Article 15.04.710 — DESIGN STANDARDS

To ensure that proposed subdivisions reflect the best interest of the City, the design of all subdivisions and associated improvements shall conform to the standards of subdivision design of this article.

A.

The size, design, character, grade, location, orientation and configuration of lots and improvements within a proposed subdivision shall be consistent with the density and uses authorized for the area by the General Plan and any applicable specific plan.

B.

The density, timing or sequence of development may be restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public utilities, or other consideration as determined by the Director of Engineering and Capital Improvement Projects.

A.

Building Lots. Lots created as the result of a subdivision shall be usable and buildable. No subdivision shall create lots which are impractical for improvement or use due to steepness or configuration of terrain, size, inadequate frontage, inadequate buildable area, inadequate access or other physical condition, unless such lots are approved as an exception on the tentative map or tentative parcel map, including provision for maintenance of said lots.

B.

Block Width. Blocks shall ordinarily be of sufficient width to allow for two tiers of lots.

C.

Block Size. Blocks shall be of sufficient size to allow adequate development for the type of use proposed. Block size shall allow for adequate parking, convenient pedestrian and vehicle circulation, and access to property.

D.

Lot Area. Residential lots shall have a minimum area in accordance with the Zoning Ordinance.

E.

Lot Frontage. All residential lots shall have frontage on a street. Residential lots abutting a major thoroughfare shall have frontages on a minor street or a collector street.

F.

Flag Lots. Flag lots shall be approved only where there is no alternative design for the development of land due to topographic conditions or excessively deep parcels.

G.

Lot Lines. Side lot lines shall be substantially normal or radial to street lines. Where slopes occur between building sites, the slope shall be made a part of the downhill lot.

H.

Building Pads. Where building pads are being graded for the construction of buildings, the pads shall have a minimum slope of two percent toward the street. The pads shall be graded so that no water flows onto adjacent property.

All streets, whether public or private, shall be designed in accordance with the provisions of this Ordinance and the City of Richmond Standard Plans as approved or modified by the Director of Engineering and Capital Improvement Projects.

A.

General Plan. The street pattern of each proposed subdivision shall reflect the General Plan.

B.

Street Access at Subdivision Boundary. Where street or other public rights-of-way abut a subdivision boundary, strips of land to control access to these rights-of-way may be required.

C.

Access to Thoroughfares. Direct access rights to a thoroughfare from abutting properties shall be waived if required by the Director of Engineering and Capital Improvement Projects. Distances between points of street access to major thoroughfares shall be as approved by the Director of Engineering and Capital Improvement Projects.

D.

Access for Unsubdivided Land. Where a subdivision adjoins unsubdivided land, streets in the subdivision shall ordinarily be extended to the adjacent unsubdivided land as prescribed by the Planning Commission to provide access to the unsubdivided land in the event said land is developed.

E.

Property Line Return Radius. At street or alley intersections in residential subdivisions, the property lines shall have a 15-foot radius. In industrial subdivisions, the property lines shall have a 25-foot radius.

F.

Curvature and Alignment. Curvature, alignment and sight distances shall conform to the current edition of the State of California, Department of Transportation "Highway Design Manual."

G.

Intersections. All streets shall intersect as nearly as possible to right angles. The angle of intersection between two intersecting streets shall be at least 70 degrees and not more than 110 degrees. Streets at their intersection shall be straight or shall have a radius greater than 400 feet for a distance of 100 feet from their intersection. Collector or major streets at their intersection shall be straight or shall have a radius greater than 600 feet for a distance of 100 feet from their intersection.

H.

Intersection Grades. At intersections, no part of the centerline of one street within 50 feet of the near curbline of the other street shall have a slope above the intersection in excess of six percent or below the intersection in excess of eight percent. The maximum grade of either street within an intersection shall be four percent.

I.

Street Names. No street name shall be used which duplicates or may be confused with the name of any street existing in the City of Richmond, the cities of Albany, Berkeley, El Cerrito, San Pablo, or any place in Contra Costa County within five miles of the Richmond city limits.

J.

Cul-De-Sac Streets. The length of a cul-de-sac street in a residential subdivision shall not exceed 1,000 feet nor have frontage of more than 20 lots, excluding corner lots. Secondary access for emergency vehicles only shall be provided if required by the Director of Engineering and Capital Improvement Projects and the Fire Chief.

K.

Street Grades. Street grades shall be one percent or greater, but not greater than fifteen percent for minor streets and ten percent for collector streets.

L.

Cut and Fill Slopes. Excessive cut and fill slopes where necessary shall be included within the street right-of-way when required by the Director of Engineering and Capital Improvement Projects.

15.04.710.040 - Streets—Physical Section.

A.

Curbs and Gutters. Curbs and gutters shall be concrete, in the configuration shown on the City's Standard Plans. Curbs shall be the same elevation at points on each side of the centerline on a line at right angles to the centerline.

B.

Sidewalks. Sidewalks shall be at least four and one-half feet in width (four feet in industrial areas) and shall conform to the City's Standard Plans.

C.

Driveways. All driveways shall be concrete depressed monolithic sections extending from the face of the curb to the property line as shown on the City's Standard Plans. Entrances to private streets shall be by standard driveway openings. A single residential driveway shall be 12 feet wide at the curb and a double residential driveway shall be 20 feet wide at the curb.

D.

