Monterey County Municipal Code Ch. 19.03 Standard Subdivisions

A tentative and final map meeting the requirements of this Chapter shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street of highway and no dedications or improvements are required by the appropriate decision making body, or

2. Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway, or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the appropriate decision making body as to street alignments and widths, or

4. Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

A parcel map shall be required for those land divisions described in Section 19.03.005(1), (2) and (4).

The tentative map shall be prepared in a manner acceptable to the Director of Monterey County Planning Department by a registered civil engineer or licensed land surveyor and shall be submitted to the Planning Department and Building Inspection Department along with all the required fees. The tentative map shall be clearly and legibly drawn and contain the following:

A. Title block located in the lower right corner of the map which shall contain the name "Tentative Map" and the type of development proposed.

B. Name and address of legal owner, subdivider, and person preparing the map (including registration number if applicable).

C. Assessor's parcel number(s).

D. Date prepared, north arrow, scale one inch equals one hundred (100) feet and contour interval. The scale of the map may be varied by the Director of Planning if it is found that the project can be effectively illustrated at a different scale.

E. A vicinity map one inch equals two thousand (2,000) feet showing roads, towns, major creeks, railroads and other data sufficient to locate the proposed subdivision and show its relation to the community and the current surrounding land uses.

F. Existing topography of the proposed site, including but not limited to: The contour of the land at intervals of five feet of elevation up to five percent slope, or lesser contour intervals as may be approved by the Director of Planning. Contours shall be indicated on contiguous property for a distance of two hundred (200) feet. Every fifth contour shall be a heavier weight line.

G. The approximate location and height of major vegetation and existing structures on the property and on adjacent parcels which might affect solar access to the site(s) proposed for development. Applicants shall indicate how many of the housing units in the proposed subdivision have full south solar access and any other information pertinent to solar access. Structures and trees to be removed shall be so indicated.

H. The location of the floodway and/or floodway fringe boundaries as well as the approximate location of all areas subject to inundation or storm water overflow and the location, width and direction of flow of each water course.

I. The location, pavement and right-of-way width, grade and name of existing streets or highways.

J. The widths, location and type of all existing easements.

K. The location and size of existing sanitary sewers, water mains, and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. The location of existing overhead utility lines on peripheral County or private roads.

L. Proposed improvements shall be shown including but not be limited to:

1. The location, grade, centerline radius and arc length of curves, pavement and right-of-way width and pro posed name of all streets. Typical sections of all streets shall be shown as well as an indication if they will be offered for dedication.

2. The location and radii of all curb returns and cul-de-sacs.

3. The location, width and purpose of all easements.

4. The approximate lot layout and the approximate dimensions of each lot. The number of each shall be indicated and shall be numbered consecutively.

5. Proposed recreation sites, trails and parks for private or public use and other dedicated reserved areas.

6. Proposed common areas and areas to be dedicated to public open space common areas and open space parcels shall be indicated by letter designation.

7. The location and size of proposed sanitary sewers, water mains, and storm drains and stormwater detention ponds. Proposed slopes and approximate elevations of sanitary sewers and storm drains shall be indicated.

8. Approximate location of all rivers, watercourses drainage channels, drainage structures and reservoirs.

M. A subdivider's statement describing the existing and proposed use(s) or uses of the property.

The subdivider's statement shall contain the following information and shall be on the face or first sheet of the tentative map or a separate statement to be included with the application.

1. Existing zoning and proposed uses of the land;

2. Measures proposed regarding erosion control;

3. Proposed source of water supply and name of water system, method of sewage disposal and the name of sewage utility system if sewered;

4. Indicate type of tree planting or removal proposed;

5. Proposed public areas to be dedicated and common area or scenic easements proposed. If common areas are proposed method of maintenance shall be stated;

6. Proposed height of all structures;

7. Proposed type development of the lots or units and whether they are for sale as lots or fully developed units.

N. The name or names of any geologists or soils engineer whose services were required in the preparation of the design of the tentative map.

O. If the subdivider plans to develop the site as shown on the tentative map in phases, a description of the proposed phases.

P. The Director of Planning may modify any of the foregoing tentative map requirements whenever the Director of Planning finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such modifications.

(Ord. No. 5135, § 59, 7-7-2009)

The tentative map shall be accompanied by the following data or reports:

A. Appropriate numbers of copies of a completed subdivision application as prescribed by the Director of Planning.

B. Appropriate number of copies of the tentative map. All maps shall be folded to an approximate size of eight and one-half inches by eleven (11) inches. If multiple pages, the maps shall also be stapled and collated.

