Richmond Municipal Code Art. II Requirements and Regulations for Marina Berthing Facilities

It shall be unlawful for any person to operate a marina or let berths for moorage of vessels without first securing a valid marina operating permit as hereinafter provided.

a. Applications for New Marinas. All applications for new marinas be submitted to the director of public works with a survey and site plan drawn to scale and fully dimensioned. The site plan shall be drawn by an architect, land surveyor or engineer registered in the state of California and shall include the following information:

(1) Name and address of owner and/or operator;

(2) Address and legal description of the property on which the marina is located;

(3) Location and identification of individual moorage sites

(4) Location of off-street parking spaces;

(5) Location and dimensions of walkways and any accessory structures or facilities;

(6) Water service system;

(7) Fire protection system;

(8) Electrical service and lighting system;

(9) Complete sewage system.

b. Applications for Existing Marinas. All owners or operators of marinas presently operating in Richmond shall apply for and be granted a conditional marina operating permit within ninety calendar days of the effective date of the ordinance codified in this chapter. Each marina owner or operator shall then have a six-month period in which to file a complete application with the director of public works as specified in Section 5.12.050(a) of this chapter, except that it is not necessary for the site plan to be prepared by a registered architect, land surveyor or engineer, provided that it meets the approval of the director of public works. Each marina owner or operator shall include with the complete application a listing of existing nonconformities based on an inventory and inspection of the marina by the owner or operator. This listing of existing nonconformities shall be reviewed and approved by the director of public works.

Each owner or operator of an existing marina shall be entitled to maintain his present facilities, including those items approved as existing nonconformities in the present condition except where as necessary to the health and safety of the users of the marina, in which case the marina owner or operator shall have three years from the effective date of the ordinance codified in this chapter in which to effect the necessary changes. If the director of public works finds a condition which he deems constitutes an immediate hazard or unsafe condition to the safety of the marina users, he may require immediate abatement of the hazard or unsafe condition.

c. Fee. A fee, set by city council resolution, shall be charged for the marina operating permit.

d. Issuance. In order for a marina operating permit to be issued, a marina must comply with the requirements specified in Section 5.12.060 of this chapter, except as modified by Section 5.12.020(b) and Section 5.12.050(b).

e. Posting. The marina operating permit shall be permanently posted, displayed and maintained at a conspicuous location in the marina to which it is issued.

f. Term Renewal. A marina operating permit shall be effective for a period of five years unless revoked for cause by the director of public works or there is a change of owner or operator of the marina. A marina operating permit may be renewed by submission of a renewal application obtained from the department of public works and payment of a fee as set by city council resolution.

g. Inspections—Revocation. If the director of public works determines that a permittee is acting in contravention of any of the provisions hereof, he shall notify the permittee, in writing, of the specific provisions involved and the requirements for correction. If the permittee fails to commence corrective measures within ninety calendar days, the director of public works may revoke the marina operating permit. Corrective measures shall include application for and diligent action to obtain whatever permits are necessary in order to commence physical improvements.

h. Appeals and Variances. There is hereby created a marina permit adjustment board which shall hear appeals of any applicant who asserts that any provision of this chapter is being improperly interpreted or applied by the director of public works and requests of any applicant who wishes a variance from the application of one or more of the provisions of this chapter. The marina permit adjustment board shall be composed of the department heads from the following city departments: fire, recreation and parks, planning, and police, one member from a privately owned public access marina and one member from a private club marina; the latter two members shall be appointed by the mayor of the city of Richmond and approved by the city council.

i. Appeal to Marina Permit Adjustment Board. In the event that any applicant or permittee is dissatisfied with the actions of the director of public works by reason of failure to grant a permit, or imposition of any conditions relating to a permit, or revocation of a permit, or desires a variance from any of the provisions of this chapter, said person or persons shall have the right to appeal to the marina permit adjustment board within thirty calendar days after notification of the director of public works' decision.

