Richmond Municipal Code Art. 15.04.803 Common Procedures

This article establishes the procedures that are common to the application for and processing of all permits and approvals provided for in Article XV, except as superseded by a specific requirement of Article XV or State law.

A. Authority to File Applications. The following persons and/or entities are considered qualified applicants and have authority to file an application for review or approval under Article XV:

1. The owner of the subject property ("owner"), including any person, corporation, partnership or other legal entity that has a legal or equitable title to land that is the subject of a development proposal.

2. The owner's agent, with written consent of the owner.

3. The purchaser of the subject property, with written consent of the owner.

4. A lessee, with written consent of the owner.

B. Application Contents.

1. Application Forms. The Director must prepare and issue application forms that specify the information and materials required from applicants for projects subject to the provisions of Article XV.

2. Electronic Submissions and Supporting Information and Materials. The Zoning Administrator may require the electronic submission of application materials, consistent with the Government Code, and also is authorized to request the submission of additional information and materials from the applicant when necessary to complete the review of the project. The information and materials may include, but are not limited to, written descriptions, photographs, plans, drawings, maps, renderings, models, material samples and other items necessary to describe existing conditions and the proposed project. Unless otherwise specified, all renderings must depict the proposed structure, landscaping, and other improvements, and surrounding uses as they would appear after project completion.

3. Submittal Waivers. The Zoning Administrator may waive certain submittal requirements to tailor the requirements to the information necessary to review the particular application.

4. Public Review. All forms, information, and materials submitted in support or in opposition to an application become property of the City, may be distributed to the public, and will be made available for public inspection. Upon reasonable request and during normal business hours, any person may examine these submittals in the Planning Division. Unless prohibited by law, copies of these submittals will be made available at a reasonable cost.

C. Application Fees.

1. Schedule of Fees. The City Manager is responsible for maintaining a Master Fee Schedule pursuant to Municipal Code Section 2.34.040 (Schedule of Fees and Service Charges) for fees and deposits for permits, appeals, amendments, penalties, copying, and similar items to defray the cost of processing applications under Article XV.

2. Fee Waiver. An applicant may submit a written request to the Zoning Administrator for the waiver of all or a portion of fees. Upon a finding by the Zoning Administrator that, owing to exceptional or extraordinary circumstances, collection of the required fees will result in unnecessary hardship, the fees may be reduced or waived by the Zoning Administrator.

3. Payment of Fees. Payment of the fee is required in order for an application to be complete, unless a fee waiver has been granted.

4. Multiple Applications. The City's processing fees are cumulative. For example, if the application for Design Review includes a Conditional Use Permit, both fees will be charged.

5. Refund of Fees. Application fees are non-refundable unless otherwise provided for in the Municipal Code or by a policy of the City Council.

A. Purpose. Pre-Application Review is an optional review process. This review's purpose is to provide information on relevant policies, zoning regulations, and procedures. This review is intended for large, complex projects and/or potentially controversial projects.

B. Exemption from Permit Streamlining Act. An application that is accepted for Pre-Application Review is not complete under the California Permit Streamlining Act unless and until the Zoning Administrator has received the application, reviewed it, and determined it to be complete as required by Section 15.04.803.040 (Review of Applications).

C. Review Procedure. The Zoning Administrator conducts the Pre-Application Review. The Zoning Administrator may consult with or request review by any City agency or official with interest in the application.

D. Recommendations Are Advisory. Neither Pre-Application Review nor the information conveyed during the Pre-Application Review is a recommendation for approval or denial of an application by City representatives. Any recommendations that result from Pre-Application Review are advisory; they are not binding on the applicant or the City.

A. Review for Completeness.

1. The Zoning Administrator must determine whether an application is complete within 30 days of the date that the application is filed with the required fee. If the Zoning Administrator does not make such determination, the application is deemed complete pursuant to State law and shall be processed accordingly.

2. The Zoning Administrator and the applicant may mutually agree in writing to extend this time period.

B. Incomplete Application.

1. Zoning Violations. An application is incomplete if conditions exist on the site in violation of Article XV or any permit or other approval granted in compliance with Article XV, unless the proposed project includes a correction of the violation(s).

2. Notification of Deficiencies. If an application is incomplete, the Zoning Administrator must provide written notification to the applicant specifically identifying how the application is deficient and stating that the Planning Division will not process an incomplete application. The application must then be classified as "incomplete."

