Richmond Municipal Code § 15.04.401.040 Exceptions

15.04.401.010 - Introduction.¶

This Form-Based Code, adopted in April 2023 (See Section III, Effective 5/18/2023), is a reflection of the community vision for implementing the intent of the General Plan to create walkable mixed-use neighborhoods. These Form-Based Code standards are intended to ensure that proposed development is compatible with existing and future development on neighboring properties, and produces an environment of desirable character, consistent with the General Plan.

This Form-Based Code is based on an initial documentation and analysis of the existing conditions at the macro (citywide) and micro (street and block) scales. The results of this analysis helped to classify the different types of places in Richmond and their subsequent standards.

This Form-Based Code is also based on the input received by the community throughout the process to ensure that the standards in this Code reflect the community's vision for the future of their community as documented in the General Plan (2012), 23rd Street Corridor Charrette Summary Report (2009), and Richmond Livable Corridors Charrette Summary Report (2012).

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

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15.04.401.020 - Form-Based Codes and the Transect.¶

Form-Based Codes are an alternative approach to zoning that reinforces walkable, sustainable, mixed-use environments and development and builds upon the character of a place.

"Form-based codes foster predictable built results and a high-quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. They are regulations, not mere guidelines, adopted into city or county law. Form-based codes offer a powerful alternative to conventional zoning."

~ Form-Based Codes Institute

A. Form-Based Code Components.

Article 15.04.401 (Preamble) provides the overall intent of this Form-Based Code as it is applied within the City.
Article 15.04.402 (Transect Zones) includes information and standards for the transect zones. It organizes dimensional standards for each zone (building placement, building form, parking placement and ratios, architectural styles, allowed frontages, and encroachments) with the allowed uses in each zone, in order to maximize usability and provide a simple user interface.
Article 15.04.403 (Building Types) provides form standards for building types, which supplement the standards found in Article 15.04.402 (Transect Zones).
Article 15.04.404 (Frontage Types) provides form standards for frontages, which supplement the standards found in Article 15.04.402 (Transect Zones).
Article 15.04.405 (Architectural Standards) provides standards for characteristic architectural styles, which supplement the standards found in Article 15.04.402 (Transect Zones) and provide additional standards for the treatment of building and frontage types found in Article 15.04.403 (Building Types) and Article 15.04.404 (Frontage Types).
Article 15.04.406 (General to Large Sites) includes standards and regulations for applicants proposing large infill and community-scaled plans, including standards for thoroughfare networks, connectivity, the development and location of civic and open spaces, and the design of blocks and lots. The standards are designed to promote the development of walkable places.

B. The Rural-to-Urban Transect.

The transect is an organizing principle often used in Form-Based Coding that focuses first on the intended character and type of place and second on the mix of uses within. This differs from the framework found in conventional or Euclidean zoning in which use, rather than form, is the primary focus. Transect-based zone districts are used to regulate the preservation, evolution, and creation of walkable places.

"The Rural-to-Urban Transect is a means for considering and organizing the human habitat in a continuum of intensity that ranges from the most rural condition to the most urban. It provides a standardized method for differentiating between the intentions for urban form in various areas using gradual transitions rather than harsh distinctions. The zones are primarily classified by the physical intensity of the built form, the relationship between nature and the built environment, and the complexity of uses within the zone."

~ Form-Based Codes: A Guide to Planners, Urban Designers, Municipalities, and Developers, by Parolek, Parolek and Crawford

The model transect for American cities is divided into six transect zones or T-zones: Natural (T1), Rural (T2), Sub-urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6), together with a Special District (SD) designation for areas with specialized purposes (e.g., heavy industrial, transportation, entertainment, or university districts, among other possibilities).

[Figure]

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

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15.04.401.030 - Applicability.¶

The Livable Corridors Form Based Code (FBC) and Architectural Standards are effective thirty (30) days after approval by the City Council ("Effective Date"). Any Planning application submitted after the Effective Date for a new project or project amendment is required to comply with the FBC requirements, except for projects with Planning applications under review prior to the Effective Date.

The FBC and Architectural Standards apply to the portions of the City of Richmond within the FBC Map boundary, excluding:

A. Single-family residences, Accessory Dwelling Units, Dwelling Units constructed pursuant to SB 9, also known as the California Housing Opportunity and More Efficiency (HOME) Act projects;

B. Government Buildings;

C. Rehabilitation, modifications, or additions to historic buildings or adaptive reuse of historic buildings; and

D. Richmond Bay Specific Plan.

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

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15.04.401.040 - Exceptions to Architectural Standards.¶

A project applicant may request an exception or exceptions to the Architectural Standards contained in the FBC. For housing development projects, the exception process set forth is an alternative to a request for concessions and waivers under State Density Bonus law (Government Code Section 65915 et seq.); applicants requesting concessions or waivers may not also request exceptions.