Pavement. The structural design of the roadbed shall be based on the traffic index (TI) as determined by the Director of Engineering and Capital Improvement Projects, and the resistance value (R-value) as determined by the soils engineer. In no case shall the thickness of the untreated base be less than six inches and in no case shall the thickness of the asphalt concrete surfacing be less than one and one-half inches.

A.

Street Classification. To implement the General Plan's Place-based Circulation System and create a well-connected, multi-modal transportation system, new development will use one or more of the following types of streets to serve current and future travel needs of residents, businesses and visitors.

1.

Auto Arterial. Auto Arterials are two- or four-lane roadways that serve high volumes of regional motor vehicle traffic including automobiles and trucks. These roadways prioritize vehicles; bicycle and pedestrian movements are secondary. Auto Arterials have limited intersections and curb cuts, and they serve as primary connections between destinations both within and outside of the City. Transit riders are served on these roadways. All Auto Arterials provide bicycle access; however, the higher design volumes on these roadways also require bike signage and painted arrows. On-street parking is generally not provided along Auto Arterials. Sidewalks are required on at least one side of the roadway.

2.

Urban Arterial. Urban Arterials are similar in function to Auto Arterials, but different in character. They are two- or four-lane roadways that serve high volumes of regional motor vehicle traffic. However, they also provide access to adjacent neighborhoods and pedestrian-intensive commercial areas, and they better accommodate bicycle and pedestrian traffic. They provide primary connections within the City, and have frequent intersection and points of access. The roadways may include a bike lane. Urban Arterials support a pedestrian environment: they have continuous sidewalks on both sides with a minimum width of eight feet; a continuous row of street trees, and well-delineated sidewalks.

3.

Mixed Use Boulevard. These roadways are located along the City's mixed use corridors and accommodate moderate to high volumes of through-traffic within and beyond the City. They provide access to retail, commercial, and moderate- to high-intensity residential land uses while facilitating traffic to the freeway network and through the City. They are also key transit corridors. Signal preemption for transit vehicles, bus stops/shelters, and, where appropriate, bus lanes, are provided. Other travel modes, including automobiles and bicycles, are accommodated in the roadway, but if there are conflicts, transit has priority. Continuous bike lanes are required. Pedestrians in general have priority on these roadways, and particularly around major retail commercial nodes. Pedestrians are accommodated with minimum eight-foot sidewalks on both sides of the street, and amenities around bus stops (e.g., shelters, benches, lighting, etc.). There are continuous street trees and pedestrianscale lighting, as well as well-delineated crosswalks, curb ramps, pedestrian refuges and actuated pedestrian signals where appropriate.

4.

Avenue. Avenues function as collector streets, connecting Local Streets to Auto and Urban Arterials and Mixed Use Boulevards. Avenues have moderate to high volumes of vehicular traffic, and accommodate equally automobiles, bicycles, and pedestrians within the right-of-way. Transit use, if any, is incidental, and pedestrians are provided with continuous sidewalks five to seven feet wide on both sides of the street. On-street parking is allowed.

Local Street. Automobiles, bicycles, and pedestrians are accommodated equally in the right-of-way. Local streets accommodate low volumes of local traffic and primarily provide access to abutting property. On-street parking is provided, and through-traffic is discouraged.

B.

Correspondence with General Plan Circulation System Classifications. The following table shows how the street classifications used for the street design standards in this Ordinance correspond to the General Plan Circulation System Classifications.

C.

Street Cross-Sections and Dimensional Standards. Street design standards, illustrated in Figure 15.04.710.050(D)(1)-(5), establish typical street sections for each street type. Details include sidewalks, bike lanes, travel lanes, medians/left turn lanes (LTL), two-way left turn lanes (TWLTL), and parking areas. These street sections are intended to:

1.

Provide guidance for a system of complete streets that will implement General Plan policies, the City of Richmond Bicycle Master Plan, the South Richmond Transportation Connectivity Plan, and the City of Richmond Pedestrian Plan.

2.

Ensure that streets have appropriate facilities and dimensions to fulfill their intended function, consistent with the General Plan, the City of Richmond Bicycle Master Plan, the South Richmond Transportation Connectivity Plan, and the Pedestrian Plan, and to support multiple modes of travel.

3.

Ensure that streets have adequate capacity, while minimizing width to create strong neighborhood character and supportive pedestrian environments.

4.

Create a system of sidewalks and bikeways that promote safe walking and bicycle riding for transportation and recreation.

D.

Modification of the Standards for Specific Plans. The street design standards may be modified by specific plans adopted by the City. In these instances, the cross-sections of the adopted specific plans shall apply to new subdivisions in the area subject to the specific plan.

Figure 15.04.710.050-D(1): Street Sections—Auto Arterial

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Figure 15.04.710.050-D(2): Street Sections—Urban Arterial

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Figure 15.04.710.050-D(3): Street Sections—Mixed-Use Boulevard

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Figure 15.04.710.050-D(4): Street Sections—Avenue

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Figure 15.04.710.050-D(5): Street Sections—Local

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E.

Modifications of the Standard Streets for In-Fill Developments. It is recognized that standard streets may not be directly applicable to infill development. In these instances, the Director of Engineering and Capital Improvement Projects may approve modifications to the street standards when applied to in-fill projects to fit a particular situation. Examples of reasons for modification of the standards include the need to

match existing improvements, to promote high residential density in the medium- and high-density and intensity zones, to ensure a safe and appropriate design and/or to accommodate physical design constraints. When determining whether a standard or non-standard street design is appropriate for an in-fill project, a case-by-case evaluation of each location will be used to determine the appropriate street design. In all cases, proper engineering judgment and practices must be applied to the design of the street.