C. Two copies of a slope density analysis map of the proposed project that shows the following slope categories and a tabulation of the total area (acres or square feet) within each category as specified by the Monterey County General Plan and any amendments to the Plan including Coastal Land Use Plans as certified by the State of California. The categories for the Countywide General Plan are as follows: 0—19.9 %, 20—29.9 %, and 30 % +. The following categories shall apply to the Big Sur Land Use Plan area east of State Highway 1; under 15 %, over 30 %. The map shall be of the same scale of the tentative map.

D. Two copies of a slope analysis map indicating all areas greater than twenty-five (25) percent slope (North County Land Use Plan Area only). The map shall be the same scale as the tentative map.

E. One transparency of each page of the tentative map (maximum size: eight and one-half inches by eleven (11) inches).

F. A photocopy of the Assessor's parcel page(s) showing the parcel involved and parcels within three hundred (300) feet of the subject property. Applicants must indicate on the assessor's map which parcels are included on the list of property owners.

G. A list of the names, addresses, and assessor's parcel numbers of all property owners within three hundred (300) feet of the property, including the parcel proposed for subdivision. The list shall be taken from the most recent records of the Monterey County Assessor.

H. Three sets of pre-addressed stamped envelopes with no return address, to all property owners shown of the list. Additional sets may be required if an application is continued or tabled by the appropriate hearing body.

I. Two copies of preliminary title report showing the legal owners at the time of submittal of the tentative map application.

J. Three copies of a preliminary soils report by a registered civil engineer based upon adequate test borings. If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the Director of Planning may require a soils report investigating each lot within the subdivision. This soils investigation report shall recommend corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exist as well as precautions required for erosion control and prevention of sedimentation and damage to adjacent property. The Director of Planning may review the preliminary soils report and may require additional information or reject the report it is found to be incomplete, inaccurate, or unsatisfactory.

K. If sewage disposal for the proposed subdivision will be provided by a public or private entity, a letter or document shall be submitted from the entity to the Division of Environmental Health and Director of Planning stating that the entity can and will serve the proposed subdivision. The public entity must comply with all State and County allocation and capacity requirements. The letter or document shall also state the expiration date of such a commitment. In the event that an individual sewage disposal system will be utilized, preliminary percolation testing and profile analysis shall be required to be submitted along with a tentative map application. The report shall analyze at least one soil profile analysis test per lot and one percolation test hole per two lots. Soil profile analysis may be reduced if conformity to a given soil type can be established. The report submitted shall demonstrate the feasibility of the proposed lot design and density and shall address nitrate loading of subsoil surfaces when septic systems are proposed. The soil tests and percolation shall meet the standards of the Division of Environmental Health. The applicant shall also provide evidence proof that sewage disposal systems, both individual and package, for all lots which are proposed to be created through subdivision will not exceed nitrate and chemical loading levels in aquifers pursuant to the Regional Water Quality Control Basin Plan. If wastewater reclamation is proposed for a subdivision, the reclamation system must comply with the Basin Plan and the California Administrative Code subject to the review of the Director of Environmental Health.

L. Water Supply and Nitrate Loading Information.

1. Initial Water Use and Nitrate Loading Impact Questionnaire.

A. An application shall be preceded or accompanied by a completed Initial Water Use and Nitrate Loading Impact Questionnaire. The Health Department shall be the lead agency in determining the adequacy of information in the completed Initial Water Use Questionnaire and the Health Officer shall request, coordinate and consider recommendations from the appropriate water management agency serving the area of the proposed development. Any determination made by the Health Officer pursuant to this Section shall be subject to any and all appeal provisions contained in Chapter 19.17 of the Monterey County Code (Appeals to Administrative Interpretations of the Subdivision Ordinance) as may be amended from time to time.

1. The Questionnaire shall be accompanied by a location map; a to-scale site plan showing the entire parcel and proposed and existing structures, roads, land use, landscaping, wells and water lines, and hydrologic and drainage features. The Questionnaire shall be accompanied by written verification of legal water rights to the quantity of water necessary to assure an adequate and reliable drinking water supply. Verification of legal water rights shall include, but shall not be limited to the following forms of documentation: (a) a Condition of Title Report, prepared by a Title Company at the applicant's expense, shall accompany the Questionnaire and, any and all supporting documentation to indicate whether legal water rights have been subordinated and/or severed, must be included; (b) information that describes the legal basis and authority for diversion or extraction of water; (c) if groundwater is being pumped from a groundwater basin that has not been adjudicated, a statement to that effect is sufficient documentation to satisfy this requirement; (d) if the source of water is subject to permit requirements under the State Water Resources Control Board (SWRCB), a copy of the water rights permit must be included.

