Article 15.04.704 — VESTING TENTATIVE MAPS

The purpose of this article is to establish the form, contents, submittal requirements, and approval process for vesting tentative maps pursuant to the authority granted by Chapter 4.5 of the Subdivision Map Act.

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. If a subdivider does not choose to seek the rights conferred by this Ordinance, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports, and shall be processed in the same manner as a tentative map, except as hereinafter provided:

A.

Title. At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "Vesting Tentative Map."

B.

Required Information. The following information shall be submitted at the time a vesting tentative map is filed:

1.

Consistency with Zoning. A statement that the vesting tentative map shows a subdivision whose development is consistent with the Zoning Ordinance, or that an application has been filed for rezoning or prezoning the land that will be processed prior to, or concurrently with, the vesting tentative map.

2.

Tentative Utility and Improvement Plan. A tentative utility and improvement plan indicating the location of all public utilities and facilities including, but not limited to, facilities for water, sewer, electric, gas, cable TV, internet, streets, storm drains, and street lighting to be installed to serve the subdivision and any facilities that currently exist within the boundary of the subdivision.

3.

Building Information. The height, size, location, architectural plans, and use of all buildings to be constructed within the subdivision.

4.

Grading Plans. Proposed grading plans based on field surveys.

5.

Approval Letters. Required approval letters from other agencies where applicable.

6.

Landscaping Plans. Landscaping plans proposed for the subdivision.

7.

Other Studies. Any other studies required because of the peculiarities of the subdivision and as required by the City.

The subdivider shall pay all required fees and/or deposits for checking and processing maps, plans, and reports, as set forth in the Master Fee Schedule established by the City. The amount of all other fees required for the subdivision may be determined at the time an application for the building permit is made.

A.

Vested Rights. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Government Code Section 66474.2. However, if Section 66474.2 of the Government Code is repealed, the approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

B.

Condition or Denial. Notwithstanding subsection (A), a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2.

The condition or denial is required in order to comply with state or federal law.

C.

Expiration of Rights. Vested rights allowed under this section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:

1.

Initially. An initial period of one year after recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial period shall begin for each phase when the final map for that phase is recorded.

2.

Automatic Extension. The initial time period set forth in subsection (C)(1) shall be automatically extended for any time used to process a complete application for a grading permit or for design review, if such processing exceeds 30 days from the date a complete application is filed.

3.

Requested Extension. A subdivider may apply for a one-year extension at any time before the expiration of the initial time period set forth in subsection (C)(1). The request for extension shall be submitted in writing to the Planning Commission. The Commission's decision may be appealed to the City Council within 10 days. If the subdivider submits a complete application for a building permit during this time, the rights referred to herein shall continue until the expiration of that permit.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same extensions, as a tentative map.

Amendments to vesting tentative maps may be made in accordance with Section 15.04.705.050 (Correction and Amendment of Maps).

ARTICLE 15.04.705 - FINAL MAPS FOR MAJOR SUBDIVISIONS

The form, contents, accompanying data and filing of the final map shall be governed by the provisions of this article.

The final map shall be prepared by, or under the direction of, a registered civil engineer or licensed land surveyor and shall be based upon a survey.

A.

Size and Material. The final map shall be in digital form (in a CAD file format approved by the City) or legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

The sheet size shall be as specified by the Zoning Administrator; each sheet shall be numbered and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

All printing or lettering on the final map shall be of one-eighth-inch minimum height and of such shape and weight as to be readily legible on reproductions and reductions made from the original map.

B.

Title of Map. The title of each final map shall consist of a subdivision number as secured from the county Planning Division conspicuously placed at the top of the sheet, followed by the words "in the City of Richmond," or "partly in the City of Richmond," or "partly in the City of Richmond and partly in the City of …" as the case may be. If three or more sheets are used, a key diagram shall be included on the title sheet, showing what part of the map appears on each sheet. The height of lettering of the subdivision number shall be not less than one-half inch. If the subdivision is also given a name, it shall have smaller lettering than the subdivision number and shall appear below the subdivision number. The title of the map shall appear on each sheet of the map.

