AGENDA REPORT
EXHIBIT A
2/9/2023 NOTICE OF VIOLATION
AGENDA REPORT
EXHIBIT B
2/28/2023 PHOTOGRAPHS
AGENDA REPORT
EXHIBIT C
3/3/2023 ADMINISTRATIVE CITATION
AGENDA REPORT
EXHIBIT D
3/30/2023 REPORT TO HEARING
OFFICER (without exhibits)
AGENDA REPORT
EXHIBIT E
4/12/2023 HEARING OFFICER
FINDINGS/DETERMINATION
AGENDA REPORT
EXHIBIT F
5/24/2023 REPORT TO HEARING
OFFICER (without exhibits)
AGENDA REPORT
EXHIBIT G
6/8/2023 HEARING OFFICER
FINDINGS/DETERMINATION
AGENDA REPORT
EXHIBIT H
10/12/2023 ENCROACHMENT PERMIT
APPLICATION
Updated 08/02/2023 BEFORE YOU DIG – CALL USA @ 1-811/800-227-2600 Submittal Date: ____________________ Staff: ___________________ Assigned Permit Number (CRW): _______________________________
Applicant:
Property Owner Contractor Utility Company Other Contact Name:
Address:
Phone: Cell:
Email:
Job/Reference Number:
Cntractor/Sub-Contractor:
Contractor License No.:
Contact Name:
Address:
Phone: Cell:
Email:
Richmond Business License No:
Scope of Work:
__________________________________________________________
STAFF USE ONLY
Encroachment Permit: $575
Sewer Lateral (Sewer District: Richmond West County Stege) Right of Entry (monitoring wells, pavement coring)
Facility Placement (debris box, temporary fence) $218 Concrete: (sidewalk, driveway approach, curb/gutter) $224 Plumbing: (Cleanout/2-Way Back Flow Preventer) $194
Traffic Control Plan Review:
# of Hours: x $290/hr. $
Design Plan Review:
# of Hours: x $290/hr. $
Major Encroachment: (additional days in ROW, in excess of 3) # of Days: x Inspector Hourly Rate: $192/hr. $
Warranty Bond: (required for street cut and for concrete work by a Licensed Concrete Contractor) $500
2% Credit Card Processing Fee $
TOTAL: $
Property Address: ________________________________________ Property Type for 4” Sewer Lateral:
Single Family Multi-Family (4 units or less)
Property Type for 6” Sewer Lateral:
Multi-Family (over 4 units) Commercial Industrial (Refer to WRR)
Est. Start Date: # o f D a y s W o r k i n g i n R - O - W : ________ Street Cut Prohibition: Yes / No (See General Conditions)
1. Is the project within the Marina Bay Area: Yes / No : If yes ,
2. Is the project within the Deed Restricted Areas: Yes / No : If yes,
3. Additional requirements may apply. (See General Conditions) Please draw below or attach a site plan for the proposed work:
SITE PLAN FOR
PROPOSED WORK
CITY OF RICHMOND
Public Works Department
Encroachment Services Division
Office: (510) 307-8091
Apply Online using eTRAKiT
etrakit.ci.richmond.ca.us
ENCROACHMENT APPLICATION FORM
450 Civic Center Plaza, 2nd Floor
P.O. Box 4046
Richmond, CA 94804
www.ci.richmond.ca.us
[email protected]
10/12/2023
Nathan Trivers
Nathan Trivers
2 W Richmond Ave, Richmond, CA 94801
916-640-6239
[email protected]
By owner
N/A
BBQ smoker placement on sidewalk/street
2 W Richmond Ave, Richmond, CA 94801
1/1/2024 Permanent
Updated 08/02/2023
GENERAL CONDITIONS
1. Street C ut Prohibition: Additional requirements may apply for Prohibition Streets. If proposed work involves street excavat ion, the Applicant must check and indicate if the excavation is within any P r o h i b i t i o n S t r e e t . A l i s t o f c u r r e n t P r o hibition Streets is available on our web site at www.ci.richmond.ca.us/index.aspx?NID=2534.
