this Article apply to all new development and to exterior alterations and additions that involve replacement light fixtures or systems. The total outdoor light output shall not exceed that allowed on the site for individual lighting zones, except as provided in the "Exemptions" subsection below.

1.

Lighting Zones. The following lighting zones are established to tailor illumination standards to land use:

a.

Lighting Zone LZ3. Areas of high ambient lighting levels. This Zone includes the CM-3, CM-4, and CM-5, CG, CR, IB, IL, IG, and IW zoning districts.

b.

Lighting Zone LZ2. Areas of medium ambient lighting levels. This Zone includes the RL2, RM, CM-1, CM-2, LW, CC, ILL and PCI zoning districts.

c.

Lighting Zone LZ1. Areas of low ambient lighting levels. This Zone includes the RH, RL1, PR, OS, and AG zoning districts.

2.

Classes of Lighting.

a.

Class 1 Lighting. All outdoor lighting used for, but not limited to, outdoor sales or eating areas, assembly or repair areas, advertising and other signs, recreational facilities and other similar applications where color rendition is important to preserve the effectiveness of the activity. Designation of lighting as Class 1 requires a finding by the Zoning Administrator of the essential nature of color rendition for the application. Recognized Class 1 uses are: outdoor eating and retail food or beverage service areas; outdoor maintenance areas; display lots; assembly areas such as concert or theater amphitheaters.

b.

Class 2 Lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for safety or security of the grounds is the primary concern.

c.

Class 3 Lighting. Any outdoor lighting used for decorative effects including, but not limited to, architectural illumination, flag and monument lighting, and illumination of trees, bushes, etc.

A.

General Exemptions. The following lighting is exempt from the provisions of this Article.

1.

Emergency Lighting. Temporary emergency lighting needed by police, fire, and other emergency services.

2.

Holiday Lights. Holiday lighting from October 30th to February 1[st ] , provided that no individual lamp exceeds 10 watts and 70 lumens. Flashing holiday lights are prohibited on commercial properties.

3.

Nonconformance. All other outdoor light fixtures lawfully installed prior to and operable on the effective date of this Article are exempt from all requirements of this Article. There shall be no change in use or lamp type, or any replacement (except for same-type and same-output lamp replacement) or structural alteration made, without conforming to all applicable requirements of this Article. Further, if the property is abandoned, or if there is a change in use of the property, the provisions of this Article will apply when the abandonment ceases or the new use commences.

B.

Other Exemptions.

1.

Swimming Pool and Fountain Lighting. Underwater lighting used for the illumination of swimming pools and fountains is exempt from the lamp type and shielding standards, though it must conform to all other provisions of this Code.

2.

Solar-powered Lighting. Solar-powered lights of 5 watts or less per fixture used in residential landscaping applications and to illuminate walkways are exempt from applicable lamp type and shielding standards and are excluded from the total lumen calculations for the site.

3.

Temporary Exemptions. Any individual may submit a written request to the Zoning Administrator for a temporary exemption from the requirements of this Article. If approved, such exemption will be valid for up to 30 days, and is renewable at the discretion of the Zoning Administrator. The request for a temporary exemption must describe:

a.

Specific exemptions requested;

b.

Type and use of exterior light involved;

c.

Duration of time for requested exemption;

d.

Type of lamp and calculated lumens;

e.

Total wattage of lamp or lamps;

f.

Proposed location of exterior light;

g.

Previous temporary exemptions, if any; and

h.

Physical size of exterior light and type of shielding provided.

The following are prohibited:

A.

Searchlights. The operation of searchlights for advertising purposes.

B.

Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal, is prohibited.

C.

Advertising Sign or Landscape Illumination. The unshielded outdoor illumination of any outdoor advertising sign or landscaping. However, low voltage accent landscape lighting is allowed.

D.

Mercury Vapor. The installation of new mercury vapor fixtures. Existing mercury vapor fixtures must be removed and replaced with compliant lighting fixtures wherever substantial alterations and additions are undertaken, exclusive of ordinary maintenance and repair.

E.

Other Light Types. Blinking, flashing, revolving, flickering, changing intensity of illumination, and changing color lights. This prohibition does not apply to holiday lights or digital displays that are regulated by Article 15.04.609 (Signs).

A.

Design of Fixtures. Fixtures must be appropriate to the style and scale of the architecture and be shielded as required by paragraph (D) below. The top of the fixture must not exceed the height of the parapet or roof or eave of roof.

