Richmond Municipal Code Art. 15.04.703 Tentative Maps and Parcel Maps

The purpose of this article is to establish the form, contents, submittal, and procedures for approval of all tentative maps, including tentative maps for divisions of land into five or more parcels and preliminary parcel maps for divisions of land into four or fewer parcels or where a tentative map is not required.

A vesting tentative map may be prepared and filed in place of a tentative map, pursuant to Article 15.04.704.

Prior to the submittal of any map, the subdivider may request a consultation with Department staff for technical advice and procedural instructions. Preliminary sketches of the subdivision may be submitted and discussed. Preliminary sketches must be to scale and in sufficient detail to indicate the essential characteristics of the subdivision, including the number, size, and design of the lots, the location and width of streets; the location of significant reservations of lands or easements; the relation of the subdivision to surrounding properties; and any other details necessary to enable a preliminary review. The Zoning Administrator shall schedule a conference with the subdivider to discuss the preliminary map and make recommendations concerning the submittal of a tentative or vesting tentative map. Such recommendations are not binding on the City or the applicant.

A subdivider shall file an application for a tentative map or preliminary parcel map with the Planning Department in a form determined by the Zoning Administrator. The application shall be accompanied by the materials specified below and any additional materials that the Zoning Administrator determines necessary to fulfill the requirements of this Ordinance and the Subdivision Map Act and the required fee.

A. The tentative map shall be prepared by a by a California-registered civil engineer or California-licensed land surveyor and must contain the following information, unless waived by the Director of Engineering and Capital Improvement Projects:

1. The subdivision name or number, date, north arrow, scale, and reference to the Richmond city datum with a sufficient legal description to define boundaries of the proposed subdivision and a vicinity map showing the location of the subdivision and City boundaries.

2. The name and address of the record owner, the subdivider, and the civil engineer or land surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor.

3. Topography, using contour intervals of one foot or less where ground slope is five percent or less, and contour intervals of five feet or less where ground slope is greater than five percent. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed subdivision. The tentative map must contain a statement by the person preparing the map stating the source of contours shown on the map.

4. The location and outline to scale of each structure on the property proposed for division. Each structure that is to be retained must be so noted.

5. Approximate boundaries of areas subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses.

6. Approximate location of all trees and tree masses, 12 feet or more in height, standing within the boundaries of the subdivision.

7. The locations, widths, grades and names of all existing or proposed streets, alleys, pedestrian ways, bicycle paths, transit facilities, railroad rights-of-way and grade crossing, and other rights-of-way within and adjacent to the subdivision, and the radius of each centerline curve. All streets and alleys intended to be private must be clearly so designated.

8. The location and dimension of all known existing easements and reserves and all proposed public easements.

9. The location of existing utilities, sewers, drainage ditches and other drainage facilities located in, or adjacent to, the proposed subdivision.

10. The approximate lot layout and the approximate dimensions of each lot and of each building site, the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, and the top and toe of cut and fill slopes to scale.

11. Proposed plan and easements for drainage and for handling stormwater.

12. Statement of the present use, zoning district(s), and the proposed use(s), including areas to be reserved for public or semi-public use.

13. Source of water supply and proposed plans and easements for sewerage and provision for sewage disposal.

B. The following information, data and reports shall be submitted with, but not on, the tentative map or tentative parcel map:

1. A grading and drainage plan.

a. The grading plan shall show:

i. Existing and proposed contour lines;

ii. Topographic information on any adjoining properties within 100 feet of the boundary lines of the proposed tentative map; and

iii. The location, size and species of all trees.

b. Tentative maps within a hillside area shall include topographic information based on a field survey or an aerial survey.

2. A preliminary soils report.

3. Preliminary geologic and seismic safety reports for tentative maps that are within geologic or seismic hazard areas or in hillside areas.

4. A preliminary archaeological survey for tentative maps within an area of cultural significance, including but not limited to, prehistoric or historic archaeological sites, buildings, structures, objects, and unique cultural resources.

5. An acoustical analysis may be required by the Zoning Administrator to demonstrate compliance with the standards of the General Plan.

6. The characteristics of all proposed parks, open spaces and school facilities, including the methods of land acquisition, improvement and maintenance.

C. The Zoning Administrator may waive the submittal of any of the reports required by subsection B upon determining that adequate information exists in City records regarding the area involved and that no additional analysis is necessary.

D. The Zoning Administrator may require additional development-related applications be filed concurrently with the submittal of a tentative map application.

E. The Director shall forward copies of the tentative map and pertinent information to affected public agencies, including the local school districts, and utility companies for comments and recommendations.

A. Determination of Complete Application. The Zoning Administrator shall determine whether the application for approval of a tentative map or tentative parcel map is complete within 30 days from receipt of the application. The tentative map shall be accepted for filing only when the Zoning Administrator determines that:

1. All maps and information required by this Ordinance and the Subdivision Map Act have been submitted, checked and accepted as complete;

2. All information required to conduct environmental review in compliance with the California Environmental Quality Act and the City's environmental review regulations has been submitted; and

3. The required fees and deposits have been paid.

B. Department Referral. The Zoning Administrator shall forward copies of the proposed map to all affected public agencies, including the Director of Engineering and Capital Improvement Projects. The affected public agencies may, in turn, forward to the Zoning Administrator their findings and recommendations.