The request must be made in writing as part of the Planning application for the proposed project. The application for an exception must contain detailed information describing the architectural standard that is requested to be waived or modified; how the physical constraints and unique characteristics of the project site make it infeasible to comply with that architectural standard; and how the request meets each exception requirement.

The decision-maker (Zoning Administrator, Design Review Board, Historic Preservation Commission, Planning Commission, or City Council, as applicable) will consider the request and information provided and make findings to approve or deny the request. The decision-maker shall only grant an exception if all the following findings are made:

A. There is a physical constraint or unique situation that because of special circumstances regarding the project or property, such as property size, shape, topography, location, or surroundings, or the needs of the use, conformance with the architectural standard is infeasible.

B. Approving the exception will not create a health safety hazard or impair the design integrity and character of the neighborhood in which the subject property is located.

C. The proposed project meets the intent of the design standard for which an exception is requested to the extent feasible.

For housing development projects, denial of the exception does not constitute denial of the project but rather requires the applicant to modify the project to conform with the design standard, either by redesigning the project or through imposition of a condition of approval.

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

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15.04.401.050 - The Richmond Transect.¶

	The Richmond Transect has been defined to respond to the form of places within the City where walkability has been prioritized by the General Plan. These form-based standards are intended to promote walkable places with high-quality public realms, as per the vision of the 2030 General Plan. To do this, standards have been developed for the following transect environments in Richmond:
	The T4 Neighborhood Transect Zone provides a walkable, predominantly single-family neighborhood that integrates appropriate medium-density building types such as duplexes, mansion apartments, and bungalow courts within walking distance to transit and commercial areas.
	The T4 Main Street Transect Zone provides a vibrant main-street commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance.
	The T5 Neighborhood Transect Zone provides medium- to high-density housing in building types such as apartment houses, courtyard apartments, mid-rise buildings, and—in some areas—high-rise buildings that transition from the surrounding lower-density neighborhoods to the higher-density mixed-use corridors and centers.
	The T5 Main Street Transect Zone provides a vibrant, walkable urban main street commercial area that provides locally and regionally serving commercial, retail, entertainment uses, and civic and public uses, as well as a variety of urban housing choices.
	The T5 Core Transect Zone provides a high-density, vibrant, urban downtown that provides locally and regionally serving commercial, entertainment, and civic and public uses, as well as a variety of urban housing choices in main street mixed-use, mid-rise, and high-rise building types.

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15.04.401.060 - How to Use this Form-Based Code.¶

The following diagrams illustrate how to use this Form-Based Code as a series of steps, either for a Building-Scale Project or for a Large Site—see Article 15.04.406 (General to Large Sites).

Quick Code Guide: Building-Scale Projects

[Figure]

Note: this diagram is intended to provide a simplified overview of different code use scenarios and is descriptive, not regulatory.

1 See 15.04.606 (Nonconforming Uses, Structures and Lots) for existing non conforming uses, structures, and parcels.

Quick Code Guide: Large Sites

[Figure]

Note: this diagram is intended to provide a simplified overview of different code use scenarios and is descriptive, not regulatory.

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

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15.04.401.070 - Transect Overview.¶

[Figure]

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

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15.04.401.080 - Building Types Overview.¶

