§ 4-4.502. Tentative 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. The representative of the Planning Commission shall distribute copies of the tentative parcel map to affected City departments, local utility companies serving the property, and such other individuals or agencies as is deemed advisable. The department, utility company, individual or agency receiving a copy of the tentative parcel map may respond regarding any concerns or requirements within fifteen (15) days from the date the map was mailed. If a reply is not received within said fifteen (15) day period it shall be assumed that the tentative parcel map conforms with the requirements of the particular department, utility company, individual or agency.

(b)

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

(c)

Requirements for Approval. If the tentative parcel map complies with all of the requirements of this article and the Subdivision Map Act, the Planning Commission may approve the division, subject to the dedication of necessary right-of-way for streets and easements, the installation of all improvements along the frontages of the property so divided, as required by the Commission, and the installation of all necessary utilities and connections to each lot. All lot sizes shall conform to the provisions of the zoning regulations of the City of Modesto.

(d)

Limitations on Approval. A tentative parcel 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 easement of record or to easements established by judgment of a court of competent jurisdiction.

(e)

Improvements. If the Planning Commission approves the tentative parcel map it may require the construction of reasonable off-site and on-site improvements for the parcels being created. Requirements for the construction of such off-site or on-site improvements shall be noticed by certificate on the parcel map, on the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. The construction of such improvements shall be required prior to the subsequent issuance of a permit or other grant of approval for the development of such parcel. The Planning Commission may require the fulfillment of such improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the Planning Commission that fulfillment of the improvement requirement is necessary for reasons of:

(1)

The public health and safety; or

(2)

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

If the improvements are required within such a time period, the Planning Commission may require an improvement security to be posted in one of the forms set forth in subsection (b) of Section 4-4.605.

(f)

Requirement for Street Trees. As a condition of approval for parcel maps, it is the policy of the City of Modesto to require street trees to be planted and maintained along the street frontages of the affected properties and conform to the City of Modesto Street Tree Plan. The subdivider of a parcel shall be responsible for planting such street trees.

(g)

Drainage Facilities. Whenever the City, by ordinance, has adopted a drainage plan for a particular drainage area, pursuant to Section 66483 of the Government Code of the State of California, each subdivider filing a parcel map for the division of land, any part of which is located within the boundaries of such a drainage area and the tentative map of which is filed after the effective date of the addition of this subsection, shall pay to the City at the time of the filing of the parcel map, as a condition of approval thereof, such fees as may be required by said ordinance. The Council may, by resolutions or agreements adopted or entered into from time to time, establish conditions under which such fees may be spread over a period of time.

(h)

Appeal. If the property owner or any interested person is dissatisfied with any action of the Planning Commission with respect to the tentative parcel map, or the kinds, nature and extent of the improvements required by the Planning Commission, he 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 behalf. It may also hear the testimony of other competent persons relative to the character of the neighborhood in which the parcel is 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 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.

(Ord. 1041-N.S., amended by Ord. 413-C.S., Ord. 836-C.S., Ord. 847-C.S., Ord. 1191-C.S., Ord. 1436-C.S., Ord. 1437-C.S., Ord. 1613-C.S., Ord. 1668-C.S., Ord. 1669-C.S., Ord. 2117-C.S., § 1, Ord. 2447-C.S., § 1, Ord. 2802-C.S., § 1, amended during 11-98 supplement and Ord. 3435-C.S., effective 4-5-07)

(Ord. 3578-C.S., § 1, effective 11-2-12)