[CC 1979 §42.240]
The Planning and Zoning Commission shall, within thirty (30) days after receipt of the final plat, determine its recommendation as to whether the plat shall be approved, approved with modifications, or disapproved and shall within said thirty (30) day period give notice to the subdivider of its determination. If approved, the Commission shall so note on the face of the plat and shall thereupon forward said plat to the City Board, notifying the subdivider of its action. If approved with modification, or if disapproved, the Commission shall attach to the original plat a statement of the reasons for such action and shall forthwith return the original of said plat to the subdivider, retaining one (1) copy thereof for its records. Within sixty (60) days after the submission of a plat to the Commission, the Commission shall approve or disapprove the plat; otherwise the plat is deemed approved by the Commission, except that the Commission, with the consent of the applicant for the approval, may extend the sixty (60) day period. The ground of disapproval of any plat by the Commission shall be made a matter of record.
Whenever the Commission adopts the plan of the municipality or any part thereof, no street or other public facilities, or no public utility, whether publicly or privately owned, and, the location, extent and character thereof having been included in the recommendations and proposals of the plan or portions thereof, shall be constructed or authorized in the municipality until the location, extent and character thereof has been submitted to and approved by the Planning Commission. In case of disapproval the Commission shall communicate its reasons to the Board of Aldermen, and the Board of Aldermen, by vote of not less than two-thirds (⅔) of its entire membership, may overrule the disapproval and, upon the overruling, the Board of Aldermen or the appropriate board or officer may proceed, except that if the public facility or utility is one the authorization or financing of which does not fall within the province of the Board of Aldermen, then the submission to the planning Commission shall be by the board having jurisdiction, and the Planning Commission's disapproval may be overruled by that board by a vote of not less than two-thirds (⅔) of its entire membership. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, sale or lease of any street or other public facility is subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the Commission to act within sixty (60) days after the date of official submission to it shall be deemed approval.
The County Recorder shall not receive for filing or recording any subdivision plat required to be approved by the Board of Aldermen or Planning and Zoning Commission unless the plat has endorsed upon it the approval of the Board of Aldermen under the hand of the Clerk and the seal of the City, or by the Secretary of the Planning Commission.
[CC 1979 §42.270]
The Commission may recommend a variation of the application of the regulations of this Article in harmony with their general purpose and intent and in accordance with the rules herein contained in cases where there are particular difficulties or particular hardships in the way of carrying out the strict letter of any such regulations relating to the subdividing of land, and may recommend to the City Board that said City Board approve said plat of subdivision in spite of failure to strictly comply with the strict letter of any of the regulations, stating the reasons for said recommendations.
[CC 1979 §42.280]
Advice and cooperation in the preparation of plats will be freely given by the Department of Public Works, the Supervisor of Streets of the City of Stockton, and by the Commission. It is suggested that each subdivider of land confer with these departments before preparing the preliminary plat in order to become more thoroughly familiar with subdivision requirements and the zone ordinances affecting the territory in which the proposed subdivision lies.
[CC 1979 §42.290]
Subdivisions of land which create less than five (5) new lots or parcels and do not involve the dedication of new streets may be immediately drawn in the form prescribed for recording and be directly approved for recording by the City Board. The City Board may request an advisory opinion from the Commission.
[CC 1979 §42.310]
If any Section, sentence, clause, phrase or portion of these regulations are held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.