Article 15.04.614 — WIRELESS COMMUNICATIONS FACILITIES — Richmond Zoning Code

15.04.614.010 - Purpose. ¶

A.

This Article is intended to reasonably regulate, to the extent permitted under California and federal law, the installation, operation, collocation, modification, maintenance and removal of wireless communication facilities in a manner that promotes and protects public health, safety and welfare, and balances the benefits that flow from robust and ubiquitous wireless services with the local values and aesthetic character of the City, its neighborhoods and other districts.

B.

This Article is not intended to, and shall not be interpreted or applied to: (1) prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services; (2) unreasonably discriminate among providers of functionally equivalent personal wireless services; (3) regulate the installation, operation, collocation, modification, maintenance or removal of personal wireless services based on environmental effects from radio frequency emissions to the extent such emissions comply with all applicable Federal Communications Commission (FCC) regulations; (4) create barriers that prohibit or effectively prohibit any telecommunications service provider's ability to provide any interstate or intrastate telecommunications service; (5) prohibit or effectively prohibit any collocation or modification that the City may not deny under applicable California or federal law; or (6) preempt any applicable California or federal laws, regulations or other mandatory rules.

15.04.614.020 - Applicability. ¶

A.

Applicable Facilities. This Article applies to all applications to install, construct, collocate, modify or otherwise alter wireless communication facilities in the City of Richmond.

B.

Legal Nonconforming Facilities. Any existing facility within the City's jurisdictional boundaries that does not conform to the requirements in this Article is deemed a "legal nonconforming use" as defined in Article 15.04.104 and subject to the provisions in Article 15.04.606.

C.

Exempted Facilities. Notwithstanding subsection 15.04.614.020(A), this Article does not apply to the following:

1.

Amateur radio antennas;

2.

Over-the-air-reception devices (OTARD antennas);

3.

Wireless antennas and related equipment installed completely indoors and intended to extend signals for personal wireless services in a personal residence or a business (such as a femtocell or indoor distributed antenna system);

4.

Antennas and related equipment owned and operated by California Public Utilities Commission (CPUC)-regulated electric companies for use in connection with electrical power generation, transmission and distribution facilities covered under CPUC General Order 131-D, as may be amended or superseded;

5.

City-owned and operated facilities for public purposes; and

Wireless antennas and related equipment installed in the public rights-of-way on City-owned or controlled support structures under a valid lease or license agreement with the City.

D.

Special Provisions for Section 6409 Approvals. Any application submitted with a written request for approval pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)) shall be subject to the provisions in Section 15.04.614.100 and exempt from the other provisions in this Article.

E.

Special Provisions for Small Wireless Facilities. Notwithstanding any provision in this Article, including any exemption under subsection 15.04.614.020(C), all small wireless facilities as defined by the FCC in 47 C.F.R. § 1.6002(l), as may be amended or superseded, are subject to a permit as specified in a policy adopted for small wireless facilities by City Council resolution. All small wireless facilities shall comply with the City Council policy. If the policy is repealed, an application for a small wireless facility shall be processed pursuant to this Article.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.030 - Required Permits and Approvals. ¶

A.

Conditional Use Permit. A conditional use permit, subject to the Planning Commission's review and approval and in accordance with Article 15.04.806 (Use Permits), is required for any new facilities and collocations or modifications to existing facilities as follows:

All unconcealed wireless facilities on private property;

2.

Any wireless facility that requires a limited exception pursuant to Section 15.04.614.090;

3.

All wireless facilities on private property in locations listed in paragraphs 15.04.614.050(A)(3) through (A)(7); and

4.

All other wireless facilities that do not meet the criteria for an administrative use permit.

B.

Administrative Use Permit. An administrative use permit, subject to the Zoning Administrator's review and approval and in accordance with Article 15.04.806 (Use Permits), is required for any new facilities and collocations or modifications to existing facilities as follows:

1.

All concealed facilities in locations listed in paragraphs 15.04.614.050(A)(1) and (A)(2) without the need for a limited exception pursuant to Section 15.04.614.090; and

2.

All wireless facilities in the public rights-of-way, unless exempted under this Article.

C.

Design Review. All projects subject to a conditional use permit or an administrative use permit must also obtain design review and approval, in accordance with Article 15.04.805 (Design Review). The Design Review Board shall conduct major design review for facilities subject to a conditional use permit. The Zoning Administrator shall conduct minor design review for facilities subject to an administrative use permit.

D.

Other Regulatory Permits or Approvals. In addition to any conditional use permit or administrative use permit required under this Article, the applicant must obtain all other required prior permits and other regulatory approvals from other City departments, and state and federal agencies. Any conditional use permit or administrative use permit granted under this Article will be subject to the conditions and/or other requirements in any other required prior permits or other regulatory approvals from other City departments, and state and federal agencies.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.040 - Applications. ¶

A.

Application Required; Applicability. The City shall not grant any application for any permit under this Article except upon a duly filed application consistent with the provisions in Article 15.04.803 (Common Procedures), this Section and any written rules or regulations the Director may publish in any publicly stated format. In the event that any conflict arises between the requirements in Article 15.04.803 and this Section 15.04.614.040, the requirements in this Section shall govern. Applications for collocations or modifications submitted for approval pursuant to Section 6409 are governed under Section 15.04.614.100.

B.

Application Content. All applications for an administrative use permit or conditional use permit must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials as the Director deems necessary, appropriate or useful for processing any application governed under this Article, and/or to respond to regulatory, technological or other changes related to this Article. The Director shall provide notice to the public, Planning Commission and City Council when such updates or amendments occur.

C. Submittal and Review Procedures.

1.

Pre-application Conferences. Prior to application submittal, applicants must schedule and attend a pre-application conference with City staff for all proposed facilities that require a conditional use permit. The City strongly encourages but does not require a pre-application conference for all other proposed facilities. Such pre-application conference is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project may qualify for approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other City departments responsible for application review; and application completeness issues. Applicant's may but shall not be required to bring any particular materials to a pre-application conference. City staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request. For any applicant that schedules, attends and fully participates in a pre-application conference, the Zoning Administrator may grant a written exemption from a specific application requirement or requirements when the applicant shows that the information requested is duplicative of information contained in other materials to be submitted with the application or otherwise unnecessary for the City's review under the facts and circumstances in that particular case. Any such written waiver shall be limited to the project discussed at the pre-application conference and shall not extend to any other projects.

2.

Submittal Appointments. Applicants must submit an application at a pre-scheduled appointment. Applicants may generally submit only one application per appointment, but may schedule successive appointments for multiple applications whenever feasible and not prejudicial to other applicants. City staff will endeavor to provide applicants with an appointment within five business days after staff receives a written request for an appointment. Any applications received without an appointment, whether delivered in-person or any other means, shall not be considered duly filed unless the applicant received a written exemption at a pre-submittal conference. The Zoning Administrator will begin to review the application once it is duly filed.

3.

Applications Deemed Withdrawn. To promote efficient review and timely decisions, an application will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the City within 90 calendar days after the City deems the application incomplete in a written notice to the applicant. The Zoning Administrator may, in the Zoning Administrator's sole discretion, grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the 90th day that shows good cause to grant the extension. Delays due to circumstances outside the applicant's reasonable control will be considered good cause to grant the extension.

4.

Authorization to Develop Departmental Rules. The City Council authorizes the Director to establish other reasonable rules and regulations, which may include without limitation regular hours for appointments with applicants, as the Director deems necessary or appropriate to organize, document and manage the application intake process. All such rules and regulations must be in written form and publicly stated to

provide applicants with prior notice. In addition, the Director shall make publicly available an inventory of small wireless facilities that shows the location of each such facility deployed within the City and categorized by neighborhood.

D.

Independent Consultants.

1.

Authorization. The City Council authorizes the Zoning Administrator to, in the Zoning Administrator's discretion, and at any time in the review process, select and retain an independent consultant with qualifications and expertise satisfactory to the Zoning Administrator.

2.

Scope. The Zoning Administrator may request independent consultant review on any issue that involves specialized or expert knowledge in connection with the permit application. Such issues may include, but are not limited to:

a.

Permit application completeness or accuracy;

b.

Planned compliance with applicable RF exposure standards;

c.

Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

d.

Whether technically feasible and potentially available alternative locations and designs exist;

e.

The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and

f.

Any other issue that requires expert or specialized knowledge identified by the Zoning Administrator.

3.

Deposit; Invoices. The applicant must pay for the cost and expense in connection with the independent consultant's review and participation in any meeting. Before the City incurs any costs or expenses, the Zoning Administrator shall require the applicant to tender a reasonable deposit, at the Zoning Administrator's sole discretion. In the event that the deposit is insufficient to cover all costs and expenses, the Zoning Administrator may either (a) require an additional deposit or (b) invoice the applicant. Any required deposit or invoice must be paid in full within 10 days. The City shall not issue any permit to an applicant who has not paid any applicable fee, deposit or invoice as required in this Code.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.050 - Development Standards. ¶

A.

Preferred Locations. All applicants must, to the extent feasible, propose new facilities in locations according to the following preferences, ordered from most preferred to least preferred:

1.

City-owned parcels in any zoning district;

2.

IB, ILL, IL, IG, and IW zoning districts;

CG, CR, and CC zoning districts;

4.

CM-1, CM-2, CM-3, CM-4, CM-5, and LW zoning districts;

5.

PCI, PR, OS and AG zoning districts;

6.

Planned Area districts; and

7.

RH, RL1, RL2, RM-1, and RM-2 zoning districts.

B.

