Turlock Municipal Code Art. 3 Planning Commission Action

Upon the receipt of a valid application, the completion of the technical review conference, and having received from the Planning Department its report and recommendations for the proposed tentative map, the secretary of the Planning Commission shall set the matter for a public hearing as specified in Sections 66451.3 and 66451.4 of the Subdivision Map Act. At least ten (10) calendar days before the public hearing, a notice shall be given of the time, date, and place of the hearing, including a general explanation of the matter to be considered, a general description of the area affected, and the street address, if any, of the property involved.

Notice shall be published at least once in a newspaper of general circulation published and circulated in the City.

In addition to notice by publication, the Planning Department may give notice of the hearing by mail or delivery to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the proposed application and to the owner of the property as shown on the last equalized assessment roll. The list of owners shall be provided by the subdivider.

In addition, notice shall be given by first-class mail to any person who has filed a written request with the secretary of the Planning Commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The City may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing.

Substantial compliance with the provisions set forth in this section for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken pursuant to the procedures set forth in this chapter.

The Planning Commission shall approve, conditionally approve, or deny the tentative map and shall report its decision to the Council and the subdivider within fifty (50) days after the tentative map has been accepted for filing. If an environmental impact report is prepared, the decision shall be made forty-five (45) days after the certification of the environmental impact report.

In approving or conditionally approving the tentative map, the Planning Commission, acting in the capacity of the Advisory Agency, shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with the applicable General or Specific Plans adopted by the City.

The Planning Commission may modify or delete any of the conditions of approval recommended in the Planning Department's report, except conditions required by City laws related to the public health and safety or to city standards. The Planning Commission may add additional requirements as a condition of its approval.

If no action is taken by the Planning Commission within the time limit as specified, the tentative map as filed shall be deemed to be approved insofar as it complies with other applicable provisions of the Subdivision Map Act, this title, or other City laws, and it shall be the duty of the City Clerk to certify the approval.

The tentative map may be denied by the Planning Commission on any of the grounds provided by City or State laws.

The Planning Commission shall deny the approval of the tentative map if it makes any of the following findings:

(a) That the proposed map is not consistent with applicable General and Specific Plans;

(b) That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans;

(c) That the site is not physically suitable for the type of development;

(d) That the site is not physically suitable for the proposed density of development;

(e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage;

(f) That the design of the subdivision or the type of improvements is likely to cause serious public inconvenience or health problems; or

(g) That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large.

The time limits set forth in Section 11-5-301 of this article for acting on the tentative map may be extended by mutual consent of the subdivider and the Planning Commission.

The subdivider or an interested party disagreeing with any decision on a tentative map made by the department of jurisdiction may file an appeal as provided by Title 1, Chapter 4 of this Code.

(866-CS, Amended, 02/09/1995)