Richmond Municipal Code Art. 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).