Preferred Support Structures. In addition to the preferred districts described in subsection 15.04.614.050(A) above, the City also expresses its preference for certain support structures within those districts as follows, ordered from most preferred to least preferred:

Collocations with existing building-mounted wireless facilities;

2.

Collocations with existing wireless facilities on electric transmission towers;

Installations on existing buildings or rooftops;

Installations on existing wireless towers;

Installations on existing electric transmission towers;

6.

New freestanding wireless towers.

Note: As a hypothetical example, and not a limitation, in an industrial district where an applicant could achieve its technical objective equally well with antennas mounted on either an electric transmission tower (that does not currently support any wireless facilities) or a new freestanding wireless tower, the applicant must mount the antennas on the electric transmission tower in accordance with the City's preference.

C.

General Development Standards. All new wireless facilities and collocations or modifications not subject to a Section 6409 Request must conform to all the standards in this Section.

1.

Concealment. Wireless facilities must incorporate concealment measures sufficient to render the facility either camouflaged or stealth, as appropriate for the proposed location and design. All facilities must be designed to visually blend into the surrounding area in a manner compatible with the uses germane to the underlying zoning district and consistent with the existing uses in the immediate vicinity of the project site.

2.

Future Collocations. All wireless facilities must be designed and sited in a manner that contemplates future collocations, and will allow additional equipment to be integrated into the proposed facility with no or negligible visible changes to its outward appearance to the greatest extent feasible.

Compliance with Laws. All wireless facilities must be designed and sited in compliance with all applicable federal, state and local laws, regulations, rules, restrictions and conditions, including without limitation the California Building Standards Code, General Plan and any specific plan, the Richmond Municipal Code and any conditions or restrictions in any permit or other governmental approval issued by any public agency with jurisdiction over the project.

4.

Overall Height. Wireless facilities must not exceed the applicable height limit for structures in the applicable zoning district.

5.

Setbacks. Wireless facilities may not encroach into any applicable setback for structures in the applicable zoning district.

6.

Noise. A wireless facility and all equipment associated with a wireless facility must not generate noise that exceeds the applicable ambient noise limit in the zone where the wireless facility is located, including without limitation the provisions in Article 15.04.608 (Performance Standards) and Article 15.04.605 (Noise). The Approval Authority may require the applicant to install noise attenuating or baffling materials and/or other measures, including but not limited to walls or landscape features, as the Approval Authority deems necessary or appropriate to ensure compliance with the applicable ambient noise limit.

7.

Lights. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights, and must install such lights so as to comply with Article 15.04.604 (Lighting and Illumination) and avoid illumination impacts to adjacent properties to the maximum extent feasible. The Approval Authority may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need. All aircraft warning lighting must use lighting enclosures that avoid illumination impacts to properties in the City to the maximum extent feasible.

8.

Signs. No facility may display any signage or advertisements unless expressly allowed by the City in a written approval, recommended under FCC regulations or required by law or permit condition. Every facility shall at all times display signage that accurately identifies the facility owner and provides the facility owner's unique site number, and also provides a local or toll-free telephone number to contact the facility owner's operations center.

9.

Fences, Enclosures and Security. Any fencing or enclosures proposed in connection with a wireless facility must comply with Section 15.04.614.060 (Fences and Walls) and blend with the natural and/or man-made surroundings, subject to the City's review and approval. The Approval Authority may require additional landscape features to screen fences. The Approval Authority shall not approve barbed wire, razor ribbon, electrified fences or any similar measures to secure a wireless facility, except when the applicant demonstrates that the need for such measures significantly outweighs the potential danger to the public and as provided in Chapter 11.88 of the Richmond Municipal Code. For proposed towers without any fence or enclosure, the applicant must incorporate anti-climbing measures, such as a ladder guard or removable ladder rungs, to prevent unauthorized access, vandalism and other attractive nuisances.

10.

Landscape Features. Landscaping may be required to be installed and maintained by Applicant to visually screen facilities from adjacent properties or public view or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to Approval Authority review and approval. Landscaping must comply with Article 15.04.613 (Water-Efficient Landscaping). To the extent that Article 15.04.613 is inapplicable to the landscaping described in this subsection, landscaping must still comply with the methods for achieving water efficiency, contained in the General Landscaping Standards in Section 15.04.613.040.

11.

Utilities. All cables and connectors for telephone, primary electric and other similar utility services must be routed underground to the extent feasible in conduits large enough to accommodate future collocated facilities. The Approval Authority shall not approve new overhead utility lines or service drops merely because compliance with the undergrounding requirements would increase the project cost.

D.

Freestanding Towers.

Tower-mounted Equipment. All tower-mounted equipment must be mounted as close to the vertical support structure as possible to reduce its visual profile. Applicants must mount non-antenna, tower-mounted equipment (including, but not limited to, remote radio units/heads, surge suppressors and utility demarcation boxes) directly behind the antennas to the maximum extent feasible. All tower-mounted equipment, cables and hardware must be painted with flat colors subject to the Approval Authority's prior approval.

2.

Ground-mounted Equipment. All ground-mounted equipment must be concealed within an existing or new structure, opaque fences or other enclosures subject to the Approval Authority's approval. The Approval Authority may require, as a condition of approval, design and/or landscape features in addition to other concealment when necessary to blend the equipment or enclosure into the surrounding environment.

3.

Faux Tree Standards. The Approval Authority may approve a new freestanding wireless facility camouflaged as a faux tree only when it blends with the mature, natural trees in proximity to the proposed project site. The Approval Authority may require the applicant to plant and maintain new, natural trees around the project site when necessary or appropriate to adequately conceal the proposed faux-tree wireless facility.

E. Building-Mounted Facilities.

1.

Preferred Concealment Techniques. All applicants should, to the extent feasible, propose new non-tower facilities that are completely concealed and architecturally integrated into the existing facade or rooftop features with no visible impacts from any publicly accessible areas at ground level (examples include, but are not limited to, antennas behind existing parapet walls or facades replaced with RF-transparent material and finished to mimic the replaced materials). Alternatively, when integration with existing building features is not feasible, the applicant should propose completely concealed new structures or appurtenances designed to mimic the support structure's original architecture and proportions (examples include, but are not limited to, cupolas, steeples, chimneys and water tanks).

2.

Facade-mounted Equipment. All facade-mounted equipment must be concealed behind screen walls and mounted as flush to the facade as practicable. The Approval Authority may not approve "pop-out" screen boxes unless the design is architecturally consistent with the original building or support structure. Except in industrial zones, the Approval Authority may not approve any exposed facade-mounted antennas, including but not limited to exposed antennas painted to match the facade.

3.

Rooftop-mounted Equipment. All rooftop-mounted equipment must be screened from public view with concealment measures that match the underlying structure in proportion, quality, architectural style and finish. The Approval Authority may approve unscreened rooftop equipment only when it expressly finds that such equipment is effectively concealed due to its low height and/or setback from the roofline.

4.

Ground-mounted Equipment. Outdoor ground-mounted equipment associated with building-mounted facilities must be avoided whenever feasible. In publicly visible or accessible locations, applicants must conceal outdoor ground-mounted equipment with opaque fences or landscape features that mimic the adjacent structure(s) such as dumpster corrals and other accessory structures.

F.

Facilities in the Public Rights-of-Way.

1.

General Prohibition. Facilities in the rights-of-way shall not unreasonably subject the public use, for any purpose including expressive or aesthetic purposes, to inconvenience, discomfort, trouble, annoyance, hindrance, impediment or obstruction.

2.

Concealment. All facilities in the rights-of-way must be concealed to the extent feasible with design elements and techniques that blend with the underlying support structure, surrounding environment and adjacent uses.

Undergrounded Equipment. To conceal the non-antenna equipment, applicants for a proposed facility within any area in which the existing utilities are primarily located underground shall underground all non-antenna equipment other than any required electric meter or disconnect switch. In all other areas, applicants shall install all non-antenna equipment underground to the extent feasible. Additional expense to install and maintain an underground equipment enclosure does not exempt an applicant from this requirement, except where the applicant demonstrates by clear and convincing evidence that this requirement will effectively prohibit the provision of personal wireless services.

4.

Ground-mounted Equipment. To the extent that the equipment cannot be placed underground as required, applicants must install groundmounted equipment in the location so that it does not obstruct pedestrian or vehicular traffic. The City may require landscaping as a condition of approval to conceal ground-mounted equipment.

5.

Pole-mounted Equipment. All pole-mounted equipment must be installed as close to the pole as technically and legally feasible to minimize impacts to the visual profile. All required or permitted signage in the rights-of-way must face toward the street or otherwise placed to minimize visibility from adjacent sidewalks and structures. All conduits, conduit attachments, cables, wires and other connectors must be concealed from public view to the extent feasible.

6.

Support Structures. If an applicant proposes a new facility in the public rights-of-way, then the applicant must use existing above-ground structures, such as streetlights or traffic signals. If no such existing above-ground structures exist or are otherwise not available to the applicant, then the Approval Authority may require the applicant to install a decorative or integrated pole specifically designed to conceal wireless transmission equipment.

7.

Utility Lines. When the point of contact is not on the pole itself, service lines must be undergrounded whenever feasible to avoid additional overhead lines. The Approval Authority shall not approve new overhead service lines merely because compliance with the undergrounding requirements would increase the project cost. For metal poles, undergrounded cables and wires must transition directly into the pole base without any external doghouse.

8.