3. Correcting Deficiencies. The applicant must provide the materials and/or information required to correct the deficiencies in the application within the time limit specified by the Zoning Administrator, which must not be sooner than 30 days. The Zoning Administrator may grant one extension of up to 90 days.

4. Expiration of Application. If an applicant fails to correct any specified deficiency within the specified time limit, the application will be deemed expired. After the expiration of an application, the submittal of a new, complete application is required.

5. Appeal of Determination. The decision that an application is incomplete may be appealed to the Planning Commission in accordance with Section 15.04.803.140, except that there must be a final written determination on the appeal no later than 60 days after the Planning Commission's receipt of the appeal.

C. Complete Application.

1. Complete Application Required. An application must be complete before review of the application begins.

2. Determination of Complete Application. An application is complete when the Zoning Administrator determines that it is submitted on the required form, includes all the necessary information to decide whether the application will comply with the requirements of Article XV, and is accompanied by the applicable fee(s). The Zoning Administrator's decision is final and not subject to review by a decision-making body.

3. Recording Date and Scheduling Hearing. When an application is determined to be complete, the Zoning Administrator must make a record of that date. If the application requires a public hearing, the Zoning Administrator must schedule it and notify the applicant of the date and time.

When multiple applications that require public hearings are filed for the same projects, all issues shall be heard together by the review authority with the most authority, and other review bodies shall provide recommendations to that review authority unless more specific procedures for a specific application or procedure are prescribed elsewhere in Article XV. If a project requires design review, and a conditional use permit, the Design Review Board shall make a recommendation to the Planning Commission. If a rezoning is also required, then the Planning Commission and Design Review Board shall make recommendations to the City Council. However, if a legislative decision is required, the Zoning Administrator shall have the authority to require that the legislative decision be considered first.

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

Before approving any application subject to discretionary review under Article XV, the requirements of the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) must be met.

A. Procedures. The City adopts and incorporates by reference the State CEQA Guidelines as its environmental review procedures.

B. Determination of Exemption. The Zoning Administrator must determine whether a project is exempt from environmental review under CEQA and, if so, must make a record of that determination. If the project is not exempt, a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report must be prepared at the applicant's expense.

C. Exempt Projects. Prior to approving the project, the decision-maker(s) must first approve the Zoning Administrator's determination of an exemption. Following project approval, a Notice of Exemption need not be filed with the Contra Costa County Clerk-Recorder's Office, County Recorder Division unless the applicant requests it or the City determines that it is necessary. The applicant must pay all filing fees for the Notice of Exemption.

D. Non-exempt Projects. If the Zoning Administrator determines that the project is not exempt from environmental review under CEQA, the applicant must be notified and must deposit with the City sufficient funds to pay the anticipated cost of preparation and processing of the required environmental document, include the City's administration fee. Prior to approving the project, the decision-maker must first approve the Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report. Any identified mitigation measures must be incorporated into the conditions of approval of the project unless a Statement of Overriding Considerations is adopted. Following project approval, a Notice of Determination must be filed with the Contra Costa County Clerk-Recorder's Office, County Recorder Division at the applicant's expense.

Whenever the provisions of Article XV require public notice, notification must be provided in compliance with this section and State law. Unless otherwise specified in Article XV or applicable State law, all notice must be provided at least 10 days prior to the public hearing or, where no hearing is required, 15 days before the date of action. The type of notice(s) required is indicated in Table 15.04.803.150 (Decision Making, Public Hearing, and Notice Requirements).

A. Contents of Notice. The notice must include the following information:

1. The location of the real property, if any, that is the subject of the application;

2. A general description of the proposed project or action;

3. The date, time, location, and purpose of the public hearing or the date of action when no public hearing is required;

4. The identity of the hearing body or officer;

5. The names of the applicant and the owner of the property that is the subject of the application;

6. The location and times at which the complete application and project file may be viewed by the public;

7. If a public hearing is required, a statement that any interested person or authorized agent may appear and be heard; and

8. A statement describing how to submit written comments, what the appeal procedures are, and that failure to raise an issue may limit appeal rights.

B. Types of Notice.

1. On-Site Poster (Type A). The applicant erects a poster on the site of the proposed project, readily visible to the public, in a format prescribed by the Zoning Administrator. This poster must remain in place until the public hearing or date of action, after which the applicant must remove the poster.

