Richmond Municipal Code Art. 15.04.702 Administration and Common Procedures

A. City Attorney. The City Attorney shall be responsible for approving as to form all subdivision Improvement Agreements and improvement securities.

B. City Council. The City Council shall have final jurisdiction in the approval of final maps and subdivision improvement agreements and the acceptance by the City of lands and/or improvements as may be proposed for dedication to the City for Major Subdivisions. The City Council shall act as the final appeal board for hearing appeals of the approval, conditional approval or denial of tentative subdivision maps for Major and Minor Subdivisions.

C. Director of Engineering and Capital Improvement Projects. The Director of Engineering and Capital Improvement Projects shall be responsible for:

1. Establishing design and construction details, standards, and specifications;

2. Determining if proposed subdivision improvements comply with the provisions of this Ordinance and the Subdivision Map Act and for reporting the findings together with any recommendations for approval or conditional approval of the tentative map for Major Subdivisions and Minor Subdivisions to the Zoning Administrator.

3. Processing of final maps, reversion to acreage maps, and amended maps;

4. Processing and approval of subdivision improvement plans;

5. Examining and determining that final maps are in substantial conformance with the approved tentative map.

6. Inspecting and approving subdivision improvements.

7. Accepting dedications and improvements for Minor Subdivisions and offsite dedications lying outside a subdivision boundary that require a separate grant deed.

8. Recording a notice of completion of private subdivision improvements when not to be maintained by the City.

9. Collecting all required deposits and fees.

D. Zoning Administrator. The Zoning Administrator shall be responsible for the processing of tentative maps and parcel maps, lot line adjustments, mergers, and certificates of compliance; and for the collection of application fees. The Zoning Administrator shall also be responsible for investigating proposed subdivisions for conformity to the General Plan, specific plans, and the Zoning Ordinance of the City.

E. Planning Commission. The Planning Commission shall be the body responsible for approving, conditionally approving, or denying tentative maps for Major Subdivisions and appeals of Parcel Maps.

F. Zoning Administrator. The Zoning Administrator shall be responsible for the approval, conditional approval or denial of Parcel Maps.

Subdivision review may be carried out concurrently with the review of any applications for zoning approval.

Notification for public hearings shall be provided according to the provisions for notification of public hearings in the Zoning Ordinance.

Following a public hearing, the Planning Commission may authorize exceptions to any of the requirements and regulations set forth in this Ordinance. A request for an exception shall be made by the subdivider and filed with the application for a tentative or parcel map. In order to approve an exception, the Commission shall make all of the following findings:

A. There are special circumstances or conditions affecting the property that make it impractical to conform to all of the provisions prescribed by this Ordinance provided, however, that no exceptions may be granted to any requirements imposed by the Subdivision Map Act or any other applicable provision of State law;

B. The exception is necessary to preserve the subdivider's substantial property rights;

C. Granting the exception will not be detrimental to the public welfare or other property in the area where the subject property is located;

D. Granting the exception will be consistent with the General Plan and any applicable specific plan.

Decisions that are subject to appeal under the Subdivision Map Act or the Subdivision Ordinance shall be filed and processed in accordance with to the procedures for appeals provided in the Zoning Ordinance (see Section 15.04.803.130) and the procedures provided below.

A. Appeals to the Planning Commission. A decision by the Zoning Administrator, the Director, or the Public Works Director may be appealed to the Planning Commission within 10 days of the issuance of the Notice of Action by filing a written appeal with the Planning Department. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the City's Master Fee Schedule.

B. Appeals to the City Council. A decision by the Planning Commission may be appealed to the City Council within 10 days of the issuance of the Notice of Action by filing a written appeal with the City Clerk. The appeal shall identify the decision being appealed, clearly and concisely state the reason for the appeal, and be accompanied by the fee specified in the City's adopted Master Fee Schedule.

C. Procedures. The Director or the City Clerk, in the case of appeals to the City Council, shall schedule the appeal for consideration by the authorized hearing body within 30 days of the date the appeal was filed and shall provide written notice to the appellant, the subdivider, and all other parties known to have interest in the matter as required by the Zoning Ordinance and the Subdivision Map Act. The hearing body may sustain, modify, or reject the decision that is the subject of the appeal.

D. Appeal Stays All Proceedings. The timely filing of an appeal shall stay all proceedings in the matter appealed.

All persons submitting maps and other documents required by the Subdivision Ordinance shall pay all fees and/or deposits as provided by the City's Master Fee Schedule.

Fees shall be established by the City pursuant to Section 66451.2 of the Subdivision Map Act and the Mitigation Fee Act (Sections 66000 to 66025 of the Government Code).

