Richmond Municipal Code Art. 15.04.802 Planning Authorities

This article states the roles and responsibilities of all bodies, officials, and administrators with respect to administering and enforcing Article XV.

The powers and duties of the City Council under Article XV include, but are not limited to the following:

A. Approve the appointment of each member of the Design Review Committee, as required by Section 15.04.802.040 (Design Review Board).

B. Approve the appointment of each member of the Historic Preservation Commission, as required by Section 15.04.802.050 (Historic Preservation Commission).

C. Adopt guidelines for design review pursuant to Article 15.04.805 (Design Review).

D. Hear and decide appeals to revoke permits, as required by Section 15.04.803.130 (Revocation).

E. Hear and decide appeals from decisions of the Planning Commission on Use Permits, variances, and any other permits that can be appealed, as required by Section 15.04.803.140 (Appeals).

F. Initiate, consider, and adopt, reject, or modify amendments to the General Plan map and text as required by the provisions of Article 15.04.813 (General Plan Amendments) following a public hearing and recommended action by the Planning Commission.

G. Initiate, consider, and adopt, reject, or modify amendments to the Zoning Map and to the text of Article XV as required by the provisions of Article 15.04.814 (Amendments to Zoning Map and Text), following a public hearing and recommended action by the Planning Commission.

H. Hear and decide applications for development agreements, as required by Article 15.04.811 (Development Agreements).

The Planning Commission is established and organized pursuant to Chapter 3.20 (Planning Commission) of Article III of the Municipal Code and the requirements of the Government Code. The powers and duties of the Planning Commission under Article XV include, but are not limited to the following:

A. Initiate proceedings, conduct hearings and decide on proposed revocations of permits, pursuant to Section 15.04.803.130 (Revocation).

B. Hear and decide appeals of approvals, determinations, interpretations, and any other decisions made by the Director or the Zoning Administrator in the administration and enforcement of Article XV that are subject to appeal, as required by Section 15.04.803.140 (Appeals).

C. Hear and decide appeals of decisions by the Design Review Board on major design review applications, pursuant to Section 15.04.805.020 (Major and Minor Design Review).

D. Approve, conditionally approve, modify, or deny Conditional Use Permits in accordance with Article 15.04.806 (Use Permits).

E. Approve, conditionally approve, modify, or deny applications for Variances in accordance with Article 15.04.808 (Variances).

F. Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the General Plan map and text, as required by the provisions of Article 15.04.813 (General Plan Amendments).

G. Initiate, conduct hearings, and make recommendations to the City Council on proposed amendments to the Zoning Map and to the text of Article XV, as required by the provisions of Article 15.04.814 (Amendments to Zoning Map and Text).

The Design Review Board is established to conduct design review of proposed development in accordance with Article 15.04.805 (Design Review). It is organized and has the power and responsibilities as follows.

A. Membership.

1. The Design Review Board must consist of at least three and no more than seven persons who live or work in the City of Richmond. At least a majority of its members must reside in the City of Richmond.

2. To the extent practicable, membership of the Design Review Board must consist of one architect, two laypersons, one person from the business community, and one landscape architect or expert in a wide range of design/construction fields. The remaining two positions must be held by persons who are qualified to analyze and interpret architectural and design plans.

B. Quorum.

1. A quorum is needed to conduct business in the name of the Design Review Board. A majority of Design Review Board's current members constitutes a quorum, provided, however, that a quorum is never fewer than three members.

2. If a quorum is present, a majority of the votes cast is sufficient for the adoption of any motion, provided, however, that at least three affirmative votes is required for the adoption of a motion.

C. Responsibility. The powers and duties of the Design Review Board under Article XV include, but are not limited to, the following:

1. Consider all applications that are subject to major design review, pursuant to Article 15.04.805 (Design Review).

2. Approve, conditionally approve, or deny applications for major design review, in accordance with Article 15.04.805 (Design Review).

D. Appointment. Each member of the Design Review Board must be appointed by the Mayor with the approval of the City Council.

E. Term. Members of the Design Review Board are appointed for two-year terms. No member may serve for more than four consecutive full terms, provided however, that a member may remain in office until that member's successor has been appointed by the Mayor and confirmed by the Council.

F. Automatic Resignation. The absence of any member from more than eight regularly scheduled meetings of the Design Review Board within any twelve-consecutive-month period constitutes an automatic resignation from the Design Review Board; provided that the nonattendance by a member of the Design Review Board at a regularly scheduled meeting due to the requirements of other city business does not constitute an absence. Automatic resignation from the Design Review Board does not disqualify an individual from subsequently being appointed to the same or any other City commission or board.

G. Rules of Procedure Required. The Design Review Board must adopt formal procedural rules governing the duties and operation of the Board and the conduct of meetings.

H. Meetings. All meetings of the Design Review Board must be open to the public and noticed in accordance with Section 15.04.803.070 (Public Notice).

