Article XV — ZONING AND SUBDIVISION[[1]]

Footnotes:

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Editor's note— Printed herein is Article XV, Zoning and Subdivisions regulations of the city, Ordinance No. 16-16 N.S., as adopted by the City Council of Richmond, California on November 15, 2016. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, this Article XV is set out to match the style of the ordinance from which it derives. Additions made for clarity are indicated by brackets.

cal history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, this Article XV is set out to match the style of the ordinance from which it derives. Additions made for clarity are indicated by brackets.

Editor's note— Ord. No. 16-16 N.S., § I(Exh. A, Exh. B), adopted Nov. 15, 2016, repealed the former Art. XV, §§ 15.02.010—15.02.040, 15.03.010—15.03.070, 15.03.110—15.03.140, 15.03.210—15.03.270, 15.03.310—15.03.370, 15.03.410—15.03.460, 15.03.510—15.03.530, 15.04.005—15.04.020, 15.04.110—15.04.170, 15.04.210—15.04.250, 15.04.310—15.04.340, 15.04.410—15.04.430, 15.04.510—15.04.530, 15.04.610, 15.04.710—15.04.790, 15.04.810—15.04.890, 15.04.910—15.04.995, 15.06.010—15.06.230, 15.08.010—15.08.710, 15.10.010— 15.10.230, 15.12.010—15.12.040, and enacted a new Art. XV as set out herein. The former Art. XV pertained to similar subject matter and derived from Ord. No. 25-78 N.S.; Ord. No. 39-78 N.S., adopted Dec. 4, 1978; Ord. No. 5-80 N.S.; Ord. No. 19-80 N.S.; Ord. No. 7-82 N.S.; Ord. No. 27-82 N.S.; Ord. No. 8-83 N.S.; Ord. No. 9-83 N.S.; Ord. No. 36-83 N.S.; Ord. No. 15-85 N.S.; Ord. No. 11-86 N.S.; Ord. No. 39-87 N.S.; Ord. No. 37-95 N.S.; Ord. No. 37-96 N.S.; Ord. No. 15-97 N.S.; Ord. No. 31-97 N.S.; Ord. No. 32-98 N.S.; Ord. No. 7-99 N.S.; Ord. No. 8-99 N.S.; Ord. No. 18-00 N.S.; Ord. No. 20-00 N.S.; Ord. No. 43-00 N.S.; Ord. No. 28-01 N.S.; Ord. No. 03-02 N.S.; Ord. No. 31-03 N.S.; Ord. No. 38-03 N.S.; Ord. No. 39-03 N.S.; Ord. No. 1-04 N.S.; Ord. No. 5-04 N.S.; Ord. No. 9-04 N.S.; Ord. No. 11-05 N.S.; Ord. No. 27-05 N.S.; Ord. No. 10-6 N.S.; Ord. No. 16-06 N.S.; Ord. No. 28-06 N.S.; Ord. No. 29-06 N.S.; Ord. No. 8-08 N.S.; Ord. No. 9-08 N.S.; Ord. No. 14-08 N.S.; Ord. No. 18-08 N.S.; Ord. No. 1-09 N.S., § 1, adopted Jan. 6, 2009; Ord. No. 8-09, § 1, adopted April 21, 09; Ord. No. 24-09 N.S., §§ 1—4, adopted July 21, 2009; Ord. No. 26-09 N.S., §§ I, II, adopted July 28, 2009; Ord. No. 1-10 N.S., §§ 1—3, adopted Jan. 5, 2010; Ord. No. 9-10 N.S., §§ I, II, adopted Feb. 16, 2010; Ord. No. 19-10 N.S., § 1, adopted June 1, 2010; Ord. No. 25-10 N.S., § 4, adopted Aug. 2, 2010; Ord. No. 05-11 N.S., §§ 2, 3, adopted Feb. 1, 2011; Ord. No. 06-11 N.S., §§ 1—9, adopted Feb. 1, 2011; Ord. No. 07-11 N.S., §§ 2, 3, adopted Feb. 15, 2011; Ord. No. 08-11 N.S., §§ I—VII, adopted March 1, 2011; Ord. No. 10-11 N.S., § 3, adopted March 15-2011; Ord. No. 11-11 N.S., §§ 1—4, adopted March 15, 2011; Ord. No. 12-11 N.S., § I, adopted April 12, 2011; Ord. No. 3-14 N.S., §§ 1—5, adopted March 18, 2014; Ord. No. 15-15 N.S., §§ I—III, adopted May 19, 2015; Ord. No. 10-16 N.S., § I(Exh. A), adopted June 21, 2016; Ord. No. 11-16 N.S., §§ I, II, adopted June 21, 2016.