Electric Meter. Multiple operators on a shared pole must share a single electric meter. Site operators must use the smallest and least intrusive electric meter available. In the event that a smaller or less intrusive meter becomes available after the site operator installs its equipment, the site operator must remove the current meter and install the new one within a reasonable time. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. The electric meter or its case must be painted to match the pole unless painting is expressly not permitted by the electric service provider.

9.

Spools and Coils. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables must not be spooled, coiled or otherwise stored on the pole whether in a cabinet or not.

10.

Finishes. No above-ground or pole-mounted equipment in the rights-of-way may be finished with reflective materials unless approved by the Approval Authority.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.060 - Notice; Decisions; Appeals. ¶

A.

Public Notice.

1.

Public Hearings. Public notice is required for all applications that either (i) may have a substantial or significant impact on a real property interest of a third party, or (ii) require a public hearing before the City Council, Planning Commission, Design Review Board or the Zoning Administrator in accordance with Section 15.04.803.080 (Conduct of Public Hearings).

Deemed-Approved Notice. No more than 30 days before the applicable timeframe for review expires 90 days for collocations and 150 days for all other applications), the applicant must provide written notice to all persons entitled to notice in accordance with Section 15.04.803.060, as modified in this subsection 15.04.614.060(A).

a.

Required Disclosure. The notice must contain the following statement: "California Government Code section 65964.1 may deem the application approved in 30 days unless the City approves or disapproves the application, or the City and applicant reach a mutual tolling agreement."

b.

Notice to the City. In addition to all persons entitled to notice in accordance with Section 15.04.803.060, the applicant must deliver written notice to the Department, which contains the same statement required in subsection A.2.a, above, and a mailing list for public notices sent out under this subsection A.2. The applicant may tender such notice in person or certified United States mail.

B.

Required Findings. The Approval Authority may approve or conditionally approve an application for a conditional use permit or an administrative use permit only when the Approval Authority finds:

1.

The proposed facility complies with all criteria for a conditional use permit or an administrative use permit in accordance with Article 15.04.806 (Use Permits) and, if applicable, with the criteria for design review approval in accordance with Article 15.04.805 (Design Review);

2.

The proposed facility complies with all applicable standards described in this Article 15.04.614; and

3.

The applicant has provided a meaningful comparative analysis that demonstrates all alternative designs and locations identified in the application review process are either technically infeasible or not potentially available.

C.

Conditional Approvals. The Approval Authority may impose reasonable conditions on an administrative use permit or conditional use permit, related and proportionate to the subject matter in the application, as the Approval Authority deems necessary or appropriate to promote and ensure conformance with the General Plan, any applicable specific plan and the provisions in this Article. As an illustration and not a limitation, the Approval Authority may impose conditions that require the applicant to install, construct or enhance concealment elements to areas outside the boundaries of the applicant's immediate leased or owned site, as long as such concealment is (i) limited to the underlying support structure; (ii) reasonably related to mitigating the impacts created by the proposed project; and (iii) reasonably necessary to maintain visual consistency among the site, the support structure and other improvements or architectural features on the support structure. In addition the Approval Authority must make an individualized finding, supported with substantial evidence, that the concealment condition is related to the proposed development in nature and scope.

D.

Notice of Decision. Within five days after the Approval Authority approves or denies an application for a conditional use permit or an administrative use permit, the Approval Authority shall provide written notice to the applicant, in accordance with subsection 15.04.803.080(E) (Notice of Decision). All denial notice must contain the reasons for the denial.

E.

Appeals.

1.

Conditional Use Permits. Any person or entity may appeal a final decision by the Planning Commission in accordance with Section 15.04.803.130 (Appeals), except as modified in this subsection (E)(1). The appeal must state in plain terms the grounds for reversal and the facts that support those grounds. The City Council shall review the decision of the Planning Commission de novo.

2.

Administrative Use Permits. Any person or entity may appeal a final decision by the Zoning Administrator in accordance with Section 15.04.803.130 (Appeals), except as modified in this paragraph. The appeal must state in plain terms the grounds for reversal and the facts that

support those grounds. The Planning Commission shall review the decision of the Zoning Administrator de novo.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.070 - Standard Conditions of Approval. ¶

In addition to all other conditions that may be adopted by the Approval Authority, all conditional use permits or administrative use permits, whether approved by the Approval Authority or deemed approved by the operation of law, shall be automatically subject to the standard conditions of approval provided in this Section. The Approval Authority (or the appellate authority on appeal) may add, remove or modify any conditions of approval on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Article and any other applicable provisions in the Richmond Municipal Code, the General Plan and any specific plan.

A.

Permit Duration. The permit will automatically expire 10 years from the issuance date, except when California Government Code section 65964(b), as may be amended, authorizes the City to issue a permit with a shorter term.

B.

Permit Renewal. Any application to renew this permit must be tendered to the City between 365 days and 180 days prior to its expiration, and must be accompanied by all required application materials, fees and deposits for a new application as then in effect. The City shall review an application for permit renewal in accordance with the standards for new facilities as then in effect. The Zoning Administrator may, but is not obligated to, grant a written temporary extension on the permit term to allow sufficient time to review a timely submitted permit renewal application.

C.

Build-out Period. Any permit approved under this Article or by operation of law shall automatically expire one year from the approval date if the applicant fails to commence construction within that one-year period; provided, however, that the Zoning Administrator may renew any such permit for up to one additional year if the Zoning Administrator receives a written request from the permittee within 30 days prior to the expiration date, at the Zoning Administrator's sole discretion.

D.

Compliance with Laws. Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinance or other rules.

E.

Permittee's Contact Information. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Administrator within one business day after permittee receives a written request from the Zoning Administrator.

F.

Cooperation with Access and Inspections. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility to support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

G.

Maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

H.

Concealment Elements. Permittee acknowledges and agrees that each and every aspect and/or element of the wireless facility, including without limitation its coloring, finishes, placement, orientation and proportionality with the structures in the immediate vicinity, that, by its sense and context, aids, contributes or otherwise furthers the concealment of the facility, in whole or in part, shall be deemed to be a concealment element of the support structure.

Graffiti Abatement. Permittee shall promptly remove any graffiti on the wireless facility at permittee's sole cost and expense, and in no instance more than 48 hours from the time of notification by the City or after discovery by the permittee.

J.

Backup Generator Use. Permittee shall not use any backup or standby power generator except (1) when necessary due to a primary power source failure or (2) for routine maintenance/cycling. Permittee shall not operate the generator for maintenance/cycling more frequently than twice per month and then only for no longer than 30 minutes at a time on Wednesdays between 10:00 a.m. and 11:00 a.m.

K.

Indemnification. The permittee and, if applicable, the non-government owner of the private property upon which the tower/and or base station is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials and employees (i) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

L.

Adverse Impacts. Permittee shall take all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility.

M.

Building Permit Application Plans. In addition to the information required by Section 6.02.160 of the RMC, the permittee must incorporate into building plans and submit with any application to the Building Department, three copies of each of the following: (1) the conditional use permit, administrative use permit, and/or design review approval associated with the facility, including without limitation all findings and conditions of approval; and (2) the photo simulations, as required for the application and accurately representing the approved facility as may be modified by any conditions of approval, associated with the conditional use permit, administrative use permit, and/or design review approval associated with the facility. The Building Official is not authorized to waive any of these specific submittal requirements irrespective of the exception authority granted by Section 6.02.160.

N.

Record Retention. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation all conditions of approval, approved plans and specifications, resolutions and other documentation associated with the permit or regulatory approval. In the event that neither the City nor the permittee can locate any permit or other regulatory approval that would have been required for the equipment deployed or installed in connection with the facility, the permittee acknowledges that the City will presume that any such equipment was deployed or installed without proper review and approval.

O.

Joint and Several Liability. The permittee and the property owner shall be jointly and severally liable for compliance with all conditions of approval adopted under this permit, which includes without limitation compliance with any maintenance and concealment conditions.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.080 - Permit Revocation; Discontinued Uses; Facility Removal.

A.

Permit Revocation. Any permit issued under this Article, including any permit deemed granted or deemed approved by operation of law, may be revoked in accordance with the provisions in Section 15.04.803.120 (Revocation).

B.

Discontinued Uses.

Discontinued by Application. Any permittee that intends to decommission a wireless facility must send 30-days' prior written notice by United States Certified Mail to the Director. The permit will automatically expire 30 days after the Director receives such notice of intent to decommission, unless the permittee rescinds its notice within the 30-day period.

2.

Facilities Declared Discontinued. To promote the public health, safety and welfare, the Director may declare a facility abandoned when: (i) the permittee notifies the Director that it abandoned the use of a facility for a continuous period of 90 days; or (ii) the permittee fails to respond within 30 days to a written notice sent by Certified U.S. Mail, Return Receipt Requested, from the Director that states the basis for the Director's belief that the facility has been abandoned for a continuous period of 90 days; or (iii) the permit expires and the permittee has failed to file a timely application for renewal.

a.

After the Director declares a facility abandoned, the permittee shall have 90 days from the date of the declaration (or longer time as the Director may approve in writing as reasonably necessary) to: (i) reactivate the use of the abandoned facility subject to the provisions of this Article and all conditions of approval; (ii) transfer its rights to use the facility, subject to the provisions of this Article and all conditions of approval, to another person or entity that immediately commences use of the abandoned facility; or (iii) remove the facility and all improvements installed solely in connection with the facility, and restore the site to a condition compliant with all applicable codes consistent with the then-existing surrounding area.

b.