B.

Efficient Use. All outdoor lighting in non-residential development must be turned off during daylight hours and during any hours when the building is not in use and the lighting is not required for security. Time clocks or photo-sensor systems may be required as a condition of approval of a discretionary permit.

C.

Entrances in Multi-Unit Dwelling Development. All entrances to multi-unit residential buildings containing more than 4 units shall be lighted with low intensity fixtures to ensure the safety of persons and the security of the building.

D.

Shielding. All nonexempt outdoor lighting fixtures shall have shielding as shown in Table 15.04.604.050-D.

E.

Nuisance Prevention. All outdoor lighting shall be designed, located, installed, directed downward or toward structures, be shielded or fully shielded, and well-maintained in order to prevent glare, light trespass (unwanted light on adjacent lots and public rights-of-way), and light pollution to the maximum extent feasible.

Use Codes:

A = all types of fixtures allowed; shielding not required but highly recommended, except that any spot or flood-light must be aimed no higher than 45 degrees above straight down

F = only fully shielded fixtures allowed

X = not allowed

F.

Total Outdoor Light Output Standards. Total non-exempt outdoor light output shall not exceed the limits in Table 15.04.604.050-E. Lighting used for external illumination of signs is counted, while lighting used for internal illumination of signs is not counted.

1.

Outdoor light fixtures installed on poles (such as parking lot luminaires) and light fixtures installed on the sides of buildings or other structures, when not shielded from above by the structure itself are to be included in the total outdoor light output by simply adding the initial lumen

outputs of the lamps.

2.

Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs or roof eaves where all parts of the lamp or luminaire are located at least five feet but less than 10 feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-quarter (0.25) of the lamp's rated initial lumen output.

3.

Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs, or roof eaves where all parts of the lamp or luminaire are located at least 10 feet but less than 30 feet from the nearest edge of the canopy or overhang are to be included in the total outdoor light output as though they produced only one-tenth (0.10) of the lamp's rated initial lumen output.

4.

Outdoor light fixtures installed under canopies, buildings (including parking garage decks), overhangs, or roof eaves where all parts of the lamp or luminaire are located 30 or more feet from the nearest edge of the canopy or overhang are not to be included in the total outdoor light output.

G.

Multi-Class Lighting Standard. Multi-class lighting must conform to the shielding and timing restrictions, if any, that apply to the most restrictive class.

H.

Maximum Height. The maximum height of freestanding light fixtures in parking lots serving multi-family or non-residential uses shall be 20 feet or 15 feet if within 20 feet of an RL1 or RL2 zoning district, but within industrial zoning districts, the maximum height of freestanding light fixtures, including security light, is 25 feet.

I.

Maintenance. Fixtures and lighting shall be maintained in good working order and in a manner that serves the original design intent.

1.

Burnt out and broken light bulbs shall be replaced.

2.

Lighting fixtures shall be periodically cleaned and refinished or repainted so as to be free of graffiti and rust, with surfaces free of chipping and peeling.

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

A.

Outdoor Recreational Facilities. Light fixtures in outdoor recreational facilities such as ball fields, and other outdoor nighttime facilities may exceed the height limits of the zoning district.

1.

All lighting for outdoor recreations facilities shall require an administrative use permit.

2.

Lighting for outdoor athletic fields, courts or tracks shall be considered Class 1 (Color Rendition), and shall be exempt from the lumens per acre limits of subsection 15.04.604.050(F).

3.

Shielding. Fully shielded lighting is required for all fields, unless another type of luminaire will not cause light trespass in adjacent residential neighborhoods.

Illuminance. All lighting installations shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA), with adjustments allowed, as appropriate, for the level of play, the most lightdemanding sport in a multi-sport venue, and the maximum number of attendees.

5.

Off-Site Spill. The installation shall also limit off-site spill (off the site containing the sports facility) to the maximum extent possible consistent with the illumination constraints of the design.

6.

Certification. Every such lighting system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this Article.

B.

Exterior Display/Sales Areas. Lighting levels on exterior display/sales areas must be adequate to facilitate the activities taking place in such locations and cannot be used to attract attention to the business.

1.

Display Lots. Lighting for display lots shall be considered Class 1 (Color Rendition), and shall be exempt from the lumens per acre limits of paragraph 15.04.604.050F.4.

2.

Shielding. All display lot lighting shall utilize fully shielded luminaires that are installed in a fashion that maintains the fully shielded characteristics.