Upon receipt of an application for a tentative map or tentative parcel map that is accepted as complete, the Zoning Administrator shall schedule the proposed map for review and public hearing by the Planning Commission and shall provide notice of the public hearing according to the following requirements:

A. Timing and Contents. At least 10 calendar days before the public hearing, a notice shall be given of the time, date and place of the hearing, including a general explanation of the proposed division of land to be considered and a general description of the area affected, and the street address, if any, of the property involved.

B. Method. Notice shall be given by publication once in a newspaper of general circulation, published and circulated by the City, and by posting in City Hall, and on the City's website, with copies to any interested agencies, organizations, or individuals.

C. Parties. Copies of the notice shall be sent to the following parties:

1. The subdivider.

2. Each owner of property, as shown on the last equalized assessment roll, as owning real property within 300 feet of the subdivision boundaries, and to each resident in the subdivision.

3. Each local agency expected to provide water, sewage, streets, schools, or other essential facilities or services to the subdivision.

4. In the event that the proposed application has been submitted by a person other than the property owner shown on the last equalized assessment roll, the owner of the property as shown on the last equalized assessment roll.

5. Any person who has filed a written request with the Department. The City may impose a reasonable fee on persons requesting notice for the purpose of recovering mailing costs.

A. Factors to be Considered. In making a decision on a proposed tentative map, the Planning Commission shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

B. Approval by the Planning Commission. After the conclusion of the public hearing, the Planning Commission shall approve, conditionally approve, or deny the tentative map or tentative parcel map in accordance with the required findings in Section 15.04.702.090, and within 50 days after the map has been accepted for filing, an Environmental Impact Report (EIR) has been certified, a negative declaration has been adopted, or the City has determined that the project is exempt from the requirements of the California Environmental Quality Act,, whichever is latest.

C. Reporting of Decision. The Planning Commission shall report its action to the subdivider and transmit a copy of the tentative or parcel map and a memorandum setting forth its decision to the Director of Engineering and Capital Improvement Projects.

A. The Planning Commission shall not approve a tentative map or parcel map of any subdivision fronting upon the shoreline when the subdivision does not provide or have available maximum feasible public access by fee or easement from public highways to land below the ordinary high-water mark on any San Francisco Bay and San Pablo Bay shoreline within or at a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated.

B. Maximum feasible public access, as used in subsection A, shall be determined by the Planning Commission in the context of applicable General Plan policies.

C. In making the determination of what shall be maximum feasible public access, the Planning Commission shall consider:

1. That access may be by highway, foot trail, bike trail, or any other means of travel.

2. The size of the subdivision.

3. The type of shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific exploration.

4. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

D. Nothing in this section shall require the Planning Commission to disapprove either a tentative or final map solely on the basis that the public access otherwise required by this section is not provided through or across the subdivisions itself, if the Planning Commission makes a finding that reasonable public access is otherwise available within a reasonable distance from the subdivision and that completion of the San Francisco Bay and San Pablo Bay Trail will not be impeded.

Any such finding shall be set forth on the face of the tentative or final map.

E. The provisions of this section shall not apply to the final map of any subdivision the tentative map of which has been approved by the Planning Commission prior to the effective date of this section.

F. The provisions of this section shall not apply to the final or tentative map of any subdivision which is in compliance with the plan of any planned development or any planned community approved by the Planning Commission or the City Council prior to December 31, 1968. The exclusion provided by this subsection shall be in addition to the exclusion provided by subsection E.

G. Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes that are primarily for the benefit of nonresidents of the subdivision area except to the extent that such access routes are required for public access to the shoreline or for completion of the San Francisco Bay and San Pablo Bay Trail.

H. Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. Such conveyance or transfer shall be recorded by the recipient state or local agency in the Contra Costa County Clerk-Recorder's Office, County Recorder Division.

The Zoning Administrator shall approve, approve with modifications, or deny a tentative map application with the required findings in Section 15.04.702.090, within 50 days after the map has been accepted for filing, or the Environmental Impact Report (EIR) has been certified, a negative declaration has been adopted, or the City has determined that the project is exempt from the requirements of the California Environmental Quality Act, whichever is latest. The Zoning Administrator may modify or delete any of the conditions of approval recommended by the affected public agencies, except conditions required by the Richmond Municipal Code, other City Ordinances, or Standard Specifications approved by the City Council.

A. Expiration. The approval or conditional approval of a tentative map or tentative parcel map shall be valid for 24 months from the date of its approval within which time the final map may be presented to the City Council for acceptance and recordation unless an extension is granted as provided in this section or is allowed pursuant to the Subdivision Map Act.

B. Effect of Expiration. The expiration of the approved or conditionally approved tentative map or tentative parcel map shall terminate all proceedings and no final map of all or any portion of the real property included within the map shall be filed without first processing a new tentative map. Approval, processing and recording of the tentative map may occur after the expiration date if the signed final map and Improvement Agreement (if required) are submitted to the Director of Engineering and Capital Improvement Projects Director prior to the expiration date.

C. Extensions.

1. Request for Extension. Prior to the expiration of the tentative map or tentative parcel map, the subdivider may request in writing to the Zoning Administrator an extension of the map's expiration date. The map shall automatically be extended for 60 days or until the application for extension is approved, conditionally approved, or denied, whichever occurs first.

2. Zoning Administrator Action. The Zoning Administrator shall review the request for extension and shall approve, conditionally approve, or deny the request within 30 days of the request. The Zoning Administrator may extend the expiration date pursuant to this section for a period(s) of time not to exceed the requirements of the Subdivision Map Act.