Richmond Municipal Code Ch. 9.40 Miscellaneous Provisions

Except as described in Section 9.40.015 or 9.40.018, no person owning or controlling any trailer, house car, tent or similar structure shall cause or permit the same to be used as a dwelling habitation or sleeping accommodation within the City of Richmond except in trailer camps for which a conditional use permit granted under the provisions of the zoning ordinance of the City of Richmond is in effect. Provided, however, that a trailer, house car, tent or similar structure not in a trailer camp may be used as a temporary sleeping accommodation for periods of time totaling not more than 21 days in any calendar year, if all of the following conditions are met:

(1) That no rent is paid or other consideration given to anyone for the use and occupancy of any site or parcel of land by the occupant of the trailer, house car, tent or similar structure. For purpose of this provision rent shall have the same meaning as defined in Richmond Municipal Code Section 11.100.030(j);

(2) That no cooking or bathing is permitted therein;

(3) That no nuisance is created by such use;

(4) That such trailer, house car, tent or similar structure complies with the requirements of size and lot location prescribed for accessory buildings in single-family districts by the zoning ordinance;

(5) That such trailer, house car, tent or similar structure is located on a lot on which there is a single-family or duplex dwelling house in use as such;

(6) That not more than one such trailer, house car, tent or similar structure is so used at any time on a single lot;

(7) That a certificate of occupancy therefor is first obtained in the manner prescribed by [Chapter 6.02] of the Building Code;

(8) That all the requirements of Section 18000, et seq., of the Health and Safety Code of the State of California relating to mobile homes and mobile home parks are complied with.

As used herein, the word "lot" means a lot as defined in the zoning ordinance.

(Ord. No. 17-17 N.S., § I, 7-25-2017; Ord. No. 10-21 N.S., § 3, 6-22-2021)

(a) Purpose. The purpose of this section is to evaluate the feasibility of allowing tiny houses on wheels to be used as accessory dwelling units as part of a pilot project under certain conditions.

(b) Definition. "Tiny house on wheels" means a structure intended for separate, independent living quarters for one household that meets these six conditions:

(1) Is licensed and registered with the California Department of Motor Vehicles and meets American National Standards Institute (ANSI) 119.2 or 119.5 requirements;

(2) Is towable by a bumper hitch, frame-towing hitch, or fifth-wheel connection. Cannot (and is designed not to) move under its own power;

(3) Is no larger than allowed by California State Law for movement on public highways;

(4) Has at least 100 square feet of first floor interior living space;

(5) Is a detached self-contained unit which includes basic functional areas that support normal daily routines such as cooking, sleeping, and toiletry; and

(6) Is designed and built to look like a conventional building structure.

(c) For the purposes of this section, the pilot project will allow not more than six tiny houses on wheels to be occupied and issued a zoning compliance certificate. The time period for the pilot project shall begin following adoption of this section and shall terminate 36 months thereafter.

(d) Tiny houses on wheels that are part of the pilot project may be located in any zoning district where residential uses are allowed, with or without a conditional use permit, including non-residential districts where residential uses are allowed as an accessory use.

(e) Tiny houses on wheels shall comply with standards of the Zoning Code RMC 15.04.610.020 Accessory Dwelling Units.

(f) Occupants of tiny houses on wheels regulated by this section shall be limited to homeless individuals recognized as such by the Contra Costa County Health Services, Health, Housing and Homeless Services.

(g) The Zoning Administrator shall review the design of the tiny houses regulated by this section to determine if the structure is compatible with the neighborhood.

(h) At the conclusion of the pilot project, the Director of Planning and Building shall prepare and submit an evaluation of the project to the City Council.

(Ord. No. 17-17 N.S., § I, 7-25-2017; Ord. No. 07-19 N.S., § I, 5-21-2019; Ord. No. 07-21 N.S., § I, 5-4-2021; Ord. No. 10-21 N.S., § 3, 6-22-2021)

Homelessness is a significant and growing issue, driven in large part by the shortfalls in housing supply and affordable housing throughout the City, Bay Area Region and State. The number of Contra Costa County residents living in cars and recreational vehicles (RVs) has increased significantly, with one-third of unsheltered people identified in the 2020 Point in Time count are sleeping in vehicles, up from 30 percent in 2019. The objective of this safe parking sites pilot program is to provide a safe and secure location for vehicle dwellers to temporarily occupy and receive services while waiting for more stable housing.