Table 15.04.401.080.A: Building Types Overview

Building Type		Transect Zones
	Carriage House. This Building Type is a secondary structure typically located at the rear of a lot. It typically provides either a small residential unit, home office space, or other small commercial or service use that is located above a garage. This Type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods.
	Detached House. This Building Type is a medium-sized detached structure on a medium-sized lot. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street.
	Cottage. This Building Type is a small, detached structure, either occupying a small lot or built as an accessory dwelling unit. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting, potentially near a neighborhood main street, and is an important means of offering affordable housing opportunities in these locations. In T4MS and T5N, this type is allowed as an accessory dwelling unit.
	Bungalow Court. This Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element of this Type. Synonym: Cottage Court
	Duplex. This Building Type is a small- to medium-sized structure that consists of two side-by-side dwelling units with a shared property line, both facing the street, or two stacked units. Both units fit within a single building massing, giving this Type the appearance of a medium to large single-family home. This type is appropriately scaled to fit within primarily single-family residential neighborhoods or medium-density neighborhoods.
	Rowhouse. This Building Type is a small- to medium-sized structure consisting of 3-8 rowhouses placed side-by-side and sharing common party walls. This Type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family residential neighborhood into a neighborhood main street. Synonym: Townhouse In T5MS and T5C, this type is allowed only in the Open Sub-Zone.
	Multi-Plex: Small. This Building Type is a medium-sized structure that consists of 3-6 side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This Type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family residential neighborhoods or into medium-density neighborhoods. In T5MS and T5C, this type is allowed only in the Open Sub-Zone.
	Multi-Plex: Large. This Building Type is a medium- to large-sized structure that consists of 7-18 side-by-side and/or stacked dwelling units, typically with one shared entry. This Type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly single-family residential neighborhoods. In T5MS and T5C, this type is allowed only in the Open Sub-Zone.
	Stacked Flats. This Building Type is a medium- to large-sized structure that consists of multiple dwelling units. Each unit may have its own individual entry, or may share a common entry. This Type is appropriately scaled to fit adjacent to neighborhood serving main streets and walkable urban neighborhoods. This Building Type may include a courtyard. In T5MS and T5C, this type is allowed only in the Open Sub-Zone.
	Courtyard Building: Small. This Building Type is a detached, House-Scale structure that consists of attached and/or stacked units, accessed from a shared courtyard. The shared court is common open space. Each unit may have its own individual entry, or up to four units may share a common entry. This Type is appropriately scaled to fit in sparingly within primarily single-family residential or medium-density neighborhoods.
	Courtyard Building: Large. This Building Type is a detached or attached, Block-Scale structure that consists of attached and/or stacked units, accessed from one or more shared courtyards. The shared court is common open space. The type is typically integrated into moderate-to-high-intensity neighborhoods and on main streets with a non-residential ground floor along the adjacent street.
	Live/Work . This Building Type is a small- to medium-sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. Both the ground-floor flex space and the dwelling unit are occupied by one entity. This Type is typically located within medium-density neighborhoods or in a location that transitions from a single-family residential neighborhood into a neighborhood main street.
	Main Street Building. This Building Type is a small- to medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor commercial, service, or retail uses and upper-floor commercial, service, or residential uses. This Type makes up the primary component of a neighborhood main street and portions of a downtown main street.
	Mid-Rise. This Building Type is a medium- to large-sized structure, 4-8 stories tall, built on a large lot. It can be used to provide a vertical mix of uses, accommodating ground-floor retail, service, and/or structured parking with the upper-floors housing service or residential uses; it may also be a single-use building—typically service or residential—where ground-floor retail is not appropriate. This Type is a primary component of an urban downtown providing high-density buildings.
	High-Rise. This Building Type is a large-sized structure, more than eight stories tall, built on a large lot that incorporates structured parking. It is used to provide a vertical mix of uses, with ground-floor retail or service uses and upper-floor commercial, service, or residential uses. This Type is a primary component of an urban downtown providing high-density buildings. In T5N, this type is allowed only in the T5N-135 Sub-Zone.

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

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15.04.401.090 - Frontage Types Overview.¶

15.04.401.090.A Frontages Types Overview The private frontage is the area between the building facade and the lot line.

Section	Section	Plan	Plan	Frontage Type
				Porch: Projecting. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sides and all habitable space is located behind the setback line.
				Porch: Engaged. The main facade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open.
				Stoop. The main facade of the building is near the frontage line and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs from the stoop may lead directly to the sidewalk or may be side-loaded. This type is appropriate for residential uses with small setbacks.
				Forecourt. The main facade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within commercial areas.
				Dooryard. The frontage line is defined by a low wall or hedge and the main facade of the building is set back a small distance creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential in flex zones, live/work, and commercial uses ≤2,500 sf.
				Shopfront. The main facade of the building is at or near the frontage line with an at-grade entrance along the sidewalk. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overlap the sidewalk. It may be used in conjunction with other frontage types. Syn: Retail Frontage, Awning .
				Industrial Shopfront: The main façade of the building is at or near the front building site line with an at-grade or elevated entrance from the sidewalk. This type is intended to showcase the activity of industrial artisan businesses as well as for retail sales of products made on-site. This type may include a decorative roll-down or sliding door, include glazing and an awning that encroaches the sidewalk.
				Gallery. The main facade of the building is at the frontage line and the gallery overlaps the sidewalk. This type is intended for buildings with ground-floor commercial uses and may be one or two stories. The gallery should provide the primary circulation along a frontage and extend far enough from the building to provide adequate protection and circulation for pedestrians.
				Terrace. The facade is at or near the frontage line with an elevated terrace providing public circulation along the facade. This type can be used to provide at-grade access while accommodating a grade change. Frequent steps up to the terrace are necessary to avoid dead walls and maximize access. This type may also be used in historic industrial areas to mimic historic loading docks.

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

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Richmond Municipal Code § 15.04.401.040 Exceptions to Architectural Standards

15.04.401.010 - Introduction.¶

15.04.401.020 - Form-Based Codes and the Transect.¶

15.04.401.030 - Applicability.¶

15.04.401.040 - Exceptions to Architectural Standards.¶

15.04.401.050 - The Richmond Transect.¶

15.04.401.060 - How to Use this Form-Based Code.¶

15.04.401.070 - Transect Overview.¶

15.04.401.080 - Building Types Overview.¶

15.04.401.090 - Frontage Types Overview.¶

Explained in plain English