1.

Determination of the appropriate street improvements for a particular project shall be made by the Director of Engineering and Capital Improvement Projects;

2.

In general, the modified street standards will be applied to projects with more than 200 feet of street frontage and where street frontage improvements are required;

3.

If the site has less than 200 feet of street frontage, required street improvements should match existing improvements on the roadway; and

4.

The 200 foot length requirement may be modified if the site is on a corner, the site is on a block that does not have any other frontage improvements, there is an opportunity to adequately transition street improvements to other existing improvements, or some other similar limitations exist. If necessary to separate the sidewalk from the curb, the use of pedestrian access easement(s) outside the right-of-way or other similar modification may be used.

F.

Industrial Streets. Industrial streets shall be used in industrial subdivisions and shall have the following minimum dimensions, unless modified by an adopted specific plan:

1.

Minor Streets.

a.

Right-of-way width: 60 feet

b.

Curb-to-curb width: 44 feet

c.

Planting strip width: 4 feet

d.

Sidewalk width: 4 feet

2.

Collector Streets.

a.

Right-of-way width: 96 feet

b.

Curb-to-curb width: 80 feet

c.

Planting strip width: 4 feet

d.

Sidewalk width: 4 feet

A.

Pedestrian Paths. Pedestrian paths shall be provided when required by the City for public convenience or access to public facilities. Pedestrian paths shall have a hard surface as approved by the Director of Engineering and Capital Improvement Projects of a minimum width of five feet within a minimum right-of-way width of sixteen feet. Concrete paths shall conform to the City's Standard Plan for sidewalks.

B.

Stairways. Where the grade of a pedestrian path exceeds 15 percent, groups of concrete steps shall be placed at appropriate locations in the path. The portion of a path above steps shall slope away from the steps for a minimum distance of 20 feet. A handrail shall be provided for lengths of five or more steps.

C.

Bicycle Paths. Bicycle paths shall consist of asphalt or concrete surfacing with a minimum width of ten feet and a minimum thickness of one and one-half inches within a minimum right-of-way of 16 feet. The maximum grade of a bicycle path shall be ten percent. Design of bicycle paths shall be approved by the Director of Engineering and Capital Improvement Projects.

D.

Multi-use Paths. Multi-use paths shall consist of asphalt concrete or concrete surfacing with a minimum paved width of 12 feet with three-foot wide decomposed granite shoulders on each side for a minimum total width of 18 feet. These paths should be designed to satisfy ADA requirements, have a paved surface thickness adequate to withstand maintenance vehicle traffic and be subject to approval by the Director of Engineering and Capital Improvement Projects. Construction of the Bay Trail shall be required as part of the approval process for any project located on or adjacent to the planned route for the San Francisco Bay and San Pablo Bay Trail, except for construction or renovation of singlefamily homes and duplexes on existing lots, which are exempt from this requirement.

A.

When Allowed. Private streets may be allowed upon approval of the Director of Engineering and Capital Improvement Projects. Private streets serving more than six dwelling units may not be allowed in single-family residential areas. Driveways serving two or more properties shall be considered private streets.

B.

Design. Private streets shall be designed to the same standards as public streets. Private streets serving three or fewer dwelling units shall be designed in accordance with the requirements of the Director of Engineering and Capital Improvement Projects. Entrances to private streets shall be by standard driveway openings.

C.

Maintenance. The subdivider shall arrange for permanent maintenance of private streets in accordance with this Ordinance.

A.

Runoff Design. Stormwater runoff from the subdivision shall be managed on-site or collected and conveyed by a storm drain system approved by the Director of Engineering and Capital Improvement Projects. Maximum runoff shall be computed using the rational method. The rainfall intensity duration curve, contained in the Richmond Storm Drainage Report of 1954, as updated or supplemented by more recent information, and "C" values approved by the Director of Engineering and Capital Improvement Projects shall be used in the computation. Runoff design shall accommodate the full and anticipated future development within the drainage area. In cases where the drainage areas are undeveloped, fully improved conditions shall be determined by the designation of the area on the General Plan and the zoning of the area. The storm drain system shall provide for the protection of abutting properties that would be adversely affected by any increase in runoff attributed to the development, for which off-site storm drain improvements may be required.

B.

Capacity of Channels and Conduits. Drainage channels and conduits shall have the following minimum capacities:

Major Drainage Channels. Major drainage channels and conduits shall have sufficient capacity to contain a fifty-year frequency of occurrence runoff.

2.

Secondary Drainage Channels. Secondary drainage channels and conduits shall have sufficient capacity to contain a twenty-five-year frequency of occurrence runoff.

3.

Minor Drainage Channels. Minor drainage channels, conduits and appurtenant facilities shall have sufficient capacity to contain a ten-year frequency of occurrence runoff.

C.

Closed Conduit System. Stormwater shall be placed in conduits when the gutter now comes within an inch of the top of the curb or when the flow encroaches on the travelled portion of the street. Open flow shall not be allowed across a street. Stormwater in natural or artificial drainage channels shall be placed in closed conduits where the quantity does not exceed eighty cubic feet per second, except that the Zoning Administrator may recommend that an existing natural watercourse, endowed with significant natural beauty in the form of trees, shrubs or scenic attraction, may be utilized for an open drainage facility with such drainage improvements as may be designated by the Director of Engineering and Capital Improvement Projects when such areas are dedicated for public use.

D.

