Ord. No.
ORDINANCE NO. ____________
AN URGENCY ORDINANCE, PURSUANT TO GOVERNMENT CODE SECTION 65858, BY THE CITY COUNCIL OF THE CITY OF RICHMOND, ESTABLISHING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
REQUIRING SEWER CONNECTIONS TO THE KELLER BEACH SANITARY SEWER; AND DECLARING THE URGENCY THEROF
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WHEREAS, the Keller Beach Sanitary Sewer was constructed in 1959 and consists of 5,392 linear feet of 8 to 12 inch concrete-encased cast iron interceptor pipe and twenty five (25) sewer structures located within the pipeline, consisting of seventeen (17) manholes and eight (8) cleanouts (“KBSS”); and
WHEREAS, KBSS is located off of Keller Beach in the San Francisco Bay, and remains submerged during ordinary tides, making repair and maintenance of the sewer very difficult due to the limited hours where the sewer can be reached and hazardous conditions; and
WHEREAS, there are approximately two hundred and ninety (290) existing connections to KBSS and 362 parcels of land located on the West Side of Point Richmond for which certain development and building activities would require a sewer connection to the KBSS (Sewer Moratorium Area, attached and incorporated as Exhibit A); and
WHEREAS, on November 17, 2021, the City received a commissioned assessment and CCTV analysis regarding KBSS. The report suggested performing immediate remediation of the KBSS and potential removal and replacement of portions of KBSS to a different location; and
WHEREAS, portions of KBSS have severe internal corrosion, sand deposits, defective laterals, buried manholes, and limited maintenance access. The current conditions indicate pipe failure is an imminent possibility that would be exacerbated by additional connections to KBSS; and
WHEREAS, certain portions of KBSS’ profile have significant sags due to inconsistent pipe support from the subgrade sand under and around the pipe and will continue to weaken KBSS’ structural integrity with the addition of new sewer connections; and
WHEREAS, KBSS’ interior walls are highly corroded and the remaining wall thickness and structural strength is unknown: and
WHEREAS, sand and seawater has been found in KBSS, indicating breaks and leaks in the collection system, including cracked sewer laterals. The City has begun identifying and repairing damaged laterals to limit further damage; and
WHEREAS, given the location of the KBSS, pipe failure and/or sewage leaks would result in significant environmental harm with the limited ability to quickly remediate the damage and/or leaks due to limited accessibility; and
WHEREAS, additional development requiring sewer connections to KBSS poses an immediate threat to the public health, safety, and welfare, for the above stated reasons; and
WHEREAS, the City of Richmond Public Works Department is in the process of studying long term solutions to the maintenance and/or relocation of KBSS, mitigation efforts to reduce the risk of pipe failure, and developing sewer connection alternatives for future development in the Sewer Moratorium Area; and
WHEREAS, the City Council finds and determines that the issuance of building permits requiring a new connection to KBSS during the moratorium, in which remediation solutions and alternative sewer service options are being studied, the deteriorating condition of KBSS infrastructure would be exacerbated, creating an imminent threat to public health, safety, and welfare;
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WHEREAS, the City of Richmond has recently received an increasing number of applications for development requiring a sewer connection to KBSS; and
WHEREAS, specifically the City has 13 approved projects, six with issued permits, and 2 with permits currently under review; and
WHEREAS, these issues constitute a current and immediate threat to the public health, safety, and welfare, within the meaning of Government Code Section 65858; and
WHEREAS, the approval of any building permits which would require a new sewer connection to KBSS, which are not authorized by this Ordinance, would result in these threats to the public health, safety, and welfare; and
WHEREAS, Government Code Section 65858 authorizes the City Council to adopt an urgency ordinance by a four fifths vote to temporarily prevent development and/or construction that threatens the public health, safety, and welfare of citizens residing in the Sewer Moratorium Area; and
WHEREAS, Government Code Section 66300 authorizes a moratorium impacting housing development only where such a moratorium would protect against an imminent threat to the health and safety of person residing in, or within the immediate vicinity of, the area subject to the moratorium and after the Department of Housing and Community Development has reviewed said moratorium; and
WHEREAS, the City has consulted with and submitted this ordinance to the Department of Housing and Community Development for review pursuant to Government Code Section 66300, and this ordinance shall not be enforceable until the City has received said approval that this moratorium specifically protects against the imminent threat to the health and safety of persons residing in, or within the immediate vicinity of the Sewer Moratorium Area; and
WHEREAS, the Richmond City Council has determined that a temporary moratorium on the issuance of building permits requiring a new sewer connection to KBSS is necessary to preserve the public health, safety, and welfare, and to protect against the imminent threat to the health and safety of person residing in the Sewer Moratorium Area, and the “Whereas” clauses above taken together constitute the City Council’s statements and reasons constituting such necessity and urgency.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Richmond does ordain as follows:
SECTION 1. The City Council finds and determines the foregoing recitals to be true and correct are incorporated herein by reference as it set forth in full.