If the permittee fails to act as required in paragraph 15.04.614.080(B)(2)(a) above within the prescribed time period, the City Council may deem the facility abandoned and revoke the underlying permit(s) in the manner provided in Section 15.04.803.130 (Revocation). Further, the City Council may take any legally permissible action or combination of actions reasonably necessary to protect the public health, safety and welfare from the abandoned wireless facility.

C. Removal and Restoration Obligations.

1.

Removal by Permittee. The permittee or property owner must completely remove the wireless facility and all related improvements within 90 days after the (1) the permit expires, (2) the City Council properly revokes a permit in accordance with Section 15.04.803.130 (Revocation), (3) the permittee discontinues the wireless facility, or (4) the City Council properly deems the wireless facility abandoned pursuant to subsection 15.04.614.080(B). In addition, within the 90-day period, the permittee or property owner must restore the former wireless facility site area to a condition compliant with all applicable codes and consistent with the then-existing surrounding area.

2.

Removal by City. The City may, but is not obligated to, remove an abandoned wireless facility, restore the site to a condition compliant with all applicable codes and consistent with the then-existing surrounding area, and repair any and all damages that occurred in connection with such removal and restoration work. The City may, but shall not be obligated to, store the removed wireless facility or any part thereof, and may use, sell or otherwise dispose of it in any manner the City deems appropriate in its sole discretion. The last-known permittee or its successor-ininterest and, if on private property, the real property owner shall be jointly liable for all costs incurred by the City in connection with its removal, restoration, repair and storage, and shall promptly reimburse the City upon receipt of a written demand, including any interest on the balance owing at the maximum lawful rate. The City may, but shall not be obligated to, use any financial security required in connection with the granting of the facility permit to recover its costs and interest. A lien may be placed on all abandoned personal property and the real property on which the abandoned wireless facility is located for all costs incurred in connection with any removal, repair, restoration and storage performed by the City. The City Clerk shall cause such a lien to be recorded with the County of Contra Costa Recorder's Office.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.090 - Limited Exceptions; Variances. ¶

A.

Limited Exceptions for Personal Wireless Service Facilities. The City Council recognizes that federal law prohibits a permit denial when it would effectively prohibit the provision of personal wireless services and the applicant proposes the least intrusive means to provide such services. The City Council finds that, due to wide variation among wireless facilities, technical service objectives and changed circumstances over time, a limited exception for proposals in which strict compliance with this Article would effectively prohibit personal wireless services serves the public

interest. The City Council further finds that circumstances in which an effective prohibition may occur are extremely difficult to discern, and that specified findings to guide the analysis promotes clarity and the City's legitimate interest in well-planned wireless facilities deployment. Therefore, in the event that any applicant asserts that strict compliance with any provision in this Article, as applied to a specific proposed personal wireless services facility, would effectively prohibit the provision of personal wireless services, the Planning Commission, or the Zoning Administrator in the case of a wireless facility in the public rights-of-way subject to an Administrative Use Permit, may grant a limited, one-time exception from strict compliance subject to the provisions in this subsection 15.04.614.090(A).

1.

Required Findings. The Approval Authority shall not grant any exception unless the applicant demonstrates with clear and convincing evidence all the following findings:

a.

The proposed wireless facility qualifies as a "personal wireless services facility" as defined in U.S.C 47 § 332(c)(7)(C)(ii);

b.

The applicant has provided the City with a clearly defined technical service objective and a clearly defined potential site search area;

c.

The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why an alternative location(s) or design(s) suggested by the City or otherwise identified in the administrative record, including by not limited to potential alternatives identified at any public meeting or hearing, are not technically feasible or potentially available; and

d.

The applicant has provided the City with a meaningful comparative analysis that includes the factual reasons why the proposed location and design deviation is the least noncompliant location and design necessary to reasonably achieve the applicant's reasonable technical service objectives.

2.

Scope of Exception. The Approval Authority shall limit its exception to the extent to which the applicant demonstrates such exception is necessary to reasonably achieve its reasonable technical service objectives. The Approval Authority may adopt conditions of approval as reasonably necessary to promote the purposes in this Article and protect the public health, safety and welfare.

B.

Variances. All other requests to relieve or waive any provision under this Article for any non-personal wireless services facility are subject to the variance procedures under Article 15.04.808.

(Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.100 - Special Provisions for Section 6409 Approvals. ¶

A.

Applicability. The provisions in this Section 15.04.614.100 apply only to applications for collocations and/or modifications to existing wireless towers or base stations submitted for approval pursuant to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act, Pub. L. No. 112-96, 126 Stat. 156 (Feb. 22, 2012) (codified as 47 U.S.C. § 1455(a)). Any approval under this Section shall be referred to as a "Section 6409(a) Approval".

B.

Definitions. The definitions in this Section are applicable to Type I applications for a minor modification and are provided for easy reference. In the event that any defined term conflicts with any applicable federal law or regulation, the federal law or regulation shall control.

1.

"Base station" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(1), as may be amended, which defines that term as follows:

A structure or equipment at a fixed location that enables [FCC]-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined in [47 C.F.R. § 1.40001(b)(9)] or any equipment associated with a tower.

a.

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

b.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems and small-cell networks).

c.

The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this Section, supports or houses equipment described in paragraphs (b)(1)(i) through (ii) of this Section that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

d.

The term does not include any structure that, at the time the relevant application is filed with the State or local government under this Section, does not support or house equipment described in paragraphs (b)(1)(i)—(ii) of this Section.

Note: As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

2.

"Collocation" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."

3.

"Eligible facilities request" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."

4.

"Eligible support structure" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this Section, provided that it is existing at the time the relevant application is filed with the State or local government under this Section."

5.

"Existing" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(4), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's Section 6409(a) regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."

6.

"Site" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground."

7.

"Substantial change" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(7), as may be amended, which defines that term as a collocation or modification that:

Increases the overall height more than either (i) 10 percent or the height of one additional antenna array not to exceed 20 feet (whichever is greater) for towers on private property, or (ii) 10 percent or 10 feet (whichever is greater) for towers in the public rights-of-way and base stations;

b.

Increases the width more than either (i) 20 feet or the width of the tower at the level of the appurtenance (whichever is greater) for towers on private property, or (ii) 6 feet from the edge of the support structure for towers in the public rights-of-way and base stations;

c.

For towers on private property, involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four;

d.

For towers in the public rights-of-way and base stations, involves the installation of (i) any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets, or (ii) any new ground-mounted equipment cabinets that are 10 percent larger in height or volume than any existing ground-mounted equipment cabinets;

e.

For towers on private property, involves excavation outside the current boundaries of the leased or owned property surrounding the wireless tower, including any access or utility easements currently related to the site;

f.

For towers in the public rights-of-way and base stations, involves excavation or deployment of equipment outside the area in proximity to the structure and other transmission equipment already deployed on the ground;

g.

Would defeat the existing concealment elements of the support structure as determined by the Approval Authority; or

h.

Violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval related to height, width, equipment cabinets or excavation that is inconsistent with the thresholds for a substantial change.

Note: The thresholds for a substantial change outlined above are disjunctive. The failure to meet any one or more of the applicable thresholds means that a substantial change would occur. The thresholds for height increases are cumulative limits. For sites with horizontally separated deployments, the cumulative limit is measured from the originally-permitted support structure without regard to any increases in size due to wireless equipment not included in the original design. For sites with vertically separated deployments, the cumulative limit is measured from the permitted site dimensions as they existed on February 22, 2012—the date that Congress passed Section 6409(a) of the Middle Class Tax Relief and Job Creation Act.

8.

"Tower" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(9), as may be amended, which defines that term as "[a]ny structure built for the sole or primary purpose of supporting any [FCC]-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site." Examples include, but are not limited to, monopoles, mono-trees and lattice towers.

9.

"Transmission equipment" means the same as defined by the FCC in 47 C.F.R. § 1.40001(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul."

C.

Required Permits. Any request to collocate, replace or remove transmission equipment at an existing wireless tower or base station submitted for approval under Section 6409(a) shall require a Section 6409(a) Approval subject to the Zoning Administrator's approval, conditional approval or denial under the standards and procedures contained in this Section 15.04.614.100. No construction in connection with any Section 6409(a)

Approval may occur unless the applicant also obtains all other permits or regulatory approvals from other City departments and state or federal agencies. An applicant must obtain a Section 6409(a) Approval before it may apply for permits or other regulatory approvals from other City departments. Furthermore, any Section 6409(a) Approval granted under this Section 15.04.614.100 shall remain subject to the lawful conditions and/or requirements associated with such other permits or regulatory approvals from other City departments and state or federal agencies.

D.

Applications.

1.

Application Required; Applicability. The City shall not grant any application for any permit under this Section 15.04.614.100 except upon a duly filed application consistent with the provisions in this Section and any written rules or regulations the Director may publish in any publicly stated format.

2.

Application Content. All applications for a Section 6409(a) Approval must include all the information and materials required by the Director for the application. The City Council authorizes the Director to develop, publish and from time-to-time amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials as the Director deems necessary, appropriate or useful for processing requests for Section 6409(a) approvals, and/or to respond to regulatory, technological or other changes. The Director shall provide notice to the public, Planning Commission and City Council when such updates or amendments occur.

3.