2. Limited Notice (Type B). Notice is provided by first class mail delivery to the applicant, the owner, any occupant of the subject property, and all property owners of record within 300 feet of the subject property as shown on the latest available assessment role.

3. Posted and Online Notice (Type C). Notice is posted at City Hall and on the City's website and at two additional public places within the City.

4. Newspaper Notice (Type D). A display advertisement of at least one-eighth page is published in a newspaper of general circulation.

5. Mailed Notice (Type E). Notice is provided by first class mail delivery to the parties listed below. If the number of owners to whom notice would be mailed or delivered to is greater than 1,000, Type D newspaper notice may be used instead.

a. The applicant, the owner, and any occupant of the subject property.

b. All property owners of record within 300 feet of the subject property as shown on the latest available assessment role or within a larger area if deemed necessary by the Zoning Administrator in order to provide adequate public notification.

c. All neighborhood and community organizations that have previously filed a written request for notice of projects in the area where the site is located.

d. The City of San Pablo, the City of Pinole, the City of El Cerrito, or the City of Albany if the subject property is within 300 feet of the respective jurisdiction's boundary.

e. The County of Contra Costa if the subject property is within 300 feet of the unincorporated County of Contra Costa.

f. The West Contra Costa Unified School District, East Bay Municipal Utility District, and any other local agency expected to provide water, wastewater treatment, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected.

g. Any person or group who has filed a written request for notice regarding the specific application and has paid any required fee that the City Council has adopted to provide such service.

6. Additional Notice (Type F). Notice may be provided in any other manner deemed necessary or desirable by the Zoning Administrator.

C. Failure to Receive Notice. The validity of the proceedings are not affected by the failure of any person or entity to receive notice under this section.

Whenever the provisions of Article XV require a public hearing, the hearing must be conducted in compliance with the requirements of State law and as follows.

A. Staff Report. At least five days prior to the hearing, the Zoning Administrator must issue a staff report containing an analysis of the project, recommendation for action, and any recommended conditions of approval deemed necessary to ensure that the project will comply with the General Plan, any applicable specific plan, Article XV, and any other applicable City regulations.

B. Presentations. At the hearing, the Zoning Administrator must briefly present his or her analysis of the project and recommendation for action. If the hearing is before the City Council, the Planning Commission's recommendation must also be presented. The applicant must also be provided an opportunity to make a presentation.

C. Testimony. Any person may appear at the public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization.

D. Time Limits. The presiding officer may establish time limits for individual testimony and may request that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals.

E. Continuation of Public Hearing. The body conducting the public hearing may continue it to a fixed date, time and place, in which case no additional notification is required. Or, the body conducting the public hearing may continue it to an undetermined date, and provide notice of the continued hearing when the date, time and place for the hearing have been determined.

F. Investigations. The body conducting the public hearing may require investigations to be conducted, as it deems necessary and in the public interest, in any matter to be heard by the hearing body. The investigation may be made by a committee of one or more members of the hearing body or by City staff. Facts established by the investigation will be submitted to the hearing body either in writing, to be filed with the records of the matter, or in testimony before the hearing body, and may be considered by the body in making its decision.

When making a decision to approve, approve with conditions, modify, revoke or deny any discretionary permit under Article XV, the responsible decision-maker must issue a Notice of Action and make findings as required by Article XV.

A. Date of Action. After the close of the public hearing or, if no hearing is required, no sooner than ten days after any notice was provided pursuant to Section 15.04.803.070, the decision-maker must make a decision to approve, approve with conditions, or deny the application. Decisions must also be made within any applicable time period set forth below.

1. Project Exempt from Environmental Review. Within 30 days of the date the City has determined an application to be complete, a determination must be made whether the project is exempt from Environmental Review per State CEQA requirements.

2. Project for which a Negative Declaration or Mitigated Negative Declaration is Prepared. Within 60 days of the date a Negative Declaration or Mitigated Negative Declaration has been completed and adopted for project approval, the City must take action on the accompanying discretionary project.

3. Project to Develop Affordable Housing for which an Environmental Impact Report is Prepared. Within 90 days from the date that the decision-making authority certifies the Final Environmental Impact Report for an affordable housing project that meets the criteria set forth in California Government Code Section 6590(a)(2) for environmental review of affordable housing projects, the City must take action on the accompanying project.

4. Project for which an Environmental Impact Report is Prepared. Within 180 days from the date the decision-making authority certifies a Final Environmental Impact Report, the City must take action on the accompanying discretionary project.