(Ord. No. 10-21 N.S., § 3, 6-22-2021)

(a) "Safe parking host site" shall mean a location that provides homeless individuals and/or families living in a vehicle a dedicated, safe place to park. No rent shall be exchanged between host and the occupants. The occupancy of a vehicle at a permitted safe parking site shall not constitute a nuisance pursuant to RMC Section 8.60.040.

(b) "Rent" shall have same meaning as defined in Richmond Municipal Code Section 11.100.030(j).

(Ord. No. 10-21 N.S., § 3, 6-22-2021)

(a) Purpose and Applicability. The purpose of this section is to establish standards for the establishment and operation of safe parking sites at existing assembly uses, quasi-public facilities, and public facilities that assures compatibility of safe parking site activities with surrounding uses. The provisions of this section apply notwithstanding the requirements of Section 15.04.610.180.

(b) Location. A safe parking host site is a permitted use within any zoning district, provided they are located in conjunction with an existing and properly permitted community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center, quasi-public or public facility and safe parking site host permit as provided in subsection (c) of this section.

(c) Ministerial Safe Parking Host Site Permit. A safe parking host site shall not be established or maintained unless and until a ministerial safe parking site host permit has been issued and is in full force and effect.

(1) Scope. The safe parking host site permit shall allow safe parking as an ancillary use to the permitted primary community assembly, cultural facility, government building, public use, public safety facility, quasi-public and social service center. Any physical modification or expansion of facilities associated with a safe parking site shall require a separate design review permit pursuant to Article 15.04.805 of this Code.

(2) Submittal Requirements. An application for the safe parking host site permit shall be submitted to the Community Development Department, and shall include the following:

(A) A site plan showing the proposed location of required facilities listed in subsection (d)(6), parking spaces designated for safe parking, and setbacks to adjacent properties as required per subsection (d)(10);

(B) A site management and operations plan describing the proposed functions of the site, including:

(i) A list of other uses conducted on the site and their hours of operation, demonstrating that the primary use will not conflict with the safe parking use;

(ii) The number of safe parking spaces provided and the days and hours the spaces will be available for safe parking;

(iii) A description of program management, including procedures for site monitoring, participant screening, and provision of facilities and services;

(iv) A description of how waste disposal, including both greywater disposal and trash disposal, shall be managed by the host site according to best management practices; and

(v) A description of how the site will meet the performance standards as provided in subsection (d).

(3) Inspection Requirement. Prior to the approval of a safe parking host site permit, City staff shall perform an inspection of the site to ensure compliance with the safe parking site standards.

(4) Ministerial Approval. The zoning administrator or designee shall approve an application for a ministerial safe parking host site permit when an inspection has been performed and the applicant has demonstrated that they would meet all standards as provided in subsection (d) of this section. The approval shall be valid for six months from the date of issuance.

(5) Renewal. Applications for renewal of the safe parking host site permit shall be made to the Community Development Department and shall require re-inspection of the safe parking site premises to ensure ongoing compliance with safe parking site standards.

(d) Safe Parking Host Site Standards. The zoning administrator or designee shall issue a safe parking host site permit when the applicant has demonstrated that they would meet all of the following performance standards:

(1) Operation. Safe parking host sites shall be operated as an ancillary use subordinate to or part of the principal use at an existing facility.

(2) Approved Site Management and Operations Plan. Safe parking host sites shall have a site management and operations plan approved by the Community Development Director or designee.

(3) Hours of Operation. On any night that safe parking is offered, a safe parking host site shall operate for a minimum of ten hours. The specific hours of operation for each site, including additional hours up to and including 24-hour operation, shall be established with the approval of the safe parking host site permit.

(4) Types of Vehicles Permitted. Safe parking host sites shall be used only by operable cars, recreational vehicles (RVs), and vans that have received a valid permit from the site operator to park at a specific safe host parking site. For the purposes of this subsection, "operable" shall mean that the vehicle is capable of moving or operating on its own power or that of a companion tow vehicle, is not missing any significant component part, and can be driven on and off site without assistance.

(5) Maximum Number of Participants. No more than four inhabited vehicles shall be allowed to park at a safe parking host site at one time.

(6) Facilities. Restroom, potable water, and trash facilities shall be provided, maintained, and accessible to participants on the site during safe parking hours.

