Modesto Municipal Code Art. 4 Tentative Maps for Subdivisions Other Than Parcel Maps

(a) Applications for tentative subdivision maps shall be filed with the Secretary of the Planning Commission and shall conform to all requirements for the form of maps and associated information required to be submitted with map applications as established from time to time by resolution of the City Council. Said submittal requirements shall be made available in writing to applicants upon request. The map application shall not be deemed complete until all such submittal requirements have been fully satisfied.

(b) Distribution. Within ten (10) days of the filing of a tentative map, the Secretary of the Planning Commission shall transmit copies of such map and notice of the filing of the map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Copies of the tentative map shall also be sent to the Public Works Director, Chief Engineer of the Modesto Irrigation District, District Manager of the Pacific Gas and Electric Company, District Manager of the Pacific Telephone and Telegraph Company, and such other department heads and agencies as deemed advisable, and if a state highway is concerned, to the District Engineer of the Department of Transportation, State of California.

(c) Action by Interested Agency or Department. The governing board of any school district or other agency or department receiving a notice of the filing of a tentative map or a copy of the tentative map may respond in writing to such notice or tentative map within twenty (20) working days of the date on which such notice or tentative map was mailed by the Secretary of the Planning Commission. In the event that the governing board of any school district or other agency or department fails to respond to a notice of filing or a tentative map within said period, such failure to respond shall be deemed approval of the proposed subdivision by the school district, agency, or department.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 993-C.S., Ord. 1154-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1613-C.S., Ord. 3128-C.S., § 4, Ord. 3364-C.S., § 3, and Ord. 3435-C.S., § 1, effective 4-5-07)

(Ord. 1041-N.S., amended by Ord. 101-C.S., Ord. 413-C.S., and Ord. 993-C.S., repealed by Ord. 3435-C.S., effective 4-5-07)

(Ord. 1041-N.S., amended by Ord. 415-C.S., 993-C.S., and Ord. 1460-C.S., repealed by Ord. 3435-C.S., effective 4-5-07)

(a) Action by Planning Commission. The Planning Commission shall review the tentative map to determine whether it is in conformity with the provisions of law and of this chapter and upon that basis, within fifty (50) days after the filing of the tentative map, adopt a resolution approving, conditionally approving or disapproving the tentative map. The Planning Commission is authorized to report its action directly to the subdivider.

(b) Consistency With General Plan. A tentative map shall not be approved or conditionally approved by the Planning Commission unless the Planning Commission finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and applicable specific plans of the City.

(c) Discharge of Waste. In connection with their review of a tentative map, the Planning Commission shall determine whether the discharge of waste from the proposed subdivision into the existing sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code of the State of California. In the event that the Planning Commission finds that the proposed waste discharge would result in or add to violation of requirements of such board, it may disapprove the tentative subdivision map.

(d) Limitations on Approval. A tentative map shall not be approved or conditionally approved by the Planning Commission if it makes any of the following findings:

(1) That the proposed map is not consistent with applicable general and specific plans.

(2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans.

(3) 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 Planning Commission 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. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

(e) Reports and Recommendations. Any reports or recommendations on the map or maps of any subdivision submitted to the Planning Commission or City Council shall be submitted in writing to the subdivider at least three (3) days prior to any hearing or action on the map or maps by the Planning Commission or City Council. Such required submission in writing shall be deemed complied with when such reports or recommendations are placed in the mail, bearing proper postage, and directed to the subdivider at his/her address shown on the map.

(f) Appeal. If the subdivider or any interested person is dissatisfied with any action of the Planning Commission with respect to the tentative map, or the kinds, nature and extent of the improvements required by the Planning Commission, he/she may, within fifteen (15) days after such action is taken by the Planning Commission, appeal in writing to the City Council for a public hearing thereon. The City Council shall hear the appeal, upon notice being given in accordance with the provisions of Section 66451.3 of the Government Code and to the appellant and the Planning Commission, within thirty (30) days after the date of filing the appeal, unless the appellant consents to a continuance. At the time fixed for the hearing the City Council shall proceed to hear the testimony of the appellant or any witnesses in his/her behalf. It may also hear the testimony of other competent persons respecting the character of the neighborhood in which the subdivision is to be located; the kinds, nature and extent of improvements; or 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 ten (10) days, declare its findings based upon the testimony and documents 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 the Subdivision Map Act.

(g) Presence of Subdivider. The subdivider or his/her representative should be present at the time set for the consideration of the tentative map.

(h) Extension of Time Limits. The time limits for acting and reporting on tentative maps as specified in this section may be extended by mutual consent of the subdivider and the Planning Commission or City Council as the case may be.