C.

Description. Below the title shall appear a subtitle consisting of a description of all the property to be subdivided by reference to such map or maps of the property to be subdivided as shall have been last previously recorded or filed in the Contra Costa County Clerk-Recorder's Office, County Recorder Division. Each reference to a recorded map shall be spelled out and worded identically with said recorded map and must show the book and page of the county records where the map is filed.

D.

Vicinity Map. A small vicinity map shall appear on the title sheet showing the location of the subdivision in relation to major arteries and landmarks.

E.

Name of Surveyor and Date of Survey. On the title sheet, below the title and subtitle shall appear the name of the registered civil engineer or licensed land surveyor and the date of the survey.

F.

Certificates and Acknowledgments. The following certificates and acknowledgments shall appear on the title sheet of the final map:

1.

Owner's Certificate. A certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, as required by Section 66436 of the Subdivision Map Act. Dedications of or offers to dedicate interests in real property for specified public purposes shall be made in this certificate. An offer to dedicate real property for street or public utility easement purposes shall only be deemed to include any public utility facilities located on or under such real property if and only to the extent that an intent to dedicate such facilities is expressly stated in the certificate.

2.

City Clerk's Certificate. A certificate for execution by the city clerk stating that the City Council approved the map and accepted, subject to improvement, or rejected, on behalf of the public, any real property offered for dedication for public use.

3.

Engineer's Certificate. A certificate by the engineer or surveyor responsible for the survey and final map giving the date of the survey, stating that the survey and final map were made by him/her or under his/her direction, and that the survey is true and complete as shown. The certificate shall also state that the monuments that have not already been set will be set in the positions indicated on or before a specified later date, and that they will be sufficient to enable the survey to be retraced. The certificate shall also state that the map is based on the California Plane Coordinate System, Zone 3, and shall indicate the area of the subdivision in acres. The certificate shall be signed and sealed by the registered civil engineer or licensed land surveyor.

4.

Director of Engineering and Capital Improvement Projects' Certificate. A certificate by the Director of Engineering and Capital Improvement Projects stating that he/she has examined the map, the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, all provisions of state laws and local ordinances applicable at the time of approval of the tentative map have been complied with, and he/she is satisfied that the map is technically correct.

5.

Soils Report Statement. A statement giving the date of the soils report and the name and registration number of the engineer making the report. This statement is only necessary if a soils report was prepared.

6.

Planning Director's Certificate. A certificate by the Director stating that the Planning Commission or the City Council after an appeal, has approved the tentative map upon which the final map was based;

7.

County Recorder's Certificate. A certificate by the County Recorder stating that the map is accepted for recordation, the company issuing the title report and the date of the report, that the map complies with state laws and local ordinances, and the recording data of the map.

G.

Other Certificates. The Director of Engineering and Capital Improvement Projects may require additional certificates and acknowledgments to appear on the title sheet of the final map when appropriate. For example:

1.

If the subdivision lies partly in another jurisdiction, a certificate by the clerk of the legislative body approving the map and a certificate by the engineer of the jurisdiction shall be required.

2.

If the subdivision does not lie entirely within the Richmond Municipal Sanitary District No. 1, a certificate of the appropriate sanitary district shall be required.

H.

Form of Map. The final map shall show all survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and radii, central angle and arc length for all curves, and such information as may be necessary to determine the location of the center of curves and ties to existing monuments used to establish the subdivision boundaries. The final map shall also conform to the following conditions:

1.

Scale. The scale of the map shall be 20 feet, 30 feet, 40 feet or 50 feet to one inch, or as approved by the Director of Engineering and Capital Improvement Projects. The scale shall appear on each map sheet.

2.