2. The Questionnaire shall include a description of how water is currently supplied and how it will be supplied to the proposed development; and a quantification and documentation of all existing and proposed water usage including water usage for residential, industrial, commercial, landscaping and other vegetated areas. This description shall also identify potential changes in water usage as a result of changes in land use and zoning.

3. The Questionnaire will detail the project's proposed sewage, wastewater, agricultural, and landscaping components. If it is determined by the Health Officer, from the Questionnaire, that the project has the potential to adversely affect the groundwater quality in the project's vicinity, additional nitrate loading information shall be provided to the Health Officer as described in Paragraph 3 of this Subsection and will be required at the applicant's expense. The applicant shall be informed in writing of the Health Officer's determination, the issues to be addressed to cure the inadequacies, and whether a Comprehensive Hydrogeologic Report will be required prior to the application being deemed complete.

The Health Department shall be the lead agency in determining the nitrate loading produced by a proposed project and in evaluating the potential public health and safety threats of the nitrate loading on the water source for the proposed project and other potable water supplies in the affected area.

B. Evaluation and Determination. After reviewing the Initial Water Use Questionnaire, the Health Officer shall determine whether existing hydrogeological investigations can be incorporated by reference to cover all or some of the pertinent issues.

1. If the Questionnaire identifies an intensification of water use, a determination shall be made by a hydrogeologist under contract to the County as to the requirement for any additional water resources information. If an intensification is determined to be "de minimis" by the hydrogeologist, then the requirement for additional water sources information may be waived. "De minimis" shall be defined consistent with the California Environmental Quality Act (CEQA) of the California Public Resources Code, and related State law and regulations, as may be amended from time to time.

2. If baseline water resource information in the area of the proposed development is determined to be inadequate, a comprehensive hydrogeologic investigation that meets the specified requirements outlined in Paragraph 3 of this Subsection will be required at the applicant's expense. The applicant shall be informed in writing of this inadequate determination, the issues to be addressed to cure the inadequacies, and whether a Comprehensive Hydrogeologic Report will be required prior to the application being deemed complete.

3. If adequate baseline information is available in the form of a prior hydrogeologic investigation, then only a project specific hydrogeologic report shall be required. The hydrogeologic report shall consist of background information from approved prior investigations and shall be updated to incorporate the hydrogeologist's findings and conclusions about impacts of the proposed development into the findings and conclusions of the prior investigations. The Health Officer shall approve the choice of which prior hydrogeologic investigation is selected to provide the baseline information.

4. If any hydrogeologic or hydrogeologic reports are deemed necessary, the County will notify the applicant in writing, and the County will contract directly with qualified consultants, at the applicant's expense, pursuant to Paragraph 3, Comprehensive Hydrogeologic Investigation, below.

5. Evaluation of Public Health and Safety Impacts. The source of water within the project boundaries which are to provide groundwater or surface water for the lots shall be evaluated for potential public health and safety impacts. The Monterey County Health Department shall be the lead agency in determining the adequacy of the proposed project's water supply, and in evaluating the health and safety threats to the supply.

Prior to an application being deemed complete, the following information shall be required depending on the water supply proposed:

A. For Individual Wells: a minimum of one well will be needed meeting the following standards:

1. A chemical analysis on the well(s) as per Chapter 15.04, Monterey County Code,

2. Witnessed and documented well production information proving a sustained minimum of 3 GPM for each of the lots proposed,

3. Copy(ies) of the Well Driller's Log(s),

4. Provide written documentation, as necessary, that no other reasonably available water source can physically and legally serve the project.

B. For Two to Four Connection Water System:

1. A chemical analysis as per Chapter 15.04, Monterey County Code,

2. Well production information meeting the minimum flow requirements as per Chapter 15.04, Monterey County Code,

3. Copy(ies) of the Well Driller's Log(s),

4. If applicable, a can and will serve letter from the owner/operator of the water system,

5. Provide written documentation, as necessary, that no other reasonably available water source can physically and legally serve the project.

