Monterey County Municipal Code Ch. 19.01 General Provisions

This Title is enacted pursuant of Chapter XI, Section 7 of the California Constitution and the Subdivision Map Act, Section 66410, et seq., of the Government Code and may be cited as the Subdivision Ordinance of the County of Monterey.

A. It is the purpose of this Title to regulate and control the division of land in the unincorporated areas of the County of Monterey and to implement the provisions of the Subdivision Map Act concerning the design, improvement and survey data of subdivisions, the form and content of all maps provided for by the Subdivision Map Act and the procedure to be followed in securing the off approval of the appropriate governing body. To accomplish this purpose, the regulations contain this Title are determined to be necessary to preserve the public health, safety and general welfare promote orderly growth and development and to promote open space, conservation, protection proper use of land; and to ensure provision for adequate traffic circulation, utilities, and other services in the County.

B. It is the purpose of this Title to ensure compliance of the goals, objectives and policies of the Monterey County General Plan, Area Plans, Specific Plans, and Local Coastal Plans as certified by the State of California and any amendments of the above cited plans.

C. It is the purpose of this Title to ensure compliance with the Title 21 (Zoning) Ordinance of the County of Monterey.

No land shall be subdivided and developed for any purpose which is inconsistent with the General Plan, Area Plan, Local Coastal Plan or any applicable specific plan of the County or which is not permitted by Titles 19, and 20 and 21 (Zoning) or other applicable provisions of this Title.

The type and intensity of land use as shown on the General Plan and any applicable plan shall determine, together with the requirements of the Subdivision Map Act and this Title, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider.

This Title shall not be applicable to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks.

B. Mineral, oil or gas leases.

C. Land dedicated for cemetery purposes under the State Health and Safety Code.

D. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

E. Any separate assessment under Section 2188.7 of the Revenue and Taxation Code.

F. Unless a parcel or final map was approved by the Board of Supervisors, the conversion of a community apartment project, as defined in Section 11004 of the Business and Professions Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1. At least seventy-five (75) percent of the units in the project were occupied by record owners of the project on March 31, 1982.

2. A final or parcel map of the project was properly recorded, if the property was subdivided, as defined in Section 66424, after January 1, 1964, with all of the conditions of that map remaining in effect after the conversion.

3. The County certifies that the above requirements were satisfied if the County by ordinance, provides for that certification.

G. Unless a parcel or final map was approved by the Board of Supervisors, the conversion of a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:

1. At least fifty-one (51) percent of the units in the cooperative were occupied by stockholders of the cooperative on January 1, 1981, or individually owned by stockholders of the cooperative on January 1, 1981. As used in this Paragraph, a cooperative unit is "individually owned" if and only if the stockholder of that unit owns or partially owns an interest in no more than one unit in the cooperative.

2. No more than twenty-five (25) percent of the shares of the cooperative were owned by any one person defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1981.

3. A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in State or local law, including, but not limited to, rights respecting first refusal, notice, displacement and relocation benefits.

4. The County certifies that the above requirements were satisfied if the County, by ordinance, provides for that certification.

H. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a windpowered elect generation device on the land, if the project is subject to discretionary action by the Planning Commission or the Board of Supervisors.

I. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvement.

J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

K. The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this Division shall be applicable to the sale or transfer, but not leasing, of those units.

A. County staff, including designated representatives from Planning, Building Services, Public Works, Environmental Health, Parks, and Housing, with legal advice from County Counsel and technical input from the Monterey County Fire Warden or representative of a local fire district as applicable and the Monterey County Water Resources Agency, shall conduct a Technical Review (TR) of all applications for tentative maps, vesting tentative maps, and lot line adjustments. The designated representative from Planning shall facilitate the review.

B. The purpose of the Technical Review shall be the following:

1. To serve in a technical capacity and make recommendations on the design, improvements, and application of State law and County plans, ordinances, and regulations to subdivision applications and lot line adjustment applications; and

2. To develop recommendations to the appropriate decision making body.

(Ord. No. 5218, § 2, 6-25-2013)

Editor's note— Ord. No. 5218, § 2, adopted June 25, 2013, amended section 19.01.025 in its entirety to read as herein set out. Formerly, section 19.01.025 pertained to the Minor Subdivision Committee, and derived from Ord. No. 3797, adopted 1994, and Ord. No. 5135, § 55, adopted July 7, 2009.