North Point, Basis of Bearing, and Sheet Numbers. The north point, basis of bearing, the number of the sheet and the total number of sheets shall appear on each map sheet. The number of the sheet and the total number of sheets shall also appear on the title sheet. The basis of bearing shall be the California Plane Coordinate System, Zone 3. Each north point shall indicate the equation of grid north to true north at an indicated point within the subdivision.

3.

Boundary Line. The boundary of the subdivision shall be designated, and all lines shown on the map that do not constitute a part of the subdivision itself shall be clearly distinguishable from those lines that are part of the subdivision, and any area enclosed by such lines shall be labeled "not a part of this subdivision."

4.

Adjoining Subdivisions and Owners. All adjoining subdivisions shall be identified by the subdivision number or name if no number has been assigned, and reference shall be made to the book and page of the final map thereof. If no subdivision is adjacent, then the name of the last recorded owner and the book and page of the recorded deed shall be indicated.

5.

Linear, Angular, and Radial Data. All dimensions shall be given in feet and hundredths of a foot. Sufficient data shall be shown to determine the bearings and lengths of the boundary lines of the subdivision and every lot, parcel, roadway and easement within the subdivision. Radial bearings shall be given for all non-tangent curves and at all points of compound curvature and reverse curvature. Radial bearings shall also be given on curves where lot lines, easement lines, etc., intersect. Arc lengths and central angles shall be given for all portions of curves shown in addition to total radius, arc length and central angle for all curves.

6.

Lot and Block Numbering. All lots shall be numbered consecutively, without omission or duplications, throughout each block, starting with the number "1." If blocks are not numbered, the lots shall be numbered consecutively without omissions or duplications, throughout the entire subdivision, starting with the number "1." Parcels offered for dedication other than for streets or easements shall be designated by letters. If blocks are to be numbered, they shall be numbered consecutively, without omissions or duplications, throughout the entire subdivision, starting with the number "1." All lots and blocks shall be shown in their entirety on one sheet wherever possible.

7.

Streets and Easements. The name, if any, and the total width of all streets, alleys, pedestrian ways, equestrian and hiking trails and bikeways shall be shown, in addition to the width on each side of any monument line. The width of all easements and other rights-of-way shall be shown where practical. If irregular configurations occur, the bearings and lengths of all sides shall be indicated. Each easement shall be clearly labeled

and identified as to its nature and purpose. The recording data of any existing easement shall be given. Easements shall be denoted by fine dashed lines.

8.

Access Limits. All limitations on rights of access to and from streets and lots and other parcels of land shall be clearly designated.

9.

Adjoining Streets and Easements. The location, width and name of any street, and the location and width of any alley, pedestrian way, equestrian or hiking trail, bicycle path, railroad right-of-way or other right-of-way adjacent to the subdivision shall be shown.

10.

City Boundary. City boundaries that cross or adjoin the subdivision shall be clearly designated and located in relation to adjacent lot or block lines.

11.

Existing Monuments. Any stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision shall be fully and clearly shown. Any stakes or monuments found tagged shall be indicated on the map with the number of the registered civil engineer or licensed land surveyor.

12.

New Monuments. The location of monuments set and to be set shall be shown. California Plane Coordinates shall be indicated for all boundary monuments and street line monuments.

13.

Inundation. The high-water line of any stream, channel or other body of water in or adjacent to the subdivision shall be shown.

The final map shall be accompanied by the following:

A.

Survey Field Notes. All exterior boundary monuments shall be set prior to recordation of the final map unless extensive grading operations or improvement work makes it impractical to set such monuments. In the event any or all of the exterior boundary monuments are to be set after recordation of the final map, the engineer or surveyor making the survey shall compile field notes showing the boundary survey and the reference of the proposed monuments to a sufficient number of adjacent reference points to enable each boundary monument to be accurately set at a later date.

B.