3.

Illuminance. The display lot shall be designed to achieve no greater than the minimal illuminance levels for the activity as recommended by the Illuminating Engineering Society of North America (IESNA).

4.

Off-Site Spill. The display lot shall limit off-site spill (off the parcel containing the display lot) to a maximum of 5 lux (0.5 fc) at any location on any non-residential property, and 0.5 lux (0.05 fc) at any location on any residential property, as measurable from any orientation of the measuring device.

5.

Curfew. Display lot lighting exceeding the lumens per acre cap shall be turned off or within thirty minutes after closing of the business. Lighting in the display lot after this time shall be considered Class 2 lighting, and shall conform to all restrictions of this Article applicable for this Class, including the lumens per acre caps.

C.

Gasoline Station/Convenience Store Aprons and Canopies. Lighting levels on gasoline station/convenience store aprons and under canopies must be adequate to facilitate the activities taking place in such locations.

1.

Service Stations. Lighting for service station canopies shall be considered Class 2 lighting (General Illumination).

2.

Shielding. Light fixtures mounted on canopies must be recessed so that the lens cover is recessed or flush with the bottom surface of the canopy and/or shielded by the fixture or the edge of the canopy.

3.

Total Under-Canopy Output. The total light output used for illuminating service station canopies, defined as the sum of all under-canopy initial bare-lamp outputs in lumens, shall not exceed 40 lumens per square foot. All lighting mounted under the canopy, including but not limited to luminaires mounted on the lower surface or recessed into the lower surface of the canopy and any lighting within signage or illuminated panels over the pumps, is to be included toward the total at full initial lumen output.

ARTICLE 15.04.605 - NOISE

The purpose of this Article is to establish standards for maximum noise limits and procedures for enforcing them to ensure that the General Plan limits on noise exposure and land use compatibility policies are achieved and maintained.

This Article does not apply to:

A.

Emergencies. The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.

B.

Warning Devices. Warning devices necessary for the protection of the public safety, such as police, fire, and ambulance sirens.

C.

Special Events. Occasional outdoor gatherings, public dances, shows, and sporting and entertainment events, provided that such events are conducted pursuant to a permit or license issued by the City.

D.

Religious Institutions and Other Similar Organizations. Unamplified bells, chimes, or other similar devices used by religious institutions and other houses of religious worship.

E.

Municipal Solid Waste Collection. Collection of solid waste, vegetative waste, and recyclable materials by the City or under contract with the City.

F.

Public Works Construction Projects, Maintenance, and Repair. Street, utility, and similar construction projects undertaken by or under contract to or direction of the City, or the State of California or a public utility regulated by the California Public Utilities Commission, as well as maintenance and repair operations conducted by such parties, including street sweeping, debris and litter removal, removal of downed wires, restoring electrical service, repairing traffic signals, unplugging sewers, vacuuming catch basins, repairing of damaged poles, removal of abandoned vehicles, repairing of water hydrants and mains, gas lines, oil lines, sewers, storm drains, roads, and sidewalks.

G.

Utility Facilities. Facilities including without limitation 60-cycle electric power transformers and related equipment, sewer lift stations, municipal wells, and pumping stations.

No person shall make, or cause to suffer, or permit to be made upon any public property, public right-of-way or private property, any excessive noise, annoying noise, amplified sound or vibrations that are physically annoying to reasonable persons of normal sensitivity or that are so harsh or so prolonged or unnatural or unusual in their use, time or place as to cause or contribute to the unnecessary and unreasonable discomfort of any persons of normal sensitivity located at the lot line of the property from which these noises emanate or that interfere with the peace and comfort of residents or their guests, or the operators or customers in places of business in the vicinity, or that may detrimentally or adversely affect such residences or places of business. The purpose of this standard is to establish the principles and context for the application of noise limits, standards for noise exposure and land use compatibility, and requirements for reasonable noise attenuation measures, all which are intended to protect noise sensitive uses from excessive noise exposure from other uses.

A.

Designated Noise Zones. The land uses listed below are assigned to the following noise zones:

Noise Zone 1: All hospitals, libraries, churches, and low density and medium density residential uses.

2.

Noise Zone 2: Outdoor sports and recreation uses, parks and playgrounds, including such sport, recreation, park and playground areas at schools.

3.

Noise Zone 3: All high density multi-family residential, mixed use, professional office, schools, and public institutional properties.

4.

