SECTION 2. The City Council finds and determines the Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this Ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.
SECTION 3. Moratorium. A 45-day moratorium is hereby imposed on the issuance and 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 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 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 February 18, 202 5 through and including April 4, 202 5, or, for housing developments, from the date 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 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. Any projects that have vested rights to a new sewer connection because of previously issued building permits; and
b. Projects ordinarily requiring a connection to the Keller Beach Sanitary Sewer for which an application is submitted that proposes a design for the extension of a sewer main to an alternative segment, or which proposes a temporary solution that meets health & safety standards and creates no more sewage into the Keller Beach Sanitary Sewer than existing development on the site, the design which is approved by the City Engineer or Public Works Director, and the applicant agrees to be solely responsible for all costs and expenses of installing and maintaining said sewer main or temporary solution, and to connect to the Keller Beach Sanitary Sewer when it is repaired or replaced, among other terms and conditions provided by the City in an executed and recorded wr itten 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 process ed 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 r equiring the commencement of a proposed use or construction shall be tolled for existing entitlements and for 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.
a. Any person who has applied for a permit or entitlement which would be affected by this Ordinance, and who contends that the Ordinance as applied to them would unlawfully restrict the use of the subject property may submit a written application to the Planning Commission requesting relief from this Ordinance. The petition for relief from the moratorium shall identify the name and address of the applicant, the affected 485
Ord. No.
application number, and shall state how the Ordinance as applied to them would affect the applicant’s reasonable use and economic value of the subject property . The Planning Commission, or their designee, shall mail to the applicant a written determination accepting or rejecting the request for relief from Ordinance.
b. In deciding the question of whether relief shall be provided from the moratorium, the Planning Commission shall make the findings as to the applicant’s:
1. Reasonable, investment-backed expectation;
2. Reasonable, economic use of the subject property;
3. The timing and the impact of adding the KBSS connection; and
4. Whether the impacts are reasonable under the circumstances.
c. Public Hearing.
1. In deciding the petition for relief, the Planning Commission shall conduct a public hearing and shall set a time and place for such hearing to be held within thirty (30) days of the City’s receipt of a complete petition for relief;
2. At least ten (10) days before the public hearing, the City shall make available to the public copies of the petition for relief in the office of the City Clerk;
3. Notice of the public hearing shall be provided in accordance with Richmond Municipal Code Article 15.04.803;
4. After receiving public comment, the Planning Commission shall approve, deny, or modify the petition for relief based o n the required findings of Section 7(b) above within thirty (30) days following the hearing;
5. The City shall promptly notify the applicant in writing of the Planning Commission’s decision on the petition for relief and shall state the reasons and grounds therefore. The City shall also mail notice of its decision to members of the public who have requested notice.
d. Appeal.