Traverse and Calculations. A traverse of the exterior boundary of the subdivision shall be computed from field measurements of the ground. Computer calculations must be made for all lots, blocks, streets, monument lines and easements.

C.

California Coordinate System Ties. Field notes and calculations shall be made showing ties to the California Plane Coordinate System, Zone 3.

D.

Improvement Plans and Specifications. Complete plans, profiles, cross-sections and specifications shall be prepared and applicable permits shall be obtained for the construction and installation of improvements. However, such improvement plans and specifications for final maps on projects devoted exclusively to condominium or cooperative association ownership may, at the discretion of the Director of Engineering and Capital Improvement Projects, be temporarily waived so long as they are provided for in the improvement agreement. A grading permit and a watercourse permit may be required in conjunction with the improvement plans. However, on projects devoted exclusively to condominium or cooperative association ownership, where such improvement plans and specifications have been temporarily waived, approval of such permits may, at the discretion of the Director of Engineering and Capital Improvement Projects, be withheld until such time as said improvement plans and specification have been approved by the Director of Engineering and Capital Improvement Projects.

E.

Development Plan. If the building of dwelling units for sale or lease is a part of the subdivision operation, a development plan shall be submitted, in accordance with Article 15.04.707.

F.

Maintenance of Private Improvements. Documents relating to the maintenance of private improvements in the subdivision shall be prepared in the form in which they will be recorded after approval of the Director of Engineering and Capital Improvement Projects.

G.

Improvement Security. Improvement security shall be obtained as required by this Ordinance.

H.

Improvement Agreement. An agreement guaranteeing construction of improvements shall be entered into as required by this Ordinance.

I.

Final Map Checking Fee. The required fee shall accompany the final map when it is submitted for checking.

J.

Miscellaneous Data. Any other data as required by the Director of Engineering and Capital Improvement Projects or as a condition of approval of the tentative map shall be submitted.

A.

Sequential Filing. The subdivider must have the approval of the Planning Commission to file a final map with the City Council that covers only a portion of the subdivision shown on the approved or conditionally approved tentative map. The subdivider must also have the approval of the Planning Commission to file with the City Council a final map in a different sequence or with a different boundary than that shown on the approved or conditionally approved tentative map.

If the Planning Commission finds that the portion of the subdivision proposed for filing does not conform to the previously approved or conditionally approved tentative map, then the Planning Commission may recommend to the City Council that it disapprove the final map.

B.

Preliminary Submittal to Director of Engineering and Capital Improvement Projects. The subdivider or his representative shall submit two sets of prints of the final map, two copies of the accompanying data required, and the final map checking fee to the Director of Engineering and Capital Improvement Projects for checking.

C.

Action by Director of Engineering and Capital Improvement Projects. The Director of Engineering and Capital Improvement Projects shall check the final map and accompanying data for correctness of surveying data, conformity with the improvement plans and specifications, conformity with the approved or conditionally approved tentative map and all amendments, conditions, modifications, and provisions made or required by the city, and compliance with the requirements of this Ordinance.

After completing the check, the Director of Engineering and Capital Improvement Projects shall return one set of the final map prints and data with the required corrections noted thereon. The maps and data shall be corrected and resubmitted to the Director of Engineering and Capital Improvement Projects. The checking, correcting and resubmitting shall continue until the Director of Engineering and Capital Improvement Projects returns an approved set to the subdivider or his/her representative.

D.

Final Submittal to Director of Engineering and Capital Improvement Projects. The subdivider shall cause all certificates to be executed, and acknowledged where appropriate, except those to be executed by the city clerk, the Director of Engineering and Capital Improvement Projects, the county clerk, and the county recorder. The subdivider shall then submit the original final map and six copies, the required electronic file in digital format, as specified by the City, and one transparency of the map to the Director of Engineering and Capital Improvement Projects, along with three copies of the accompanying data.