Editor's note— Ord. No. 5218, § 3, adopted June 25, 2013, repealed the former section 19.01.030 in its entirety, which pertained to the Standard Subdivision Committee, and derived from Ord. No. 3797, adopted 1994, and Ord. No. 5135, § 56, adopted July 7, 2009.

A. Pursuant to Section 66415 of the Government Code of the State of California, the Planning Commission is hereby designated the appropriate decision making body for tentative maps and vesting tentative maps for standard subdivisions and for those tentative maps and vesting tentative maps for minor subdivisions that are referred to hearing under Subsection 19.04.025.F, unless otherwise provided by this title or Title 21.

B. The Planning Commission shall be the appropriate decision making body for lot line adjustments that are referred to hearing under Subsection 19.09.005.H, unless otherwise provided by this title or Title 21.

C. The Planning Commission shall be the appropriate decision making body for requests for reconsideration of tentative maps for standard subdivisions, reconsideration of conditions of a standard subdivision prior to recordation of the final map, and reconsideration of those minor subdivisions and lot line adjustments previously referred to the Planning Commission for hearing.

D. The Planning Commission shall be charged with the duty of making recommendations to the Board of Supervisors to reduce, alter, or add to the provisions of this title.

(Ord. 3797, 1994; Ord. No. 5218, § 4, 6-28-2013)

A. The Board of Supervisors is hereby designated the appropriate decision making body with respect to combined development permits where appropriate. The Board of Supervisors shall also have authority to hear and decide appeals made based upon the decisions of the Planning Commission as provided in this Title.

(Ord. 3797, 1994)

No application, appeal or certificate of compliance shall be considered received pursuant to this Title without payment of the required fees unless the fees have been waived by resolution of the Board of Supervisors.

The Director of Planning shall prescribe various application forms and when made available to the public, all applications, for the division of real property shall be made on such forms.

(Ord. No. 5135, § 57, 7-7-2009)

Any action to approve or deny, in whole or in part, any application for a discretionary permit by an appropriate decision making body, including the Board of Supervisors, shall require a public notice to be given pursuant to this Section.

A. The notice shall be given in all of the following ways:

1. Notice shall be mailed or delivered at least ten (10) days prior to any action by the appropriate decision making body, to the owner of the subject real property or the owner's duly authorized agent, and to the project applicant.

2. Notice shall be mailed or delivered at least ten (10) days prior to the public hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, and whose ability to provide those facilities and services may be significantly affected.

3. Notice shall be mailed or delivered at least ten (10) days prior to the public hearing to all owners of real property as shown on the latest equalized assessment roll within three hundred (300) feet of the real property that is the subject of the public hearing.

4. At least three notices shall be clearly posted at three different public places on and near the subject property. The notices shall be accessible and visible to the public.

5. In lieu of utilizing the assessment roll, the County may utilize records of the County Assessor or County Tax Collector which contain more recent information than the assessment roll.

6. If the number of property owners to whom notice would be mailed or delivered pursuant to this Section is greater than one thousand (1,000), the County, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted, at least ten (10) days prior to the hearing.

7. If the notice is mailed or delivered pursuant to Paragraph 3, the notice shall also be published in at least one newspaper of general circulation within the area, at least ten (10) days prior to the hearing.

The failure of any person or entity to receive notice given pursuant to this Title shall not constitute grounds for invalidation of the action on any permit pursuant to this Title for which notice was given.

B. The contents of the notice shall contain, at a minimum, the following information:

1. Date, time and place of consideration of the application by the appropriate decision making body;

2. The identity of the appropriate decision making body;

3. A general explanation of the matter to be considered; and

4. A general description, in text or by diagram, of the location of the real property that is the subject of the application.

C. It shall be the responsibility of the applicant to provide a complete list of all the names, addresses, and assessor's parcel numbers of all property owners within three hundred (300) feet of the property, including the owner of the subject property for which this application is filed. The list shall be taken from the most recent records of the Monterey County Assessor's Office.