1. Any person aggrieved by the Planning Commission’s decision on the applicant’s petition for relief may appeal to the City Council by sub mitting a written appeal to the City Clerk within ten (10) days of the decision date. The appellant shall remit the appeal fee listed in the City’s Master Fee Schedule when submitting the appeal.
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 govern, 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 pursuant 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 decis ion shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it 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.
-----------------------------------
I hereby certify that the foregoing Ordinance of the Council of the City of Richmond was 486
Ord. No.
duly passed and adopted at a meeting thereof held February 18, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTION:
______________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_________________________
Mayor
Approved as to form:
_________________________
City Attorney
Exhibit A: Sewer Moratorium Area
487
8
6 8 " - 1 4 . 5 '
6 " - 3 5 '
8 " - 2 8 '
1 2 " - 3 7 '
6 " - 5 0 '
6 " - '
6 " - 4 8 '
6 " - 4 0 '
6 " - 7 3 '
6 " - 5 8 '
6 " - 6 5 '
8 " - 6 5 '
6 " - 5 5 '
6 " - 7 3 '
8 " - '
6 " - 7 2 '
6 " - 7 2 '
1 2 " - 7 3 '
6 " - 7 4 '
6 " - 7 0 '
6 " - 7 7 '
6 " - 1 3 3 '
6 " - 9 0 '
6 " - 1 0 0 '
8 " - 8 4 '
6 " - 8 7 '
6 " - 8 6 . 8 '
6 " - 9 3 '
6 " - 1 0 0 '
6 " - 1 0 0 '
6 " - 1 0 3 '
6 " - 1 0 2 '
6 " - 8 1 '
6 " - 1 0 1 '
6 " - 1 0 1 '
6 " - 9 9 '
6 " - 1 1 3 '
6 " - 1 0 0 '
6 " - 1 0 3 '
6 " - 1 0 5 '
6 " - 1 1 4 '
6 " - 1 0 4 '
6 " - 1 2 1 '
6 " - 1 2 2 '
2 1 " - 1 2 4 '
3 6 " - 1 3 0 '
6 " - 1 4 5 '
1 2 " - 1 2 7 . 9 '
2 1 " - 1 3 2 '
6 " - 1 3 3 '
6 " - 1 5 4 '
6 " - 1 3 4 '
6 " - 1 4 1 '
6 " - 1 3 9 '
6 " - '
4 " - 1 4 6 '
6 " - 1 5 0 '
6 " - 1 4 9 '
8 " - 1 0 6 '
6 " - 1 3 7 . 5 '
6 " - 1 5 1 '
8 " - 1 5 0 . 5 '
6 " - 1 5 0 '
8 " - 1 5 2 '
8 " - 1 5 9 '
6 " - 1 5 5 '
6 " - 1 5 5 '
6 " - 2 5 7 '
8 " - 1 5 2 '
6 " - 1 6 5 '
6 " - 1 7 6 '
6 " - 1 7 0 '
6 " - 1 6 1 '
6 " - 1 7 2 '
8 " - 1 7 0 '
6 " - 1 7 5 '
1 2 " - 1 7 3 '
6 " - 1 7 6 '
6 " - 1 7 8 '
6 " - 1 8 1 '
6 " - 1 7 5 '
6 " - 1 5 7 '
6 " - 1 6 0 '
8 " - 3 4 4 '
1 0 " - 1 8 5 '
6 " - 1 9 6 '
6 " - 2 1 5 '
6 " - 1 7 5 '
8 " - 2 0 1 '
6 " - 2 0 0 '
8 " - 2 0 5 '
6 " - 2 1 6 '
6 " - 1 9 2 '
6 " - 1 9 3 '
1 0 " - 2 0 7 '
6 " - 2 2 0 '
3 9 " - 2 2 7 '
8 " - 2 1 9 '
6 " - 2 2 0 '
1 2 " - 2 1 8 '
6 " - 2 2 0 '
6 " - 2 1 8 '
1 6 " - 2 2 3 ' 6 " - 2 0 1 '
6 " - 2 1 7 '
6 " - 2 3 5 '
6 " - 2 3 3 '
6 " - 2 3 0 '
6 " - 2 3 5 '
6 " - 2 3 5 '
1 0 " - 2 4 6 '
1 2 " - 2 4 2 '
6 " - 2 4 4 '
6 " - 1 4 5 '
1 0 " - 2 5 2 '
6 " - 2 5 4 '
6 " - 2 5 0 '
6 " - 2 3 9 '
6 " - 4 1 5 '
1 2 " - 2 6 1 '
8 " - 2 6 8 '
1 2 " - 2 2 3 '
6 " - 2 6 3 '
8 " - 2 7 3 '
6 " - 2 6 3 '
1 0 " - 2 7 5 '
6 " - 2 8 0 '
6 " - 2 8 3 '
6 " - 2 4 3 '
6 " - 2 9 3 '
6 " - 2 8 8 '
6 " - 2 8 9 '
6 " - 2 9 0 '
6 " - 2 9 2 '
1 2 " - 2 9 2 '
1 0 " - 2 9 5 '
6 " - 2 9 5 . 3 8 '
6 " - 3 0 0 '
8 " - 3 0 1 '
1 2 " - 3 0 6 '
8 " - 3 0 8 . 5 4 '
6 " - 3 1 1 '
1 0 " - 2 9 7 '
6 " - 3 1 5 '
1 2 " - 3 2 8 '
6 " - 3 2 8 '
8 " - 3 3 7 '
6 " - 3 6 3 '
1 2 " - 3 5 6 '
6 " - 3 4 6 '
8 " - 3 4 5 '
6 " - 4 0 0 '
6 " - 3 5 6 '
6 " - 3 7 5 '
8 " - 3 6 9 '
6 " - 3 7 0 '
6 " - 3 7 1 '
1 2 " - 3 9 3 '
1 5 " - 4 5 4 '
6 " - 3 8 0 '
3 6 " - 4 0 6 '
1 2 " - 3 9 3 '
6 " - 4 0 9 ' 6 " - 4 2 2 '
1 0 " - 4 2 2 '
3 6 " - 4 1 8 '
6 " - 4 3 4 '
3 6 " - 4 4 1 '
8 " - 4 5 6 '
6 " - 4 7 6 '
8 " - 2 5 0 '
1 2 " - 5 1 4 '
6 " - 5 1 8 '
2 1 " - 6 7 4 '
CASTRO
ST
TEWKSBURY AVE
PACIFIC AVE
GOLDEN
GATE
AVE
I 580
S
GARRARD
BLVD
CONTRA COSTA ST
WASHINGTON
AVE
W
RICHMOND
AVE
DORNAN
DR
MARINE ST
GRANDVIEW CT
WESTERNDR
SANTA
FEAVE
CREST AVE
BELVEDEREAVE
HIGHST
TREMONTAVE
LOBOS CT
CYPRESSPOINTRD
MARTINAST
CLARENCE ST
SUMMIT PL
LOBOSAVE
COTTAGE AVE
SCENIC
AVE
BISHOP ALY
OCEAN AVE
CASEYDR
NICHOLL AVE
PIEDMONTPL
RAILROAD AVE
TUNNEL AVE
EDDYST
DELFINO AVE
PARK PL
TERRACE
AVE
VINE AVE
ALLEY
WATER ST
CHEVRON WAY
BISHOP AVE
F 7 S S 1
K e l l e r B e a c h
P u m p S t a t i o n
1 inch = 350 feet
0 350 700
Feet
Legend
Sewer Fitting
L a m p h o l e , A c t i v e
L a m p h o l e , P r i v a t e
L a m p h o l e , B u r i e d
O t h e r
W y e
Sewer Manhole
A c t i v e
B u r i e d