Such appeal shall be filed in duplicate with the city clerk, and shall set forth specifically wherein the director of public works findings were in error and wherein public necessity, convenience, and general welfare requires the granting of the permit, not imposing certain conditions relating to the permit, or not revoking the permit.

Upon receipt of the appeal, the city clerk shall notify the appellant in writing of the time of the hearing set by the board. Such notice shall be given by personal delivery or by registered mail to the appellant's last-known address as shown in the files of the director of public works. Such hearing shall be held within thirty days from the date of receipt of the appeal and may be continued from time to time by the board.

Prior to the hearing, such appeal shall be referred to the director of public works, and thereupon the director of public works shall make a report to the board disclosing in what respect he failed to find that the public necessity, convenience and general welfare requires the granting of the permit, not imposing certain conditions relating to the permit, or revoking the permit. The board, may, by a two-thirds vote of the whole of said board, grant any such appealed application, but in making any change in the recommendation of the director of public works the board must make written findings of fact wherein the director of public works' findings were in error.

In the case of a variance request, at the hearing the applicant or his agent shall have an opportunity to present evidence to the board concerning the degree of hardship that will result to the applicant if the provision or provisions involved are applied to the marina in question. Following the hearing, the board shall determine whether or not the evidence presented supports a hardship sufficient to warrant the requested variance.

In order to establish specific reason upon which the board bases its decision, written findings similar to those outlined below shall be made in the consideration of each variance application.

Each finding shall be established by mutual agreement or, in the case of doubt, by an actual vote of the board. All findings shall be based upon the factual data presented to the board.

Five types of findings shall be considered for each variance application; such approval shall require findings of fact in regard to each.

a. Peculiar or unusual circumstances apply to the marina in question which are:

i. Unique to such property;

ii. Not applicable to other marinas in the city; and

iii. Not a result of actions by the applicant or his tenants or other clientele after January 15, 1979.

b. Granting the variance is necessary to alleviate a particular hardship or difficulty inherent in the land whereby literal interpretation of the provisions of the marina ordinance would deprive the applicant of the rights commonly enjoyed by other marinas in the city.

c. Granting of the variance will not in any way impair the health, safety, comfort, morals and general welfare of the public.

d. The applicant will not receive any special privileges denied by the marina ordinance to other marinas in the city, nor will the variance be contrary to the intent of the city's development policies as expressed in the zoning ordinance or the general plan.

e. The extent of the variance to be granted is necessary to provide a balance between relief of the hardship and maintenance of Richmond's intended development policy.

If the above findings apply, the board may, by a two-thirds vote, grant the variance with such conditions as it may deem appropriate to minimize the adverse impact upon the purpose to be achieved by this chapter. The decision shall be in writing and a copy thereof shall be mailed to the appellant within thirty days of the hearing.

In the event that any appellant is dissatisfied with the action of the marina permit adjustment board by reason of failure to overturn the decision of the director of public works or failure to grant a variance, or imposition of any conditions, the appellant shall have the right to appeal to the city council within fifteen calendar days after notification of the contested action.

Such appeal shall be filed in duplicate with the city clerk, and shall set forth specifically wherein the marina permit adjustment board's findings and decision were in error and wherein public necessity, convenience, and general welfare requires the reversal of the findings and decision and/or modification of certain conditions imposed.

Upon receipt of the appeal, the city clerk shall notify the appellant in writing of the time of the hearing set by the city council. Such notice shall be given by personal delivery or by registered mail to the appellant's last known address as shown in the files of the director of public works. Such hearing shall be held within thirty days from the date of receipt of the appeal and may be continued from time to time by the city council.

Prior to the hearing such appeal shall be referred to the director of public works, and thereupon the director of public works shall make a report to the city council stating the findings and decision made by the marina permit adjustment board.

The city council may, by a two-thirds vote of the whole of the council, grant any such appealed application, but in making any change in the findings and decision of the marina permit adjustment board the council must make written findings of fact wherein the marina permit adjustment board's findings were in error. A copy of the city council's decision shall be sent to the appellant within thirty days of the hearing and be placed in the appellant's file which is kept by the department of public works.