Pre-application Conferences. Prior to application submittal, applicants must schedule and attend a pre-application conference with City staff. Such pre-application conference is intended to streamline the application review through discussions including, but not limited to, the appropriate project classification, including whether the project may qualify for approval pursuant to Section 6409(a); potential concealment issues (if applicable); coordination with other City departments responsible for application review; and application completeness issues. Applicant's may but shall not be required to bring any particular materials to a pre-application conference. City staff will endeavor to provide applicants with an appointment within approximately five business days after receipt of a written or email request. For any applicant that schedules, attends and fully participates in a pre-application conference, the Zoning Administrator may grant a written exemption from a specific application requirement or requirements when the applicant shows that the information requested is duplicative of information contained in other materials to be submitted with the application or otherwise unnecessary for the City's review under the facts and circumstances in that particular case. Any such written waiver shall be limited to the project discussed at the pre-application conference and shall not extend to any other projects

4.

5.

6.

7.

Independent Consultants.

a.

b.

i.

Permit application completeness or accuracy;

ii.

Planned compliance with applicable RF exposure standards;

iii.

Whether and where a significant gap exists or may exist, and whether such a gap relates to service coverage or service capacity;

Iv.

Whether technically feasible and potentially available alternative locations and designs exist;

v.

The applicability, reliability and sufficiency of analyses or methodologies used by the applicant to reach conclusions about any issue within this scope; and

vi.

Any other issue that requires expert or specialized knowledge identified by the Zoning Administrator.

c.

E.

Decisions; Appeals.

1.

Administrative Review. The Zoning Administrator shall administratively review a complete and duly filed application for a Section 6409(a) Approval and may act on such application without prior notice or a public hearing.

2.

Findings for Approval. The Zoning Administrator may approve or conditionally approve an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

a.

Involves collocation, removal or replacement of transmission equipment on an existing wireless tower or base station; and

b.

Does not substantially change the physical dimensions of the existing wireless tower or base station.

3.

Criteria for Denial. Notwithstanding any other provisions in this Article, and consistent with all applicable federal laws and regulations, the Zoning Administrator may deny an application submitted for approval pursuant to Section 6409(a) when it finds that the proposed project:

Does not satisfy the criteria for approval;

b.

Violates any legally enforceable standard or permit condition reasonably related to public health and safety then in effect; or

c.

Involves the replacement of the entire support structure.

4.

Conditional Approvals. Subject to any applicable limitations in federal or state law, nothing in this Article is intended to limit the City's authority to conditionally approve an application for a Section 6409(a) Approval to protect and promote the public health, safety and welfare.

5.

Written Decision. Within five working days after the Zoning Administrator renders a decision, the Zoning Administrator shall send written notice to the applicant. In the event that the Zoning Administrator determines that an application submitted for approval pursuant to Section 6409(a) does not qualify for approval, the Zoning Administrator will send written notice to the applicant that includes the reasons to support the Zoning Administrator's decision and states that the application will be automatically denied on the 60th day after the date the application was filed unless the applicant withdraws the application.

6.

Appeal. Subject to the applicable federal timeframe for permit application review (accounting for any tolling periods), any aggrieved party may appeal an action of the Director as provided in Section 15.04.803.130 of this Code. The Planning Commission shall serve as the hearing body for all appeals of all actions of the Zoning Administrator taken pursuant to this Article, subject to further appeal to the City Council. The applicable hearing body shall limit its review to whether the project should be approved or denied in accordance with the provisions in paragraphs (E)(2) and (E)(3) in this Section.

F.

Standard Conditions of Approval. In addition to all other conditions that may be adopted by the Zoning Administrator, all Section 6409(a) Approvals, whether approved by the Zoning Administrator or deemed-granted by the operation of federal law, shall be automatically subject to the conditions of approval described in this subsection 15.04.614.100(F). The Zoning Administrator (or the Planning Commission in its capacity as the appellate authority) shall have discretion to modify or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with the goals of this Article.

1.

No Extension of the Underlying Permit Duration. The City's grant or grant by operation of law of a Section 6409(a) Approval constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation of law of a Section 6409(a) Approval will not extend the permit term for any conditional use permit, land use permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station.

2.

Accelerated Permit Terms Due to Invalidation. In the event that any court of competent jurisdiction invalidates any portion of Section 6409(a) or any FCC rule that interprets Section 6409(a) such that federal law would not mandate approval for any Section 6409(a) Approval(s), such approval(s) shall automatically expire one year from the effective date of the judicial order, unless the decision would not authorize accelerated termination of previously approved Section 6409(a) Approvals. A permittee shall not be required to remove its improvements approved under the invalidated Section 6409(a) Approval when it has submitted an application for either a conditional use permit or an administrative use permit for those improvements before the one-year period ends. The Zoning Administrator may extend the expiration date on the accelerated permit upon a written request from the permittee that shows good cause for an extension.

3.

No Waiver of Standing. The City's grant or grant by operation of law of a Section 6409(a) Approval does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a), any FCC rules that interpret Section 6409(a) or any Section 6409(a) Approval.

Build-out Period. Any permit approved under this Article or by operation of law shall automatically expire one (1) year from the approval date if the applicant fails to commence construction within that one-year period; provided, however, that the Zoning Administrator may renew any such permit for up to one (1) additional year if the Zoning Administrator receives a written request from the permittee within thirty (30) days prior to the expiration date, at the Zoning Administrator's sole discretion.

5.

Compliance with Laws. Permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations, ordinance or other rules.

6.

Permittee's Contact Information. Permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Zoning Administrator within one (1) business day after permittee receives a written request from the Zoning Administrator.

7.

8.

9.

10.

Graffiti Abatement. Permittee shall promptly remove any graffiti on the wireless facility at permittee sole expense, and in no instance more than 48 hours from the time of notification by the City or after discovery by the permittee.

11.

12.

14.

Building Permit Application Plans. In addition to the information required by Section 6.02.160 of the RMC, the permittee must incorporate into building plans and submit with any application to the Building Department, three copies of each of the following: (1) the Section 6409(a) Approval associated with the facility, including without limitation all findings and conditions of approval; and (2) the photo simulations, as required for the application and accurately representing the approved facility as may be modified by any conditions of approval, associated with the Section 6409(a) Approval associated with the facility. The Building Official is not authorized to waive any of these specific submittal requirements irrespective of the exception authority granted by Section 6.02.160.

15.

16. (Ord. No. 29-18 N.S., § I(Exh. A), 12-18-2018)

15.04.614.110 - Compliance Obligations. ¶

An applicant or permittee will not be relieved of its obligation to comply with every applicable provision in the Code, this Article, any permit, any permit condition or any applicable law or regulation by reason of any failure by the City to timely notice, prompt or enforce compliance by the applicant or permittee.

ARTICLE 15.04.615 - PROHIBITION OF THE STORAGE AND HANDLING OF COAL AND PETROLEUM COKE

15.04.615.010 - Purpose. ¶

A.

This article is intended to protect and promote the health, safety, and welfare of the City's citizens, visitors, and workers by reducing the release of pollutants into the environment as a result of coal and petroleum coke storage and handling. This article is also intended to reduce the public health, safety, or welfare impacts (including, without limitation, adverse impacts to property values, aesthetics, and economic interests) caused by the storage and handling of coal and petroleum coke.

B.

This article bans the establishment and/or expansion of storage and handling of coal and/or petroleum coke throughout the City of Richmond, with certain exceptions. The article also phases out existing allowed uses of land involving the storage and handling of coal and petroleum coke, by providing an amortization period for such existing allowed uses to transition to other lawful uses and materials. This amortization period is intended to strike a proper balance between protecting the public from the health hazards of coal and petroleum coke storage and handling, while also protecting existing jobs and providing sufficient time for businesses to transition.

C.

This article is not intended to, and shall not be interpreted to regulate or applied to prohibit the transportation of coal and/or petroleum coke, for example, by train or marine vessel, including without limitation through the City of Richmond or to or from a coal or petroleum coke storage and handling facility.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020; Ord. No. 02-22 N.S., §§ I, II, (Exh. A), 2-1-2022)

15.04.615.020 - Definitions. ¶

As used in this article, the following terms have the following meanings: ;p0;o Coal means a solid, brittle, carbonaceous rock classified as anthracite, bituminous, subbituminous, or lignite by the American Society for Testing and Materials ("ASTM") Designation D388-77.

Coal or Petroleum Coke Storage and Handling Facility means an existing or proposed site or facility, including all contiguous land, structures, other appurtenances, and improvements thereon, or any part thereof, where coal or petroleum coke is or may be stored or handled.

Effective Date means the date that Ordinance No. 05-20, adding Article 15.04.615 to the Richmond Municipal Code, took effect.

Owner or Operator means any person who has legal title to any coal or petroleum coke storage and handling facility; who has charge, care, or control of any coal or petroleum coke storage and handling facility; who is in possession of any coal or petroleum coke storage and handling facility or any part thereof; and/or who is entitled to control or direct the management of any coal or petroleum coke storage and handling facility.

Petroleum Coke means a solid carbonaceous residue produced from a coker after cracking and distillation from petroleum refining operations, including such residues produced by petroleum upgraders in addition to petroleum refining.

Store or Handle, or Storing or Handling, or Storage or Handling means to allow or maintain any pile, including without limitation covered and uncovered piles, piles located above ground, underground, or within containers, or to load, unload, stockpile, or otherwise handle and/or manage, temporarily or permanently, coal and/or petroleum coke.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.030 - Prohibition on Storage and/or Handling of Coal or Petroleum Coke. ¶

The storage and handling of coal and petroleum coke at a coal or petroleum coke storage and handling facility is prohibited in all zoning districts.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.040 - Exemptions. ¶

The following non-commercial uses are exempt from the provisions of this Article 15.04.615: residential, educational, scientific, recreational, religious, or cultural uses in which persons store or handle small amounts of coal or petroleum coke.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.050 - Amortization Period for Nonconforming Uses.

