Article 15.04.804 — ZONING COMPLIANCE REVIEW

This article establishes procedures for conducting a zoning compliance review to verify that each new or expanded use or structure complies with all of the applicable requirements of Article XV.

Zoning compliance review is required for buildings or structures erected, constructed, altered, repaired or moved, the use of vacant land, changes in the character of the use of land or building, or for substantial expansions in the use of land or building that are allowed as a matter of right by Article XV. Before the City may issue any business license, building permit, subdivision approval, lot line adjustment, or any other license, approval, or permit, the Zoning Administrator must review the application to determine whether the use, building, or change in lot configuration complies with all provisions of Article XV, any applicable specific plan and any prior design review, Use Permit or Variance approval, and that all conditions of such permits and approvals have been satisfied.

A.

Application. An application for zoning compliance review must be filed and processed in accordance with the provisions of Article 15.04.803 (Common Procedures).

B.

Determination. The Zoning Administrator must review the application to determine whether the proposed use or construction is allowed by right, requires any type of discretionary planning permit, is allowed pursuant to any previously approved permit, or is prohibited. If the Zoning Administrator determines that the proposal conforms to the requirements of Article XV and any applicable specific plan, a Zoning Certificate will be issued. If the Zoning Administrator determines that the proposal does not conform to the requirements of Article XV or any applicable specific plan, a Zoning Certificate will not be issued, and the applicant will be advised as to how the proposal can be brought into compliance.

The Zoning Administrator's determination may be appealed to the Planning Commission in accordance with Section 15.04.803.140 (Appeals).

ARTICLE 15.04.805 - DESIGN REVIEW

A.

Purpose. This article establishes objectives, standards, and procedures for conducting design review. The purpose of these provisions is to ensure that new development supports the General Plan and any applicable specific plan and more specifically to:

1.

Promote high quality, pedestrian-friendly, and sustainable design;

2.

Ensure that new development and uses will be compatible with the existing and potential development of the surrounding area; and

3.

Supplement other City regulations and standards in order to ensure control of aspects of exterior design that are not otherwise addressed and have a bearing on land use compatibility and neighborhood fit.

B.

Applicability. Design review is required for all projects that require a permit for new construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure, site, or a parking area except for:

1.

Replacement in kind.

2.

Decks no higher than four feet at any point (excluding railings).

3.

Residences and residential additions of less than 500 square feet in area and less than 15 feet in height, including but not limited to minor window, door, and roof modifications. Exceptions may not be granted from design review for more than one addition in any 12-month time frame.

4.

Accessory structure of less than 250 square feet in area and less than nine feet in height.

5.

Commercial or mixed use additions or improvements of less than 1,000 square feet that do not abut a residential zoning district.

6.

Industrial additions or improvements of less than 1,000 square feet that do not abut a residential zoning district.

7.

Temporary structures of less than 500 square feet total floor area on non-residentially-zoned property, not abutting a residential zoning district.

8.

Single-family homes consistent with the architecture and design standards of a previously approved Planned Area district.

9.

Small residential rooftop solar energy systems.

10.

Solar panels located on roofs or on the ground.

Exterior alterations required by State or federal law or other public agencies.

C.

Historical Resources. Any exterior development of a structure or specific site feature listed on the National Register of Historic Places or the California Register, identified as a contributing structure to a historic district, identified in other state or local historic registries, or as determined by a qualified architectural historian or State or federal historic preservation organization as having significant historic contribution to an area may not be exempt from design review.

Minor and major design review is established as follows:

A.

Minor Design Review.

1.

Projects Subject to Minor Design Review. Projects subject to minor design review include:

a.

Exterior construction and/or site planning of residences and residential additions of more than 500 square feet in area but less than 1,200 square feet total floor area and less than 15 feet in height.

2.

Decision-maker. The Zoning Administrator conducts minor design review and makes a decision to approve, approve with conditions, or deny the design. The Zoning Administrator, in his or her discretion, may refer any application for design review to the Design Review Board for a decision, in which case the application will be reviewed under the major design review procedures.

B.

Major Design Review. The Design Review Board conducts major design review and makes a decision to approve, approve with conditions, or deny a design for any non-exempt project that is subject to design review under subsection 15.04.805.010(B) and does not qualify for minor design review under Section 15.04.805.020.

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

A.