Conduit. The minimum conduit size shall be 12 inches. In general, all storm drain conduit shall be standard strength reinforced concrete pipe. All storm sewers shall have a minimum invert grade not less than that which will provide a minimum velocity of two and one-half feet per second for the design flow. Radii of curves in conduit must be approved by the Director of Engineering and Capital Improvement Projects and shall not be less than those recommended by the pipe manufacturer.

E.

Manholes. A standard manhole shall be constructed at all changes in horizontal or vertical alignment and at least one manhole shall be constructed every eight hundred feet on straight runs of pipe. A standard manhole shall be constructed at all pipe intersections.

F.

Inlet Structures. Standard inlet structures shall be constructed at each pickup point in the system. Inlets shall be as shown on the city standard plans and as directed by the Director of Engineering and Capital Improvement Projects. No more than two inlets shall be on any one lateral line. The maximum difference between gutter inlet elevation and pipe outlet flow-line elevation shall be five feet.

G.

V-Ditches. Standard v-ditches shall intercept runoff from slopes. The city shall not accept maintenance of v-ditches. Design flow in v-ditches shall be at least one inch below the top of the ditch. Pickup points in v-ditches shall be at locations approved by the Director of Engineering and Capital Improvement Projects.

H.

Tidal Action. Drainage structures shall account for tidal action, where applicable, and drainage shall be accomplished by gravity without surcharge in catchbasins or manholes except by design.

I.

Minimum Curb Elevation. The minimum top of curb elevation shall be 7.83 feet.

The City's Sewer Standards apply and are hereby incorporated by reference. All sanitary sewer design shall conform to the standards of the California Plumbing Code, the American Society for Testing and Materials (ASTM), American Water Works Association, California Department of Health Services, and the City and/or Sewer District Standard Specifications. In the event of a conflict among the criteria in these documents, the City Manager shall determine which document governs.

A.

Sewer Districts. All sewers shall be in accordance with the provisions of this section and the regulations of the sewer district within which the sewer is located. In case of conflict between these provisions and the sewer district regulations, the more stringent regulation shall govern.

B.

Sewer Service. Each building site within the subdivision shall be provided with sewer service from an approved sewer system.

C.

Pipe Size. All sanitary sewer mains shall be at least eight inches in diameter and all sewer laterals shall be at least four inches in diameter.

D.

Slope. All sanitary sewer mains shall have a minimum invert grade not less than that which will provide a minimum velocity of two feet per second at the design flow.

E.

Cover. All sanitary sewer mains shall have a minimum cover of three feet measured from the surface of the pavement.

15.04.710.100 - Planting.

A.

Roadway Planting. Planting bordering public ways shall be as directed by the Director of Engineering and Capital Improvement Projects.

B.

Existing Trees. Existing trees shall be preserved whenever such trees are suitably located, healthy, and of a desirable variety. The Director of Engineering and Capital Improvement Projects shall make an inspection of existing trees to determine the health and desirability of species; his/her determination shall be final.

C.

Slope Planting. All cut and fill slopes shall be planted as directed by the Director of Engineering and Capital Improvement Projects and the Director of Engineering and Capital Improvement Projects.

D.

Landscaping. Landscaping of public and private land shall be as directed by the Director of Engineering and Capital Improvement Projects.

15.04.710.110 - Signs.

A.

Street Name Signs. Street name signs shall be installed by the subdivider or his representative at all intersections of streets and named paths, and shall be conspicuous to pedestrian and vehicular traffic in all directions. The post shall be installed two feet from the curb face or at such other location that will not block pedestrian use of the sidewalk. Street name signs shall conform to the City Standard Plans. Private street signs may be of a different type if approved by the Director of Engineering and Capital Improvement Projects. A "Private Street" sign shall be placed on each private street.

B.

Warning and Regulatory Signs. The subdivider or his representative shall install all necessary traffic and warning signs as determined by the Director of Engineering and Capital Improvement Projects at locations specified by the Director of Engineering and Capital Improvement Projects. Such signs shall conform to the current Sign Chart of the State of California, Department of Transportation. All signs shall be installed at the expense of the subdivider.

C.

Pavement Markings. The subdivider or his representative shall install all necessary pavement markings as determined by the Director of Engineering and Capital Improvement Projects. Pavement markers shall be installed on all collector streets and arterials as specified by the Director of Engineering and Capital Improvement Projects.

A.

Lighting Required. Adequate lighting shall be provided in all subdivisions along all streets, paths, bicycle ways, private streets, and other pedestrian or vehicular ways.

B.

Materials. Street lighting standards shall be as shown on the city Standard Plans. Path lighting standards shall be as approved by the Director of Engineering and Capital Improvement Projects. Either a pull box or a street lighting standard with a handhole shall be placed at all sharp bends in the conduit or every 200 feet on straight runs of conduit.

C.

Illumination Intensity. Spacing of street lighting standards shall be approved by the Director of Engineering and Capital Improvement Projects. Size of luminaires and length of mast arms shall be as shown on the city standard plans. The minimum average illumination as determined by the Director of Engineering and Capital Improvement Projects shall be 1.0 foot-candle for major arterials, 0.6 foot-candle for collector streets, 0.4 foot-candle for minor streets, and 0.2 foot-candle for paths.

A.

Service to Lot Line. Services from public utilities and sanitary sewers shall be made available for each lot in such manner that the street pavement, curb and gutter will not have to be disturbed when service connections are made.

B.