A.

Notwithstanding any provision in this Code to the contrary, this section shall apply to all existing land uses that do not conform with the requirements of Section 15.04.615.030 of this Code as of the effective date.

B.

As used in this section, "nonconforming land use" means any lawful coal or petroleum coke storage and handling facility in existence prior to the effective date.

C.

Except as otherwise provided in this section, all nonconforming land uses shall be discontinued by December 31, 2026. The period from the March 5, 2020 effective date of Ordinance No. 05-20 N.S. through December 31, 2026, shall be referred to as the "amortization period."

D.

Nonconforming land uses shall not increase the amount of coal or petroleum coke stored or handled in a calendar year beyond the average amount of coal or petroleum coke stored or handled annually at the coal or petroleum coke storage and handling facility in the three years prior to the effective date. Nonconforming land uses shall not expand the footprint of coal or petroleum coke storage or handling activities at the coal or petroleum coke storage and handling facility.

E.

Within two months of the effective date, the Zoning Administrator shall use reasonable efforts to identify and provide notice to all owners or operators of any coal or petroleum coke storage and handling facility informing them that they must do either of the following: (a) discontinue any nonconforming land use before the conclusion of the amortization period; or (b) apply for an extension of the amortization period pursuant to sub-section F of this section. Failure to receive notice from the Zoning Administrator shall not excuse an owner or operator from compliance with the provisions of this section.

Any affected owner or operator of a nonconforming land use may apply to the Planning Commission for an extension of the amortization period on a form provided by the Director pursuant to Section 15.04.803.020. The affected owner or operator shall pay any applicable fees established pursuant to that section. Applications for an extension of the amortization period shall be submitted no later than 12 months prior to the end of the amortization period. The Planning Commission shall conduct a duly noticed public hearing to consider the application for extension of the amortization period within a reasonable time after the application has been deemed complete by the Zoning Administrator.

1.

"Limited Notice (Type B)" shall be provided pursuant to Section 15.04.803.070 of this Code not less than 24 calendar days prior to the date of the hearing.

2.

In deciding whether to extend the amortization period, the Planning Commission shall consider all documentary and oral evidence and testimony submitted prior to the conclusion of the hearing. As part of the application, an amortization analysis shall be prepared, at the applicant's expense, by an expert retained by the City, prior to Planning Commission consideration.

3.

The Planning Commission shall grant an extension of the amortization period if it finds, based on substantial evidence, that such extension is necessary to prevent an unconstitutional taking of property without compensation or to avoid a violation of state or federal law. Any extension so granted shall be the minimum necessary to prevent such impairment or violation. In no event shall the Planning Commission grant any extension if it finds that continuing the nonconforming land use would constitute a public nuisance under Civil Code Sections 3479 and 3480.

4.

The Planning Commission's decision shall be based upon the following factors, where applicable:

a.

The cost to the applicant of acquiring the affected property and the applicant's reasonable investment-backed expectations at the time the property was acquired;

b.

The present actual or depreciated value of the affected property and improvements with and without the nonconforming land use;

c.

The total length of time the nonconforming land use has existed and the remaining useful life of the nonconforming land use;

d.

The applicant's investments in the nonconforming land use and whether and to what extent the applicant will have recouped those investments before the conclusion of the amortization period;

e.

The salvage value of any improvements that may be used for purposes other than the nonconforming land use;

f.

The remaining value and allowed uses of the property after discontinuing the nonconforming land use;

g.

Whether the nonconforming land use interferes with the use and enjoyment of land of nearby property owners or residents, or interferes with or threatens the public health, safety, and welfare of the community;

h.

The extent to which the nonconforming land use on the property is incompatible with surrounding uses and properties; and

i.

Any other factor the Planning Commission reasonably determines is related to determining whether the investment in the nonconforming land use has been recovered.

The owner or operator requesting the extension shall have the burden of demonstrating that it is entitled to an extension under subsection F above. The Planning Commission's determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Section 15.04.803.140 of this Code.

K.

Nothing in this section is intended to affect or restrict the City's authority to immediately terminate, discontinue, or abate any land uses found to be a nuisance, or that are otherwise operating unlawfully, including a nonconforming land use. This article does not create or confer any vested rights.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020; Ord. No. 02-22 N.S., §§ I, II, (Exh. A), 2-1-2022)

15.04.615.060 - Violations; Declaration of a Nuisance; Abatement. ¶

Any land use that fails to comply with or violates any provision of this article is hereby declared to be an unlawful nuisance. Any land use declared to be a nuisance pursuant to this section may be subject to the abatement procedures established in Section 15.04.815.040 and Chapter 9.22 of this Code.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.070 - Exceptions; Procedures. ¶

A.

The provisions of this article shall not be applicable to the extent, but only to the extent, that they would violate the constitution or laws of the United States or of the State of California.

B.

In the event a property owner contends that the application of this article effects an unconstitutional taking of property without compensation, the property owner may request, and the Planning Commission shall grant, an exception to application of any provision of the article if the Planning Commission finds, based on substantial evidence, that both (1) the application of any aspect of the article would constitute an unconstitutional taking of property, and (2) the exception will allow continued land uses only to the minimum extent necessary to avoid such a taking; provided, however, that in the case of nonconforming uses, the procedures set forth in Section 15.04.615.050.F shall govern. The property owner shall have the burden of demonstrating that it is entitled to an exception under this sub-section. The Planning Commission's determination under this sub-section may be appealed to the City Council in the same manner as prescribed in Section 15.04.803.140 of this Code.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.080 - Non-applicability to Transportation of Coal and/or Petroleum Coke. ¶

Notwithstanding anything to the contrary contained in this article, this article is not intended to and shall not be interpreted to regulate the transportation of coal and/or petroleum coke, for example, by train or marine vessel, including without limitation through the City of Richmond or to or from a coal or petroleum coke storage and handling facility.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

15.04.615.090 - Conflicting Provisions. ¶

Where a conflict exists between the requirements in this article and applicable requirements contained in other provisions of this Code, the applicable requirements of this article shall prevail.

(Ord. No. 05-20 N.S., § II(Exh. A), 2-4-2020)

SERIES 700 - LAND DIVISIONS, DEDICATIONS AND IMPROVEMENTS ARTICLE 15.04.701 - GENERAL PROVISIONS

15.04.701.010 - Title, Citation, Authority and Incorporation by Reference. ¶

The 700 Series will be known and cited as the "Subdivision Ordinance of the City of Richmond" or the "Subdivision Ordinance." The Subdivision Map Act (Title 7, Division 2, of the California Government Code, as amended) is hereby adopted by reference and made a part of this Ordinance as though it was fully set forth herein. The provisions of this Series are supplemental to the Subdivision Map Act.

15.04.701.020 - Purpose. ¶

The purpose of this Ordinance is to regulate and control the division of land within the City of Richmond. These provisions implement and supplement the requirements of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the official approval of the Zoning Administrator, Planning Commission, Director of Engineering and Capital Improvement Projects, and City Council regarding the maps.

To accomplish this purpose, the regulations in this Ordinance are determined to be necessary for the preservation of the public health, safety and general welfare, to promote orderly growth and development and to promote open space, conservation, protection and proper use of land, and to ensure provision for adequate traffic circulation, utilities and services. It is also the purpose of this Ordinance to ensure that the design and improvements of subdivisions is consistent with and promotes the goals and policies of the General Plan.

15.04.701.030 - Application. ¶

The regulations set forth in this Ordinance shall apply to all parts of subdivisions within the City of Richmond and to the preparation of subdivision maps and to other maps provided for in the Subdivision Map Act. All subdivisions and parts of subdivisions lying within the City shall be made, and all subdivision maps shall be prepared and presented for approval, as provided for and required by this Ordinance. This Ordinance shall not apply to, affect, or modify any subdivision or part of a subdivision, lawfully created and recorded prior to the effective date of this Ordinance, or to any approval or conditions of approval of any map approved prior to the effective date of this Ordinance. This Ordinance is also inapplicable to actions that the Subdivision Map Act specifically excludes from its provisions including, but not limited to, the following:

A.

Financing or Leasing of Buildings. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks.

B.

Other Leases. Mineral, oil, or gas leases.

C.

Cemeteries. Land dedicated for cemetery purposes under the California Health and Safety Code.

D.

Lot Line Adjustments. Lot line adjustments between four or fewer existing, adjoining parcels, provided:

1.

No additional parcels are created;

2.

The lot line adjustment is approved by the Director and the Public Works Director or by the Planning Commission on appeal based on a determination of conformance with the General Plan and Article XV, Planning and Zoning.

E.

Secondary Residences. The construction, financing, or leasing of secondary residences on a residential lot.

ARTICLE 15.04.702 - ADMINISTRATION AND COMMON PROCEDURES

15.04.702.010 - Responsibilities.

A.

City Attorney. The City Attorney shall be responsible for approving as to form all subdivision Improvement Agreements and improvement securities.

B.

City Council. The City Council shall have final jurisdiction in the approval of final maps and subdivision improvement agreements and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City for Major Subdivisions. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for Major and Minor Subdivisions.

C.

Director of Engineering and Capital Improvement Projects. The Director of Engineering and Capital Improvement Projects shall be responsible for:

1.

Establishing design and construction details, standards, and specifications;

2.

Determining if proposed subdivision improvements comply with the provisions of this Ordinance and the Subdivision Map Act and for reporting the findings together with any recommendations for approval or conditional approval of the tentative map for Major Subdivisions and Minor Subdivisions to the Zoning Administrator.