Chapter 15.04 - ZONING AND SUBDIVISION REGULATIONS SERIES 100 - GENERAL PROVISIONS ARTICLE 15.04.101 - INTRODUCTORY PROVISIONS

Chapter 15.04 of Article XV of the Municipal Code shall be known and cited as the "Zoning and Subdivision Regulations," "Regulations," or the "Zoning Article." (The two main parts also may be referred to as the "Zoning Ordinance" and the "Subdivision Ordinance.")

The Zoning and Subdivision Regulations are adopted pursuant to the authority contained in Section 65850 of the California Government Code and The Subdivision Map Act (Title 7, Division 2, of the California Government Code, as amended).

The purpose of the Zoning and Subdivision Regulations is to implement the City's General Plan. More specifically, these Regulations are adopted to achieve the following objectives:

A.

To provide a precise guide for the physical development of the City in a manner as to progressively achieve the arrangement of land uses depicted in the Richmond General Plan, consistent with the goals and policies of the General Plan.

B.

To foster harmonious, convenient and workable relationships between land uses and ensure compatible infill development, consistent with the General Plan.

C.

To support economic development and job creation and provide for the housing needs of all economic segments of the community.

D.

To promote high quality architecture, landscape architecture and urban design, consistent with the General Plan.

E.

To promote the stability of existing land uses that conform to the General Plan, protecting them from inharmonious influences and harmful intrusions, and protect and enhance real property values.

F.

To facilitate the appropriate location of community facilities, institutions, parks, and recreational areas.

15.04.101.030 - Structure of Zoning and Subdivision Regulations.

A.

Organization of Regulations. The Zoning and Subdivision Regulations consist of eight series:

100 Series — Introductory Provisions

200 Series — Base Zoning Districts

300 Series — Overlay Zoning Districts

400 Series — Form-Based Code Zoning Districts (reserved for Council-adopted code)

500 Series — Specific Plans (general authority for specific plans; individual plans such as the Richmond Bay Specific Plan will be published in a separate volume)

600 Series — General Standards

700 Series — Land Divisions, Dedications and Improvements

800 Series — Administration and Permits

B.

Types of Regulations. The Zoning and Subdivision Regulations include four types of regulations that control the use and development of property:

1.

Land Use Regulations. These regulations specify the land uses permitted, conditionally permitted, and prohibited in each zoning district. These regulations also provide any special requirements that are applicable to specific uses. Land use regulations for base zoning districts and for overlay districts are located in the 200 and 300 Series. Additional land use regulations that apply citywide or to only some of the zoning districts, such as those pertaining to nonconforming uses and specific uses (e.g., alcoholic beverage sales, emergency shelters, live-work, residential care facilities, and accessory dwelling units), are located in the 600 Series. Performance standards that govern special uses are also located in the 600 Series.

2.

Development Regulations. These regulations control the height, bulk, density/intensity, location and appearance of structures on development sites. Development regulations for base zoning districts and for overlay districts are located in the 200 and 300 Series. Design standards for public improvements for subdivisions are located in the 700 Series. Regulations for Form-based Zoning Districts are located in the 400 Series. Development regulations, applicable to some or all zoning districts, are located in the 600 Series; these include regulations for accessory structures, fences, landscaping, lighting, nonconforming uses and structures, off-street parking and loading, signs, and wireless communications facilities. Design standards for public improvements in subdivisions are in the 700 Series.