B. Findings. The decision must be based on the findings required by Article XV. The findings must be based on consideration of the application, plans, testimony, reports, and other materials that constitute the administrative record and must be stated in writing. They may refer to a City resolution, ordinance, or record of the action on the application.

C. Conditions of Approval. In approving an application, the decision-maker may impose reasonable conditions it deems necessary to ensure that the project will comply with the General Plan, any applicable specific plan, Article XV, and any other applicable City regulations.

D. Referral Back to Planning Commission. In approving applications requiring City Council approval upon a recommendation of the Planning Commission, the Council may add, modify, or delete any terms of the permit itself or any provisions of the conditions of approval. Such action may, but need not be, referred back to the Planning Commission for its review and recommendation.

E. Notice of Decision. After the decision is made, the Zoning Administrator must issue a notice of decision. For a Planning Commission or City Council action, this notice must consist of the approved resolution or ordinance and any associated conditions of approval. For a decision by any other decision-maker, a letter must be issued to the applicant indicating the decision and any written findings and conditions of approval. A copy of the notice must also be provided to any other person or entity that has filed a written request of such notification.

A final decision on an application for any discretionary approval subject to appeal is effective after the expiration of the 10-day appeal period following the date of action, unless an appeal is filed pursuant to Section 15.04.803.140. No building permit or business license for the structure or use that is the subject of the application may be issued until after the close of the 10-day appeal period.

A. Expiration. The decision-maker, in the granting of any permit or approval, may specify a time within which the proposed use or construction must be undertaken and actively and continuously pursued. If no time period is specified, any permit or approval granted under Article XV automatically expires if it is not exercised or extended within one year of its issuance.

1. Exercise of Use Permit. A permit for the use of a building or land that does not involve construction is exercised when the permitted use has commenced on the site.

2. Exercise of Building Permit. A permit for the construction or alteration of a building or structure is exercised when a valid City building permit, if required, is issued, and construction has lawfully commenced.

B. Extensions. The Zoning Administrator may grant a two-year extension of any permit or approval granted under this article upon receipt of a complete written application with the required fee prior to the approval's expiration date. In order to grant an extension, the Zoning Administrator must make the following findings:

1. The applicant has clearly documented that he or she has made a good faith effort to commence and diligently pursue work;

2. It is in the best interest of the City to extend the approval;

3. There are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act; and

4. The applicant is maintaining the property in compliance with all applicable City regulations.

C. In granting an extension pursuant to subsection (B) above, the decision-maker may modify the conditions of approval as deemed necessary to fulfill the purposes of Article XV.

A. Minor Modifications. The Zoning Administrator may approve minor modifications to approved plans or conditions of approval that are substantially consistent with the original findings and conditions of approval and that would not intensify any potentially detrimental effects of the project.

B. Major Modifications. Modifications that the Zoning Administrator determines are not minor require the approval of the original decision-maker. Any person holding a permit granted under Article XV may apply for such modification by following the same procedure required for the initial application for the permit. Such modifications may be to the terms of the permit itself or to conditions of approval.

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

Any permit granted under Article XV may be revoked or modified for cause if any of the conditions or terms of the permit are violated or if any law or regulation is violated. The provisions of this section are not applicable to the termination of nonconforming uses, which are governed by the provisions of Article 15.04.606 (Nonconforming Uses, Structures, and Lots).

A. Initiation of Proceeding. The Zoning Administrator or the City Attorney's Office may initiate revocation proceedings.

B. Public Notice. Notice of Revocation must be provided if the original permit required notice.

C. Required Findings. After a duly-noticed public hearing, a permit may be revoked by the original decision-maker under any one of the following findings:

1. The approval was obtained by means of fraud or misrepresentation of a material fact;

2. The use, building, or structure has been substantially expanded beyond what is set forth in the original permit, thereby causing substantial adverse impacts to the surrounding neighborhood;

3. The use in question has ceased to exist or has been suspended for one year or more; or

4. There is or has been a violation of or failure to observe the terms or conditions of the permit or approval, or the use has been conducted in violation of the provisions of Article XV or any other applicable law or regulation.

D. Notice of Action. A written determination of the revocation must be mailed to the permit holder within five days of determination.