3.

Processing of final maps, reversion to acreage maps, and amended maps;

4.

Processing and approval of subdivision improvement plans;

5.

Examining and determining that final maps are in substantial conformance with the approved tentative map.

6.

Inspecting and approving subdivision improvements.

7.

Accepting dedications and improvements for Minor Subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

8.

Recording a notice of completion of private subdivision improvements when not to be maintained by the City.

9.

Collecting all required deposits and fees.

D.

Zoning Administrator. The Zoning Administrator shall be responsible for the processing of tentative maps and parcel maps, lot line adjustments, mergers, and certificates of compliance; and for the collection of application fees. The Zoning Administrator shall also be responsible for investigating proposed subdivisions for conformity to the General Plan, specific plans, and the Zoning Ordinance of the City.

E.

Planning Commission. The Planning Commission shall be the body responsible for approving, conditionally approving, or denying tentative maps for Major Subdivisions and appeals of Parcel Maps.

F.

Zoning Administrator. The Zoning Administrator shall be responsible for the approval, conditional approval or denial of Parcel Maps.

15.04.702.020 - Coordination with Zoning Approval. ¶

Subdivision review may be carried out concurrently with the review of any applications for zoning approval.

15.04.702.030 - Notification Procedures for Public Hearings. ¶

Notification for public hearings shall be provided according to the provisions for notification of public hearings in the Zoning Ordinance.

15.04.702.040 - Exceptions.

Following a public hearing, the Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this Ordinance. A request for an exception shall be made by the subdivider and filed with the application for a tentative or parcel map. In order to approve an exception, the Commission shall make all of the following findings:

A.

There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Ordinance provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

B.

The exception is necessary to preserve the subdivider's substantial property rights;

C.

Granting the exception will not be detrimental to the public welfare or other property in the area where the subject property is located;

D.

Granting the exception will be consistent with the General Plan and any applicable specific plan.

15.04.702.050 - Appeals. ¶

Decisions that are subject to appeal under the Subdivision Map Act or the Subdivision Ordinance shall be filed and processed in accordance with to the procedures for appeals provided in the Zoning Ordinance (see Section 15.04.803.130) and the procedures provided below.

A.

Appeals to the Planning Commission. A decision by the Zoning Administrator, the Director, or the Public Works Director may be appealed to the Planning Commission within 10 days of the issuance of the Notice of Action by filing a written appeal with the Planning Department. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the City's Master Fee Schedule.

B.

Appeals to the City Council. A decision by the Planning Commission may be appealed to the City Council within 10 days of the issuance of the Notice of Action by filing a written appeal with the City Clerk. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the City's adopted Master Fee Schedule.

C.

Procedures. The Director or the City Clerk, in the case of appeals to the City Council, shall schedule the appeal for consideration by the authorized hearing body within 30 days of the date the appeal was filed and shall provide written notice to the appellant, the subdivider, and all other parties known to have interest in the matter as required by the Zoning Ordinance and the Subdivision Map Act. The hearing body may sustain, modify, or reject the decision that is the subject of the appeal.

D.

Appeal Stays All Proceedings. The timely filing of an appeal shall stay all proceedings in the matter appealed.

15.04.702.060 - Fees and Deposits. ¶

All persons submitting maps and other documents required by the Subdivision Ordinance shall pay all fees and/or deposits as provided by the City's Master Fee Schedule.

Fees shall be established by the City pursuant to Section 66451.2 of the Subdivision Map Act and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

15.04.702.070 - Initiation Procedures. ¶

A.

Initial Application. Prior to or accompanying the submittal of a preliminary plan, the subdivider must complete an application on a form supplied by the Planning Division. This form must officially identify the subdivider as that person or entity responsible for the requirements set forth in the Subdivision Ordinance.

B.

Preliminary Plan and Accompanying Data. Prior to a Subdivision Conference, if requested (see subsection (C) below), the subdivider or the subdivider's representative must submit to the Planning Division a preliminary plan of the proposed subdivision, which may be in rough sketch form, together with general information of existing conditions of the site and the proposed development, including the following information:

1.

Intended Land Use, such as residential, industrial or other purposes;

2.

Location Map showing the relationship of the proposed subdivision to existing community facilities and other developments that serve or influence it;

3.

Sketch Plan, which may be a freehand pencil sketch made directly on a print of a topographic survey, and must delineate in simple form the proposed layout of streets, lots and other features in relationship to existing conditions;

4.

Map Details including the development name, if any, and location; main traffic arteries; proposed bicycle and pedestrian circulation and accommodation of transit; shopping centers; schools; parks and playgrounds; other community features such as carports, hospitals and churches, unusual features of terrain such as rock outcrops, tree masses, and watercourses on and adjacent to the proposed subdivision; scale; north arrow; date; perimeter boundary line of proposed subdivision; existing public utility facilities and easements therefor; sanitary sewer facilities and railroads, if any; and

5.

Photographs, such as site photographs to supplement the sketch plan (not mandatory).

C.

Optional Subdivision Conference. After the submittal of the preliminary plan and accompanying data, and prior to the submittal of a tentative map or tentative parcel map, the subdivider or his or her representative may request a Subdivision Conference. At the Subdivision Conference, the subdivider will be advised if areas for park, playground, schools, fire stations, libraries, bicycle paths, transit facilities, and other public and semipublic uses are required, and suitable locations may be suggested for them. Measures that will help produce excellence of design will also be suggested to the subdivider or the subdivider's representatives. The subdivider or the subdivider's representatives will be fully informed of applicable General Plan and specific plan policies and any other adopted policies, standards and regulations affecting development in the area.

D.

Written Copy of Comments and Recommendations Provided. A written copy of the comments and recommendations resulting from the Subdivision Conference shall be furnished to the subdivider.

15.04.702.080 - Maps Required. ¶

The provisions for when tentative maps, tentative parcel maps, final maps, and parcel maps are required are as follows:

A.

A tentative map and final map are required for all divisions of land creating five or more parcels, five or more condominiums as defined by the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

1.

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications are required by the legislative body;

2.

Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;

The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4.

Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

B.

A tentative parcel map and parcel map are required for all divisions of land into four or fewer parcels, and for those divisions of land described above in paragraphs (A)(1)-(4).

C.

A tentative parcel map or parcel map shall not be required for the following divisions of land:

1.

Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing; or

2.

Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

D.

Whenever a provision of the Subdivision Map Act or this Ordinance requires the filing of a tentative map, a vesting tentative map may be filed instead in accordance with the provisions of this Ordinance.

15.04.702.090 - Parcel Map—Waiver of Requirement. ¶

A.

Applicability. In the following cases, the subdivider or his or her representative may submit an "application for waiver of parcel map" to the Zoning Administrator:

1.

A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

2.

A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

B.

Procedure. This waiver shall only be granted by the Zoning Administrator upon a finding that the proposed division of land complies with the requirements of this Ordinance or the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Subdivision Ordinance, and upon a finding that the Subdivision Map Act does not prohibit such a waiver.

C.

Tentative Parcel Map Required. Where the requirement for a parcel map is waived, a tentative parcel map shall be required.

15.04.702.100 - Required Findings. ¶

A tentative or vesting tentative map or parcel map may not be approved unless the decision-making body makes all of the following findings:

A.

Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and other applicable provisions of the City's Municipal Code.

B.

Physically Suitable. The site is physically suitable for the type of development and the proposed density of the development.

C.

No Environmental Damage. The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an Environmental Impact Report (EIR) was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

D.

Public Health Problems. The proposed subdivision, together with the provisions for its design and improvement, is not likely to cause serious public health problems.

E.

No Conflict with Easements. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The City may approve a map if it finds that alternate easements for access or for use will be provided and that these easements will be substantially equivalent to ones previously acquired by the public.

F.

Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.

ARTICLE 15.04.703 - TENTATIVE MAPS AND PARCEL MAPS

15.04.703.010 - Purpose. ¶

The purpose of this article is to establish the form, contents, submittal, and procedures for approval of all tentative maps, including tentative maps for divisions of land into five or more parcels and preliminary parcel maps for divisions of land into four or fewer parcels or where a tentative map is not required.

15.04.703.020 - Application for Vesting Tentative Map. ¶

A vesting tentative map may be prepared and filed in place of a tentative map, pursuant to Article 15.04.704.

15.04.703.030 - Optional Preliminary Conference. ¶

Prior to the submittal of any map, the subdivider may request a consultation with Department staff for technical advice and procedural instructions. Preliminary sketches of the subdivision may be submitted and discussed. Preliminary sketches must be to scale and in sufficient detail to indicate the essential characteristics of the subdivision, including the number, size, and design of the lots, the location and width of streets; the location of significant reservations of lands or easements; the relation of the subdivision to surrounding properties; and any other details necessary to enable a preliminary review. The Zoning Administrator shall schedule a conference with the subdivider to discuss the preliminary map and make recommendations concerning the submittal of a tentative or vesting tentative map. Such recommendations are not binding on the City or the applicant.

15.04.703.040 - Tentative Subdivision Maps and Parcel Maps: Filing, Form and Content, and Fee. ¶

A subdivider shall file an application for a tentative map or preliminary parcel map with the Planning Department in a form determined by the Zoning Administrator. The application shall be accompanied by the materials specified below and any additional materials that the Zoning Administrator determines necessary to fulfill the requirements of this Ordinance and the Subdivision Map Act and the required fee.

A.

The tentative map shall be prepared by a by a California-registered civil engineer or California-licensed land surveyor and must contain the following information, unless waived by the Director of Engineering and Capital Improvement Projects:

1.

