Chapter 16.24 — TENTATIVE PARCEL MAPS

• A. An applicant for a tentative parcel map shall submit an application and map to the planning director in the format and number of copies specified by the planning director. The application shall contain all the information specified for the application by the planning director, unless the planning director waives any information requirements. The application shall be accompanied by the fee established by resolution of the city council.

• B. The planning director shall inform the applicant in writing within thirty calendar days of receipt that the application is complete or that additional information is needed to complete the application.

• (Ord. 508 § 2 (part), 1993)

• A. Reports and Recommendations.

  1. Upon acceptance of the tentative parcel map as complete, the planning director shall distribute the map, data and documents to the various city departments and public agencies concerned in such matters, with a request for submission of written recommendations thereon to the planning commission.

  2. At least five days prior to the planning commission meeting to consider a tentative parcel map, each city department and public agency concerned with the matter shall issue a staff report or written recommendation which may include the following information:

     • a. Any requirement or condition with respect to the tentative parcel map which in the opinion of the reviewing city department or public agency, the planning commission should attach to approval of the project;

     • b. Any grounds for disapproval of the tentative parcel map.

• B. Notice and Hearing.

  1. When an application has been submitted in accordance with this section, the planning commission shall see the application for a public hearing.

  2. Public notice of the hearing shall be given pursuant to Section 66451.3 of the Subdivision Map Act.

  3. A public hearing shall be held before the planning commission at a time and place in accordance with public notice. The planning commission may establish rules for the conduct of such hearings. The applicant or his/her authorized representative and any other interested person may appear at such hearing and shall be heard with respect to the tentative parcel map, the design and proposed improvements, the proposed conditions of approval, and other matters required to be considered by the planning commission in connection with its action on the tentative parcel map. Any hearing may be continued provided that prior to adjournment or recess, the presiding officer shall announce the time and place to which the hearing will be continued.

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City of Patterson, CA § 16.24.020

PATTERSON CODE

§ 16.24.020

• C. Decision by Planning Commission.

  1. The planning commission shall approve, conditionally approve or deny any application following the close of the public hearing on the matter. Such decision shall include findings made in accordance with the provisions of this chapter.

  2. The decision of the planning commission shall be final upon approval of the motion containing its determination unless an appeal is filed pursuant to subsection E of this section.

  3. Written notice of such decision shall be given by mail within seven calendar days after the date of the decision to the applicant and any person filing a written request for notice of decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using an envelope provided by the applicant for such purpose, as the case may be. At the discretion of the planning director, said notice may also be given by personal delivery with the same effect as if mailed.

tten request for notice of decision. Notice of decision shall be deemed given when placed in the United States mail with postage prepaid, using the address set forth on the application or using an envelope provided by the applicant for such purpose, as the case may be. At the discretion of the planning director, said notice may also be given by personal delivery with the same effect as if mailed.

• D. Time Limits for Action.

  1. The planning commission shall approve, conditionally approve or deny the tentative parcel map within the same period applicable to tentative subdivision maps. An applicant, before a final vote is taken, may request a continuance until such time that all commission members are present to vote on the matter.

  2. In no case shall the time limit for action by the planning commission to approve, conditionally approve or disapprove the tentative parcel map for which a negative declaration is being prepared or that is categorically exempt from Division 13 (commencing with Section 21000) of the Public Resources Code, exceed one hundred eighty days from the time the application for the tentative parcel map is accepted as complete by the planning director, or is deemed complete pursuant to Government Code Section 65940 et seq.

  3. In no case shall the time limit for action by the planning commission to approve, conditionally approve or disapprove the tentative parcel map for which an environmental impact record is being prepared, exceed one year from the time the application for the tentative parcel map is accepted as complete by the planning director, or is deemed complete pursuant to Government Code Section 65940 et seq.

  4. If no action is taken by the planning commission to approve, conditionally approve or disapprove the tentative parcel map within the time limits specified in this chapter or any authorized extension thereof, the tentative parcel map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of the Subdivision Map Act, this title, this code and the general plan.

• E.

• Appeal.

1. Any decision of the planning commission made pursuant to this section shall be subject to appeal to the city council.

2. The applicant or any other person may appeal from such decision by filing a written notice of appeal with the city clerk within ten days after the action is being taken. The planning director shall furnish forms for notice of appeal. The appeal shall be

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City of Patterson, CA

DIVISIONS OF LAND

§ 16.24.020

§ 16.24.050

accompanied by the fee established by resolution of the city council.

3. Upon filing of an appeal, the city council shall set the matter for hearing. The hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal.

4. Notice of the hearing on the appeal shall be given in the manner and time provided in subsection (B)(2) of this section.

5. The city council may reverse, affirm wholly or partly modify or attach other or additional conditions to the decision appealed from.

6. The decision of the city council on any such appeal shall be final upon adoption of an order or resolution containing its determination, and no notice thereof need be given.

(Ord. 508 § 2 (part), 1993)

In approving the tentative parcel map, the city council may impose as conditions of filing a parcel map any requirements consistent with the purpose of this title. (Ord. 508 § 2 (part), 1993)

• A. The approval or conditional approval of the tentative map shall expire twenty-four months from the date of its approval unless otherwise provided by the Subdivision Map Act.

• B. The period of time specified in subsection A of this section shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative parcel map only if a stay of the time period is approved by the city council. Within ten calendar days of the service of the initial petition or complaint upon the city, the subdivider shall request in writing to the planning director, a stay in the time period of the tentative subdivision map. Within forty calendar days after receiving such request, the city council shall either stay the time period for up to five years or deny the requested stay. The request for the stay shall be approved or denied only after a hearing with notice to the subdivider and to the plaintiff. The city council shall declare its findings within ten calendar days after the conclusion of the hearing.

• C. Extensions of the time shall be subject to the original conditions of approval and any additional conditions imposed by the city council and concurred with by the subdivider.

• (Ord. 508 § 2 (part), 1993)

In addition to the requirements governing approval of the tentative map set forth in the Subdivision Map Act the following considerations and findings shall be made:

• A. Subject to the provisions of the California Environmental Quality Act, the state CEQA guidelines and the city CEQA guidelines, the decision-making body shall review and consider any applicable environmental documents.

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City of Patterson, CA § 16.24.050

PATTERSON CODE

§ 16.24.060

• B. In reaching a decision on the tentative parcel map, the decision-making body shall consider the effect of that decision on the housing needs of the region and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

• (Ord. 508 § 2 (part), 1993)

Whenever, in the opinion of the planning commission, or the city council, the land involved in any land division is of a size or shape, or is subject to title limitations of record, or is affected by topographical location or conditions, or is to be devoted to a use that is impossible or impracticable in the particular case for the subdivider to fully conform to the regulations contained in this chapter, the planning director, planning commission or the city council may make modifications as, in its opinion, are reasonably necessary or expedient and in conformity with the Subdivision Map Act.

(Ord. 508 § 2 (part), 1993)

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City of Patterson, CA

DIVISIONS OF LAND

§ 16.28.010

§ 16.28.030