According to the former chair of the Design Review Board, the attorney for Guardian Commercial Real Estate, L.P., the developer of the proposed Marina Point, the City missed the Housing Accountability Act 30-day deadline to inform the applicant of all the non-compliant issues the City may have regarding the General Plan and Zoning and also missed the deadlines imposed by the Permit Streamlining Act.

What this means, if true, is that the project is “deemed approved” as submitted and the City cannot deny it or require design modifications. I have asked City staff to comment but have received no response. I hope the information about the “deemed approval” proves to be just a developer’s dream.

See Marina Point Proposal is Richmond Riviera All Over Again - Except Worse, October 21, 2023, and New Waterfront Development Proposed for Richmond’s Marina Bay, Grandview Independent, November 7, 2023.

Figure 1 - Proposed Marina Point Project

Housing Accountability Act

Completeness Determination of Development Application Government Code section 65943 states that local governments have 30 days after an application for a housing development project is submitted to inform the applicant whether or not the application is complete.

If the local government does not inform the applicant of any deficiencies within that 30-day period, the application will be "deemed complete", even if it is deficient. If the application is determined to be incomplete, the local government shall provide the applicant with an exhaustive list of items that were not complete pursuant to the local government’s submittal requirement checklist. Information not included in the initial list of deficiencies in the application cannot be requested in subsequent reviews of the application. Key Provisions of the Housing Accountability Act Housing Accountability Act Technical Assistance Advisory 9 A development applicant who submitted a preliminary application has 90 days to complete the application after receiving notice that the application is incomplete, or the preliminary application will expire. Each time an applicant resubmits new information, a local government has 30 calendar days to review the submittal materials and to identify deficiencies in the application.

Please note, Government Code section 65943 is triggered by an application submitted with all of the requirements on lists compiled by the local government and available when the application was submitted that specifies in detail the information that will be required from any applicant for a development project pursuant to Government Code section 65940. This is not the “preliminary application” referenced in Government Code section 65941.1.

Permit Streamlining Act

The Permit Streamlining Act, California Government Code § 65920 et seq, was enacted in 1977 in order to expedite the processing of permits for development projects by imposing time limits within which state and local government agencies must either approve or disapprove permits.

There are multiple issues with the Marina Point design that could be cited to deny the approval or substantially modify the design. A few include:

• The proposed low-density design is proposed for a site is designated “High Intensity Mixed Use (Major Activity Center” in the Richmond General Plan 2030, because of its proximity to the Richmond Ferry Terminal, the Bay Trail, the Rosie the Riveter Visitor Center, the waterfront and the Craneway as well as freeway access. It was designated as a “Change Area” envisioning “High Intensity Mixed Use (Major Activity Center) to promote a mix of high-density residential, commercial, retail, office and entertainment uses.
• Tye Transit Oriented Community Policy from MTC (Resolution 4530)  adopted September 2022, sets minimum densities within a half mile of transit stops, including ferry terminals.. MTC has a Transit-Oriented Communities Policy Exploratory Map which shows all transit stops in the region. The map is accessed here: https://experience.arcgis.com/experience/01311260043f4bd689907c9df577bfff
• The currently proposed Marina Point Project has only a 50-foot setback from mean high tide, placing private residential properties only about 15 feet away from the existing concrete Bay Trail esplanade. The project fails to comply with section F. Allowable Structures of the City’s attached Shoreline Overlay District ordinance stating, "No non-water-related structures are permitted outright within the 100-foot tidal buffer”. This setback from the shoreline and Bay Trail is needed to provide public access with amenities such as benches and interpretive signs as required by the City and the Bay Conservation and Development Commission.
• It appears that the applicant for the Marina Point Project may be unaware of the site's history and land use designation in the General Plan, as well as the Shoreline Overlay District ordinance. In addition to Section F Allowable Structures, Section D Site Planning and Structure Design of the ordinance contains important provisions pertinent to the project, e.g. Section D.2.c. stating : “To the maximum extent feasible, buildings shall be clustered to allow bay views from streets, trails, pathways …..”. In addition to "all land within 100 feet of the San Francisco Bay …. shoreline”, the overlay district applies to: “…. a public access zone, which extends from the ordinary high-water mark on the shoreline to the nearest public highway or arterial street in order to ensure that public access to the shoreline is provided and the San Francisco Bay Trail is completed”. The applicant also appears to be unaware of plans by Trust for Public Land to complete the Richmond Wellness Trail along the Marina Way South frontage of the project. TRAC recommends consultation with TPL to incorporate the RWT Long Term design into the project providing: “Enhanced physical separation of bike lanes on Marina Way with addition of raised or mountable curbs, which can be designed with planting areas and intermittent curb cut inlets and openings to absorb stormwater and convey horizontal runoff to existing drainage.”