The subdivision name or number, date, north arrow, scale, and reference to the Richmond city datum with a sufficient legal description to define boundaries of the proposed subdivision and a vicinity map showing the location of the subdivision and City boundaries.

The name and address of the record owner, the subdivider, and the civil engineer or land surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor.

3.

Topography, using contour intervals of one foot or less where ground slope is five percent or less, and contour intervals of five feet or less where ground slope is greater than five percent. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed subdivision. The tentative map must contain a statement by the person preparing the map stating the source of contours shown on the map.

4.

The location and outline to scale of each structure on the property proposed for division. Each structure that is to be retained must be so noted.

5.

Approximate boundaries of areas subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses.

6.

Approximate location of all trees and tree masses, 12 feet or more in height, standing within the boundaries of the subdivision.

7.

The locations, widths, grades and names of all existing or proposed streets, alleys, pedestrian ways, bicycle paths, transit facilities, railroad rights-of-way and grade crossing, and other rights-of-way within and adjacent to the subdivision, and the radius of each centerline curve. All streets and alleys intended to be private must be clearly so designated.

8.

The location and dimension of all known existing easements and reserves and all proposed public easements.

9.

The location of existing utilities, sewers, drainage ditches and other drainage facilities located in, or adjacent to, the proposed subdivision.

10.

The approximate lot layout and the approximate dimensions of each lot and of each building site, the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes to scale.

11.

Proposed plan and easements for drainage and for handling stormwater.

12.

Statement of the present use, zoning district(s), and the proposed use(s), including areas to be reserved for public or semi-public use.

13.

Source of water supply and proposed plans and easements for sewerage and provision for sewage disposal.

B.

The following information, data and reports shall be submitted with, but not on, the tentative map or tentative parcel map:

1.

A grading and drainage plan.

a.

The grading plan shall show:

Existing and proposed contour lines;

ii.

Topographic information on any adjoining properties within 100 feet of the boundary lines of the proposed tentative map; and

iii.

The location, size and species of all trees.

b.

Tentative maps within a hillside area shall include topographic information based on a field survey or an aerial survey.

A preliminary soils report.

3.

Preliminary geologic and seismic safety reports for tentative maps that are within geologic or seismic hazard areas or in hillside areas.

4.

A preliminary archaeological survey for tentative maps within an area of cultural significance, including but not limited to, prehistoric or historic archaeological sites, buildings, structures, objects, and unique cultural resources.

5.

An acoustical analysis may be required by the Zoning Administrator to demonstrate compliance with the standards of the General Plan.

6.

The characteristics of all proposed parks, open spaces and school facilities, including the methods of land acquisition, improvement and maintenance.

C.

The Zoning Administrator may waive the submittal of any of the reports required by subsection B upon determining that adequate information exists in City records regarding the area involved and that no additional analysis is necessary.

D.

The Zoning Administrator may require additional development-related applications be filed concurrently with the submittal of a tentative map application.

E.

The Director shall forward copies of the tentative map and pertinent information to affected public agencies, including the local school districts, and utility companies for comments and recommendations.

15.04.703.050 - Department Review and Referral. ¶

A.

Determination of Complete Application. The Zoning Administrator shall determine whether the application for approval of a tentative map or tentative parcel map is complete within 30 days from receipt of the application. The tentative map shall be accepted for filing only when the Zoning Administrator determines that:

1.

All maps and information required by this Ordinance and the Subdivision Map Act have been submitted, checked and accepted as complete;

2.

All information required to conduct environmental review in compliance with the California Environmental Quality Act and the City's environmental review regulations has been submitted; and

The required fees and deposits have been paid.

B.

Department Referral. The Zoning Administrator shall forward copies of the proposed map to all affected public agencies, including the Director of Engineering and Capital Improvement Projects. The affected public agencies may, in turn, forward to the Zoning Administrator their findings and recommendations.

15.04.703.060 - Public Hearing on Tentative Map. ¶

Upon receipt of an application for a tentative map or tentative parcel map that is accepted as complete, the Zoning Administrator shall schedule the proposed map for review and public hearing by the Planning Commission and shall provide notice of the public hearing according to the following requirements:

A.

Timing and Contents. At least 10 calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the proposed division of land to be considered and a general description of the area affected, and the street address, if any, of the property involved.

B.

Method. Notice shall be given by publication once in a newspaper of general circulation, published and circulated by the City, and by posting in City Hall, and on the City's website, with copies to any interested agencies, organizations, or individuals.

Parties. Copies of the notice shall be sent to the following parties:

The subdivider.

2.

Each owner of property, as shown on the last equalized assessment roll, as owning real property within 300 feet of the subdivision boundaries, and to each resident in the subdivision.

3.

Each local agency expected to provide water, sewage, streets, schools, or other essential facilities or services to the subdivision.

4.

In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the owner of the property as shown on the last equalized assessment roll.

5.

Any person who has filed a written request with the Department. The City may impose a reasonable fee on persons requesting notice for the purpose of recovering mailing costs.

15.04.703.070 - Commission Action on a Tentative Map.

A.

Factors to be Considered. In making a decision on a proposed tentative map, the Planning Commission shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

B.

Approval by the Planning Commission. After the conclusion of the public hearing, the Planning Commission shall approve, conditionally approve, or deny the tentative map or tentative parcel map in accordance with the required findings in Section 15.04.702.090, and within 50 days after the map has been accepted for filing, an Environmental Impact Report (EIR) has been certified, a negative declaration has been adopted, or the City has determined that the project is exempt from the requirements of the California Environmental Quality Act,, whichever is latest.

C.

Reporting of Decision. The Planning Commission shall report its action to the subdivider and transmit a copy of the tentative or parcel map and a memorandum setting forth its decision to the Director of Engineering and Capital Improvement Projects.

15.04.703.080 - Shoreline Access Considerations. ¶

A.

The Planning Commission shall not approve a tentative map or parcel map of any subdivision fronting upon the shoreline when the subdivision does not provide or have available maximum feasible public access by fee or easement from public highways to land below the ordinary highwater mark on any San Francisco Bay and San Pablo Bay shoreline within or at a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated.

B.

Maximum feasible public access, as used in subsection A, shall be determined by the Planning Commission in the context of applicable General Plan policies.

C.

In making the determination of what shall be maximum feasible public access, the Planning Commission shall consider:

1.

That access may be by highway, foot trail, bike trail, or any other means of travel.

2.

The size of the subdivision.

3.

The type of shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific exploration.

4.

The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

D.

Nothing in this section shall require the Planning Commission to disapprove either a tentative or final map solely on the basis that the public access otherwise required by this section is not provided through or across the subdivisions itself, if the Planning Commission makes a finding that reasonable public access is otherwise available within a reasonable distance from the subdivision and that completion of the San Francisco Bay and San Pablo Bay Trail will not be impeded.

Any such finding shall be set forth on the face of the tentative or final map.

E.

The provisions of this section shall not apply to the final map of any subdivision the tentative map of which has been approved by the Planning Commission prior to the effective date of this section.

F.

The provisions of this section shall not apply to the final or tentative map of any subdivision which is in compliance with the plan of any planned development or any planned community approved by the Planning Commission or the City Council prior to December 31, 1968. The exclusion provided by this subsection shall be in addition to the exclusion provided by subsection E.

G.

Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes that are primarily for the benefit of nonresidents of the subdivision area except to the extent that such access routes are required for public access to the shoreline or for completion of the San Francisco Bay and San Pablo Bay Trail.

Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. Such conveyance or transfer shall be recorded by the recipient state or local agency in the Contra Costa County Clerk-Recorder's Office, County Recorder Division.

15.04.703.090 - Parcel Maps: Action by the Zoning Administrator. ¶

The Zoning Administrator shall approve, approve with modifications, or deny a tentative map application with the required findings in Section 15.04.702.090, within 50 days after the map has been accepted for filing, or the Environmental Impact Report (EIR) has been certified, a negative declaration has been adopted, or the City has determined that the project is exempt from the requirements of the California Environmental Quality Act, whichever is latest. The Zoning Administrator may modify or delete any of the conditions of approval recommended by the affected public agencies, except conditions required by the Richmond Municipal Code, other City Ordinances, or Standard Specifications approved by the City Council.

15.04.703.100 - Expiration and Extensions. ¶

A.

Expiration. The approval or conditional approval of a tentative map or tentative parcel map shall be valid for 24 months from the date of its approval within which time the final map may be presented to the City Council for acceptance and recordation unless an extension is granted as provided in this section or is allowed pursuant to the Subdivision Map Act.

B.

Effect of Expiration. The expiration of the approved or conditionally approved tentative map or tentative parcel map shall terminate all proceedings and no final map of all or any portion of the real property included within the map shall be filed without first processing a new tentative map. Approval, processing and recording of the tentative map may occur after the expiration date if the signed final map and Improvement Agreement (if required) are submitted to the Director of Engineering and Capital Improvement Projects Director prior to the expiration date.

C.

Extensions.

1.

Request for Extension. Prior to the expiration of the tentative map or tentative parcel map, the subdivider may request in writing to the Zoning Administrator an extension of the map's expiration date. The map shall automatically be extended for 60 days or until the application for extension is approved, conditionally approved, or denied, whichever occurs first.

2.

Zoning Administrator Action. The Zoning Administrator shall review the request for extension and shall approve, conditionally approve, or deny the request within 30 days of the request. The Zoning Administrator may extend the expiration date pursuant to this section for a period(s) of time not to exceed the requirements of the Subdivision Map Act.