§ 16.04

An application for a map or subdivision approval described in this title shall be filed, processed, heard, and either approved, denied, or approved with conditions in accordance with the provisions of this chapter and the specific chapter in this title related to processing of that application.

(Ord. No. 642, § 3, 5-23-2022)

A.

The director shall prescribe and make available the form in which applications are made for a map or subdivision approval and maintain a list specifying the materials, information, and fees to be submitted with each application for a permit or other land use matter filed in accordance with this title. The list may be revised from time to time to comply with revisions to local, State, or Federal law, regulation, or policy. An application shall be made in the form prescribed by the director on the date the application is filed, unless otherwise specified by this title or State law.

B.

All filing fees required to be paid upon the filing of any application shall be set forth from time to time by city council resolution.

(Ord. No. 642, § 3, 5-23-2022)

The following persons shall have the authority to file an application:

A.

The record owner of the real property that is the subject of the permit or other matter.

B.

The property owner's authorized agent, engineer, or surveyor.

(Ord. No. 642, § 3, 5-23-2022)

If signatures of persons other than the owners of the property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and the city council.

(Ord. No. 642, § 3, 5-23-2022)

All maps identified in this title shall be prepared by or under the direction of a professional land surveyor or a registered civil engineer authorized to practice land surveying. Final maps shall be based on a field survey.

(Ord. No. 642, § 3, 5-23-2022)

Applications filed pursuant to this title shall become a part of the permanent official records, and there shall be attached thereto and permanently filed copies of all notices and actions, with any certificates and affidavits of applicable posting, mailing, or publication.

(Ord. No. 642, § 3, 5-23-2022)

Within thirty (30) days of application submittal, the community development director shall determine whether the application is complete. The community development director shall notify the applicant of the determination either that all the submittal requirements have been satisfied and the application has been accepted as complete or that specific information is still necessary to complete the application.

(Ord. No. 642, § 3, 5-23-2022)

Any person authorized to file an application may withdraw an application that has been filed at any time, provided the withdrawal is in writing. If an application is withdrawn after a notice of public hearing has been mailed or posted, the application shall be agendized so that the withdrawal of the application can be announced publicly.

(Ord. No. 642, § 3, 5-23-2022)

16.04.090 - Decision processes for planning applications.

A.

Applications for map or subdivision approvals identified in this title shall be acted upon in accordance with one of the decision processes depicted in Table 16.04.090-1 (Role of Review Authority Map and Subdivision Applications). Table 16.04.090-1 determines the role of each review authority in the decisionmaking process and shall not describe or limit the scope, meaning, or intent of any other provisions of this title. Table 16.04.090-1 only describes the processes that may be required by this title and does not describe other decision processes that may be required by other agencies. Zoning and land use permitting processes and procedures are identified in Title 17.

B.

Decisions and appeals of decisions listed in Table 16.04.090-1 that have and asterisk (*) shall be made at public hearings in accordance with this chapter.

C.

Where a project requires multiple decisions by the planning commission and city council, the planning commission decisions on such project shall not be final, but shall be advisory to the city council, which shall be vested with the final decision-making powers pertaining to the project.

TABLE 16.04.090-1

APPROVING AUTHORITY

(Ord. No. 642, § 3, 5-23-2022)

All discretionary applications will be reviewed by the director to determine if the project is subject to environmental review in accordance with the California Environmental Quality Act (CEQA) Guidelines, as currently adopted and amended from time to time. All non-discretionary applications are deemed to not be subject to environmental review, pursuant to CEQA Guidelines Section 15268.

(Ord. No. 642, § 3, 5-23-2022)

A public hearing is a noticed session before the planning commission, city council, or other approval body, as appropriate, to receive original evidence or testimony from the applicant and the general public on applications regulated by this title.

(Ord. No. 642, § 3, 5-23-2022)

A.

Notice of time and place of public hearings shall be given in the following manner. Noticing may take place earlier than required if other laws or policies require a longer notice period.

B.

A notice of any public hearing shall be given by at least one publication in a newspaper of general circulation in the city not less than ten (10) days before the date of the public hearing.

C.

A notice of public hearing shall be given by mailing a written notice not less than ten (10) days prior to the date of such hearing to the applicant and to owners of property within a radius of three hundred (300) feet of the exterior boundaries of the property that is the subject of the application, using for this purpose the name and address of such owners and properties, as shown on the latest adopted county tax roll. Notice shall also be mailed to interested persons that have filed a written request for notification with the director.

(Ord. No. 642, § 3, 5-23-2022)

Public notice of hearings shall begin with the words similar to "Notice of Proposed Tentative Subdivision Map" or "Notice of Proposed Parcel Map" as the case may be and set forth the description of the property under consideration, the nature of the proposal, identification of the hearing body, and the time and place at which the public hearing on the matter will be held.

(Ord. No. 642, § 3, 5-23-2022)

Public hearings before the city council and the planning commission shall be conducted in accordance with Chapter 16.04.