Underground Electrical Service. Communication and electric facilities installed in and for the purpose of serving the subdivision shall be placed underground in streets, alleys, highways, or in easements provided by the subdividers, as determined by the Director of Engineering and Capital Improvement Projects. At the time of the filing of the final map or parcel map, the subdivision shall automatically become an underground utility district and shall conform to the requirements of Chapter 12.48 of the Richmond Municipal Code. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts, may be installed aboveground. The subdivider shall be responsible for compliance with this requirement, shall make the necessary arrangements with the utility companies, and shall submit satisfactory evidence thereof prior to the approval of the improvement plans.

C.

Electrical Utilities in Industrial Subdivisions. In subdivisions which are zoned for general industrial use communication and electrical facilities may be installed overhead. Such overhead facilities and their associated poles and appurtenances shall be placed upon easements at the rear of lots or along lot lines, and shall not be permitted in the street right-of-way nor in front of lots abutting the street right-of-way.

D.

Water Distribution System. Subdivisions shall be provided with a water system with mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply to each lot of the subdivision in accordance with the standards of the utility serving the area and with sufficient fire hydrants, gated connections and appurtenances to provide adequate fire protection in accordance with the standards of the fire department of the City and of the fire district in which the subdivision is located.

A.

A subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

B.

Examples of passive or natural cooling opportunities include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

C.

Consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure.

D.

The requirements of this section do not apply to condominium projects that consist of the subdivision of airspace in an existing building when no new structures are added.

E.

For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

A.

Designation as a Hillside Subdivision. Any hill area which is proposed to be developed in substantial compliance with the policies set out in Resolution No. 8620, adopted by the City Council on April 19, 1965, and any amendments thereto, may be designated a hillside subdivision by the Director. Hillside subdivisions shall be designed in accordance with the standards of this section; said standards shall take precedence over conflicting standards elsewhere in this Ordinance. The standards and requirements of this section are enacted for the purpose of preserving, enhancing and promoting the existing and future appearance and resources of hill areas, and for protecting the public safety in the development of hill areas.

B.

Grading. A preliminary grading plan, signed by the registered civil engineer who prepared the soil investigation and geological reconnaissance report, shall be submitted as a part of all tentative maps and tentative parcel maps. All grading shall be shaped to complement the natural land forms. The successive padding or terracing of building sites in the hills shall be avoided.

C.

Erosion Control. All manufactured slopes, other than those constructed in rock, shall be planted or otherwise protected from erosion and shall be benched or terraced as necessary to provide for adequate stability. Irrigation facilities shall be required where necessary to provide for proper maintenance of planted areas. Irrigation facilities and erosion control planting as recommended by the soils engineer and approved by the Director of Engineering and Capital Improvement Projects shall be installed as soon as possible after grading. Manufactured slopes in rock shall be provided with soil pockets to contain landscaping where appropriate.

D.

Slope Maintenance. The city will not accept maintenance of slopes except those within a public street right-of-way.

E.

Street Intersections. The angle of intersection of two streets shall be at least sixty degrees and not more than one hundred twenty degrees.

F.

Street Grades. Collector streets may have a maximum grade of 15 percent for short distances, subject to the approval of the Director of Engineering and Capital Improvement Projects. Minor streets may have a maximum grade of 20 percent for short distances, subject to the approval of the Director of Engineering and Capital Improvement Projects. All lots having vehicular access exclusively on streets with grades greater than 15 percent shall be subject to the approval of the Director of Engineering and Capital Improvement Projects and the Fire Chief.

G.

Sidewalks. Sidewalks may be omitted from one side of minor or collector streets if approved by the Director of Engineering and Capital Improvement Projects. Where sidewalks are omitted, there shall be a minimum of five feet from the curb face to the property line, and the rightof-way widths may be reduced accordingly.

H.

Parking. Parking may be eliminated on one or both sides of a street, subject to the approval of the Director of Engineering and Capital Improvement Projects, where existing topography renders development adjacent to the street impractical, where the street serves solely as an access road, or where an adequate number of off-street parking spaces are provided on each lot adjacent to the street. One-lane one-way streets or two-lane two-way streets without parking lanes shall be provided with emergency parking stalls adequate for at least two vehicles. Emergency parking stalls shall be provided for every 500 feet of roadway without parking lanes, and the stalls shall be a maximum of 600 feet apart.

I.

Driveways. Driveways on streets with a grade greater than 15 percent or on streets with no parking lanes shall be subject to the approval of the Director of Engineering and Capital Improvement Projects.

ARTICLE 15.04.711 - COMMON INTEREST DEVELOPMENT

A.

Purpose. The purpose of this section is to establish development and design standards, procedures and required findings for new condominiums, stock cooperatives, community apartments, or any other subdivision of community owned property to prevent problems inherent in community ownership that might be detrimental to the health, safety, and welfare of residents of such projects and the community at large. More specifically, the purposes of this section are to:

1.

Ensure that new condominiums meet sound construction criteria required under state and local regulations, that reasonable amenities are provided to condominium residents, and that the character of condominium projects is compatible with nearby structures;

2.

Promote the creation of condominium projects to provide a reasonable balance of rental and ownership housing in Richmond and meet the variety of housing needs for all income groups in the city; and

3.

Protect the interest of condominium homeowners under the special conditions created by condominiums by ensuring adequate provision for long-term management.

B.

Development Standards. In addition to the development standards established in the Zoning Ordinance, the following development standards apply to common interest developments:

1.

Laundry Facilities. All units shall be equipped with space and outlets for washers and dryers.

2.

Open Space. Total usable open space in a common interest development having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing Private Open Space, Common Open Space, or a combination of the two.

