STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM., Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
March 14, 2023
Lina Velasco, Director of Community Development
City of Richmond
Community Development Department
450 Civic Center Plaza, 2nd Floor
Richmond, CA 94804
Dear Lina Velasco:
RE: Approval of the Sewer Moratorium
The purpose of this letter is to provide a determination to the City of Richmond (City) regarding the request to approve the adoption of Ordinance No. 02-23 N.S, a Sewer Moratorium (Moratorium) on housing and other development within an area of the City served by a failing sewer line. The California Department of Housing and Community Development (HCD) is statutorily required to provide determination regarding proposed moratoria (Gov. Code, § 66300, subd. (b)(1)(B)(ii)). HCD received a request for approval for the proposed Moratorium, reviewed relevant materials (e.g., Staff letter, Ordinance No. 02-23 N.S, conditions assessment report, etc.), and met with the City staff. Upon review of the written materials and discussion with the local agency, HCD has determined that the current conditions of the failing sewer line pose an imminent threat to the health and safety of persons residing in the area subject to the Moratorium.
Background
The Keller Beach Sanitary Sewer (KBSS) pipeline was constructed in 1959 and is located by Keller Beach in the San Francisco Bay. The KBSS serves 362 parcels, including 290 existing residences. Based on a commissioned study and assessment of KBSS in 2021, the City found that the inspected pipe is highly corroded and increasingly prone to cracks and breaks
1. The pipe is sagging under the force of
shifting sand and wave action. Some inspected portions are also full of sand, preventing conveyance of wastewater. Due to its location, access to KBSS for maintenance and repair is severely limited. The combination of poor conditions and infrastructure failures suggests a severe environmental harm that may not be remediated quickly. If additional wastewater is conveyed through KBSS, a pipeline failure could cause extensive environmental harm and threaten the health and safety of
1 Coastland Civil Engineering, Conditions Assessment Report, dated January 2, 2022,
Lina Velasco, Director of Community Development
residents. In January 2022, the City adopted an original sewer Moratorium in consultation with HCD. Now, the City seeks to re-adopt the Moratorium that will begin with a 45-day initial period and will be extended for up to 22 months and 15 days, pursuant to Government Code section 65858, subdivision (a).
The proposed Moratorium, established under Ordinance No. 02-23 N.S., would prohibit new sewer connections for any development contributing to KBSS. In the meantime, any housing project approval delayed by the Moratorium will be automatically extended for the duration of the Moratorium. The City has also confirmed that no sites included in the City’s adopted 6
th Cycle Housing Element site inventory are served by KBSS. As a result, no such sites are subject to the proposed Moratorium.
Local Moratorium Regulations Under the Housing Crisis Act (HCA)
Pursuant to Government Code section 66300, subdivision (b)(1)(B)(ii), the affected City cannot enforce a moratorium that would limit housing development until it has submitted the ordinance to and received approval from HCD. Conditions for imposing a moratorium, or similar restrictions on housing development, must demonstrate “an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium” (Gov. Cod, § 66300, subd. (b)(1)(B)(i)).
HCD acknowledges the severity of KBSS condition and the potential harm to public health and safety, and the environment, and anticipates that the Moratorium will need to be extended beyond the 45-day period, pursuant to Government Code 65858, subdivision (a). HCD hereby approves the re-adoption and enforcement of Ordinance No. 02-23 N.S. and its planned extension for up to 22 months and 15 days, by the City of Richmond.
Conclusion
In summary, HCD approves the re-adoption and enforcement of the moratorium and hopes for a speedy resolution of this matter.
If you have any questions regarding the content of this letter or would like additional technical assistance, please contact Mehrsa Imani, of our staff, at [email protected].
Sincerely,
Shannan West
Housing Accountability Unit Chief