2. Marina Bay Deed Restricted Areas: Additional requirements ma y apply for work conducted within the nine (9) Marina Bay Deed R estricted Areas. If proposed work is conducted within the boundari es of the deed restricted properties, Applicant is to check Deed Restriction and Operation and Maintenance Plan for specific deed restricted area condition of compliance (e.g. Notifica tion of DTSC). A map showing the loca tions and boundaries of these 9 areas is available on our website at www.ci.richmond.ca.us/index.aspx?NID=2752&ART=7571&ADMIN=1.
3. Work shall be done in accordance with the City of Richmond Standard Plans and specifications.
4. This Permit, or a complete copy, shall be kept at t he work site at all times while work is being performed.
5. The Permittee shall repair or replace at the discretion of the City Engineer, any and all pub lic facilities damaged as a res ult of Permittee’s actions in connection with this permit, and shall guarantee repairs or replacements to all work done under this permit, as deemed necessary by the City Engineer, for a period of one year after completion of said work. For concrete and utility trench Works, see Standard Specifications for Concrete Work and Standard Specification for Utility Trench.
6. Permittee shall comply with all Federal, State and Local laws, regulations and statutes applic able to the work being performed under this permit. This also includes compliance with the requirements and permit conditions of the State of California, Division of Industrial Safety.
7. “No Parking” signs must be installed 24 hours in advance.
8. Traffic and pedestrian access control must be in place prior to start of work. No traffic signs and cones are to be left ove rnight without the written permission of the City Department Head/Enginee r. Barricades with flashers are to be us ed. Traffic Control plan shall be in accordance with latest California Manual of Uniform Traffic Control Devices (CA MUTCD) and Pedestrian access plan shall be in accordance with the latest ADA requirements.
9. Traffic shall be permitted to pass through the work area at a ll times. Complete street closures must be approved by the City Department Head/ Engineer.
10. The Permittee shall not work on Saturdays, Sundays, City of Richmond holidays nor between the hours of 5:00 p.m. and 8:00 a.m. without the written permission of the applicable City Department Head/ City Engineer or their designee.
11. Driveways (business, apartments, homes, side streets) must not be closed but are to have access at all times.
12. Except in an emergency, street cut permits shall be obtained in advance for excavation work. An emergency is considered to exis t only when life or property is endangered or when an essential utility service is or may be interrupted during weekends, holidays, or between 5 p.m. and 8 a.m. of normal working days.
13. In the event of an emergency excavation work, the Applicant shall notify the City of Richmond and apply for a street cut pe rmit for “emergency work” within four (4) hours after the City of Richmond’s office opens.
14. All excavation shall be backfilled and paved either temporarily or permanently at the end of each work day or covered with steel traffic plates held securely in place and flush mounted with a non-skip surface.
15. Use and install Best Management Practices (BMP) to comply wi th the City of Richmond Stormwater Management Discharge and Control Ordinance.
Construction activities, including trenching and pavement repair work will be limited when rain is forecast within five days. Supply a recovery system for saw cut waste and sweep all streets daily.
16. Report all utility line breaks to the appropriate utility com pany immediately and notify the City of Richmond Engineering & Capital Improvement Projects Department at (510) 307-8091.
17. The Applicant shall designate in writing before starting work, an authorized English speaking representative who shall have the authority to represent and act for the Applicant. Failure of the authorized representative to be present at the jobsite at all times when work is in progress will be considered as failure on the part of the Applicant to provide adequate supervision and work will be suspended until a representative is present.
18. Construction activity shall be conducted in such a manner that the maximum sound levels at affected properties shall not ex ceed per Municipal Code Chapters 9.52 – Community Noise Ordinance and 15.04.840 – Performance Standards.