3.

Private Open Space. Private Open Space must be located within the project, directly accessible from one unit, and separate and distinct from Common Open Space.

a.

Qualifying Facilities. Private Open Space may include but not necessarily be limited to decks, balconies, porches, patios and enclosed yards.

b.

Standards. Private Open Space must have minimum dimensions no less than six feet when a horizontal rectangle is inscribed within it; have at least two weatherproofed electrical outlets; and be at approximately the same level as, and immediately accessible from, a room within the unit.

4.

Common Open Space. Common Open Space must be located within the project, and accessible to all dwelling units that it is designed to serve. Common Open Space may not include driveways and parking areas. It must be located at least 15 feet from any door or window of any dwelling unit.

a.

Permitted Accessory Structures. Accessory structures within Common Open Space may include but are not limited to benches, tables and BBQ structures.

b.

Standards. Common Open Space must be designed for the leisure use by all residents; have minimum dimensions of no less than 10 feet when a horizontal rectangle is inscribed within it; and be open to the sky.

5.

Recreational Open Space.

a.

Requirement. In addition to the Private and Common Open Space requirements above, a project of 25 units or more shall provide at least one element of Recreational Open Space. For projects of 100 or more units, a multi-purpose or recreation room shall be provided.

b.

Location and Access. Recreational Open Space must be located within the project, and accessible to all units of the project. Any Recreational Open Space element must be located at least 15 feet from any door or window of a dwelling unit.

c.

Qualifying Facilities. Recreational Open Space must be designed for active use by all residents, and may include but is not limited to game courts, recreational rooms, swimming pools, garden roofs, sauna baths, putting greens, or play lots.

6.

Modification of Open Space Requirement. The Open Space requirements above may be modified by the Planning Commission, based on findings that a project site is physically constrained, or that the quality of life accommodated by the project will not be compromised, or that the residents will benefit from other amenities that are located in close proximity to the project site.

7.

Guest Parking. A minimum of one on-site visitor parking space shall be provided for every three units in low density residential neighborhoods, as designated in the General Plan. The Planning Commission may waive up to five percent of the resident and guest parking ratio requirement, based upon a finding of unique circumstances of the site, location or occupancy of the project. In no case shall requirements established in the Zoning Ordinance for assigned resident spaces be waived.

8.

Storage Space. Each unit shall have a minimum of 200 cubic feet of Storage Space that is enclosed, weatherproofed and lockable, with no less than a horizontal surface area of 25 square feet, and an interior dimension of 3½ feet. If the space is a reach-in type, it shall have an opening of 3½ feet by six feet. If the space is a walk-in type, it shall have a minimum clear access opening of 2½ feet by 6⅔ feet. This Storage Space shall be in addition to guest, linen, food pantry, and clothes closets that are customarily provided in each unit. In addition, Storage Space:

a.

May be provided in any location that is safe, convenient, and unobtrusive, but shall not be divided into two or more locations; and

b.

If located within a Common Area, the Condominium Owners' Association shall be responsible for the care and maintenance of the exterior surface of the space.

9.

Trash and Recycling Collection Areas. Trash and recycling collection areas shall be provided within 250 feet of the units they are designed to serve, and shall comply with the Central Contra Costa Sanitary District's specifications for trash enclosures.

10.

Utilities. All utility meters and other utility apparatus shall be concealed from public view.

11.

Budget for Maintenance. Copy of the approved proposed budget for maintenance and operation of common facilities, plus reserves, including the estimated monthly costs to the owner of each unit, projected over a five-year period. Such budget shall be reviewed or prepared by a

professional management firm familiar with costs of similar properties, or by other qualified professional, and that firm or person shall provide a statement of recommendations on the budget, together with a statement of professional qualifications.

12.

Warranties. The developer shall provide to the Condominium Owners' Association the following minimum warranties from the date of Final or Parcel Map approval, unless otherwise specified:

a.

Roof and Exterior Finish. A five-year warranty that all roofs and exterior finishes have been repaired as is necessary to ensure weatherproof conditions.

b.

Moisture Barriers. A five-year warranty that moisture barriers are sufficient to prevent collection of moisture on the ground under the buildings.

c.

Paved Areas. A five-year warranty of a useful life for all paved areas within the project.

d.

Swimming Pools. A five-year warranty of structural soundness.

e.

Appliances. A one-year warranty at the close of escrow on any fixed appliances appurtenant to each unit.

f.

Condition of Equipment Owned in Common. A one-year warranty at such time as escrow has closed on the sale of 51 percent of the units that all appliances and mechanical equipment to be owned in common are in operable working condition. The developer shall be responsible to maintain any appliances and mechanical equipment prior to the time that 51 percent of the units are sold.

g.

Reserves. The developer shall establish the following minimum reserves prior to issuance of the first certificate of occupancy. One fund in the name of the Association shall be earmarked for long-term reserves for capital maintenance replacement, and shall be equal to two times the estimated monthly assessment for each dwelling unit. A second fund, established through cash deposit or bond, equal to $500 for each dwelling unit in the project, shall provide minimum security for the various warranties required by this subsection. Such fund shall be maintained for the maximum period of the warranties.

C.

Contents of the Covenants, Conditions, and Restrictions (CC&Rs). Project covenants, codes, and restrictions (CC&Rs) shall be developed, and shall be reviewed and approved by the City Attorney and Zoning Administrator prior to approval of the Final or Parcel Map. In addition to the following provisions, the CC&Rs shall reference by incorporation the approved Conditions of Approval, and shall be recorded in conjunction with the Final or Parcel Map.