(Ord. 3797, 1994)

Except as otherwise specifically provided, the provisions of each chapter of this Title shall apply to all subdivisions except that the provisions of Chapter 19.03 shall apply only to standard subdivisions; and the provisions of Chapter 19.04 shall apply only to minor subdivisions.

The provisions of this Title are mandated by the Subdivision Map Act are subject to change without notice or action by the County in the event the State Legislature amends the Subdivision Map Act. This Title will be periodically updated to reflect such changes.

A. This title does not enlarge, diminish, or alter the types of conditions which may be imposed by the Board of Supervisors on a development, nor in any way will diminish or alter the power of the County of Monterey to protect against a condition dangerous to the public health or safety.

B. The rights conferred by this Title shall relate only to the imposition by the County of conditions of requirements created and imposed by ordinances. Nothing in this Title removes, diminishes, or affects the obligation of any subdivider to comply with the conditions and requirements of any State or Federal laws, regulations, or policies and does not grant the County the option to disregard any State or Federal laws, regulations, or policies.

In carrying out the provisions of this Title, the appropriate decision making body shall consider the effect of ordinances and actions adopted pursuant to this Title upon the housing needs of the region in which the County is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

(Ord. 3797, 1994)

A. Whenever the County requires improvements for a division of land which is not a subdivision of five or more lots, such regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of such offsite and onsite improvements shall be noticed by a statement on the parcel map or record of survey.

B. Fulfillment of the construction requirements shall not be required until the time a permit or other grant of approval for development of the parcel is issued by the County or, until the time the construction of such improvements is required pursuant to an agreement between the subdivider and the County; provided, however, that in the absence of such an agreement the County may require fulfillment of such construction 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 appropriate decision making body that fulfillment of the construction requirements is necessary for either of the following reasons:

1. The public health and safety; or

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

(Ord. 3797, 1994)

A. When a subdivision is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder parcel that portion which is not divided for the purpose of sale, lease, or financing. The designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required.

B. For a designated remainder parcel described in Subdivision A, the fulfillment of construction requirements for improvements shall not be required until a permit or other grant of approval for development of the remainder parcel is issued by the County, or until the construction of the improvements is required pursuant to an agreement between the subdivider and the County. In the absence of that agreement, the County may require fulfillment of the construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel upon a finding by the appropriate decision making body that fulfillment of the construction requirements 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.

C. A designated remainder may subsequently be sold without any further requirement of the filing a parcel map or final map, but the County may require a certificate of compliance or conditional certificate of compliance.

(Ord. 3797, 1994)

When at least two-thirds of the owners of mobilehomes who are tenants in the mobilehome park sign a petition indicating their intent to purchase the mobilehome park for purposes of converting tenant-owned, condominium ownership interest, the requirement for a parcel map or a tentative and final map specified by Section 66426, shall be waived unless any of the following exist:

1. There are significant design or improvement requirements necessitated by health or safety concerns.

2. There is a need to perform field surveys on the exterior boundaries of the parcel or parcels appearing on the face of the map.

3. The existing lot or lots were not created by a recorded parcel or final map.

4. The conversion would result in the creation of additional parcels.

After the waiver application is deemed complete pursuant to Section 65943, the local agency shall approve or deny the application within sixty (60) days. The applicant shall have the right to appeal decision to the governing body of the local agency.

A. When an applicant for a discretionary land use entitlement under this Title has not submitted information, documents, or associated land use application fees requested by the County for a period of at least six consecutive months, the County in its discretion may follow the process outlined in this section to determine if the application is inactive.

B. Courtesy Notice Prior to Deeming an Application Inactive. Prior to deeming an application inactive, the Director of Planning shall mail a courtesy notice providing notice that the application will become inactive within thirty (30) calendar days of the date of mailing of the courtesy notice, unless the applicant takes one of the options outlined in the notice. The courtesy notice shall include the description of the proposed project and the outstanding information required and/or application fees required, if applicable. The courtesy notice, as well as further correspondence from the Director of Planning required by this subsection, shall be mailed to all of the following: the property owner as shown in the latest assessment roll; the applicant (if different from the owner); and the applicant's authorized agent, if any. The courtesy notice shall outline the options available to applicant as set forth in Subsection C below.

