Gilroy Municipal Code § 21.41 Action on tentative map

Action on the tentative map shall be taken as follows:

(a) Distribution of the Map. Within thirty (30) days from the date that the tentative map application is accepted as being complete, the secretary of the planning commission shall transmit prints of the tentative map to the city administrator, the director of public works, the director of parks and recreation, the fire chief, private and public utility companies serving the area, school district and to the Santa Clara Valley Water Conservation District, and other agencies which the secretary of the planning commission determines may have direct interest in the tentative map, together with a request for a report and recommendation thereon to be returned within fifteen (15) days of the date of transmittal. These comments shall be incorporated in a report to be presented to the planning commission at a regular or special meeting.

(b) Notification of Developer and Engineer. The secretary to the planning commission shall notify the developer and his engineer (when the engineer’s address is indicated on the application) of the date on which the tentative map will be considered by the planning commission and provide them with copies of the compiled report at least three (3) days prior to the hearing.

(c) Hearing on the Initial Reports, etc.; Recommendations to Planning Commission. On the date set for consideration of the tentative map, the planning commission shall hear the reports and recommendations and shall hear the comments and opinions of the developer and of his engineer. After giving due consideration to all such reports, recommendations, comments and opinions, the planning commission shall prepare its decision and, within sixty (60) days from the date thereof, shall transmit its recommendations, for approval or conditional approval, to the city council.

(d) Action by Planning Commission; Statement of Conditional Approval. The planning commission, within fifty (50) days from the date the tentative map application is certified or accepted and complete (except when an environmental review as required in accord with the California Environmental Quality Act) shall recommend approval, conditional approval, or disapprove the map and shall report its action to the developer. In the event of a disapproval of the map by the planning commission, the developer shall be furnished with a statement of the reason and authority for such disapproval. In the event of a conditional approval, the subdivider shall be furnished with a statement showing what changes are necessary to make the map conform to the requirements of the Subdivision Map Act and of this chapter including recommended conditions of approval.

(e) Basis for Disapproval. The planning commission must disapprove a tentative map if the only practical use which can be made of the property as proposed to be developed is a use prohibited by this Code, statute, law or other valid regulation, or if the land is subject to severe flood hazard or severe inundation.

(f) Extension of Time Limit for Action by Planning Commission. The time limit of sixty (60) days for acting on the tentative map may be extended by mutual consent of the subdivider and the planning commission or secretary to the planning commission. If mutual consent cannot be reached, the time limit may be automatically extended to the next regularly scheduled meeting of the Planning Commission.

(g) Failure of Planning Commission to Act Deemed Recommendation for Approval. If no action is taken by the planning commission within the time limits as specified in Section 21151.5 of the Public Resources Code, the tentative map as filed shall be deemed to be recommended for approval and it shall be the duty of the clerk of the city council to certify the recommended approval and submit the tentative map to the city council for their review and action.

(h) Appeal to City Council. If the developer is dissatisfied with any action of the planning commission with respect to the tentative map or the kinds, nature and extent of the improvements recommended by the advisory agency to be required, he may, within ten (10) days after such action, appeal to the city council for a public hearing thereon. The city council shall hear the appeal, upon notice to the developer and the planning commission, unless the developer consents to a continuance, within thirty (30) days or at its next succeeding regular meeting. At the time fixed for the hearing, the city council shall proceed to hear the testimony of the developer or any witnesses on his behalf and the testimony of the representatives of the planning commission or any witnesses on its behalf. It may also hear the testimony of other competent persons respecting the character of the neighborhood in which the development is to be located, the kinds, nature, and extent of improvements, the quality or kinds of development to which the area is best adapted and any other phase of the matter with respect to which it may desire to inquire into. Upon conclusion of the hearing, the city council shall within fifteen (15) days declare its findings based upon the testimony produced before it. It may sustain, modify, reject or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with the provisions of this chapter and of the Subdivision Map Act.

(i) Procedure after Recommendation for Approval by Planning Commission. Upon recommendation for approval of the tentative map by the planning commission, a copy thereof, together with a copy of commission’s recommendations on such map, shall be filed with the city council. The council may approve the map or refer the map back to the planning commission for further consideration, study or revision, after which it shall be again submitted to the council for final action.

Initial approval of a tentative map is valid for twenty-four (24) months. Said approval may, at council discretion, be conditionally extended for three (3) periods not to exceed an additional twelve (12) months each.

(Ord. No. 81-11, § 1, 3-16-1981; Ord. No. 82-2, § 1, 2-1-1982; Ord. No. 83-7, §§ 1, 2, 6-20-1983; Ord. No. 2015-01, § 2, 5-4-2015)

The city may make recommendation concerning proposed subdivisions in any adjoining city or in any adjoining unincorporated territory provided such developments are within three (3) miles of the city’s sphere of influence. Said recommendations shall be in accordance with the provisions of Chapter 3, Article 3, Subdivision Map Act.

(Ord. No. 81-11, § 1, 3-16-1981)