1.

Conveyance of Private Open Space. The surface area and appurtenant air space of Private Open Space areas, including but not limited to the patio, deck, balcony, solarium, or atrium and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.

2.

Conveyance of Storage Space. The surface and appurtenant air space of Storage Space areas shall be described and conveyed in the declaration as an integral part of the unit.

3.

Assignment and Use of Required Parking Spaces. Required parking spaces shall be permanently and irrevocably specifically assigned to particular units within the project. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required parking space of another unit. All units shall be assigned at least one parking space and may rent additional spaces from the Association. All parking spaces shall be used solely for the purpose of parking

motor vehicles as defined by the California Vehicle Code, and shall not be used for trailers, unmounted campers, boats, or similar recreational vehicles.

4.

Right of Public Entry to Common Area. Officers, agents, and employees of the city, the county, the state, and the United States Government, and any department, bureau, or agency thereof, shall have the right of immediate access to all Common Areas at all times for the purpose of preserving the public health, safety, and welfare, except in those instances where a Common Area is accessible only through a private unit.

5.

Maintenance of Common Area. Provision shall be made both for annual assessments of the owners for maintenance and special assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, or replacement of a capital improvement upon the Common Area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies that the Association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment. Assignment of the maintenance responsibilities of all improvements and utility systems for each unit shall be specified.

6.

Sharing of Water Costs. When separate water meters are not provided for each unit, the CC&Rs shall make provisions for the equitable sharing of water costs.

7.

Utility Easements over Private Streets and Other Areas. Required public utility easements shall be referenced and any required access routes necessary to assure that firefighting equipment can reach and operate efficiently in all areas shall be provided.

8.

Access for Construction, Maintenance, or Repairs. Each Owner of a Condominium Unit and the Condominium Owners' Association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance, or repair for the benefit of the Common Area or the owners of the units in common.

9.

Right to Terminate Management and Maintenance Contracts. Unless otherwise prohibited by law, or any local, state, or federal regulation, reference shall be made to the Association's right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the Association assumes control of the project, or at that time renegotiate any such contracts.

10.

CC&R Amendments. A statement that the CC&Rs shall not be amended, modified, or changed without first obtaining the written consent of the City.

15.04.711.020 - Condominium, Community Apartment, and Stock Cooperative Conversion Regulations.

A.

Purpose. The purpose of this section is as follows:

1.

To regulate and control the conversion of residential rental property to condominiums and other community housing;

2.

To implement the goals and policies of the General Plan;

3.

To implement and supplement the provisions of the state Subdivision Map Act;

To prohibit the conversion of residential rental property to condominiums and other community housing when, after conversion, the project will consist of fewer than five units.

B.

Conversion Defined. "Conversion" means a proposed change in the type of ownership of a parcel or parcels of land, together with the existing attached structures, from residential rental property to a condominium project or community apartment project containing five or more units, regardless of whether substantial improvements have been made to such structures.

C.

Tenant Notifications—By Subdivider.

1.

The subdivider shall give written notice of intention to convert at least 60 days prior to the filing of a tentative map to each tenant of the property to be converted.

2.

The subdivider shall give written notice, commencing at a date not less than 60 days prior to the filing of a tentative map, to each person applying after such date for rental of a unit of the property to be converted immediately prior to the acceptance of any rent or deposit from the prospective tenant by the subdivider.

3.

The subdivider, if a public report is required by the California Department of Real Estate, shall give written notice to each tenant of the property to be converted, at least ten days prior to final city action on the related final map, that an application for a public report will be or has been submitted to the California Department of Real Estate, and that such report will be available on request.

4.

The subdivider shall give written notice to each tenant within ten days of approval of a final map for the proposed conversion.

5.

The subdivider shall give at least 180 days' written notice to each tenant of subdivider's intention to convert prior to termination of tenancy due to the proposed conversion.

6.

The subdivider shall give each tenant written notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, or for a similar period following final city approval of the related map, unless the tenant gives prior written notice of his or her intention not to exercise the right.

7.

The written notices referred to above shall be deemed satisfied if they comply with the legal requirements of service by mail.

8.

Immediately following the giving of the above notices, subdivider shall furnish the Director with evidence sufficient to demonstrate that the required notices have been properly and timely given.

D.

Tenant Notification—By City.

1.

The City shall give at least ten days' written notice to each tenant of the date, time, and place of any public hearing held by the Planning Commission on the tentative map or tentative parcel map.

The City shall serve a copy of any report or recommendation on a tentative map by the Planning Division staff on the subdivider and on each tenant of the subject property at least three days prior to any hearing or action on such map by the Planning Commission or City Council.

3.

The City shall mail notice to each tenant of the subject property at least three days prior to any hearing upon an appeal filed on Planning Commission action with respect to a tentative map regarding conversion.

4.

The written notices referred to above shall be deemed satisfied if they comply with the legal requirements of service by mail.

E.

Tentative Map and Tentative Parcel Map Requirements. In addition to other information required by this Ordinance, and the information and notices required by this section, the tentative map or tentative parcel map application shall be accompanied with the following information:

1.

A current list of the names, ages and addresses of all tenants of the property proposed to be converted. This list must be kept current and accurate at all times during the conversion process;

2.

A report prepared and signed by both a California licensed general contractor and a registered civil engineer on the physical condition of the structure, or structures to be converted containing the following:

a.