(Ord. No. 642, § 3, 5-23-2022)

If, for any reason, a public hearing cannot be completed on the date set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place at which the hearing will be continued, and no further notice shall be required.

(Ord. No. 642, § 3, 5-23-2022)

A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this title and the names of persons testifying shall be recorded and made a part of the permanent files of the application.

(Ord. No. 642, § 3, 5-23-2022)

The review authority responsible for making a final determination for any application, as identified by Table 16.04.080-1, shall announce its findings by formal resolution. Non-discretionary permits may be approved by letter. The resolution shall recite, among other things, the facts and reasons which, in the opinion of the hearing body, make the approval or denial of the proposal necessary to carry out the provisions and general purpose of this title, and shall order that the map or other action be approved, denied, or approved subject to conditions that it may impose.

(Ord. No. 642, § 3, 5-23-2022)

Not later than ten (10) days following the adoption of a resolution or other applicable document ordering that a permit or other action be approved or denied, a copy of said resolution or other applicable document

shall be mailed to the applicant and to any other parties requesting notice of the action. The resolution or other applicable document shall also be filed and maintained as public record by the director.

(Ord. No. 642, § 3, 5-23-2022)

A.

The decision of the community development director or the planning commission for any proposal shall be effective and final ten (10) days following the adoption of the resolution, unless, within such period of time, the applicant or other interested party files a written appeal of the decision.

B.

The decision of the city council for any proposal shall be effective upon the date of adoption of the resolution.

(Ord. No. 642, § 3, 5-23-2022)

16.04.200 - Refiling of a denied application.

Where an application has been denied by a review authority and that action has become final, no new application for substantially the same request shall be accepted for filing for a period of one (1) year after the effective date of the denial, unless that review authority specifies in its decision that the denial is made without prejudice.

(Ord. No. 642, § 3, 5-23-2022)

16.04.210 - Appeals.

A.

A decision of the community development director may be appealed to the planning commission by any interested person within ten (10) days following the decision. Any decision of the planning commission, including a decision on an appeal, may be appealed to the city council by any interested person within ten (10) following the decision of the planning commission.

B.

Appeals to the planning commission or to the city council shall be conducted as a public hearing in accordance with the public hearing noticing and hearing procedures in this chapter.

C.

A decision on an application that has been appealed may be upheld, overturned, or modified. The appeal decision shall be adopted by resolution.

(Ord. No. 642, § 3, 5-23-2022)

16.04.220 - Change of ownership.

Subject to the other provisions of this chapter, an approved map or other decision that is effective and final pursuant to this chapter shall continue to be valid upon a change of ownership of the site.

(Ord. No. 642, § 3, 5-23-2022)

An approved tentative subdivision map or tentative parcel map shall expire and shall become null and void two (2) years after the date of approval unless, prior to expiration, one of the following occurs:

A.

The expiration date is extended because the map is eligible for an automatic extension described in the Subdivision Map Act.

B.

The planning commission or city council has granted a discretionary extension pursuant to Chapter 16.18.

(Ord. No. 642, § 3, 5-23-2022)

A person having authority to file an application may apply for an amendment to an approved map that has not expired. The amendment application shall be processed with the same procedures as if the application was for a new approval.

(Ord. No. 642, § 3, 5-23-2022)

A.

The planning commission or city council may deny a tentative map, final map, or a tentative parcel map if the proposed use is prohibited by any ordinance, statute, law or other regulation.

B.

The planning commission or city council shall deny a tentative map, final map, or a tentative parcel map if it makes any of the following findings:

1.

That the proposed subdivision is not consistent with the General Plan or applicable specific plans.

2.

That the design or improvement of the proposed subdivision is not consistent with the General Plan or applicable specific plans.

That the site is not physically suitable for the type of development.

4.

That the site is not physically suitable for the proposed density of development.

5.

That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6.

That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

7.

That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public-at-large for access through or use of property within the proposed subdivision. In this connection, the council may approve a map if it finds that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public.

(Ord. No. 642, § 3, 5-23-2022)

A.

The community development director, public works director, and city engineer are authorized and directed to enforce the provisions of this chapter and the Subdivision Map Act for subdivisions within the city.

B.

The city attorney may, on behalf of the City of Woodlake, file a suit in a superior court of competent jurisdiction to restrain or enjoin any attempted or proposed subdivision or sale, lease, or financing in violation of the Subdivision Map Act, this chapter, or the conditions of a granted approval.

C.

Applications for certificates of compliance shall be filed in accordance with Chapter 16.26.

D.

No commission, officer, or employee of the city shall issue any certificate or permit or grant any approval necessary to develop any real property that has been divided, or which resulted from a division, in violation of the provisions of the Subdivision Map Act or of this chapter.

E.

If the city has knowledge that real property has been divided in violation of the Subdivision Map Act or this chapter, the city engineer shall, upon receipt of information of such violation, file the notices required by Section 66499.36 of the Subdivision Map Act and thereafter follow the procedures set forth in that section.

(Ord. No. 642, § 3, 5-23-2022)

Chapter 16.06 - TENTATIVE MAPS