Common Procedures. Applications for design review must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures). The Zoning Administrator's determination of what constitute a complete application is final and not subject to review by the Board.

B.

Concurrent Processing; Sequence of Review. When a development project requires a Use Permit, Variance, or any other discretionary approval, the design review application may be submitted to the Planning Division as part of the application for the Use Permit, Variance, or other discretionary approval. The Zoning Administrator has the authority to require consideration of the Use Permit, Variance, or other discretionary approval prior to Design Review.

C.

Working with the Neighborhood Council. All applicants for design review, including administrative design review, are strongly encouraged, but not required, to work with their neighborhood council to resolve issues and concerns prior to submitting an application for design review.

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

When conducting design review, the Zoning Administrator or the Design Review Board must evaluate applications to ensure that they satisfy the following criteria, conform to the policies of the General Plan and any applicable specific plan and adopted Design Guidelines, and are

consistent with any other policies or guidelines the City Council may adopt for this purpose. Building permit details are beyond the scope of design review. To obtain design review approval, projects must satisfy these criteria to the extent they apply.

A.

The overall design of the project, including its scale, massing, site plan, exterior design, and landscaping, reflects design integrity and the relationship of form and function in a coherent manner.

B.

The project design evidences a sense of place; does not overwhelm or adversely impact adjoining properties; and respects prevailing setbacks and the scale of neighboring buildings and how they relate to the street.

C.

The project's design elements, materials, signage, and landscaping are internally consistent, fully integrated with one another, and applied in a manner that is visually consistent with the proposed architectural design.

D.

Lighting and lighting fixtures are designed to complement buildings, be of appropriate scale, provide adequate light over walkways and parking areas to create a sense of pedestrian safety, and avoid creating glare.

E.

The proposed building design and landscaping supports public safety and security by allowing for surveillance of the street by people inside buildings and elsewhere on the site.

F.

Landscaping is designed to be compatible with and enhance the architectural character of the buildings on site. Proposed planting materials avoid conflicts with views, lighting, and signage.

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

The Zoning Administrator or Design Review Board may only approve a design review application if he, she, or it finds that the application is consistent with:

A.

The General Plan and any applicable specific plans;

B.

Any applicable design guidelines;

C.

Any approved tentative map, Use Permit, Variance, or other planning or zoning approval that the project required; and

D.

The design review criteria in Section 15.04.805.040 (Design Review Criteria).

When approving the design of a project, the Zoning Administrator or the Design Review Board may impose reasonable conditions related to design impacts caused by the project application in order to:

A.

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

B.

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

C.

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

No condition of approval can impose further discretionary review of the project by the Design Review Board.

A.

Expiration, Extensions and Modifications. Design review approval is effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

B.

Appeals. The Zoning Administrator's decision on a minor design review application may be appealed to the Planning Commission, and the Design Review Board's decision on a major design review application may be appealed to the Planning Commission in accordance with Section 15.04.803.140 (Appeals).

ARTICLE 15.04.806 - USE PERMITS

This article establishes procedures for the approval, conditional approval or disapproval of Use Permits when required by Article XV. A Use Permit is an administrative permission for uses not allowed as a matter of right in a district.

A.

Conditional Use Permits. The Planning Commission must approve, conditionally approve, or deny applications for Conditional Use Permits based on consideration of the requirements of Article XV.

B.

Administrative Use Permits. The Zoning Administrator must approve, conditionally approve, or deny applications for Administrative Use Permits based on consideration of the requirements of Article XV. The Zoning Administrator may, at his/her discretion, refer any application for an Administrative Use Permit for a project that may generate substantial public controversy or involve significant land use policy decisions to the Planning Commission for a decision rather than acting on it himself/herself. In that case, the application must be processed as a Conditional Use Permit.

A.

Common Procedures. Applications for Use Permits must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures).

B.

Public Notice and Hearing. All applications for Conditional Use Permits require public notice and hearing before the Planning Commission, and all applications for Administrative Use Permits require public notice and hearing before the Zoning Administrator. All hearings shall be conducted in accordance with Article 15.04.803 (Common Procedures).

The decision-maker must make all of the following findings in order to approve or conditionally approve a Use Permit application. Findings must be made on the basis of the application, plans, materials, and testimony submitted at the hearing. The inability to make one or more of the findings is grounds for denial of an application.

A.