C. For Five to Two Hundred (200) Connection Water System:

1. A chemical analysis as required per Title 22, Chapter 15, California Code of Regulations,

2. Well production information meeting the minimum flow requirements as per Title 22, Chapter 15, California Code of Regulations,

3. Copy(ies) of the Well Driller's Log(s),

4. If applicable, a can and will serve letter from the owner/operator of the water system,

5. Provide written documentation, as necessary, that no other reasonably available water source can physically and legally serve the project,

6. Evidence demonstrating how compliance with California Health and Safety Code, Section 116540 regarding technical, managerial, and financial capacity will be achieved.

D. For Public/Municipal Water System (over two hundred (200) connections); a "can and will serve" letter from the owner/operator of the water system.

3. Comprehensive Hydrogeologic Investigation.

A. Prior to an application being deemed complete, a hydrogeologic report based on a comprehensive hydrological investigation shall be prepared by a certified hydrogeologist, selected by the County and under contract with the County, at the applicant's expense, if required by this Section. At least one copy shall be placed in the Planning Department file for the Subdivision Application. The Health Department, the Monterey County Water Resources Agency, and the appropriate water management agency serving the area of the proposed development, shall also receive a copy of the hydrogeologic report required by this Section. The report shall be reviewed by the Health Officer and the Health Officer. If necessary, the Health Officer shall solicit recommendations from the appropriate water management agency serving the area of the proposed development.

B. After review of the hydrogeologic report, the Health Officer may require that the report be revised to include additional information or assessment, as deemed necessary to clarify, amplify, correct, or otherwise supplement the report, or as recommended by another water management agency. A third party review, at the applicant's expense may also be required by the Health Officer.

C. The hydrogeologic report shall contain the following elements:

1. Summary. The summary shall include a condensed version of the hydrogeologic report, the conclusions of the author, and any mitigation measures.

2. Introduction. The introduction shall contain the purpose and scope of the proposed project, along with its location and areal extent. A description of the existing site including to-scale site plans showing existing structures and landscaping, roads, land use, wells, and water lines.

3. Site Description. A description of the proposed project including to-scale site plans showing proposed building foot prints and landscaping, streets and roads, water supply, sewage disposal, and stormwater runoff facilities.

4. Hydrogeologic Setting. The topography, geology, recharge area, and soils of the proposed project site shall be discussed along with any groundwater exploration programs undertaken in the area.

5. Hydrometeorologic Setting. The historic rainfall and evapotranspiration shall be quantified. Include an isohyetal map and a discussion of any long-term fluctuations.

6. Surface Water Resources. This Section shall include discussion of and a map showing all watershed and drainage features. Any wetlands shall be identified and the impacts of the proposed project on them shall be discussed. Any streamflow shall be quantified along with a discussion of the water quality. A discussion of the stormwater drainage caused by the proposed project's impervious surfaces and how it will be controlled shall be included. An analysis of the potential for the beneficial use of captured stormwater shall be included.

7. Groundwater Resources—Four items shall be quantified and discussed in this Section as follows:

a. Hydrogeologic environment shall include aquifer identification and characterization, groundwater basin delineation, well yields, and a characterization of soils.

b. Groundwater levels and flow shall include a discussion of groundwater levels, a groundwater contour map, and a discussion of any seasonal and/or long-term fluctuations. This Section shall also include a discussion of the recharge areas and the amount of recharge shall be quantified using monthly time-step methodology. It shall also evaluate the impact of pumping on neighboring wells.

c. Groundwater in storage shall be quantified by discussing the amount of groundwater in storage and the amount that can be recovered.

d. Groundwater quality shall be discussed and any impacts on the groundwater by the proposed project shall be discussed and mitigation measures listed.

8. Water Demand. The current water use for the site shall be described, quantified and documented. The projected water demand for the proposed project shall be described and quantified (show source of information and method of calculations).

9. Water Balance. Discuss and calculate the water balance for the proposed project using monthly time-step methodology. The groundwater recharge shall include groundwater inflow plus the average precipitation minus evapotranspiration, runoff or streamflow, and soil moisture demands. The net groundwater recharge minus the existing demand and proposed project water demands equals change in storage. The report shall identify the long-term safe yield of the aquifer and the long-term source of water for the proposed project.

10. Nitrate Balance. Discuss and calculate the nitrate balance for the proposed project. The source of any nitrate contamination should be included along with the effects of the proposed project on the nitrate balance. Calculated nitrate levels shall be compared to actual levels.

11. Mitigation Measures. This Section should analyze project-caused water quality impacts and water quality impacts, in addition to impacts of the individual project when viewed in connection with the corresponding effects of other past, current, and reasonably likely future projects, and recommend mitigation measures that will lessen the proposed project's water quality impacts and water quality impacts, and also the project's effects on riparian resources.