A. Initial Application. Prior to or accompanying the submittal of a preliminary plan, the subdivider must complete an application on a form supplied by the Planning Division. This form must officially identify the subdivider as that person or entity responsible for the requirements set forth in the Subdivision Ordinance.

B. Preliminary Plan and Accompanying Data. Prior to a Subdivision Conference, if requested (see subsection (C) below), the subdivider or the subdivider's representative must submit to the Planning Division a preliminary plan of the proposed subdivision, which may be in rough sketch form, together with general information of existing conditions of the site and the proposed development, including the following information:

1. Intended Land Use, such as residential, industrial or other purposes;

2. Location Map showing the relationship of the proposed subdivision to existing community facilities and other developments that serve or influence it;

3. Sketch Plan, which may be a freehand pencil sketch made directly on a print of a topographic survey, and must delineate in simple form the proposed layout of streets, lots and other features in relationship to existing conditions;

4. Map Details including the development name, if any, and location; main traffic arteries; proposed bicycle and pedestrian circulation and accommodation of transit; shopping centers; schools; parks and playgrounds; other community features such as carports, hospitals and churches, unusual features of terrain such as rock outcrops, tree masses, and watercourses on and adjacent to the proposed subdivision; scale; north arrow; date; perimeter boundary line of proposed subdivision; existing public utility facilities and easements therefor; sanitary sewer facilities and railroads, if any; and

5. Photographs, such as site photographs to supplement the sketch plan (not mandatory).

C. Optional Subdivision Conference. After the submittal of the preliminary plan and accompanying data, and prior to the submittal of a tentative map or tentative parcel map, the subdivider or his or her representative may request a Subdivision Conference. At the Subdivision Conference, the subdivider will be advised if areas for park, playground, schools, fire stations, libraries, bicycle paths, transit facilities, and other public and semipublic uses are required, and suitable locations may be suggested for them. Measures that will help produce excellence of design will also be suggested to the subdivider or the subdivider's representatives. The subdivider or the subdivider's representatives will be fully informed of applicable General Plan and specific plan policies and any other adopted policies, standards and regulations affecting development in the area.

D. Written Copy of Comments and Recommendations Provided. A written copy of the comments and recommendations resulting from the Subdivision Conference shall be furnished to the subdivider.

The provisions for when tentative maps, tentative parcel maps, final maps, and parcel maps are required are as follows:

A. A tentative map and final map are required for all divisions of land creating five or more parcels, five or more condominiums as defined by the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where any one of the following occurs:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications are required by the legislative body;

2. Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway;

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.

B. A tentative parcel map and parcel map are required for all divisions of land into four or fewer parcels, and for those divisions of land described above in paragraphs (A)(1)-(4).

C. A tentative parcel map or parcel map shall not be required for the following divisions of land:

1. Subdivisions of a portion of the operating right-of-way of a railroad corporation, defined by Section 230 of the Public Utilities Code, which are created by short-term leases terminable by either party on not more than 30 days' notice in writing; or

2. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license.

D. 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.

A. Applicability. In the following cases, the subdivider or his or her representative may submit an "application for waiver of parcel map" to the Zoning Administrator:

1. A division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees; or

2. A division of property resulting from the conveyance of land, or interest therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

B. Procedure. This waiver shall only be granted by the Zoning Administrator upon a finding that the proposed division of land complies with the requirements of this Ordinance or the Subdivision Map Act as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Subdivision Ordinance, and upon a finding that the Subdivision Map Act does not prohibit such a waiver.

C. Tentative Parcel Map Required. Where the requirement for a parcel map is waived, a tentative parcel map shall be required.

A tentative or vesting tentative map or parcel map may not be approved unless the decision-making body makes all of the following findings:

A. Consistency. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, any applicable specific plan, the Zoning Ordinance, and other applicable provisions of the City's Municipal Code.

B. Physically Suitable. The site is physically suitable for the type of development and the proposed density of the development.

C. No Environmental Damage. The proposed subdivision, together with the provisions for its design and improvement, are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, unless an Environmental Impact Report (EIR) was prepared and a finding was made that specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible, pursuant to Section 21081(a)(3) of the Public Resources Code.

D. Public Health Problems. The proposed subdivision, together with the provisions for its design and improvement, is not likely to cause serious public health problems.

E. No Conflict with Easements. The proposed subdivision, together with the provisions for its design and improvement, will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The City may approve a map if it finds that alternate easements for access or for use will be provided and that these easements will be substantially equivalent to ones previously acquired by the public.

F. Availability of Water. Water will be available and sufficient to serve a proposed subdivision with more than 500 dwelling units in accordance with Section 66473.7 of the Subdivision Map Act.