Chapter 18.05 — APPROVAL AUTHORITY, HEARINGS, AND APPEALS

This section establishes the formal approval authorities and responsibilities applied to the various subdivision map types and miscellaneous land organization applications.

A. Director - The Director refers to the Director of the community development department or their designee. When the Director is given final map approval authority, the following provisions shall apply:

1. The Director shall notify the city council at its next regular meeting after the official received the final map application that the Director is reviewing the map for final approval.

2. The city clerk shall provide written notice of any pending approval or disapproval by the Director, which notice shall be attached and posted with the city council's regular agenda and shall be mailed to interested parties who requested notice.

3. The Director shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in subsection 2, above.

4. The Director's action may be appealed to the city council.

5. The city council shall periodically review the delegation of authority to the Director.

B. Map Advisory Committee - Table 18.05 below outlines the specific approval authorities and responsibilities of the map advisory committee.

C. Planning Commission - The various functions of the planning commission are formally established by Chapter 2.52 of the Chico Municipal Code. For the purposes of this subdivision ordinance, table 18.05 below outlines the specific approval authorities and responsibilities of the planning commission.

D. City Council - The various functions of the city council are formally established by Chapter 2.08 of the Chico Municipal Code. For the purposes of these regulations, table 18.05 outlines the approval authorities and responsibilities of the city council.

(Ord. 2591 (part))

The approval authority shall consider an application, the accompanying drawings, statements and other data, the reports and recommendations received, and shall approve, conditionally approve or disapprove the application in compliance with the Subdivision Map Act and the Permit Streamlining Act and report its action to the applicant in writing.

A. The advisory agency shall consider the tentative map, vesting tentative map, parcel map, final map, minor land division, lot line adjustment or merger, the accompanying drawings, statements and other data, the reports and within 30 days of the filing thereof, the advisory agency shall consider the recommendations received, and shall approve, conditionally approve or disapprove the application and report its action to the applicant.

B. The approval authority shall base its action on the conformity of the application, the accompanying drawings, statements and other data, and reports with all requirements of this title and on the design of the proposed subdivision or plat maps, lot line adjustments, and lot merger applications.

C. If the application is approved or conditionally approved:

1. Such approval or conditional approval shall not be effective until the expiration of the ten (10) day appeal period, as specified in this title;

2. The written report to the applicant shall contain a complete statement of the conditions of approval and include the findings required by Chapter 18.08.

D. If the application is disapproved1 the written report to the applicant shall contain a statement of reasons for such disapproval supporting by the findings required by Chapter 18.08.

E. The approval or conditional approval of the application shall not constitute an approval of any exception or deviation from any zoning regulation of the city nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law.

F. Termination of proceedings. Failure to complete a final map, parcel map, lot merger, lot line adjustment, minor land division, or appeal of any decision within thirty-six (36) months of the date of approval or conditional approval of an application or within any extended period of time granted by the approval authority shall terminate all proceedings, and a new application shall be required in accordance with this title.

G. Approval authorities shall be as shown in Table 18.05, below. However, the director may, at their sole discretion, refer to the map advisory committee or planning commission any item on which the director is entitled to make a decision, and the map advisory committee may refer to the planning commission any item on which the map advisory committee is entitled to make a decision.

(Ord. 2591 (part))

Public notice and hearing- For all advisory agency applications, a public hearing shall be held by the map advisory committee, planning commission, or city council.

A. A public hearing shall be held by map advisory committee, planning commission, and city council prior to taking any of the actions shown in Table 18.05. Notice of such hearing shall be given at least ten (10) days prior to the date of hearing by publication in a newspaper of general circulation in the city and by mail to all persons owning real property within three hundred (300) feet of the proposed parcel map or tentative subdivision map.

B. Public hearings are not required for Director approvals. Notice of a proposed decision by the Director shall be sent to all persons owning real property within one hundred (100) feet of the subject property at least ten (10) days prior to the effective date of the decision for lot mergers, lot line adjustments and minor land divisions. The notice shall identify the appeal process for Director approvals as provided in section 18.05.040.

(Ord. 2591 (part), Ord. 2603)

A. Appeal and referral to city council. Any person, including any member of the planning commission, who is not satisfied with the action of the director, map advisory committee, or planning commission may, within 10 days from the date of the action thereon, file a request for city council review within the time and in the manner provided for by Chapter 2.80 of this code, and the applicable requirements of the Subdivision Map Act. Such appeal shall be filed in the office of the city clerk and shall be in the form and contain the information required by the city clerk.

B. City Council hearing on appeal and referral. The city council shall hold a public hearing on any action appealed under the provisions of this chapter. Notice of such hearing shall be given at least ten (10) days prior to the date of the hearing by publication in a newspaper of general circulation in the city and by mail to all persons owning real property within the same noticing radius originally provided.

C. City Council action on appeal or referral. The city council shall consider the application, the accompanying drawings, statements and other documents, the reports and recommendations and the advisory agency action as considered and reviewed by the approval authority. The hearing shall not be a hearing de novo. At the conclusion of the hearing, shall approve, conditionally approve or deny the application and report its action to the applicant in writing. The decision shall be supported by written findings required by Chapter 18.08.

1. The city council shall base its action on conformity of the application with all requirements of this title.

2. If the application is disapproved, the report shall contain a statement of reasons for such disapproval. If the application is conditionally approved, the report shall contain a complete statement of the conditions of approval.

3. The approval or conditional approval shall not constitute an approval of any exception or deviation from any zoning regulation of the city nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law.

(Ord. 2591 (part))

Chapter 18.06 CERTIFICATES OF COMPLIANCE, LOT MERGERS, LOT LINE ADJUSTMENTS, AND MINOR LAND DIVISIONS