Richmond Municipal Code § 15.04.202.020 Land Use Regulations

The specific purposes of the Mixed-Use Districts are to:

A. Provide for the orderly, well-planned, and balanced growth of mixed-use districts.

B. Encourage a mix of uses that promotes convenience, economic vitality, fiscal stability, and a pleasant quality of life.

C. Promote pedestrian- and transit-oriented, mixed-use commercial centers at appropriate locations.

D. Establish design standards that improve the visual quality of development and create a unified, distinctive, and attractive character along mixed-use streets.

E. Provide appropriate buffers and transition standards between commercial and residential uses to preserve both commercial and mixed-use feasibility and residential quality.

The following Mixed-Use Districts implement General Plan classifications of "Neighborhood Mixed-Use", "Medium Density Mixed-Use (Residential Emphasis)", "Medium Intensity Mixed-Use (Commercial Emphasis)", "High Intensity Mixed-Use (Major Activity Center)", "Regional Commercial Mixed-Use", and "Live-Work".

CM-1 Commercial Mixed-Use, Residential. This district is intended for mixed-use development with commercial uses at street-level along corridors. Residential-only development also is allowed and may include condominiums, townhouses or apartments. Commercial-only development is not allowed. Projects with commercial components must also include a residential component. New development is required to have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings.

CM-2 Commercial Mixed-Use, Neighborhood. This district is intended for residential and neighborhood-serving retail uses, such as small stores, markets, professional offices, boutiques, barbershops, beauty salons, and restaurants. Residential development above ground floor commercial is preferred, but not required. Standards will ensure that development at neighborhood nodes is appropriately scaled, so that the physical form relates to and does not overwhelm adjacent single-family residential neighborhoods.

CM-3 Commercial Mixed-Use, Commercial. This district is intended for mixed-use development with commercial or office/light industrial uses at street-level along corridors. This classification is distinguished from the CM-1 Commercial Mixed-Use, Residential, in that it allows residential-only or commercial-only development. Allowable residential uses include condominiums, townhouses or apartments, and commercial uses may include small to large-scale retail, business and personal services and, at street-level, offices serving a walk-in clientele. New development must have a pedestrian-oriented building design with minimal front and street-side setbacks and parking located to the sides or rear of buildings preferred.

CM-4 Commercial Mixed-Use, Gateway/Node. This district is intended for mid-rise mixed-use development at key community nodes and gateways with commercial uses at street-level and offices or residential uses on upper floors. Commercial development must have a pedestrian-oriented building design with setbacks allowing for public amenities and parking located behind buildings.

CM-5 Commercial Mixed-Use, Activity Center. This district is intended for mid and high-rise mixed-use development at major activity centers to serve the community and residents and businesses in the San Francisco Bay Area. Office, retail, entertainment and residential uses are allowed. Standards for physical form will create an urban character as envisioned in the General Plan with streets with minimal setbacks, wide sidewalks and public spaces that cater to pedestrians and transit riders.

LW Live-Work. This district is intended for joint living and working quarters, with residential space connected to small-scale artisan or production spaces as well as office and storefront retail. It includes loft and apartments type development. This district is appropriate for transitional areas identified in the General Plan where it can be demonstrated that the live-work use would not conflict with adjacent uses. A maximum density of 50 dwelling units per acre is permitted, and the non-residential FAR shall not exceed 0.4. Civic and institutional uses also are permitted, but the zoning district is not intended to create a purely residential environment.

Table 15.05.202.020 prescribes the land use regulations for all CM Districts and for the Live-Work District. The regulations for each district are established by letter designations as follows:

"P" designates permitted uses.

"A" designates use classifications that are permitted after review and approval of an administrative use permit by the Zoning Administrator.

"C" designates use classifications that are permitted after review and approval of a conditional use permit by the Planning Commission.

"L#" designates numbered limitations listed at the end of the table.

"x" designates uses that are not permitted.

Use classifications are defined in Article 15.04.104 (Key Terms and Definitions). In cases where a specific land use or activity is not defined, the Zoning Administrator shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and subclassifications not listed in the table or not found to be substantially similar to the uses below are prohibited. Section numbers in the right hand column refer to other sections of this Ordinance.

TABLE 15.04.202.020: LAND USE REGULATIONS—CM MIXED-USE DISTRICTS

1 Schools with conditional use permits that are nonconforming can seek modifications to existing conditions of approval pursuant to Section 15.04.606.040(C), Expansion of nonconfirming uses.

(Ord. No. 27-18 N.S., § I(Exh. A), 11-20-2018; Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 27-20 N.S., § 5, 11-10-2020)

Tables 15.04.202.030(1) through 15.04.202.030(5) prescribe the development standards for Mixed-Use Districts. Additional regulations are denoted in the right hand column. Section numbers in this column refer to other sections of this article, while individual letters refer to subsections that directly follow the table. The numbers in each illustration below refer to corresponding regulations in the "#" column in the associated table.