A. Purpose and Applicability. This section establishes the procedures for appeals of any action by the Zoning Administrator, Director, Design Review Board, or Planning Commission in the administration or enforcement of the provisions of this chapter, as long as the decision is not prescribed as final in the individual section that authorizes the decision. Each decision has one appellate body and may be administratively appealed once as described below:

1. Appeals of Zoning Administrator Decisions. Decisions of the Zoning Administrator may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

2. Appeals of Director Decisions. Decisions of the Director may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

3. Appeals of Design Review Board. Decisions of the Design Review Board may be appealed to the Planning Commission by filing a written appeal with the Planning Division.

4. Appeals of the Historic Preservation Commission. Decisions of the Historic Preservation Commission on permits and related approvals may be appealed to the City Council by filing a written appeal with the City Clerk.

5. Appeals of Planning Commission Decisions. Decisions of the Planning Commission on permits and related approvals may be appealed to the City Council only after exhaustion of all other administrative remedies by filing a written appeal with the City Clerk.

B. Rights of Appeal. Appeals may be filed by the applicant, the owner of property, or any other person aggrieved by a decision that is subject to appeal under the provisions of this chapter.

C. Time Limits. Unless otherwise specified in State or Federal law, all appeals must be filed in writing within ten days of the date of the action, decision, motion, or resolution from which the action is taken. In the event an appeal period ends on a Saturday, Sunday, or any other day the City is closed, the appeal period is extended to the close of business on the next consecutive business day.

D. Procedures.

1. Filing. The appeal must be written on the appropriate form provided by the City, identify the decision being appealed, clearly and concisely state the reasons for the appeal, and also state specifically how and where the underlying decision constitutes an abuse of discretion and/or is not supported by substantial evidence in the record. The appeal must be accompanied by the required fee.

2. Proceedings Stayed by Appeal. The timely filing of an appeal shall stay all proceedings in the matter appealed including, but not limited to, the issuance of City building permits and business licenses.

3. Transmission of Record. The Director or, in the case of appeals to the City Council, the City Clerk must schedule the appeal for consideration by the authorized hearing body within 60 days of the date the appeal is filed. The Director must forward the appeal, the notice of action, and all other documents that constitute the record to the hearing body. The Director must also prepare a staff report that responds to the issues raised by the appeal and may include a recommendation for action.

E. Standard of Review. The appellate body will review whether the underlying decision is supported by substantial evidence and/or constitutes an abuse of discretion. The same standards and evaluation criteria, including the findings required, apply as they were for the original application. The appellate body's review is limited to the issue(s) raised in the petition for appeal.

F. Public Notice and Hearing.

1. Notice. Public notice must be provided and the hearing conducted by the applicable appeal body in accordance with Article 15.04.803 (Common Procedures). Notice must be provided in the same manner that was required for the action that is the subject of the appeal. Notice of the hearing must also be given to the applicant, the party filing the appeal, and any other interested person who has filed with the City Clerk a written request for such notice. In the case of an appeal of a Planning Commission, Historic Preservation Commission, or Design Review Board decision, notice of the appeal must also be given to the Planning Commission, Historic Preservation Commission, or Design Review Board respectively. The Planning Commission, Historic Preservation Commission, and Design Review Board may be represented at the hearing.

2. Hearing. At the hearing, the appellate body must review the record of the decision and hear testimony of the appellant, the applicant, and any other interested party.

G. Action. The appellate body may affirm, modify, or reverse the original decision. When a decision is modified or reversed, the appellate body must state the specific reasons for modification or reversal. Decisions on appeals must be rendered within 30 days of the close of the hearing. An action to grant an appeal requires a majority vote of the hearing body members. A tie vote has the effect of rejecting the appeal.

H. Referral Back by City Council. The City Council may choose to refer a matter back to the Planning Commission, the Historic Preservation Commission, or Design Review Board for further consideration and a decision if significant new evidence is presented in conjunction with the appeal, which may include substantial changes to the original proposal.

I. Judicial Action. The appellate body's final decision may be subject to litigation in the Superior Court. Exhaustion of the administrative remedies provided in Article XV, in accordance with Government Code Section 65009 and common law, may be required for the Court to hear the merits of the litigation.

(Ord. No. 30-18 N.S., § I(Exh. A), 12-18-2018; Ord. No. 25-20 N.S., § I(Exh. A), 11-10-2020)

Table 15.04.803.150 summarizes decision-making responsibilities for the various discretionary permits and actions under Article XV and the public notice required for them if applicable.

Table 15.04.803.150: Summary of Decision Making, Public Hearing, and Notice Requirements

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