12. Conclusions. The author's conclusions as to the adequacy of water for the project in terms of quality, quantity, and assured long term water supply, and the effect(s) of the project on the groundwater of the area.

13. References.

14. Appendices.

15. Additional Information. Such other information as the Health Officer may specify, identify, or request following the assessment of the Initial Water Use and Nitrate Loading Questionnaire.

M. Three copies of a detailed geological report prepared in conformance with California Division of Mines and Geology standards, that addresses seismic hazards, faulting, slope stability and liquefaction potential and contains measures recommended by the geologist for any geologic hazards that are shown as a result of the report. The report shall be prepared by a California registered geologist. The report shall be subject to the approval of the Director of Planning. In the case of a minor subdivision, a preliminary geologic report shall be required when it is determined that the subject project lies within a zone IV to VI geologic hazard.

N. Two copies of an archaeology report prepared by a certified archaeologist (SOPA, Society of Professional Archaeologists) where the proposed project is located in a "moderate or high sensitivity archaeologic zone as shown on an Archaeological Sensitivity Map of the General Plan, Area Plan or Coastal Land Use Plan.

O. In the event the proposal is for the conversion of a mobile home park to another use, a report as prescribed by Government Code Section 66427.4 shall be submitted to address the impact of conversion upon displaced residents of the mobile home park to be converted.

P. A description of prior development activity on the site such as the removal of any vegetation, grading, etc. which may affect the proposed subdivision.

Q. Other data or information necessary to complete processing the map and environmental documents.

(Ord. 4082, 2000; Ord. 3855, 1996)

(Ord. No. 5135, § 60, 7-7-2009)

A. Within thirty (30) days of the receipt of an application by a subdivider, the Director of Planning shall determine in writing whether the application is complete and forward the determination to the subdivider. If the application is determined to be incomplete, the Planning Director shall inform the subdivider of the additional information required or procedure by which application can be made complete. If the Director of Planning fails to make such determination within thirty (30) days, the application shall be deemed complete.

B. Tentative map approval can only be based on standards in effect when application is complete; exceptions:

a. Except as otherwise provided in Subdivision b or c, in determining whether to approve or disapprove an application for a tentative map, the local agency shall apply only those ordinances, policies, and standards in effect at the date the local agency has determined that the application is complete pursuant to Section 65943 of the Government Code.

b. Subdivision a shall not apply to a local agency which, before it has determined an application for a tentative map to be complete pursuant to Section 65943, has done both of the following:

1. Initiated proceedings by way of ordinance, resolution, or motion.

2. Published notice in the manner prescribed in subdivision (a) of Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances.

A local agency which has complied with this Subdivision may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the data the local agency approves or disapproves the tentative map.

c. If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards ad pursuant to the applicant's request shall apply.

C. Within ten (10) days prior to the public hearing for a tentative map, the Director of Planning shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density and other information which would be relevant to the affected school district. The governing board of the school district may comment on the proposed subdivision within twenty (20) working days of the date on which would be relevant to the affected school district. The governing board of the school district may comment on the proposed subdivision within twenty (20) working days of the date on which notice is mailed pursuant to the requirements. Failure of any such school district to comment within the twenty (20) working day period shall be deemed to recommend approval without comment on the proposed subdivision.

(Ord. No. 5135, § 61, 7-7-2009)

A. A proposed tentative subdivision map shall not be approved by the Planning Commission unless accompanied by an environmental recommendation. An environmental recommendation includes:

1. A prepared negative declaration accompanied by an environmental initial study; or

2. A circulated draft environmental impact report; or

3. Data supplementing a previously certified environmental impact report. The data for a supplemental environmental impact report shall be determined as adequate or inadequate by the Planning Commission. If the data is found to be inadequate the Planning Commission shall reject the data and require that a new environmental impact report be prepared.

B. After the application has been accepted, the Director of Planning shall forward copies of the tentative map application to affected departments, committees and public agencies or their consultants which shall in turn, forward to the Director of Planning their findings, recommendations and proposed conditions.

C. Staff shall conduct a Technical Review to consider the proposed development and to review or recommend proposed findings, recommend conditions of approval, or recommend disapproval to the Planning Commission.

D. The Director of Planning shall set the matter for public hearing before the Planning Commission to review and consider the proposed development. The matter shall not be set for hearing until the Technical Review has been conducted. The Planning Commission may approve or deny, in whole or in part, the proposed development with appropriate findings, evidence and conditions.