The location of the proposed conditional use is in accordance with the General Plan and any applicable specific plan and the land use designations for the project site;

B.

The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

C.

The proposed use will not create any nuisances arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding ambient conditions;

D.

The proposed use complies with all applicable provisions of Article XV; and

E.

The site of the proposed use is adequately served by highways, streets, water, sewer, and other public facilities and services.

The decision-maker has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the General Plan, any applicable specific plan adopted by the City Council, and Article XV are met. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

15.04.806.060 - Decisions; Appeals, Expirations and Extensions; Modifications; Revocations.

A.

Appeals. A decision of the Zoning Administrator may be appealed to the Planning Commission, and a decision of the Planning Commission may be appealed to the City Council, in accordance with Section 15.04.803.140 (Appeals).

B.

Expiration, Extensions and Modifications. Use Permits are effective and may only be extended or modified as provided for in Section 15.04.803.110 and 15.04.803.120 (Common Procedures).

C.

Revocations. A Use Permit may be revoked pursuant to Section 15.04.803.130 (Revocation).

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

ARTICLE 15.04.807 - TEMPORARY USE PERMITS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 04-23 N.S., § I(Exh. A), adopted April 18, 2023, amended art. 15.04.807, §§ 15.04.807.010—15.04.807.090 in its entirety to read as herein set out as §§ 15.04.807.010—15.04.807.120. Former art. 15.04.807, pertained to temporary use permits, and derived from the original Code and Ord. No. 30-18 N.S., § I(Exh. A), adopted Dec. 18, 2018.

A.

Purpose. This article establishes a process for review and approval of certain uses that are intended to be of limited duration of time and will not permanently alter the character or physical facilities of the site where they occur, nor prevent development of future uses as envisioned by the General Plan or any applicable specific plan.

B.

Applicability. A Temporary Use Permit is required for temporary uses that are not otherwise permitted in the base zoning district regulations but meet the standards of this article and for temporary uses identified in base district regulations or regulations for specific uses in Section 15.04.610.410 (Temporary Uses) required to have Temporary Use Permit.

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

15.04.807.020 - Procedures.

A.

Common Procedures. An application for a Temporary Use Permit must be filed and processed in compliance with procedures in Article 15.04.803 (Common Procedures). An application must be submitted at least 30 days before the use is intended to begin. The application must include the written consent of the owner of the property or the agent of the owner.

B.

Decision-Maker. The Zoning Administrator may approve, approve with conditions, or deny applications for temporary uses without a public hearing, except temporary use permits for special events, which may be approved by the Director of Community Services.

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

The follow[ing] temporary activities are allowed without the necessity of obtaining a Temporary Use Permit.

A.

Construction yards—On-site. On-site contractors' construction yards, for an approved construction project. The construction yard shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first.

B.

Emergency facilities. Emergency public health and safety needs/activities.

C.

Public property, or public right-of-way. Activities conducted on public property that are approved by the Council or as otherwise required by the Municipal Code.

D.

Fund-raising car washes. Fund-raising car washes on property within a commercial, industrial zone, or on institutional property.

E.

Events on sites approved for public assembly. An event on the site or within a religious facility, school, golf course, theater, or other similar facility designed, and approved by the City for public assembly.

F.

Temporary work trailers. A trailer or mobile home used as a temporary work site for employees of a business, provided that:

1.

The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure;

2.

The use is appropriate because:

a.

The trailer or mobile home will be in place during construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or

b.

The applicant has demonstrated that the temporary work site is a short term necessity for a maximum of one year, while a permanent work site is being obtained; and

c.

The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure.

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

Within a nonresidential zone, a temporary use may be authorized for a period not to exceed 24 hours per event once a month for up to 12 events per year per site for any of the following uses:

A.

A performance, exhibition, dance, celebration or festival requiring a liquor license, entertainment police permit and/or other City permit when sponsored by an organized group of residents and/or business operators in the neighborhood; or

B.

A performance, dance or party requiring a liquor license, entertainment and/or other City permit, an art exhibit, or other similar exhibition in each case if sponsored by a residential or commercial tenant or group of tenants or owner-occupants of the property or structure in which the temporary use is authorized.

When multiple events are proposed within the allowable annual time limit and City permits are to be issued to a particular applicant and premises, only one permit need be granted per annual time period.

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

The following uses may be authorized in a nonresidential zone for a period not to exceed 60 days:

A.

