THIS SECTION TO BE COMPLETED BY THE CITY CLERK'S OFFICE STAMP OF RECEIPT:
RECEIVED
Richmo CITY CLERKS OFFICE
1OND
2026 MAR 12 AMII: 37
FEE PAID: $50000 31 Checkt - 1008
DATE: 312/7076
TO THE RICHMOND CITY COUNCIL:
The undersigned hereby appeals decision: By the Historic Preservation Commission By the Planning Commission X
Denial of: Approval_ of:
Variance (V) _ Tent Subd. Or Parcel Map (TM)
Conditional Use Permit (CUP) Rezoning (RZ)
Design Review Permit (DRP) EIR Decision (EIR)
Other
DESCRIBE ITEM AS PRINTED ON THE PLANNING COMMISSION or
HISTORIC PRESERVATION AGENDA:
Marina Point Residential Project (PLN23-117): March 5 approval of design, vesting tentative map and Shoreline Overlay District CUP.
STATE REASONS FOR APPEAL:
TRAC, the Trails for Richmond Action Committee, is filing this appeal for the reasons stated in the attachment.
DELIVER OR MAIL TO: NAME Bruce Beyaert, TRAC Chair
City Clerk ADDRESS 73 Belvedere Ave., Richmond CA 94801 450 Civic Center Plaza, 3"d Floor 73 Belvedere Ave., Richmond CA 94801 Richmond, CA 94804 TELEPHONE (HOME) 510-789-3078
(WORK)
Clear Form Print Form
SAVE THE BAY 1008
560 14TH ST STE 400
OAKLAND CA 94612-1454 90-8205/1211
3/10/2025
Date
orderof CITY OF RICHMOND, CA 500.00
FINE HUNPRED AND %100 DOLLARS -
- Dollars Age a
Beneficial State Bank
For APPEAL FILING FEE Dant her.
82211820568
Main Streat Benelicial State Bank
Reasons for Appeal
by Trails for Richmond Action Committee (TRAC)
Planning Commission Approval of Marina Point Residential Project (PLN23-117) For more than 40 years, the City of Richmond has required near-shore residential developments to design, install, and maintain attractive landscaping and public access amenities along the San Francisco Bay Trail. Examples range from the development of Marina Bay in the 1980s to the Shea Homes recent Waterline project between Brickyard Cove Road and Canal Boulevard.
In contrast, the Marina Point residential project approved by the Planning Commission on March 5 leaves a 50- to 60-foot-wide "Open Space" area as an unimproved strip with no landscaping and no public access amenities between the existing Bay Trail and the first row of houses.
This area lies within the zone 100 feet inland from the mean high tide line subject to:
1. A Conditional Use Permit under the City of Richmond's Shoreline Overlay District ordinance; and
2. A permit from the Bay Conservation and Development Commission (BCDC).
The lack of landscaping and public amenities results from an effort to avoid these City and BCDC permit requirements on the part of applicant Guardian Capital of Carlsbad, Members of the Planning Commission were initially led to believe that landscaping would be provided. The agenda report for the March 5 meeting stated on pages 11-12:
"Extensive landscaping would also be provided at ... the frontage to the Bay Trail and coastline," and "Landscaping would include trees ... along the Bay Trail." However, the attached Landscape Plan L1 shows no landscaping within the 50- to 60- foot-wide strip between the Bay Trail and the wall supporting the residential development.
When this became clear during the March 5 hearing, several Commissioners expressed concern and interest in requiring improvements.
Vice Chair Brubaker stated:
"One condition I was thinking is that the applicant shall design, build and maintain the entire open space between the houses and the Bay Trail... It should be open to the public to use and enjoy the space."