E. The Board of Supervisors shall be the appropriate decision making body for any appeal from the decision of the Planning Commission.

F. A tentative map may be denied on any grounds provided by law. A tentative map shall be denied if any of the following findings are made:

1. That the proposed tentative map is not consistent with the applicable general plan, area plan, coastal land use plan or specific plan.

2. That the design or improvement of the proposed subdivision is not consistent with General plan, area plan, coastal land use plan, or specific plan.

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 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 easement acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the appropriate decision making body 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 easements of record or to easements established by judgment of a Court of competent jurisdiction and no authority is hereby granted to a decision making body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

8. That the subdivision fails to meet any of the requirements or conditions imposed by the Subdivision Map Act or this Title.

G. The Planning Commission may approve a subdivision or project where the soils investigation report discloses soils problems which, if not corrected, could lead to structural defects, when it is determined that the engineer's recommended actions are likely to prevent structural damage to each structure to be constructed. The Planning Commission shall require that subsequent permits are conditioned upon incorporation of the recommended corrective action in the construction of each structure.

H. In the event the Airport Land Use Commission has determined that the proposed subdivision is inconsistent with the airport land use plan and would be harmful to the airport and adjacent area, the Planning Commission may approve such subdivision or project on a two-thirds affirmative vote in accordance with Public Utilities Code Section 21676.

I. In the event the Planning Commission proposes to disapprove or approve at a lower density housing development project which is in compliance with the applicable plans, zoning and development policies in effect at the time the project's application was determined to be complete, the Planning Commission shall make written findings based upon substantial evidence in the record that both of the following conditions exist:

1. The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project developed at a lower density.

2. There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified other than disapproval of the housing development project or approval upon condition that the project be developed at a lower density.

J. The Planning Commission in approving a subdivision from the conversion of a mobile home park to another use shall conform to Government Code Section 66427.4 as amended from time to time.

K. If a negative declaration is adopted or an environmental impact report is certified by the Planning Commission for a tentative map application at a noticed public hearing, the application can be considered for approval or denial at the same hearing, provided that all other requirements of the application have been met.

L. The Director of Planning shall transmit to the County Surveyor a copy of any approved tentative map along with the resolution approving the same.

(Ord. 4082, 2000; Ord. 4037, 1999; Ord. 3855, 1996; Ord. 3797, 1994)

(Ord. No. 5135, § 62, 7-7-2009; Ord. No. 5218, §§ 8, 9, 6-28-2013)

A. An approved tentative map shall expire twenty-four (24) months after its approval, subject to the following exceptions:

1. If a development moratorium has been imposed, the provisions of Government Code Section 66452.6 shall govern.

2. If litigation involving the approval of the tentative map has been filed and a stay of such time period is approved by the Board of Supervisors following written request of the subdivider.

B. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no final map of all or any portion of the real property included within such tentative map should be filed without first obtaining approval for a new tentative map. Once a timely filing is made, subsequent actions of the County including, but not limited to, processing, approving, and recording, map lawfully occur after the date of expiration of the tentative map. Delivery to the County surveyor shall be deemed a timely filing for purposes of this Section.

The subdivider may, upon written application, request extension(s) of an approved tentative map. Such application shall be filed with the Director of Planning and Building Inspection sixty (60) days before the map is due to expire and shall state the reason(s) for requesting the extension. The Planning Commission may grant an extension(s) not to cumulatively exceed three years. The Planning Commission may deny the extension in the event the subdivision is no longer consistent with the general plan, area plan, coastal land use plan, specific plan, or zoning, or where there is new information or a substantial change in circumstances which would have affected the original approval. Prior to the expiration of an approved or conditionally approved tentative map upon an application by the subdivider to extend that map, the map approval shall automatically extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(Ord. 3797, 1994)

The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor so authorized by his or her enabling acts and shall be based on a survey, and substantially conform to the approved or conditionally approved tentative map and the requirements of the Subdivision Map Act and this Title. Multiple final maps relating to an approved or conditionally approved tentative map may be filed provided that the subdivider either informed the Board of Supervisors of the subdivider's intention to file such multiple final maps at the time tentative map was filed or after filing the tentative map the Board of Supervisors and subdivider concurred in the filing of multiple final maps.

A. The final map shall be clearly and legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth of good quality, or on polyester base film which has at least one side matte. Where ink is used, it shall be black waterproof opaque India ink and shall be on a matte side of film. Typewriting or rubber stamps, except notarial seals, shall not be used on final maps submitted for recording. Where ink is used on polyester base film, the surface shall be coated with a suitable substance to assure permanent legibility. The map shall be so made and shall be in such condition when filed that good legible copies, positive or negative, can be made therefrom. In addition to the tracings, four sets of paper prints shall be submitted.