Administrative Regulations. These regulations contain detailed procedures for the administration of these regulations and include common procedures, processes and standards for discretionary entitlement applications and other permits. Specific procedures for processing maps related to subdivisions, approving improvement agreements, and other approvals related to land divisions are located in the 700 Series. Authority for adopting and implementing Specific Plans is located in the 500 Series. Administrative regulations are located in 800 Series.

4.

General Terms and Use Classifications. The 100 Series provides a list of terms and definitions of the terms used in the Zoning and Subdivision Regulations.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

15.04.101.040 - Applicability.

A.

General Rules for Applicability.

1.

Applicability to Property. The Zoning and Subdivision Regulations apply, to the extent permitted by law, to all property within the corporate limits of the City and to property for which applications for annexation and/or subdivisions have been submitted to the City, including all uses, structures and land owned by any private person, firm, corporation or organization, or the City or other local, State or federal agencies. Any governmental agency is exempt from these Regulations only to the extent that such property may not be lawfully regulated by the City. Parcels which lie across jurisdictional boundaries shall be subject to the entitlement process of the jurisdiction in which it has the most land acreage. The other jurisdiction will remain a responsible agency and projects may be subject to additional design review.

2.

Compliance with Regulations. Land must be used, and structures must be constructed, occupied, enlarged, altered, demolished and moved in accordance with the provisions of the Regulations.

B.

Relation to Other Regulations.

1.

General. The Zoning and Subdivision Regulations and the requirements or conditions imposed by them do not supersede any other regulations or requirements adopted or imposed by the City Council, the State of California, or any federal agency that has jurisdiction over uses and development authorized by these Regulations. All uses and development authorized by these Regulations shall comply with all other such regulations and requirements. Where conflict occurs between the provisions of these Regulations and any other provision of the Municipal Code, City ordinance, resolution, guideline or regulation, the more restrictive provisions control, unless otherwise specified.

2.

Permit Streamlining Act. It is the intent of the Zoning and Subdivision Regulations that all solely adjudicatory actions taken by the decisionmaking body pursuant to these Regulations be within a time frame consistent with the provisions of Government Code Section 65920 et seq. (California Permit Streamlining Act). These Regulations may not be interpreted as imposing time limits on a decision-making body's legislative actions or quasi-legislative judgments.

3.

Relation to Private Agreements. The Zoning and Subdivision Regulations shall not interfere with or annul any recorded easement, covenant, or other agreement now in effect, provided that where these Regulations impose a greater restriction than imposed by an easement, covenant, or agreement, these Regulations control.

4.

Application During Local Emergency. The City Council may authorize a deviation from a provision of the Zoning and Subdivision Regulations during a local emergency that has been proclaimed and ratified under the Municipal Code. The City Council may authorize a deviation by resolution without notice or public hearing.

C.

Consistency with the General Plan. Any permit, license or approval issued pursuant to these Regulations must be consistent with the General Plan and all applicable specific plans. Where there is a conflict between the Zoning and Subdivision Regulations and the General Plan, the General Plan prevails.

D.

Effect on Previously Approved Projects and Projects in Progress. Any building, structure or use of land for which conditional use permits, variances, or design approval have been granted must be completed in accordance with the zoning, plans, specifications and permits on which these approval were granted within two years of such granting, except if a later expiration date is stated in the approval. Any building, structure, or use of land for which a Building Permit or its functional equivalent has been issued and where substantial work has been performed and substantial liabilities incurred in good faith reliance thereon, may be completed and used in accordance with the plans, specifications and permits on which these permits or approvals were granted. No extensions of time, except as provided for in the Building Code, shall be granted for commencement of construction, unless the applicant has secured a permit extension from the Department of Planning and Building Services. This provision does not apply to projects with an approved vesting tentative map or development agreement.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 04-23 N.S., § I(Exh. A), 4-18-2023)

None of the provisions in these Zoning and Subdivision Regulations or in any other ordinance or resolution of the City or in any rule or regulation promulgated pursuant thereto, whether pre-existing, existing or in the future, are intended to create or to be construed to create an imposition of civil liability on the City, its Council, commissioners, officers or employees while acting in accordance with such provisions.

The City is divided into zoning districts, which are also referred to as zoning districts or districts. The designation and regulation of zoning districts are set forth in these Regulations and as follows.