Commissioner Timmons similarly observed:
"If I bought an expensive home and there was a big piece of land that nobody ook accountabilitv tor it would iust piss me off.
robably not that expensive of a development situation seems ill.... t's However, the Commission was advised by City staff that requiring improvements in this area would create litigation risk under the Housing Accountability Act (HAA). As a result, the Commission declined to adopt a mandatory condition and instead approved a weak condition stating:
"Developer use its best efforts to collaborate with the City of Richmond and the BCDC on the design and development of the equitable solution and use of the strip of land between the Bay Trail and the residential development property." The central issue is that the Planning Commission was unaware that the project application deemed complete on June 12, 2023 included landscaping and public access amenities in the area between the Bay Trail and the houses, as shown on the attached Frontage Landscape Plan L2 dated June 9, 2023.
As a result, the Planning Commission understandably proceeded under the impression that requiring shoreline landscaping could introduce a new requirement. In fact, the requirement was already reflected in the project materials submitted to the City and deemed complete in 2023.
Under the SB 330 Permit Streamlining Act, the development standards and project features included in an application deemed complete establish the baseline against which the project must be reviewed. Similarly, under the Housing Accountability Act, a housing project that is consistent with applicable regulations at the time the application is deemed complete may not later be denied or made infeasible through new or more restrictive standards.
Because landscaping and public access amenities in the area between the Bay Trail and the houses were included in the application deemed complete, requiring those improvements would not introduce a new development standard. Instead, it would ensure that the project is constructed consistent with the plans and representations upon which the application was deemed complete.
As the applicant's attorney noted during the hearing:
"The project application was deemed complete... under the Permit Streamlining Act, and it was therafter deemed consistent with all of the city land use regulations... That deemed consistent status applies also to the Shoreline Overlay District." Request to the City Council
TRAC respectfully requests that the City Council ensure that the project approval record is accurate and complete by adopting the following additional condition of approval:
The applicant shall obtain from the Bay Conservation and Development Commission a permit to install and maintain landscaping and public access facilities in the space between the San Francisco Bay Trail and the project's wall fronting the Bay, and shall open this space for public use and enjoyment prior to issuance of the first certificate of occupancy for any residence.
This condition would not impose a new standard under the Housing Accountability Act, but would simply ensure that the approval is consistent with the project application deemed complete by the City and with the City's Shoreline Overlay District ordinance.
For decades, Richmond has worked with developers, regional agencies, and community organizations to create one of the most extensive and welcoming segments of the San Francisco Bay Trail. Requiring attractive landscaping and public access amenities along the shoreline has been a consistent expectation of waterfront development in Richmond. Ensuring that the Marina Point project meets this same standard will uphold the City's shoreline policies and continue Richmond's proud tradition of providing public access to San Francisco Bay.
Adopting this clarification would not require reopening or reconsidering the overall project approval. It would simply ensure that the project proceeds consistent with the shoreline improvements already reflected in the application deemed complete by the City.
Attachments
• Landscape Plan L1 presented at the March 5, 2026 Planning Commission meeting
• Frontage Landscape Plan L2 submitted June 12, 2023 as part of the application deemed complete
Plan Approved 3/5/26 by Planning Commission
"Open Space"
LANDSCAPE NARRATIVE
The plant palette is made up of a combination of evergreen and deciduous native and naturalizing plants that are disease and pest-resistant, drought- tolerant species arranged to complement the homes and buffer the site from Marina Way South and the adjacent Bay Trail. The plant arrangement is orthogonal at and against the buildings, along the fence line and transitions to a naturalistic pattern along the frontages within the large bioswales that run along the east side of the property. The design creates focal points at the project entry drives and adjacent to pedestrian pathways to highlight on- Bay Trail site pedestrian and vehicular circulation. Evergreen species are used at the property line and against the buildings to ground the tall structures.
The centrally located tot lot uses industrial looking play equipment that reflects the site's past as a shipyard. Interpretive art and signage may be installed along the project frontage to continue the Homefront story of the Kaiser Shipyards and fulfill the required Percent for Art contribution. The art will be reviewed by the Richmond Arts and Culture Commission and will be coordinated with the Rosie the Riveter Homefront Museum. 'Remnant' concrete walls with a board form finish are placed within the perimeter landscape as reminders of the large structures and site uses of the past. An existing foundation wall is preserved within the Bay Trail frontage The same board form concrete finish is used for retaining walls along the project edges and for storm water treatment area walls. Site furnishings like tables, benches and trash/recycle receptacles will be a combination of recycled plastic or wood and metal to complement the homes and play area.
