Richmond Municipal Code Art. 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.

11. 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).