I. Technical Assistance. If, in the opinion of the Design Review Board, any design proposal may cause the emission of dangerous or objectionable noise, light, or vibrations, or not conform to design policies established in the General Plan or any applicable specific plan, the Design Review Board may refer the application for investigation and request a report from one or more expert consultant(s) qualified to advise as to how the design proposal might be modified to conform to the General Plan and to applicable regulations, policies, development standards, and performance standards. The Planning Division will manage the consultant(s). The applicant will be required to pay the fee for services performed by the consultant(s) plus overhead costs, as established in the Master Fee Schedule.

The Historic Preservation Commission is established to identify historic resources, assist in the creation and implementation of regulations for Historic Districts and Landmarks in accord with Article 15.04.303, and review and approve, reject, or approve with conditions all proposed projects involving major alterations to historic resources. It is organized and has the powers and responsibilities as follows.

A. Membership. The Historic Preservation Commission shall consist of seven members who reside or work in the City and have a demonstrated special interest, competence or knowledge of historic preservation. At least a majority of the currently serving members shall be persons who reside in the City. To the extent practicable, membership shall consist of at least one licensed architect, one licensed landscape architect, one general building contractor, one representative from the National Park Service, and one lay person. The remaining members may be representatives from recognized historic preservation organizations or professionals in the disciplines of history, architecture, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, conservation, and landscape architecture, urban planning, American studies, American civilization, or cultural geography.

B. Appointment. Members shall be nominated by the Mayor and appointed with concurrence of at least four other members of the City Council.

C. Training. Each member of the Historic Preservation Commission shall complete at least one training session in historic preservation public policy and local historic resources each year. The training session shall be conducted by professional architects, historians, archaeologists, planners and/or attorneys affiliated with or sponsored by established organizations, public agencies or institutions with extensive experience in historic preservation public policy implementation, such as the State Office of Historic Preservation, State Historical Resources Commission, colleges and universities, American Institute of Architects or the California Preservation Foundation.

D. Quorum.

1. A quorum is needed to conduct business in the name of the Historic Preservation Commission. A majority of Historic Preservation Commission's current members constitutes a quorum, provided, however, that a quorum is never fewer than three members.

2. If a quorum is present, a majority of the votes cast is sufficient for the adoption of any motion, provided, however, that at least three affirmative votes is required for the adoption of a motion.

E. Responsibility. The Historic Preservation Commission shall meet at least four times annually to perform the following tasks:

1. Act in an advisory capacity to the City Council in all matters pertaining to historic preservation;

2. Maintain a local inventory of historical resources within the City; publicize and update the inventory periodically;

3. Recommend the designation of archaeological resources, historic resources and historic districts pursuant to Article 15.04.303 (Historic Districts and Landmarks Overlay District) and review and approve certificates of appropriateness and demolition permits pursuant to Article 15.04.303;

4. For projects requiring Planning Commission approval, the Historic Preservation Commission shall review only the historic preservation and design-related issues and make a recommendation to the Planning Commission.

5. Investigate and report to the Council on the use of various federal, state, local, or private funding sources and mechanisms available to promote preservation in the City;

6. Review and comment on the decisions and documents (including environmental assessments, environmental impact reports, and environmental impact statements) of other non-City public agencies when they affect historic resources in the City;

7. Cooperate with local, county, state, and federal governments in the pursuit of the objectives of historic preservation and request and receive any appropriate information from any City departments or Historic Preservation Commission;

8. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historical resources;

9. Render advice and guidance upon the request of the property owner or occupant, on the restoration, alteration, decoration, landscaping, or maintenance of any historic resource;

10. Perform any other functions that may be designated by resolution or motion of the Council.

F. Rules of Procedure Required. The Historic Preservation Commission must adopt formal procedural rules governing the duties and operation of the Commission and the conduct of meetings.

G. Meetings. All meetings of the Historic Preservation Commission must be open to the public and noticed in accordance with Section 15.04.803.070 (Public Notice).

H. Reporting. Each year, the Historic Preservation Commission shall forward its certified local government annual report to the City Council. This item shall be for information purposes only and shall not require action by the City Council.

I. Surveys. The Historic Preservation Commission shall develop procedures for conducting surveys of historic resources. Such surveys shall be conducted in accordance with guidelines published by the California State Office of Preservation, including the use of state-approved inventory forms, encoding sheets, and the California Historic Resources Inventory Survey Workbook. Procedural standards for evaluation of properties shall be consistent with the National Register of Historic Places Criteria.

J. Term of Office of Members. The term of each member shall be for four years; provided, however, that a member may remain in office until that member's successor has been appointed by the Mayor and confirmed by the Council.