The determination of the city council shall be final and the appellant shall be deemed to have exhausted his administrative remedies once the decision has been made. Any interested party to the appeal may seek judicial review of the decision.

The provisions of this section apply to all marinas located wholly or partially within the incorporated area of the city of Richmond, except as modified by Section 5.12.020 (b) and Section 5.12.050 (b). Those marinas which permit houseboats shall also comply with the provisions of Section 5.12.080.

a. Sanitary Sewage Disposal. If a public sewer line is available to a marina, a marina shall provide a sewage lateral system for the collection of sewage.

If a public sewer is not available to a marina, the marina owner/operator shall maintain suitable facilities for the disposition of sewage so as not to be in violation of the rules of the regional water quality board. Each marina shall provide a convenience facility for the pumping out of boats' holding tanks of the discharge of sewage. This latter requirement shall be applicable to all marinas and shall come under the three-year rule as outlined in Section 5.12.050, subsection b.

b. Access. All slips or walkways providing access for more than two berthing spaces shall be at least four-feet wide. Walkways from slips to shore that extend over one hundred feet shall be at least five-feet wide. All public gangways (serving more than one berth) shall be designed to eliminate slopes greater than two and one-half horizontal to one vertical, have two guardrails and be at least four-feet clear width. All nonfloating walkways or piers shall be equipped with guardrails in any area which is open to public access and not designated for loading and unloading. Further, all gangways and walkways shall comply with the following requirements:

1. Sufficient flotation shall be provided for floating walkways, except slip fingers, to support a uniform live load of twenty pounds per square foot, or concentrated load of four hundred pounds. These design loads need not be applied simultaneously. Freeboard to the top of the walkway under dead load and live load shall not be less than eight inches.

2. Guardrails shall either conform to Chapter 17 of the Uniform Building Code or the top rail shall be not less than forty-two inches or more than forty-five inches in height and a safety rail shall be located at midheight.

3. Floating walkways shall have sufficient buoyancy to support a twenty pound per square foot uniform live load, plus the dead load of the structural members in the flotation calculation.

4. Framing shall be at least two inches nominal thickness if constructed of wood. If the entire structure is of plywood, it shall be at least three-fourths inch thickness exterior grade.

5. The edges and ends of all walkways shall be lighted to minimize tripping and stumbling hazards.

c. Parking. Parking shall be provided at all marinas as follows:

1. Parking spaces shall be provided in conformance with subsection c of Section 15.04.105 of the Richmond Municipal Code.

2. Parking areas shall be illuminated when facilities within a marina which are available to the general public are open for use during hours of darkness. Such lighting shall average illumination of 0.5 foot-candles at ground level.

d. Plumbing. The plumbing of water, sewage and gas shall comply with the provisions of Chapter 6.28 of the Richmond Municipal Code, as amended, except as follows:

1. Water Distribution. Each four berths shall be supplied with a potable water outlet which, by means of approved connecting hoses, provides sufficient pressure and contains a backflow prevention device on each outlet.

2. Fuel Gas Piping. If berths are provided with gas outlets, they shall be equipped with valve and approved disconnect couplings with automatic cut off.

All gas piping installed on dock, piers, or other areas exposed to corrosion shall be protected by approved wrapping.

e. Electrical Distribution. The electrical system servicing vessels moored in a marina shall conform to the regulations contained in Chapter 6.16 of the Richmond Municipal Code, as amended.

f. Fire Protection. Installation and maintenance of wet standpipes, portable fire extinguishing equipment, alarm systems, hydrants, and access shall comply with the provisions of Chapter 8.16 of the Richmond Municipal Code, as amended. Fire flows shall meet the requirements of the fire department.

g. Solid Waste Disposal. Solid waste shall be disposed of through the services of the Richmond sanitary district, or other suitable disposal agency.

h. Public Toilets and Lavatories. The number of toilet fixtures and lavatories shall be provided on the basis of one toilet fixture and lavatory per sex for every eighty berths or fraction thereof.