TABLE 15.04.202.030(1): LOT, DENSITY, FAR, AND BUILDING PLACEMENT STANDARDS—MIXED-USE DISTRICTS

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1 The increase in density, made by Ordinance 06-21, on April 20, 2021, is intended to conform to the requirements of the Housing Crisis Act of 2019 by ensuring that there is no net loss in residential capacity in the City as a result of the Richmond Hills Initiative and the implementing rezoning also made in this Ordinance which reduced the residential development capacity in the Richmond Hills Initiative area by 864 units. This density increase is allowed by the General Plan, which states on page 3.10 that the maximum number of allowable units in a land use designation may be exceeded to accommodate a density transfer or development rights transfer.

A. Build-to Line. Buildings shall be constructed at the street frontage or required setback line (the "build-to" line) for at least 60 percent of the building frontage. At least two-thirds of the area between the building and lot line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the Zoning Administrator or the Design Review Board, whichever has approval authority, upon finding that:

1. Substantial landscaping will be located between the build-to line and ground floor residential units to soften visual impact of buildings;

2. Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build-to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or

3. The building will incorporate an alternative entrance design that will create a welcoming entry feature facing the street.

B. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows for residential units and facing an interior side or rear yard.

1. For any wall containing windows, a setback of at least 5 feet shall be provided.

2. For any wall containing bedroom windows, a setback of at least 10 feet shall be provided.

3. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided.

4. The required setbacks apply to that portion of the building wall containing a window and extending three feet on either side of the window.

TABLE 15.04.202.030(2): HEIGHT STANDARDS—MIXED-USE DISTRICTS

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C. Height Limitations and Exceptions.

1. Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the height limit.

2. CM-3 District. For the CM-3 District along San Pablo Avenue, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zone.

3. Towers. If the project site is greater than 15,000 square feet, a tower or other projecting architectural elements may extend up to 12 feet above the top of a pitched roof, provided that the square footage of the element(s) do not total more than 15 percent of the building footprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.

a. The composition of the tower element shall be balanced, where the width of the tower has a proportional relationship to the height of the tower.

b. The tower element shall be proportional to the rest of the building.

c. The tower element shall not be stepped back at any point.

d. The maximum horizontal dimension of the tower element shall not exceed 100 feet.

e. Fenestration at the base of the tower shall be greater than the top.

f. The roof shall include architectural detailing, such as a cornice or eave.

D. Upper Story Limitations. For the CM-3 District along San Pablo Avenue, the maximum allowable number of stories shall not exceed three when abutting a single family residential zone. The top story of all four-story buildings in the CM-1 and CM-2 districts shall contain only residential uses and shall be stepped back a minimum of 10 feet from the story below.

TABLE 15.04.202.030(3): BUILDING FORM STANDARDS—MIXED-USE DISTRICTS

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TABLE 15.04.202.030(4): PARKING AND LOADING STANDARDS—MIXED-USE DISTRICTS

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E. Wide Buildings. Any building over 50 feet wide shall be broken down to read as a series of buildings no wider than 50 feet each or 30 feet in the CM-1 and CM-2 Districts. Increases in the maximum building width and length may be approved through design review if recesses, offsets, or other architectural articulation modulate a "box-like" appearance.

F. Maximum Length of Blank Walls. This limitation does not apply to buildings with unique design requirements, such as gyms and auditoriums.

G. Building Projections. The maximum width of any projection, including bay windows, is 10 feet, and the total of all projections along a building face may not be more than 10 feet wide or 25 percent of the building frontage, whichever is greater.

H. Limitations on Location of Parking. Parking may be located within 40 feet of the street facing property line in accordance with the following standards.

1. Underground and Partially Submerged Parking. Parking completely or partially underground, may match the setbacks of the main structure. The maximum height of a parking podium visible from a street is five feet from finished grade.

2. Surface Parking. Above ground surface parking may be located within 40 feet of a street facing property line with the approval of an administrative use permit when the Zoning Administrator makes the following findings:

a. Buildings are built close to the public sidewalk to the maximum extent feasible;

b. The parking area is screened along the public right-of-way with a wall, hedge, trellis, and/or landscaping; and

c. The site is small and constrained such that underground, partially submerged, or surface parking located more than 40 feet from the street frontage is not feasible.

TABLE 15.04.202.030(5): LANDSCAPING AND OPEN SPACE STANDARDS—MIXED-USE DISTRICTS

I. Residential Open Space. Residential open space may be provided as common or private open space. Private areas consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscaping shall be developed as common areas with the types of attributes described above.

1. Minimum Dimensions.

a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no horizontal dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no horizontal dimension less than six feet.

b. Common Open Space. Minimum horizontal dimension of 20 feet.

2. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. The maximum slope shall not exceed 10 percent.

3. Accessibility.

a. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.

b. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

(Ord. No. 06-21 N.S., § II(Exh. A), 4-20-2021)

A. Residential Density. Additional residential density may be approved when density bonuses are granted for affordable housing. The minimum density does not mean that residential use is required; however, where it is proposed, it must meet the minimum in Table 15.04.202.030(1).

B. Street Preservation. Existing public right-of-way shall be preserved. Public right-of-way shall not be eliminated or abandoned, unless substantial public benefits are provided, such as a new park, a community garden or a trail.