19. All utility markings and construction signs shall be removed upon completion of the project.
20. Traffic Control Plans and/or Design Plans must be submitted at least fifteen (15) business days prior to the construction start date.
21. A minimum of 0.5 hour will be charged for Traffic Control Plans and/or Design Plans separately. Increments of 0.5 hour will be charged based on the Engineer’s time to review.
22. No POD container encroachment permits will be issued on the public right of way.
23. A $500 guarantee deposit fee is required for concrete wo rk performed by a licensed concrete contractor.
SPECIAL CONDITIONS
Special conditions may apply after the initial review of the application and will be marked with . Applicant shall review and acknowledge each special condition by initial next to each before signing below. ______ 1. Door hanger notices shall be distributed no sooner than 72 hours and no later than 24 hours prior to the start of work. ______ 2. Additional requirements apply for recently improved street. See attached “Special Conditions for Street Excavations in recently Improved Street”.
______ 3. Obtain permit from Richmond Fire Department. Call (510) 307-8031. ______ 4. Approval from County Health Department must be obtained prior to starting work. Call (925) 646-5225. ______ 5. Comply with California Public Utilities Commission General Order 95 and General Order 128. ______ 6. Contact West County Wastewater District (WCWD) for line location and provide copy of their permit at (510) 222-6700. ______ 7. Contact Stege Sanitary District for line location and provide copy of their permit at (510) 524-4668. ______ 8. Provide AC Transit with information for re-route. Call (510) 891-4839 or (510) 891-4734. ______ 9. Install two way cleanout/ backflow prevention valve/ overflow device per City of Richmond Sewer Lateral Compliance Plan RMC 12.17.040.
______10. Prior to start of work, the Permittee shall inform the property owner/occupant in writing, 72 hours in advance the details (purpose, schedule, time and duration, contact person, etc.) of work in the area. ______11. _____________________________________________________________________________________________________________ I hereby certify that all information provided in this application is true and complete and I agree to comply with the General Conditions and any applicable Special Conditions attached to the permit and all information provided of this application form.
APPLICANT NAME (PRINT): _______________________________________________________ APPLICANT SIGNATURE: ___ ______________________________________________________ DATE: ___________________________10/12/2023 Nathan Trivers
AGENDA REPORT
EXHIBIT I
7/31/2024 ENCROACHMENT PERMIT
DENIAL LETTER
AGENDA REPORT
EXHIBIT J
APPEAL RECEIVED 8/15/2024
August 12, 2024
Pamela Christian
City Clerk
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Dear Pamela Christian,
Subject: Appeal of Encroachment Permit Application #EN23-00843 Denial I'm reaching out to appeal the recent denial of our Encroachment Permit Application #EN23-00843. We submitted this application on October 24, 2023, and received a denial notice on July 31, 2024. I'd like to address some points that I believe are important for reconsideration.
1. Incomplete Application:
When we first submitted the application, it was flagged for missing the Property Address, Estimated Start Date, and the number of days working in the Right of Way (ROW). We promptly uploaded the missing information to ETrakit and, for the next njne months, we didn't hear anything from the City about further issues with our application. If we had been notified sooner, we would have immediately taken care of any additional requirements. It's disappointing that it took this long for the City to provide feedback, especially when we could have addressed everything in a much shorter timeframe.
2. Fire Code Compliance:
I want to assure you that there is NO combustible construction within 1 0 feet of our BBQ Smoker. We take fire safety very seriously and have always ensured that we comply with all relevant codes.
3. Municipal Code Compliance:
Our BBQ Smoker has been on the sidewalk since 2010 without any problems. It has never been labeled as camp paraphernalia or a non-City authorized cooking facility. The sudden interpretation of municipal codes to challenge the presence of the smoker seems inconsistent, especially since the City has not previously provided a list of what constitutes a non-City authorized cooking facility. After 12 years of no issues, it feels unfair to have this brought up now.