Exhibition, celebration, festival, circus, or neighborhood carnival;

B.

Booth for charitable, patriotic or welfare purposes;

C.

Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, holiday or evergreen trees and Halloween pumpkins;

D.

New and used auto sales;

E.

Outdoor sales in a parking lot; and

F.

Parking that is accessory to any temporary use listed above.

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

Temporary uses authorized pursuant to this section may not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five-year periods if the authorized use does not adversely affect the future use of the property consistent with the General Plan, Zoning and applicable specific plans. More specifically, the following uses may be authorized in a nonresidential zone as temporary uses, subject to securing a building permit, if required:

A.

Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment;

B.

Rental or sales office incidental to a new development, provided that it is located in the development project or in an adjacent temporary structure;

C.

Structures and uses incidental to environmental cleanup and staging;

D.

Parking, including that which is accessory to any temporary use listed above;

E.

A temporary retail structure that accommodates an allowed retail use (per Section 15.05.110.040 (Land Use Table)); and

F.

The temporary use of a specific site for the location filming of commercials, movies, videos, etc.

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

Any other use that is not listed in Sections 15.04.807.030 through 15.04.807.050 but is permitted in an industrial zoning district may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that authorizing the temporary use will not have a significant adverse effect on the overall timing and phasing of future development under the General Plan and any applicable specific plan.

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

The Director shall establish the following standards based on the type of temporary use:

A.

Access, floor areas, heights, landscaping, off-street parking, setbacks, signs, utilities, and other structure and property development improvements and features;

B.

Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Code; and

C.

Limitation on the duration of approved "Retail Incubator Structures" to a period of one year with up to two renewals for maximum total period of three years, so that they shall not become permanent or long-term structures. The activity may be extended for more than three years with a Conditional Use Permit.

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

Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Code.

A.

Public notice. Prior to a decision on a Limited Term Permit, the City shall provide notice of a public hearing. The notice shall state that the Director will decide whether to approve or disapprove the Limited Term Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person prior to the specified date for the decision.

B.

Hearing. When a hearing is requested, notice of the hearing shall be provided in compliance with State law, and the Director shall conduct the public hearing prior to a decision on the application in compliance with State law.

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

The Zoning Administrator may approve an application for a Temporary Use only upon making both of the following findings:

A.

The proposed use will not unreasonably affect adjacent properties, their owners and occupants, or the surrounding neighborhood, and will not in any other way constitute a nuisance or be detrimental to the health, safety, peace, comfort, or general welfare of persons residing or working in the area of such use or to the general welfare of the City; and

B.

The proposed use will not unreasonably interfere with pedestrian or vehicular traffic or circulation in the area surrounding the proposed temporary use and will not create a demand for additional parking that cannot be safely and efficiently accommodated by existing or proposed parking areas on the site of the temporary use.

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

A.

Conditions of Approval. The Zoning Administrator may impose reasonable conditions deemed necessary to ensure compliance with the required findings for a Temporary Use Permit listed above, including, but not limited to: regulation of ingress and egress and traffic circulation; fire protection and access for fire vehicles; regulation of lighting; regulation of hours and/or other characteristics of operation; and removal of all trash, debris, signs, sign supports and temporary structures and electrical service. The Zoning Administrator may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

B.

Effective Date.

1.

Permit Period 10 Days or Less. A Temporary Use Permit issued for 10 days or less becomes effective on the date the permit is approved by the Zoning Administrator, but cannot expire before the event/use that is subject to the Temporary Use Permit occurring.

2.

Permit Period More than 10 Days. A Temporary Use Permit for more than 10 days becomes effective 11 days from the date the permit is approved by the Zoning Administrator.

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

A.

Appeals. Any party aggrieved by the decision of the Zoning Administrator to approve, approve with conditions, or deny a permit for a temporary use or structure or by the Director of Community Services to approve a temporary use permit for a special event may appeal the decision to the Planning Commission, in accordance with Section 15.04.803.140 (Appeals) if the permit period is more than 10 days or to the City Manager for a permit period of 10 days or less. In the latter case, the City Manager shall act on the appeal within 48 hours of receipt unless an extension of time is mutually agreed.

B.

Expiration, Extensions and Modifications. Temporary Use Permits are effective and may only be extended or modified as provided for in Article 15.04.803 (Common Procedures).

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