C. Options Available to Applicant Following Receipt of Courtesy Notice.

1. The applicant may withdraw his/her/its application in writing.

2. The application shall remain in active status if the applicant takes one of the following steps:

a. The applicant may submit the outstanding information (required information and/or outstanding application fees, as identified by the County in the courtesy notice) within no more than thirty (30) calendar days from the date of mailing of the courtesy notice together with such additional application fees as County may require to reactivate the application.

b. The applicant may request in writing within thirty (30) calendar days from the date of mailing of the courtesy notice that his/her/its application be kept active. Such written request shall be made to the Director of Planning with a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis. The Director of Planning shall review the written request and provide the applicant a written determination, approving or denying the request. If the Director of Planning grants the applicant's request, the written determination shall specify the additional time granted.

3. If a change of ownership of the property that is the subject of the application has occurred between the submittal of the application and the receipt of the courtesy notice, the new owner may reactivate the application only upon payment of such new application fees as identified in the courtesy notice, such update of the application as the County may require, and submittal of such outstanding information as County has identified. Change of ownership means a change of ownership as determined by the County Assessor pursuant to the California Revenue and Taxation Code.

D. Deeming an Application Inactive. The Director of Planning shall deem an application inactive if the applicant fails to submit the information and/or fees identified in the courtesy letter within the time allotted by that letter, or any extended time granted pursuant to Section 19.01.100.C.2, or if the Director of Planning denies a request by applicant pursuant to Section 19.01.100.C.2 to keep the application active.

E. Notice of Inactive Application.

1. After the Director of Planning has deemed an application inactive, the Director of Planning shall provide written notice to the property owner as shown in the latest assessment roll, the applicant (if different from the owner), and the applicant's authorized agent, if any, that the application has been deemed inactive. The notice shall include the description of the proposed project, the outstanding information required and/or application fees required. The notice shall outline the options available to the applicant as set forth in Subsection E.2 below and inform the applicant that if the applicant does not take one of the steps outlined in Subsection E.2 below, the application will be set for hearing with a recommendation of denial.

2. a.

The applicant may withdraw his/her/its application in writing within one hundred eighty (180) calendar days of the date of mailing of the notice of inactive application; or

b. The applicant within no more than one hundred eighty (180) calendar days from the date of mailing of the notice of inactive application may submit required information and/or outstanding application fees together with such additional application fees as County may require to reactivate the application

3. If after more than one hundred eighty (180) calendar days from the date of mailing of the notice of inactive application the applicant does not withdraw his/her/its application in writing or does not provide the required information and/or application fees, including a reactivation fee, staff will schedule the application for a public hearing by the Appropriate Authority with a recommendation of denial.

F. Action by Appropriate Authority.

1. The Appropriate Authority to hear inactive applications shall be the person, official, or body designated by Title 19 of the Monterey County Code as the Appropriate Authority to act on the type of permit that is the subject of the inactive application.

2. Notice of the public hearing on the inactive application shall be given pursuant to Section 19.01.055 of Title 19 (non-coastal) of the Monterey County Code.

3. The Appropriate Authority may deny the inactive application if the Appropriate Authority finds, based on substantial evidence, that the applicant has failed to provide complete or adequate information or failed to provide application fees required by the County to process the application.

G. Appeals. An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 19.16 of this Title.

H. Notwithstanding any other provision of this Section 19.01.100, if an inactive application for a subdivision or lot line adjustment is part of a combined development permit, the County shall process the inactive application in accordance with Chapter 21.77 of Title 21 of the Monterey County Code, excepting any application for a combined development permit that includes an application for a subdivision and that was deemed complete prior to the effective date of Ordinance No. 5235 adopting Section 19.01.100.

I. Exemption. This Section 19.01.100 shall not apply to any application for a subdivision, including any application for a combined development permit that includes a subdivision application, which was deemed complete prior to the effective date of Ordinance No. 5235 adopting Section 19.01.100.

(Ord. No. 5235, § 2, 4-1-2014)