4. Community Concern:
We've asked for public records to confirm whether there are complaints from multiple community members, but we haven't received them yet. Without these records, it's hard to u
�
erstand the basis for the City's concern. We'd appreciate proof that the complaints are in eed from more than one person and not just from a single individual. Given the time-sensitive n ure of this appeal, we are submitting this letter before the records are released.
AGENDA REPORT
EXHIBIT K
NOTICE OF HEARING
City Hall • 450 Civic Center Plaza, Suite 300 • Richmond, California 94804 • (510) 620-6513 • www.ci.richmond.ca.us • E-mail: [email protected] O
FFICE OF THE CITY CLERK
S
eptember 12, 2024
N
athan Trivers
2 W Richmond Avenue
Richmond, California 94801
D
ear Mr. Trivers:
A
public hearing for your appeal of the Engineering Department’s denial of Encroachment Permit Application EN23-008341 has been scheduled for Tuesday, September 24, 2024, during the regular meeting of the City Council which will begin at 6:30 p.m.
A
s the appellant, you, or your representative, will have eight minutes to present your reason(s) for supporting the appeal and there will be an opportunity for a two-minute rebuttal. All other speakers will have three minutes to state whether they are in support of or oppose the appeal. A copy of the Notice of Hearing is enclosed.
P
lease call me at (510) 620-6513, ext. 9 should you have any questions.
S
incerely,
P
amela Christian
City Clerk
PC
Enclosure
cc: R
obert Armijo, Engineering Department
CITY OF RICHMOND
NOTICE OF PUBLIC HEARING
EN23-00843
NOTICE IS HEREBY GIVEN that the City Council of the City of Richmond, will conduct a public hearing on Tuesday, September 24, 2024, at 6:30 p.m. or as soon thereafter as the matter may be heard (RMC Section 12.30.290) to:
Consider an appeal of the Engineering Department ’s decision regarding the denial of Encroachment Permit Application EN23-00843, received on August 15, 2024.
Any questions regarding this hearing may be directed to Robert Armijo Engineering Department at (510) 620-5477.
All interested persons are invited to give public comment by mail, eComment, email, and/or Zoom video conference or in-person in the manner that follows, provided that no member of the public may submit more than one verbal comment per agenda item:
In-Person: Interested persons having objections to or wishing to speak in support of this matter may appear and be heard before the City Council in the Council Chamber at 440 Civic Center Plaza, Richmond, California.
Via mail: received by 1:00 p.m. the day of the meeting, sent to 450 Civic Center Plaza, 3rd Floor, Office of the Clerk, Richmond, CA 94804.
Via eComments: eComments are available once an agenda is published. Locate the meeting in "upcoming meetings" and click the comment bubble icon. Click on the item you wish to comment on.
Email your comment to [email protected] should you have difficulty submitting an eComment during a meeting.
Via email: to [email protected] by 1:00 p.m. the day of the meeting. Email MUST contain in the subject line 1) public comments – Agenda Item #. All such email with correctly labeled subject lines will be posted on-line and emailed to the City Council before the meeting is called to order. Email received after 1:00 p.m. will be posted on-line following the meeting as part of the supplemental materials attached to the meeting minutes.
Via Zoom: https://zoom.us/j/99312205643?pwd=MDdqNnRmS2k4ZkRTOWhIUIdQOUF1Zz09 Meeting ID: 99312205643
Passcode: ccmeeting
Or iPhone one-tap:
US: +16699006833, 99312205643# or +13462487799, 99312205643# Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 312 626 6799 or +1 929 205 6099 or +1 301 715 8592
By Order of the Richmond City Council:
Pamela Christian
City Clerk
Dated: September 11, 2024 Published: September 14, 2024
AVISO: Para obtener ayuda interpretative con esta noticia, por favor llame a la oficina de la Secretaria Municipal, al (510) 620-6513.
AGENDA REPORT
EXHIBIT L
RESOLUTION NO. ___24