Describe the condition and useful life of the roof and foundations, and the mechanical, electrical, plumbing and structural elements of all existing structures on the property,

b.

Describe and rate existing condition of insulation surrounding each unit for fire safety and noise ratings, and

c.

Estimate future property maintenance costs;

3.

A structural pest report prepared and signed by a licensed pest control operator, conforming to California Business and Professions Code Section 8516;

4.

Five copies of accurately drawn floor plans and plot plans showing what the project will be like after conversion;

5.

Any additional information which the Director of Planning and Building Services or Director of Engineering and Capital Improvement Projects may require to determine whether the project is consistent with the goals and policies of the General Plan and this Ordinance.

F.

Action on Tentative Maps and Tentative Parcel Maps. No tentative map or tentative parcel map shall be approved and no building permit shall be issued unless the appropriate approving body makes the following findings:

1.

Each unit shall be provided with private open space or shall have access to common area open space areas meeting the requirements of the zoning district in which the project is located.

2.

Each dwelling unit shall be separately metered for gas and electricity.

Each dwelling unit in a structure to be converted will, after conversion, conform to the minimum requirements of the building code of the City of Richmond and all applicable state codes in effect at the time of filing a complete application for conversion.

4.

Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the Planning Division, but shall not be divided into more than two locations.

5.

Either a laundry area in each unit or common laundry areas shall be provided; provided such facilities shall consist of not less than one automatic washer and dryer for each five units or fraction thereof.

6.

A landscape plan, including an irrigation system, has been submitted to and approved by the city's department of recreation and parks.

7.

Permanent on-site parking will be provided which meets the minimum requirements of the zoning district within which the project is located.

8.

Approval of the conversion will not be inconsistent with the goals and policies of the General Plan.

9.

After conversion, no access from one unit to another unit in the attic area above units will be possible.

G.

Conversion Application Form and Fees. The Director of Planning and Building Services may develop a conversion application form to assist with the implementation and administration of this section and shall charge all applicants fees therefor as set forth in a resolution adopted by the City Council.

H.

Moving Expenses and Rental Payments.

1.

Failure of the subdivider to give the required notice shall not be grounds to deny a conversion. However, if such notice is not given, the subdivider shall pay to each prospective tenant who becomes a tenant and who was entitled to such notice, and who does not purchase his or her unit pursuant to this section, an amount equal to the sum of the following:

a.

Actual moving expenses incurred when moving from the subject property, and

b.

The first month's rent on the tenant's new rental unit, if any, immediately after moving from the subject property, but not to exceed two times the tenant's monthly rental rate immediately prior to moving.

2.

The subdivider shall provide moving expense assistance to displaced rental housing tenants who are residents at the time of delivery of the notice of intent to convert, the amount of which shall not be less than two times the monthly rental rate of the unit in effect at the time of vacation of said unit.

I.

No Sales Before Project Conversion Completed. No unit in a project may be sold until after the entire project covered by the final map has been converted and all requirements of this article implemented or bonded in compliance with all requirements of this section and the Director of Engineering and Capital Improvement Projects so certifies.

J.

Condominium Owner's Association and Restrictions.

1.

The subdividers shall form a condominium owner's association prior to assumption of project management by the association.

2.

The covenants, conditions and restrictions (CC&Rs) for the conversion project shall provide for ownership and maintenance of all project and common area improvements.

3.

The subdivider must contract with a professional management firm for a period of at least one year from the date that the owners comprise the majority of the board of directors of the Association to manage the project and advise the Association.

4.

Prior to approval of the final map, the subdivider shall provide the Director of Planning and Building Services with evidence of establishment of a fund in the name of the Association. Such fund shall be earmarked for long-term revenues for replacement of common area improvements and shall be equal to not less than 100 dollars for each dwelling unit or whatever higher amount may be required by the California Department of Real Estate.

5.

The CC&Rs shall state that discrimination against families with children is prohibited unless the entire project is exclusively established and maintained for persons sixty-two years of age and older.

K.

Warranty to Purchasers/Condominium Owner's Association. A warranty granting to each purchaser a one-year warranty on all appliances installed in his or her unit, and further granting to the Association and to all purchasers of individual units a five-year warranty on all structures in the project and on all electrical, heating, air conditioning, plumbing, ventilation equipment, roofing, elevators and exterior covering.

L.

Rent Increase Limitation. Upon filing an application for conversion with the City, a tenant's residential rent shall not be raised by more than the amount of 100 percent of the change in the Consumer Price Index—rental component for the San Francisco-Oakland SMSA for the previous twelve-month period prior to filing. The rental increase limitation is cumulative within each successive twelve-month period and shall apply to subleased units.

M.

Temporary Relocation. In the event that any tenant or renter of a unit enters into a written agreement with the subdivider to purchase their unit once it has been converted and is thereafter required to temporarily vacate or is temporarily displaced from said unit because the subdivider is renovating or effecting certain structural modifications to comply with the subdivider's plans or the City's requirements, the subdivider shall be responsible for:

1.

Finding suitable temporary replacement housing for such tenant and, if the monthly rent is higher for the replacement housing than for the unit vacated, pay the difference in such monthly rent; and

2.

Paying such tenant's actual moving expenses in temporarily moving from said unit and moving back into the unit when the renovation or structural modifications have been completed and approved by the city.

N.

Right to Cancel Purchase Agreement. The subdivider shall provide a written statement granting to each purchaser of a unit the right to cancel their purchase of such unit, without cost or liability, provided they give written notice of cancellation to the subdivider within five days after they sign a purchase agreement.