A.

Base Zoning Districts. Base zoning districts into which the City is divided and their corresponding General Plan land use designations are shown in Table 15.04.101.060-A, Base Zoning Districts.

B.

Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as shown in Table 15.04.101.060-B, Overlay Zoning Districts.

C.

Form-Based Zoning Districts. Form-Based Zoning Districts are established as shown in Table 15.04.101.060-C, Form-Based Zoning Districts.

D.

References to Classes of Base Zoning Districts. Throughout the Zoning and Subdivision Regulations, the following references apply:

"RL district" or "Residential-Single Family district" means one or more of the following districts: Single Family, Very Low Density Residential (RL1); and Single Family Low Density Residential (RL2).

2.

"RM district" or "Multifamily Residential district" means one or both of the following districts: Multifamily Residential (RM1) and Multifamily High Density Residential (RM2).

3.

"R district" or "Residential district" means one or more of the following districts: Hillside Residential (HR); Single Family, Very Low Density Residential (RL1); Single Family Low Density Residential (RL2); Multifamily Residential (RM1); and Multifamily High Density Residential (RM2).

4.

"Non-residential district" means any base zoning district that is not a Residential district.

5.

"CM district" or "Commercial Mixed-Use district" means one or more of the following districts: Commercial Mixed-Use, Residential (CM-1); Commercial Mixed-Use, Neighborhood (CM-2); Commercial Mixed-Use, Commercial Emphasis (CM-3); Commercial Mixed-Use, Gateway/Node (CM-4); and Commercial Mixed-Use, Activity Center (CM-5); and Live-Work (LW).

6.

"C district" or "Commercial district" means one or more of the following districts: General Commercial (CG); Regional Commercial (CR); and Coastal Commercial (CC).

7.

"I district" or "Industrial district" means one or more of the following: Industrial, Business (IB); Industrial, Limited Light (ILL); Industrial, Light (IL); Industrial, General (IG); and Industrial, Water-Related (IW).

8.

"OS district" means the Open Space (OS) district, and "AG district" means the Agricultural district.

9.

"P district" means one or both of the following: Public, Cultural, and Institutional (PCI) and Parks and Recreation (PR).

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

The boundaries of the zoning districts established by these are shown on the Official Zoning Map maintained by the City Clerk. The Official Zoning Map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the maps, have been adopted by the Council and are hereby incorporated into the Zoning and Subdivision Regulations by reference, together with any amendments previously or hereafter adopted, as though they were fully included here.

A.

Application of Pre-Annexation Zoning. The City may apply pre-annexation zoning to unincorporated property located within the Planning Area Boundary shown in the General Plan. The pre-annexation zoning process shall comply with the Pre-zoning and Annexation Procedures in the 800 Series. The zoning provisions and requirements so established shall become applicable at the same time that the annexation of such territory becomes effective.

B.

Uncertainty of Boundaries. If in the context of a development application, permit revocation, or enforcement action, an uncertainty exists as to the boundaries of any district shown on the Official Zoning Map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, lanes, streets, highways, streams or railroads shall be construed to follow such centerlines.

Boundaries indicated as approximately following lot lines, city limits, or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.

3.

In the case of unsubdivided property or where a district boundary divides a lot and no dimensions are indicated, the following shall apply.

a.

Lots Greater than One Acre. The location of such boundary shall be determined by the use of the scale appearing on the Official Zoning Map.

b.

Lots Less than One Acre. The lot shall be deemed to be included within the more restrictive zoning district.

4.

In the case of any remaining uncertainty, the Director shall determine the location of boundaries and shall notify the property owners of his/her determination. The Director's determination may be appealed under the provisions of Section 15.04.803.130.

5.

Where any public street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added to the parcel by virtue of the street or alley being vacated or abandoned.

6.

Where any private right-of-way or easement of any railroad, railway, transportation, or public utility company is vacated or abandoned, pursuant to federal or state law, if that property is not shown with a zoning designation on the Zoning Map, then that property shall be automatically classified as being in the Public, Cultural, and Institutional (PCI) District.