(i) Information to be Furnished to Community and Economic Development Director. When the approval or conditioned approval of the tentative map of any subdivision has become final, the subdivider shall furnish the following information to the Community and Economic Development Director and shall receive his/her authorization prior to construction of any of the improvements or preparation of the final map:

(1) Typical cross sections and proposed final finished grades of all roads, streets and highways in the proposed new subdivision, together with a profile showing the relation between finished grade and existing ground elevations.

(2) Proposed lengths, size and type of any pipes, culverts or structures necessary for drainage, erosion control or the public safety with plans and specifications therefor.

(3) Any information required by the conditional approval of the Planning Commission or City Council.

(4) Elevations shall be referenced to the Modesto City Datum.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 993-C.S., Ord. 1254-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1849-C.S., § 1, Ord. 2117-C.S., § 1, Ord. 2802-C.S., § 1, Ord. 3128-C.S., § 4, and Ord. 3364-C.S., § 3, effective 12-9-04)

(Ord. 3576-C.S., § 1, effective 11-2-12)

(a) Filing. On or after January 1, 1988, a vesting tentative map for residential and nonresidential developments may be filed with the Planning Commission instead of a tentative map otherwise required by this chapter. The filing and departmental approval, form, required statement, and action pertaining to a vesting tentative map shall be the same as required by this article for other tentative maps except that the words "Vesting Tentative Map" shall be printed conspicuously on the face of the map.

(b) Development Rights. Planning Commission 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 application for the vesting tentative map is complete and accepted consistent with Government Code Section 66474.2 and as amended or repealed. The rights conferred by this section shall expire if a final map is not approved by the City Council prior to expiration of the vesting tentative map.

(c) (1)

Time Limits. The development rights conferred by a vesting tentative map shall remain in effect for two (2) years after the recording of a final map. When multiple final maps are recorded on various phases of a project covered by a single vesting tentative map, the two (2) year time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the two (2) year period provided by this section, the subdivider may apply to the Planning Commission, for a one (1) year extension. If the extension is denied by the Planning Commission the subdivider may appeal that denial to the City Council within fifteen (15) days. The time limits and extensions thereof for filing a final map based on an approved vesting tentative map shall be the same as specified by Section 4-4.601 for other tentative maps. Effective until July 11, 2002 and after July 10, 2003.

(2) Time Limits. The development rights conferred by a vesting tentative map shall remain in effect for two (2) years after the recording of a final map. When multiple final maps are recorded on various phases of a project covered by a single vesting tentative map, the two-year time period shall begin for each phase when the final map for that phase is recorded. At any time prior to the expiration of the two-year period provided by this section, the subdivider may apply to the City Council for a one-year extension. The time limits and extensions thereof for filing a final map based on an approved vesting tentative map shall be the same as specified by section 4-4.601 for other tentative maps. This subsection 4-4.405(c)(2) shall remain in effect and shall supercede subsection 4-4.405(c)(1) only until July 10, 2003, and as of that date is repealed unless extended or amended by a later enacted ordinance.

(d) Amendments. Minor amendments to the vesting tentative map may be approved by the Secretary of the Planning Commission when the Secretary determines that the proposed changes substantially conform to the approved vesting tentative map. At any time prior to the expiration of the vesting tentative map, the subdivider may apply to the Planning Commission for an amendment to the map when such amendment does not substantially conform to the previously approved vesting tentative map. If the requested amendment is approved by the Planning Commission, the development rights conferred by the vesting tentative map shall allow development in substantial compliance with the ordinances, policies, and standards in effect at the time the application for an amendment to the vesting tentative map is complete and accepted consistent with Government Code Section 66474.2 and as amended or repealed. The time limits for filing a final map or maps based on an amended vesting tentative map shall begin on the date such amendment is approved.

(e) Zoning. If a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning of the property in effect at the time the vesting tentative map is filed, that inconsistency shall be noted on the map. The Planning Commission may deny such vesting tentative map or approve it conditioned on the subdivider's obtaining the necessary change in zoning to eliminate the inconsistency. If the change in zoning is obtained, the approved or conditionally approved tentative map shall confer the vested right to proceed with the development in substantial compliance with the change in zoning and the map as approved.

(f) Variances and Exceptions. Notwithstanding any provisions of this section, a property owner or his designee may seek approvals or permits for development which depart from the ordinances, policies, and standards in effect at the time a complete application for a vesting tentative map is accepted for filing. Such requested approvals or permits may be granted to the extent authorized by the Modesto Municipal Code or other applicable laws.

(Added by Ord. 2386-C.S., § 1, amended by Ord. 2616-C.S., § 1, Ord. 2852-C.S., § 1, and Ord. 3262-C.S., § 1, effective 7-11-02)