Noise Zone 4: All commercial uses, excluding professional office and mixed use development.

5.

Noise Zone 5: All industrial uses.

B.

Exterior and Interior Noise Standards.

1.

The noise standards established in Table 15.04.605.040, unless otherwise specifically indicated, shall apply to all land within a designated noise zone. They are intended to express limits on regularly occurring noise for the specified time periods, averaged over an hour, and do not apply to incidental, infrequent, or unexpected noise, which are subject to Chapter 9.52, Community Noise Ordinance, and to unamplified human voices. The general prohibitions and specific prohibitions contained in Chapter 9.52, along with the provisions for persistent noises in that Chapter, apply to all land uses and activities in the City, and, in the case of a conflict, the more restrictive provisions apply.

2.

No use or activity shall create any noise or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level when measured on any property within designated noise zones to exceed the applicable noise standard, unless the activity is exempt or a specific regulation applies.

3.

In the event that the noise source and the affected property are within different noise zones, the noise standards of the affected property shall apply.

4.

These noise standards may justify denial of an application and/or imposition of reasonable conditions of approval, including noise attenuation measures (see Section 15.024.605.080), to minimize or eliminate incompatibilities. Proposals for new development that would cause a specified standard to be exceeded may only be approved if the project would provide a substantial benefit to the City.

5.

The noise exposure limits specified in Table 15.04.605.040 do not apply to noise generated by automobile traffic or other mobile noise sources in the public right-of-way.

6.

In the event the measured ambient noise level exceeds the applicable noise level standard in any category above, the applicable standards shall be adjusted so as to equal the ambient noise level (see Section 15.04.605.080(C)).

7.

New development must incorporate noise-attenuation measures to achieve the applicable interior noise levels. See subsection 15.04.605.080(C).

Table 15.04.605.050, Noise Exposure-Land Requirements and Limitations, describes the requirements and limitations of various land uses within the listed Day/Night Average Sound Level (Ldn) ranges.

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

A.

General construction noise shall be limited to weekdays from 7:00 a.m. to 6:00 p.m. Pile driving and similar loud activities shall be limited to weekdays from 8:00 a.m. to 5:00 p.m. General construction noise on projects repairing, renovating, or adding to residential structures with one to five dwelling units shall be limited to the hours of 7:00 a.m. to 8:00 p.m. Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays,

Sundays and federal holidays. Pre-construction activities, including loading and unloading, cleaning of mechanical toilets, deliveries, truck idling, backup beeps, yelling, and radios also are limited to these construction noise hours.

1.

No noise-producing construction activities shall be permitted outside of these hours or on Sundays and federal holidays unless a temporary waiver is granted by the Building Official or his or her authorized representative.

2.

More restrictive construction noise hours may be established as a conditional of approval of an administrative use permit or a conditional use permit when appropriate, given the surrounding neighborhood, the type of noise, or other unique factors.

3.

Trucks, vehicles, and equipment that are making or are involved with material deliveries, loading, or transfer of materials, equipment service, maintenance of any devices or appurtenances for or within any construction project in the City shall not be operated or driven on City streets outside of these hours or on Sundays and federal holidays unless a temporary waiver is granted by the Building Official.

4.

Any waiver granted shall take the potential noise impacts upon the surrounding neighborhood and the larger community into consideration.

5.

No construction or agricultural activity shall be permitted outside of these hours that creates construction noise, except in emergencies, including maintenance work on the City rights-of-way that might be required.

B.

Deliveries to or pickups from any commercial use sharing a lot line with any residential use may occur between 7:00 a.m. and 10:00 p.m. daily. No deliveries to or pickups from any such use shall occur outside of these hours unless specifically authorized by a conditional use permit.

C.

Maintenance of real property operations may exceed the noise standards between 7:00 a.m. and 7:00 p.m. on any day except Sundays and between 9:00 a.m. and 6:00 p.m. on Sundays or a federal holiday.

D.

The use of leaf blowers shall be regulated as follows:

1.

Definition of Leaf Blower. Leaf blowers are defined as portable power equipment that is powered by fuel or electricity and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, dispersing or redistributing dust, dirt, leaves, grass clippings, cuttings and trimmings from trees and shrubs or other debris.

2.

Limitations on Use.

a.