K. Absence from Meetings. The absence of any member of the Historic Preservation Commission from more than three regularly scheduled meetings of the Commission within any twelve-consecutive-month period shall constitute an automatic resignation from the Commission; provided that the nonattendance by a member of the Commission at a regularly scheduled meeting due to the requirements of other City business shall not constitute an absence. Such a resignation shall not, however, disqualify an individual from subsequently being appointed to the same or any other City Commission or Board. In the event of any such resignation, the vacancy shall be filled by appointment for the unexpired portion of the term of the appointee's predecessor in the manner prescribed above.

The Technical Review Committee is established to assist with the technical screening and review of proposed development. It is organized and has the power and responsibilities as follows.

A. Membership. The Technical Review Committee consists of one member of each of following City Departments or Divisions: Planning and Building Services, Engineering Services, Public Works, Recreation, and Public Safety (Police and Fire). Members must be appointed by the Director or Chief of their department or division. If the member is unable to attend a regular meeting of the Technical Review Committee, his or her chosen alternate must represent the respective department or division at the meeting.

B. Responsibility. The powers and duties of the Technical Review Committee under this article include, but are not limited to the following:

1. Assist the Planning Division in preparing appropriate project modifications, redesigns, and conditions of approval for discretionary or design review action by the Planning Commission and Design Review Board to be consistent with good planning practices and to meet the standards of fire and building codes, the Municipal Code, Article XV, specific plans, and City Council policy resolutions.

2. Assist in the screening for completeness of development applications that require a discretionary hearing by the Zoning Administrator or Planning Commission or that require a design review hearing by the Design Review Board.

C. Meetings. The Technical Review Committee meets monthly or more frequently, as needed, to review proposed development applications.

The powers and duties of the Director of Planning and Building Services (the "Director") under Article XV include, but are not limited to the following.

A. Maintain and administer Article XV, including oversight of processing of applications, abatements and other enforcement actions.

B. Prepare and effect rules and procedures necessary or convenient for the conduct of the Director's business. These rules and procedures may include the administrative details of hearings officiated by the Director or the Zoning Administrator (e.g., scheduling, rules of procedure and recordkeeping) as well as other written policies and procedures needed to implement Article XV.

C. Issue administrative regulations for the submission and review of applications subject to the requirements of Article XV and Government Code Section 65950 (Deadlines for Project Approval Conformance; Extensions), including determining what constitutes a complete application.

D. Negotiate specific components and provisions of development agreements, as provided by Article 15.04.811 (Development Agreements).

A. Designation of Zoning Administrator. The Director shall designate the staff member to serve as the Zoning Administrator, which may be the Director himself/herself.

B. Zoning Administrator's Responsibilities. The powers and duties of the Zoning Administrator under Article XV include, but are not limited to the following.

1. Interpret Article XV for members of the public and to other City Departments.

2. Review applications for discretionary permits, design review, and approvals under this Ordinance for conformance with applicable submission requirements and time limits in accordance with Article 15.04.803 (Common Procedures) and determine when applications are complete.

3. Administer environmental review requirements pursuant to the California Environmental Quality Act ("CEQA"); determine whether a project is exempt from environmental review under CEQA and, if so, make a record of that determination, pursuant to Section 15.04.803.060 (Environmental Review); propose project revisions and conditions to mitigate environmental impacts; determine whether applications will require preparation of an environmental impact report; and approve Negative Declarations and Mitigated Negative.

4. Provide public notice, as required pursuant to Section 15.04.803.070 (Public Notice).

5. Make decisions on minor design review applications, pursuant to Section 15.04.805.020 (Major and Minor Design Review).

6. Hear and decide applications for Administrative Use Permits pursuant to Article 15.04.806 (Use Permits).

7. Hear and decide requests for minor modifications to approved permits, pursuant to Section 15.04.803.120 (Modification of Approved Plans).

8. Make decisions on requests for waivers of dimensional requirements, pursuant to Article 15.04.809 (Waivers).

9. Review and make decisions on minor alterations, pursuant to Article 15.04.303.120 (Certificates of Appropriateness).

10. Review and make decisions on applications for signs under Article 15.04.609 (Signs).

11. Make recommendations to the Planning Commission and City Council on all matters on which they have decision-making authority pursuant to Sections 15.04.802.030 (Planning Commission) and 15.04.802.020 (City Council).

12. Investigate and make reports to the Planning Commission on violations of permit terms and conditions when the City has initiated revocation procedures, pursuant to Section 15.04.803.130 (Revocation).

13. Review applications for permits and licenses for conformance with Article XV, pursuant to Article 15.04.804 (Zoning Compliance Review).

14. Enforcing the provisions of Article XV and investigating all violations and suspected violations of Article XV pursuant to Article 15.04.815 (Enforcement Provisions).

15. Refer items to the Planning Commission where, in his/her opinion, the public interest would be better served by a Planning Commission public hearing and action.

16. Refer an application for investigation and a report to one or more expert consultant(s) qualified to advise as to whether the proposal will conform to the General Plan or any applicable regulations, policies, development standards, and performance standards.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018)