B. The size of the map sheets shall be eighteen (18) by twenty-six (26) inches. A marginal shall be drawn completely around each sheet leaving an entirely blank margin of one inch. The of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end.

C. The boundary of the tract shall be designated by a border applied to the reverse side of the tracing. Such border shall not interfere with the legibility of figures or other data.

A. The title sheet shall contain the title, consisting of the tract number and the name of the tract, if any. Such names shall not be the same as the name of any existing city, town, tract or subdivision of land into lots in this County, of which a map or plat has been previously recorded, or so nearly same as to mislead the public or cause confusion as to the identity of the tract. If any of the being subdivided has been previously shown on a recorded map, a subtitle referring to such recorded map shall also be shown on the title sheet. If the property included within the subdivision lies wholly in unincorporated territory, the following words shall appear below the title: "In the County of Monterey"; if partly in unincorporated territory and partly within an incorporated city, the following words shall be used: "Lying within and adjoining the City of ___________". Reference to tracts and subdivisions in the description shall be worded identically with original records reference to book and page of record shall be complete. The assessor's parcel number shall appear in the lower right hand corner.

B. Every sheet of the final map shall bear the scale, north point, sheet number and number of sheets comprising the map.

C. The basis of bearings shall be clearly noted on the final map.

D. Maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously so designated as "Reversion to Acreage"; maps filed for the purpose of resubdivision shall be conspicuously so designated "Resubdivision".

E. When a soils report and/or geologic report or other reports have been prepared specifically for the subdivision, such fact shall be noted on the final map together with the location where the report(s) are on file for public inspection.

F. The map shall show the location of each parcel and its relation to surrounding surveys. Parcels shall be numbered and shown entirely on one sheet. Remainders may be indicated on deed reference to existing record boundaries and not as a matter of survey if the remainder has a gross area of five acres or more.

G. The final map shall show the floodway, floodway fringe and the line of coastal flood hazard if the subdivision is adjacent to rivers, streams or tidewater areas. Any area subject to periodic inundation by flood water shall be denoted by the words: "Subject to Inundation" in bold lettering.

H. Lots in tracts containing more than one block may be numbered for clarity, in which case lots shall be numbers in numerical order, commencing with the number "1" with no omissions or duplications. If possible, each block shall be shown entirely on one sheet. In the event of multiple final maps, numbering shall be continuous.

I. The center and sidelines of all streets, the total width of all streets, the width of the portion being dedicated and the width of existing dedications, the width each side of the centerline, and the width of railroad rights-of-way appearing on the map. All streets shall be named as approved by the advisory agency.

J. The sidelines of all easements to which the lots are subject. Easements shall be clearly labeled and identified if already of record, their recorded reference given. If any easement is not definitely located of record, a statement of such easement shall appear on the title sheet. Easements for drain sewers and other purposes shall be denoted by fine dotted lines. Building lines shall be indicated by dashed lines. Distances and bearings on the sidelines of lots which are cut by an easement shall be arrowed or so shown that the map will indicate clearly the actual lengths of the lot lines. The width of the easement and sufficient lengths and bearings of the line thereof to definitely locate the easement with respect to the lot lines shall be shown. If the easement is being dedicated by map, it shall be properly set out in the owner's certificate of dedication. All notes or figures pertaining to the easement shall be legible.

K. All parcels intended for sale or reserved for private purposes, all parcels offered for dedication for public purposes and any private streets which have been permitted, with all dimensions, boundaries and courses, shall be clearly shown and defined in every case.

L. In the event that an owner's development lien has been created pursuant to Education Code Sec. 39327, a note shall be placed on the face of the final map specifically referring to the book and page in the County Recorder's Office in which the resolution creating the owner's development lien was recorded. The notice shall meet the requirements of Government Code Sec. 66434.1.

M. All other data required by law or approval of the tentative map shall be shown on the final map.

A. Whenever the County Surveyor has established a system of coordinates, the survey shall be tied to such system. Until such time as the coordinate system is established, the survey shall be tied to one of the following: a recorded subdivision, a recorded survey, a section corner or section corner of record, or County or city survey monuments. The map shall show clearly what stakes, monuments, or other evidence was found on the ground to determine the boundaries of the tract and the ties thereto. The adjoining corners of all adjoining subdivisions shall be identified by lot numbers, if any, tract name and place of record, or by section, township and range, or other proper designation.