Street tree species were selected from the City of Richmond's adopted master list of street trees. The trees are specified as 24-inch box and 15-gallon size. The shrubs, ground covers and vines are 1- and 5-gallon size.
Ornamental ground cover and bioswale plants are specified at one (1 )-gallon container sizing and the hydroseeded erosion control planting will achieve 44 full coverage within one (1) year. The undisturbed Bay Trail frontage will be hydroseeded with native coastal scrub vegetation.
The landscape irrigation system will comply with the City of Richmond, Water Efficient Landscape Ordinance and will be automatically controlled by an approved EBMUD smart controller with multiple programming, weather data capability and rain shut off device. All valves/circuits are grouped in hydrozones (zones) with matched precipitation rates, separated based upon water use. The system will mainly be made up of in-line drip and bubblers MARINA WAY SOUTHL to all planted ground cover, shrubs and trees with a temporary spray area to
RICHMOND WELLNESS TRAIL
establish the native hydroseeded area. Each zone will have low head check valves.
-
LUCRETA EDWARDS
SHORELINE PARK
LANDSCAPE AREA:
•!"• TOTAL SITE AREA: 4.92 A.C. 214,315 SF
NORTH SCALE: 1'=30-0° TOTAL LANDSCAPE AREA: 52,332 SF
PERCENTAGE LANDSCAPED 24.4% OF TOTAL AREA OF PARCEL
GUARDIAN ktgy CSW ST2 HSW MARINA POINT DESIGN REVIEW SUBMITTAL LANDSCAPE PLAN L1 RICHMOND, CA 8 2023-0101 JANUARY 2026
Plan from Application Deemed Complete on June 12, 2023
_andscaping, plaza gathering area & art/interpretive hub 55 Bay Trail MATCHLNE SEE BELOW LEF
NOTES:
BIORETENTION STORM WATER TREATMENT BASN
boulders ana cocol are cracoo wans nawo no-mow arass wilt SAN FRANCISCO evergreen native shrubs and trees. A wooden boardwalk will be constructed
BAY EXISTING ESPLANADE
7 over the basin to provide access to Marina Way South from units 60-70
COASTAL SCRUB VEGETATION ALONG SHORELINE
Drifs of teil grasses and perentials within native no-movr orasses puncumed wth low-provino, averoretn nabve shrubs "REMNANT ROUGH CONCRETE FOUNDATION WALLS
aludes to sho's historic past use as Kaiser Shipyards
PLAZA AT BAY TRAIL WITH LONG, WDE STAIRS
creatos an ilormal ca heche area and arunterptewe nub
UNIT DRIVEWAY
Concrete band around permeable pavers
Athel pering with 12 concrete gutter and roted curb
CROSSWALK
10 Stamped, colored aspheit paving within 12° contrasing colored bands 69 VISITOR PARKING
14 total stalls, 2 ADA
64 PEEST pi mauned fgt win derik aky cul of lons 000 mc. 13 BOLLARD LIGHT
70 BOLLARD
12 MATCHLINE SEE ABOVE RIGHT Powder-coated metal bollards within 18° concreto band at street ends
WOOD FENCING
8'-0* tall property line fencing and gato
13) TRY ROAD LANDSCAPIN
wering accent trees and shrubs placed along roadway to accent entrai
LUCRETIA EDWARDS MARINA WAY SOUTH
SHORSIINE DARK
CSW|ST2
GUARDIAN Kliby MARINA POINTI DESIGN REVIEW FRONTAGE
LECO CTAC JONE 5, 2025** L2
A Land Advisors NORTH SCALE:1'%20.0° ENLARGEMENT PLAN