(7) Vehicle Clearances. A minimum clearance of six feet shall be maintained between any vehicle used for safe parking and any other vehicle.

(8) Fire Safety. Fire extinguishers and combination smoke/carbon monoxide detectors shall be provided within each RV. A combination smoke/carbon monoxide detector shall be provided within each passenger car or van. Communal fire extinguisher(s) shall be provided such that there is one fire extinguisher located within 75 feet of each inhabited vehicle.

(9) Circulation. Parked vehicles shall not obstruct drive aisles or otherwise interfere with established circulation patterns on the site. The site shall maintain adequate emergency vehicle access and access to fire protection systems, as determined by the Fire Marshal or designee.

(10) Setbacks from Property Lines. Designated safe parking spaces for cars and vans shall be located a minimum of ten feet from any property line.

(11) Setbacks from Buildings. All vehicles shall be located at least ten feet from any other building or structure located on the property.

(12) Noise. Safe parking host sites shall observe quiet hours between 10:00 p.m. and 7:00 a.m. Use of generators shall be prohibited during quiet hours.

(13) Posting. The site address and phone number for the representative of the site operator shall be posted in a visible location on the safe parking site. Notification of the neighborhood Council shall be provided by the permit within 30 days of permit approval by the City.

(14) Exterior Storage Prohibited. Outdoor storage around parked vehicles shall be prohibited. Tents, tarps, and other temporary outdoor shelters, either affixed to a participant's vehicle or freestanding, shall be prohibited.

(15) Fire Prohibited. Fires, heaters, barbeque grills, and other outdoor cooking or warming appliances shall be prohibited.

(e) Pilot Project Period. For the purposes of this section, the pilot project will allow not more than 15 scattered safe parking program sites to be permitted at one time. The time period for the pilot project shall begin following adoption of this section and shall terminate 24 months thereafter.

(Ord. No. 10-21 N.S., § 3, 6-22-2021)

Any vacant lot or open area of ground within which any of the following conditions occur and to which the public, and particularly children, have access is termed an attractive nuisance:

(1) Ponding or impounding of water;

(2) Open pits, shafts, caves or ditches;

(3) Noxious weeds or vegetation;

(4) Trash, debris or machinery.

(a) When such an attractive nuisance as described in Section 9.40.020 of this Code exists, it shall be the duty of the City's director of public works to notify, in writing, the owner of such premises to abolish and abate such nuisance and, if necessary, to remove the matter.

(b) Such notice shall provide a specified reasonable time in which such nuisance must be abated or removed.

(c) Before complying with the requirements of the notice, the owner may request a hearing before the City director of public works at a time and place fixed by him within seven days of the request for the hearing. However, such request must be made within the time limit specified in the notice of abatement.

(d) The City Director of public works shall redetermine whether or not a nuisance, as described in Section 9.40.020, exists and whether or not the owner shall abate the nuisance and prevent its recurrence and shall specify time within which the work shall be completed.

(e) In the event the nuisance is not abated within the time specified in the notice and/or at the hearing, the City may abate such nuisance, and the person whose duty it was to abolish or abate such nuisance as requested by the City Director of public works, in addition to incurring penalties as provided in this chapter, shall become indebted to the City for the damages, costs, and charges incurred by the City by reason of the existence of the nuisance or removal of the matter. This cost may become a lien upon the property on which the nuisance existed.

(f) The procedures provided in this chapter are in addition to all other remedies and cost recovery options available to the City by law or in equity, including, but not limited to, those provided in Chapter 1.14 of this Code.

(Amended by Ordinance No. 348 N.S.)

(Ord. No. 26-20 N.S., § VIII, 11-10-2020)

It is unlawful for any person to allow an open cellar door, trap door, or other opening in any sidewalk or street or public place without taking proper precautions to prevent injury to persons or property.

It is unlawful for any person leasing, renting or occupying any house, flat, tenement, apartment or other building to leave such building or the premises used in connection therewith in an unclean or unsanitary condition, or to leave any rubbish or waste material of any kind in such house, flat, tenement, apartment or other building, or on the premises used in connection therewith, upon the termination of such tenancy or occupancy.

(Source: Ordinance No. 1746)

It shall be unlawful for any person to urinate or defecate on private property in any area exposed to the public view or on any public street, sidewalk, parking lot, alley, park, or other public place, except in a public restroom.

(Ord. No. 32-09 N.S., § 1, 10-6-2009)