SECTION 2. The City Council finds and determines for the reasons stated in the recitals, the adoption of this Ordinance is exempt from CEQA under Section 15061(b)(3), 15307, and 15308 of the State CEQA Guidelines.
SECTION 3. Moratorium. A 45-day moratorium is hereby imposed on the issuance and/or approval of all building permits that would require a new sewer connection to the Keller Beach Sanitary Sewer, further identified in the attached and incorporated Exhibit A.
Accordingly, no such permit or entitlement may be issued or approved while this moratorium, as it may be extended, is in effect. For the purposes of this Ordinance, “sewer connection” means connecting a building’s drainage system which conveys the discharge from soil, waste, and other drainage pipes of a business or residence, to the City’s sewer main and/or other applicable sewer infrastructure.
SECTION 4. Term of Moratorium. In accordance with Government Code Section 65858, this Ordinance shall be in full force and effect for a period of 45 days from the date of its adoption, i.e., from January 18, 2022 through and including March 4, 2022, or when the Department of Housing and Community Development approves this moratorium, whichever occurs later. This 45-day period may be extended by the City Council in accordance with the Ord. No.
provisions in Government Code Section 65858.
SECTION 5. Exceptions. The following development activities within the City limits requiring a sewer connection to Keller Beach Sanitary Sewer identified in Exhibit A are exempt from the moratorium established in Sections 3 and 4:
a. All projects (if any) that have vested rights to a new sewer connection because of previously submitted and fully complete applications and issued building permits;
b. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which the owner/developer submits a design for the extension of a sewer main to an alternative segment, the design which is approved by the City Engineer and/or Public Works Director, and the property owner/developer agrees to be solely responsible for all costs and expenses of installing and maintaining said sewer main, among other terms and conditions provided by the City in an executed and recorded written agreement between the City and property owner/developer to this effect.
SECTION 6. A development application for which a sewer connection to the Keller Beach Sanitary Sewer is required may be processed during the moratorium and any extension of the moratorium. However, the application shall be processed at the applicant’s sole cost and expense and with the understanding that no building permit shall be issued until the moratorium, including any extension of the moratorium, has expired and that, such permit may not be issued if it is inconsistent with any amendments to the municipal code, ordinances, or regulations that are amended by reason of the review that occurs during the moratorium. During the effective period of this moratorium, time periods requiring the commencement of a proposed use or construction shall be tolled for existing entitlements and/or entitlements approved during the effective period of the moratorium, for the duration of time that the moratorium is in effect.
SECTION 7. Petition for Relief from Moratorium. Any person who has applied for a permit or entitlement which would be affected by this Moratorium, and who contends that the Moratorium as applied to them would be unlawful under Federal, State, or local law or regulation, may submit a written application to the Planning Commission requesting relief from the Moratorium. The request for relief from moratorium shall identify the name and address of the applicant, the affected application number, and shall state how the Moratorium as applied to them would be unlawful under Federal, State or local law or regulation. The Planning Commission, or their designee, shall mail to the applicant a written determination accepting or rejecting the request for relief from Moratorium.
SECTION 8. The City Clerk shall certify to the passage and adoption of this Ordinance causing it to be posted, as required by the law, and it shall thereafter be in full force and effect.
This Ordinance shall become effective immediately as an urgency ordinance, in order to protect the public health, safety, and welfare.
SECTION 9. For the term of this ordinance, as set forth in Section 4 hereof, the provisions of this ordinance shall gover n, to the extent there is any conflict between the provisions of this ordinance and the provisions of any other City Code, ordinance, resolution or policy, and all such conflicting provisions shall be suspended.
SECTION 10. This Ordinance is enacted pur suant to the City of Richmond’s general police powers, Article II of the Charter of the City of Richmond, Article XI of the California Constitution, and Government Code Section 65858.
SECTION 11. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that is would have adopted this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.
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I hereby certify that the foregoing Ordinance of the Council of the City of Richmond was duly passed and adopted at a meeting thereof held January 18, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
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Clerk of the City of Richmond
(SEAL)
Approved:
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Mayor
Approved as to form:
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City Attorney
Exhibit A: Sewer Moratorium Area