If the final map and the accompanying data are found to be correct, the Director of Engineering and Capital Improvement Projects shall execute the Director of Engineering and Capital Improvement Projects' certificate within 20 days from the time the final map is submitted to him or her, and shall file the map and accompanying material with the City Clerk for action by the City Council.

E.

Council Actions on the Final Map.

1.

Time for Action. The City Council shall within a period of ten days after the filing of the final map for approval or at its next regular meeting after the meeting at which it receives the map, whichever is later, approve the map if it conforms to all the requirements of the Subdivision Map Act and this Ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder or, if it does not so conform, disapprove the map, provided, that said requirements for approval shall be waived when the failure of the final map to conform to said requirements is the result of a technical and inadvertent error which, in the determination of the City Council, does not materially affect the validity of the final map.

2.

Map Deemed Approved. If the City Council does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all said requirements and rulings, it shall be deemed approved, and the city clerk shall certify its approval thereon.

3.

Public Improvements. If, at the time of approval of the final map by the City Council, any public improvements required by the City pursuant to the provisions of the Subdivision Map Act or this Ordinance have not been completed and accepted in accordance with standards established in this Ordinance applicable at the time of the approval or conditional approval of the tentative map, the City Council, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the city:

a.

An agreement with the City upon mutually agreeable terms to thereafter complete such improvements at the subdivider's expense;

b.

An agreement with the City to thereafter:

i.

Initiate and consummate proceedings under an appropriate special assessment act for the financing and completion of all such improvements; or

ii.

If not completed under such special assessment act, to complete such improvements at the subdivider's expense.

4.

Dedications. At the time the City Council approves a final map, it shall also accept, accept subject to improvement, or reject any offer of dedication of real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. The City Clerk shall certify on the map the action by the City Council. Any rejected offers of dedication shall remain open in accordance with the terms of Section 66477.2 of the Subdivision Map Act or shall be terminated or abandoned in accordance with the terms of Section 66477.2 of the Subdivision Map Act.

F.

Recordation. After the approval by the City of a final map of a subdivision, the City Clerk shall transmit the map to the Clerk of the County Board of Supervisors for ultimate transmittal to the County Recorder, and the subdivider or his representative shall contact the County Clerk and the County Recorder to determine the documents necessary to record the final map.

After a final map is filed in the office of the County Recorder, such final map may be corrected or amended as provided in the Subdivision Map Act.

ARTICLE 15.04.706 - PARCEL MAPS

This article establishes procedures for final submission of parcel maps. Unless otherwise specified below, the form and content of parcel maps shall be as specified in Article 15.04.703.

A.

Review by Zoning Administrator. The Zoning Administrator shall check the parcel map and accompanying data for correctness of surveying data, conformity with the improvement plans and specifications, conformity with the approved or conditionally approved tentative parcel map, and all amendments, conditions, modifications and provisions made or required by the City, and compliance with the requirements of this Ordinance. After completing the check, the Zoning Administrator shall return one set of the parcel map prints and data with the required corrections noted thereon. The maps and data then shall be corrected and resubmitted to the Zoning Administrator for approval.

B.

Final Submittal. The subdivider shall cause all certificates to be executed, and acknowledged where appropriate, except those to be executed by the Director of Engineering and Capital Improvement Projects and the County Recorder. The subdivider shall then submit paper and electronic copies of the map to the Zoning Administrator, along with three copies of the accompanying data. If the parcel map is found to be correct, the Director of Engineering and Capital Improvement Projects shall execute the Director of Engineering and Capital Improvement Projects' certificate within 20 days from the time the parcel map is submitted to him. The execution of the Director of Engineering and Capital Improvement Projects' certificate shall constitute approval of the parcel map.

C.

Recordation. After the approval by the City of a parcel map, the City Clerk shall transmit the map to the Clerk of the Contra Costa County Board of Supervisors for ultimate transmittal to the County Recorder, and the subdivider or his/her representative shall contact the County Clerk and the County Recorder to determine the documents necessary to record the parcel map.