C. Street Frontage Improvements. New development shall provide street frontage improvements in accordance with the following:

1. Between the Property Line and Curb.

a. Sidewalks. Sidewalks shall be provided if none exist or if the existing sidewalks are in poor condition.

b. Street Furniture. Trash receptacles, benches, bike racks, and other street furniture shall be provided.

c. Street Lights. Pedestrian-scaled street lights, including attachments from which banners may be hung, shall be provided.

d. Street Trees. Shade trees shall be planted no more than 30 feet on center. Tree guards shall be provided. Trees shall be a minimum of 15 gallons in size, and at least 10 percent of the required trees shall be 24-inch box size or larger.

2. Interior from Property Line. Except where occupied by a building or necessary for parking access, the street frontage, for a depth of 10 feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.

D. Building Orientation and Entrances.

1. Buildings shall be oriented to face public streets.

2. Building frontages shall be generally parallel to streets, and the primary building entrances shall be located on or within 20 feet of a public sidewalk.

3. At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.

4. Entrances located at corners shall generally be located at a 45-degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other architectural elements.

5. Entrances to residential units shall be physically separated from the entrance to the permitted commercial uses and clearly marked with a physical feature incorporated into the building or an appropriately scaled element applied to the facade.

E. Building Transparency; Required Openings for Non-Residential Uses. Exterior walls facing and within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without a window or other opening.

Figure 15.04.202.040-D: Required Openings for Non-Residential Uses

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1. Design of Required Openings. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.

2. Exceptions for Parking Garages. Multi-level garages are not required to meet the building transparency requirement of this subsection. Instead, they must be screened and treated, consistent with the requirements of Article 15.04.607 (Parking and Loading Standards).

3. Alternatives through Design Review. Alternatives to the building transparency requirement may be approved if the Zoning Administrator or the Design Review Board, whichever has approval authority, finds that:

a. The proposed use has unique operational characteristics with which providing the required windows and openings is incompatible, such as in the case of a cinema or theater; and

b. Street-facing building walls will exhibit architectural relief and detail, and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.

F. Building Design and Articulation. Buildings shall provide adequate architectural articulation and detail to avoid a bulky and "box-like" appearance. Building design shall reflect and complement the architectural style of significant historic buildings within the City. This may be accomplished through the incorporation of architectural style, colors, and materials similar to those used for historic buildings in Richmond. The following standards apply to commercial and mixed-use development in them Mixed-Use Districts. Residential-only development is subject to the building design standards for the RM2 District.

1. Massing. Building massing shall align with the street grid of adjacent blocks.

2. Relation to Existing Buildings. Buildings shall be designed to appear integrated with existing buildings in the district.

3. Vertical Relationship. Buildings shall be designed to have a distinctive base (ground floor level), middle (intermediate upper floor levels), and top (either top floor or roof level). Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate rooflines and accentuate setbacks between stories.

4. Windows.

a. Window frames shall be inset at least two inches from the face of the building to enhance shadow-line around opening.

b. Snap-in vinyl mullions between double pane glass is prohibited. If a divided light appearance is desired, mullions must be made of dimensional material projecting in front of the panes on both the inside and outside of the window.

c. Exceptions may be granted through the design review process to accommodate alternative window design complementary to the architectural style of the structure.

5. Exterior Building Materials and Colors.

a. A unified palette of materials shall be used on all sides of buildings.

b. Exterior building materials shall be stone, brick, stucco, concrete block, painted wood clap-board, painted metal clapboard or other quality, durable materials approved through the design review process.

c. A wainscoting of quality materials on the bottom of the ground floor façade is required.

d. Colors shall be used to help delineate windows and other architectural features to increase architectural interest.

6. Building Details.

a. Building facades shall include building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest.

b. All applied surface ornamentation or decorative detailing shall be consistent with the architectural style of the building.

c. All balconies that do not meet the minimum size required for private open space shall have a minimum horizontal dimension of two feet.

d. Each side of the building that is visible from a public right-of-way shall be designed with a complementary level of detailing.

G. Height on San Pablo Avenue. For the CM-3 Zone, the maximum allowable height shall not exceed 35 feet when abutting a single family residential zoning district.

H. Pedestrian Access.

1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities.

2. To Circulation Network. Regular connections between on-site walkways and the public sidewalk and other planned or existing pedestrian routes and trails shall be provided. An on-site walkway shall connect the primary building entry or entries to a public sidewalk on each street frontage.

3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible, while still providing for safety and security.

4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances.

5. Interior Pedestrian Walkway Design.

a. Walkways shall have a minimum clear, unobstructed width of six feet, where feasible, but at least four feet, shall be hard-surfaced, and paved with concrete, stone, tile, brick, or comparable material.

b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method.

c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier.

6. CM-3 and CM-4 Districts. Commercial development is permitted only if the Design Review Board determines that the site plan and building design is pedestrian-oriented with minimal building setbacks along primary street frontage. Where setbacks are proposed, they shall include public amenities, such as outdoor seating, shade structures and canopy trees.

I. Residential Notification. The building owner shall inform residents of mixed-use development of potential noise from refuse collection and other activities typically associated with ground-floor commercial activity.