All leaf blowers shall be equipped with a permanently installed limiter that restricts the individual equipment motor performance to half throttle speed or less, and will produce not more than 70 decibels dB(A) measured at the midpoint of a wall area 20 feet long and 10 feet high and at a horizontal distance 50 feet away from the midpoint of the wall, or not more than 76 dB(A) at a horizontal distance of 25 feet using a sound level meter set at level A.

b.

The use of leaf blowers is prohibited except between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday.

c.

Leaf blower operations shall not cause dirt, dust, debris, leaves, grass clippings, cuttings or trimmings from trees or shrubs to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, or lot upon which the leaf

blower is being operated. Deposits of dirt, dust, leaves, grass clippings, debris, cuttings or trimmings from trees or shrubs shall be removed and disposed of in a sanitary manner which will prevent disbursement by wind, vandalism or similar means within six hours of deposit by the user or property occupant.

d.

Leaf blowers shall not be operated within a horizontal distance of 10 feet of any operable window, door, or mechanical air intake opening or duct.

e.

No person using leaf blowers shall exceed noise limitations set by this Article.

Noise shall be measured with a sound level meter that meets the standards of the American National Standards Institute. Noise levels shall be measured in decibels (dBA) on a sound level meter using the A-weighted filter network. Exterior noise shall be measured at the lot line. Interior noise shall be measured in the center of a habitable room with an exterior window on the side of the building with the loudest ambient exterior noise. All noise measurements shall be made when there is no noise source present inside the room at a point five feet above the floor level. A calibration check of the instrument shall be made at the time any noise measurement is made. Excluded from these standards are occasional sounds generated by the movement of railroad equipment or warning devices.

A.

Scope of Study. The Zoning Administrator shall require an acoustical study, to be paid for by the applicant, that includes field measurement of noise levels for any proposed project that would locate a noise source with the potential to increase noise levels to levels exceeding limits in Table 15.04.605.050 or locate a noise sensitive land use near an existing known or potentially known intrusive noise source, such as a railroad crossing, freeway, or industrial facility. Acoustical studies must identify noise sources and magnitudes, describe existing and future noise exposure, and propose mitigation measures for any on-site generated noise in order to ensure that the noise exposure limits in Table 15.04.605.050 are not exceeded.

B.

For Residential Development. Acoustical studies for new residential development and other noise sensitive uses near railroad crossings or other sources of brief loud noise must include an analysis of both 24-hour average noise and maximum instantaneous noise on interior noise levels and any effects on sleep disturbance and other essential human functions. The study shall also evaluate the effectiveness of potential mitigation measures, including noise-abating materials, technology and construction standards to minimize noise from these sources.

C.

Establishing Ambient Noise. When the Director has determined that there could be cause to make adjustments to the standards, an acoustical study shall be performed to establish ambient noise levels. In order to determine if adjustments to the standards should be made upwards, a minimum 24-hour duration noise measurement shall be conducted. The noise measurements shall collect data utilizing noise metrics that are consistent with the noise standards presented in Table 15.04.605.050. An arithmetic average of ambient noise levels during the three loudest hours should be made to demonstrate that ambient noise levels regularly exceed the noise standards.

Any project subject to the acoustic study requirements of Section 15.04.605.070 (Noise Measurement) may be required as a condition of approval to incorporate noise attenuation measures deemed necessary to ensure that noise standards are not exceeded.

A.

New noise-sensitive uses in Noise Zone 1 must incorporate noise-attenuation measures to achieve and maintain an interior noise level as listed in Table 15.04.605.040. Commercial and industrial uses are exempt from this requirement.

B.

Noise-attenuation measures identified in an acoustical study must be incorporated into the project to the extent feasible to reduce noise at the lot line and on the site of noise sensitive use in Noise Zone 1 to acceptable levels, conforming to the noise exposure limits in Table 15.04.605.040.

C.

The preferred noise attenuation measures are those based on site planning and building orientation along with state-of-the-art noise-abating materials, technology and construction standards to minimize noise. The use of noise barriers for attenuation will be considered only after all feasible design-related noise measures have been incorporated into the project. Where noise barriers are used, they must provide noise reduction to meet the limits in Table 15.04.605.040.

New and existing heating, ventilation, and air conditioning equipment and other commercial/industrial equipment must be adequately maintained in proper working order so that noise levels emitted by such equipment do not create noise levels on the site of a noise-sensitive use in Noise Zone 1 exceeding applicable limits in Table 15.04.605.040. The Zoning Administrator may require noise shielding or insulation for such equipment if the operation of the equipment results in objectionable noise levels at adjacent properties.