A b a n d o n e d
Sewer Structure
P u m p S t a t i o n
Sewer Force Main
F o r c e M a i n
Sewer Gravity Main
A c t i v e
R e l i e f
A b a n d o n e d
PUBLIC
WORKS
DEPARTMENT
KELLER BEACH LINE
P a r c e l L i n e s
Moratorium Parcels by Use Code
F o u r p l e x
S i n g l e f a m i l y , 1 r e s i d e n c e o n 2 o r m o r e s i t e s S i n g l e f a m i l y o n o t h e r t h a n s i n g l e f a m i l y l a n d S i n g l e f a m i l y r e s i d e n t i a l , d e t a c h e d , w / c o m m o n a r e a ( n o r m a l S u b d i v i s i o n t y p e P U D ) ; d u e t s w / c o m m o n a r e a S i n g l e f a m i l y , 2 o r m o r e r e s i d e n t i a l o n 1 o r m o r e s i t e s A t t a c h e d P U D s , c l u s t e r h o m e s , c o - o p s , c o n d o s , t o w n h o u s e s , e t c . D u p l e x
T r i p l e x
S i n g l e f a m i l y , 1 r e s i d e n c e o n 1 S i t e a n d D u e t s w / o c o m m o n a r e a s A p a r t m e n t s , 5 - 1 2 u n i t s , i n c l u s i v e R e s i d e n t i a l V a c a n t , 1 s i t e ( i n c l u d e s P U D s i t e s ) R e s i d e n t i a l V a c a n t , 2 o r m o r e s i t e s R e s i d e n t i a l V a c a n t , u n b u i l d a b l e I n d u s t r i a l V a c a n t L a n d ( n o t p a r t o f i n d u s t r i a l p a r k o r P . a n d D . ) N o D a t a
C o m m o n a r e a p a r c e l s i n P U D s ( o p e n s p a c e s , r e c r e a t i o n a l f a c i l i t i e s ) G o v e r n m e n t - o w n e d , w i t h o r w i t h o u t b u i l d i n g s ( f e d e r a l , s t a t e , c i t y , B A R T ) M i s c e l l a n e o u s i m p r o v e m e n t s , 1 s i t e J a n u a r y 2 0 2 2
488
CITY OF RICHMOND
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Richmond has scheduled a public hearing on Tuesday, February 18, 2025, at 6:30 p.m. or as soon thereafter as the matter may be heard, in accordance with Government Code Section 65858 to:
Consider an urgency ordinance to impose a 45-day moratorium on the issuance of building permits requiring new sewer connections to the Keller Beach Sanitary Sewer; and, declared an urgency thereof within the Sewer Moratorium Area (map of affected properties is available online at: https://www.ci.richmond.ca.us/4219/Keller- Beach). As such, no permits requiring new sewer connections may be issued or approved while the moratorium, including any extensions, remains in effect. The Ordinance creates a procedure for relief from the moratorium and established exemptions from same. The Ordinance is not a project under the California Environmental Quality Act (CEQA), in that it maintains the existing physical environment and prevents changes in the environment and so does not have the potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378(a)). It is also exempt under Guidelines Sections 15060(c)(2), as the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and Section 15061(b)(3), as there is no possibility that the adoption of this ordinance may have a significant effect on the environment because it maintains the existing condition of the environment.
Copies of the proposed ordinance and staff report will be available for review on Friday, February 14, 2025 at https://www.ci.richmond.ca.us/4219/Keller-Beach and Engineering Division Office, 450 Civic Center Plaza, Richmond, CA 94804. Further information may be obtained from Robert Armijo, Deputy Public Works Director/City Engineer, e-mail: [email protected]
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: Masks are strongly encouraged. 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
PLEASE TAKE NOTICE that if you challenge the adoption of the ordinance in court, you may be limited to raising only those issues you or someone else raised at public hearings before the City or in written correspondence delivered to the City at, or prior to, the public hearing.
By Order of the Richmond City Council:
Jasuara Castaneda
Deputy City Clerk
Dated: February 4, 2025 Publish: February 8 and February 15, 2025
AVISO: Para obtener ayuda interpretative con esta noticia, por favor llame a la oficina de la Secretaria Municipal, al (510) 620-6513. 489