B. All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing on the final map shall be shown including bearings and distances of straight lines and radii and arc length or cord bearings and lengths of all curves as may be necessary to determine the location of the centers of curves shall be shown and ties to existing monuments used to establish the subdivision boundaries. Dimensions of lots shall be given as to net dimensions to the boundaries of adjoining streets and shall be shown in feet and hundredths of feet. No ditto marks shall be used.

C. Whenever the County Surveyor or a city engineer has established the centerline of a street the data shall be shown on the final map, indicating all monuments found and making reference to a filed document or map. If the points were reset by ties, that fact shall be stated.

The following statements, certificates and acknowledgments set out below and all others required by law shall appear on the final map. The County Surveyor may require that the statement, certificate or acknowledgment be made by separate instrument in which case a reference shall be made on the final map to the separately recorded document.

A. A certificate signed and acknowledged by all parties, having any recorded title interest in the real property to be subdivided, consenting to the preparation and recordation of the final map offering for dedication all interests in real property specified for public use. With such exceptions as provided in Government Code Section 66436.

B. A statement by the civil engineer or licensed land surveyor responsible for the survey and final map. Such certificate shall give the date of the survey, state that the survey and final map were made by him or her or under his or her direction, and that the survey is true and complete as shown. The statement shall also state that all the monuments are of the character and occupy the position indicated, or that they will be set in such positions on or before a specified later date. The statement shall also state that the monuments are, or will be, sufficient to enable the survey to be retraced. The signature of the engineer or surveyor shall be attested unless accompanied by the engineer's or surveyor's seal.

C. A statement for execution by the County Surveyor and the Secretary to the Planning Commission which shall state that he or she has examined the map, that the subdivision as shown is substantially the same as it appeared on the tentative map and any approved alterations thereof, all provisions of this Chapter and the Subdivision Map Act applicable at the time of approval of the tentative map have been complied with and that he or she is satisfied that the map is technically correct.

D. A statement for execution by the County Recorder stating that the body approved the map and accepted, accepted subject to improvement, or rejected on behalf of the public any real property offered for public use in conformity with the offer of dedication and approval of any required security to guarantee payment of tax liens.

E. A statement for execution by the County Recorder indicating the date of recordation of the final map. The certificate shall conform for the provisions of Section 66464 of the State Map Act.

The following data shall accompany the final map when submitted to the County Surveyor for checking:

A. A subdivision guarantee in favor of the County of Monterey showing all holders of record title interest, and the nature of the interest(s).

B. A tax certificate and security, if necessary, to cover taxes and assessments against the property which are a lien but which are not yet payable.

C. Any necessary subdivision improvement agreement approved in form by County Counsel, signed by the subdivider and all required security.

D. A statement from the agency providing any public water supply that all improvements required by the agency have been or will be installed in accordance with the standards established by this Title, together with information as to the source and adequacy of the supply.

A. The subdivider shall submit the final map and final map documents with the County Surveyor for checking and approval at least thirty (30) days prior to the meeting of the Board of Supervisors.

B. After the final map has been checked by the County Surveyor, the subdivider or his or her designee shall make any necessary corrections as directed and return the final map with all certificates executed, together with the necessary prints and any required security, to the County Surveyor by noon of the Tuesday preceding the meeting of the Board of Supervisors at which consideration of the map is desired.

C. When all the statements, certificates and acknowledgments which appear on the final map, except the approval certificates of the Board of Supervisors, have been signed, the County Surveyor shall forward the final map to the Clerk of the Board for action by the Board of Supervisors. The Board of Supervisors shall, at the meeting at which it receives the map or at its next regular meeting after the meeting at which it receives the map, approve such map if it conforms to all the requirements of the Subdivision Map Act and the provisions of this Chapter.

D. In the event that all improvements required by law or conditions imposed upon the approval are not completed, the Board of Supervisors shall enter into an agreement with the subdivider guaranteed by the required security.

E. The Board of Supervisors shall, at the time of its actions on the final map, accept or reject any or all offers of dedication.

F. Upon the approval of any final map, and after the signatures and seals have been affixed Clerk of the Board of Supervisors shall transmit the map to the office of the County Recorder who shall, if the map is found to be in proper order, record the same upon payment of the required fee and presentation of a title guarantee by the subdivider. The filing for record of a final map by the County Recorder shall automatically and finally determine the validity of such map, and when recorded shall impart constructive notice thereof.