Monterey County Municipal Code Ch. 19.04 Minor Subdivisions

A. The form and contents, submittal and approval of applications for tentative parcel map four or less parcels, and subdivisions of five or more parcels, each of which is a quarter section or forty (40) acres or larger, shall be governed by the provisions of this Chapter.

B. The appropriate decision making body may waive the parcel map requirement upon making the finding that the proposed subdivision complies with all requirements as to area, improvement and design, flood and storm water drainage control, approved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other applicable requirements of the Subdivision Map Act and this Title. In the event the parcel map requirement is waived, the appropriate decision making body may require that an instrument of waiver of parcel map be filed for record or that a record of survey be filed.

C. Except as provided under this Section, a parcel map shall not be required for: (1) subdivisions of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, which are created by short-term leases (terminable by either party on not more than thirty (30) days' notice in writing), or (2) land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates such a parcel map.

(Ord. 3797, 1994)

The tentative map parcel shall be prepared in a manner acceptable to the Department of Planning and shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents shall comply and be consistent with the requirements of Section 19.03.010.

(Ord. No. 5135, § 63, 7-7-2009)

The tentative map application shall be submitted to Department of Planning for review in accordance with the same provisions of Section 19.03.015.

(Ord. No. 5135, § 64, 7-7-2009)

The tentative parcel map shall be submitted to the Department of Planning for review and processing in accordance with the same provisions of Section 19.03.020.

(Ord. No. 5135, § 65, 7-7-2009)

A. A proposed tentative parcel map shall not be considered filed until it is first considered by the appropriate decision making body following public notice. The appropriate decision making body shall make its decision within fifty (50) calendar days after the tentative parcel map has been accepted as filed.

B. All minor subdivisions are subject to the provisions of this Section.

C. The Director of Planning is the appropriate decision making body to consider minor subdivisions unless the matter is referred to public hearing under Subsection 19.04.025.F. In such cases the Planning Commission is the appropriate decision making body to hear and consider minor subdivisions.

D. Public notice shall be provided pursuant to Section 19.01.055.

E. An appeal may be taken from the action of the appropriate decision making body pursuant to Chapter 19.16 of this Title.

F. A minor subdivision shall be referred to the Planning Commission for consideration at a public hearing if there is evidence of public controversy or public opposition to the proposed use or development. Such evidence includes, but is not limited to:

1. A staff recommendation for denial;

2. The applicant or applicant's representative requests, in writing, a public hearing;

3. Written request, based on a substantive issue, for a public hearing.

If a public hearing is required, it shall be noticed and conducted pursuant to the public hearing provisions of Section 19.01.055.

G. An application for a proposed tentative parcel map shall not be approved by the appropriate decision making body unless accompanied by an environmental recommendation. An environmental recommendation may include:

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 appropriate decision making body.

If the data is found to be inadequate, the appropriate decision making body shall reject the data and require that a new environmental impact report be prepared.

H. If a negative declaration is adopted or an environmental impact report is certified by the appropriate decision making body for a tentative parcel application map at a noticed public hearing, the application can also be considered for approval or denial at the same hearing; provided that all other requirements of the application have been met.

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

1. That the 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 the 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 easements, 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 the 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.

(Ord. 3797, 1994)

(Ord. No. 5135, § 66, 7-7-2009; Ord. No. 5218, §§ 10, 11, 6-28-2013)

A. Upon completion of the environmental documents, the Director of Planning shall set the matter for consideration by the appropriate decision making body which may approve, disapprove, or conditionally approve the tentative parcel map in conformance with standards set forth in the Subdivision Map Act and this Title. A tentative parcel map may not be denied without a public hearing before the Planning Commission. Such action shall take place within the applicable time limits of this Title.

B. The appropriate decision making body may approve a tentative parcel map where the soils investigation report discloses soils problems which, if not corrected, could lead to structural defects, if it determines that the engineer's recommended actions are likely to prevent structural damage to each structure to be constructed. The appropriate decision making body shall ensure that subsequent permits are conditioned upon incorporation of the recommended corrective action in the construction of each structure.

C. 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 appropriate decision making body may approve such subdivision on a two-thirds affirmative vote in conformance with Public Utilities Code Section 21676.

D. The appropriate decision making body, in approving a tentative parcel map to be created 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.

(Ord. 3797, 1994)

(Ord. No. 5135, § 67, 7-7-2009; Ord. No. 5218, § 12, 6-28-2013)

A. An approved tentative parcel 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 County following written request of the subdivider.

B. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map.

The subdivider may, upon written application, request extension(s) of the tentative parcel map approval. Such application shall be filed with the Director of Planning before approval is due to expire and shall state the reason(s) for requesting the extension. The appropriate decision making body may grant extension(s) not to cumulatively exceed two years or may deny an extension in the event the subdivision is no longer consistent with the general plan, area plan, coastal land use plan or specific plan, and zoning, or there is new information or substantial changes 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 be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.

(Ord. 3797, 1994)

(Ord. No. 5135, § 68, 7-7-2009)

The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall substantially conform to the approved or conditionally approved tentative parcel map and the requirements of this Chapter. The parcel map submitted shall be accompanied by a parcel map guarantee acceptable to County Counsel in the favor of the County of Monterey showing all holders of record title interest and the nature of the interest. The parcel map must be filed prior to the expiration of the tentative parcel map. Unless otherwise provided by this Chapter, the procedures used by the County Surveyor for checking and processing parcel maps shall be in accordance with the procedures established for checking and processing final maps pursuant to Chapter 19.03 of this Title. The parcel map itself shall be acted on by the Board of Supervisors.

A. The parcel map shall be legibly drawn, printed or reproduced by a process guarantee permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If the ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. In addition to tracings, four sets of paper prints shall be submitted.

B. The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly. The particular number of the sheet and the total number of sheets, and its relation to each adjoining sheet shall be clearly shown. The first sheet shall contain the title and number of the subdivision and if the map is a resubdivision.

C. Each lot or parcel shall be numbered or otherwise designated and shown entirely on the sheet.

D. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated.

E. The map shall show the location of each parcel and its relation to surrounding surveys. The location of a designated remainder parcel shall be indicated but need not be indicated as a matt survey but only by deed reference to existing record boundary of such remainder if the remainder has a gross area of five acres of more or if the parcel map will be filed by reference to record data only.

F. Where there are map sheets, each sheet shall bear the scale, legend, sheet number, number of sheets comprising the map and the basis of bearings.

G. The map shall show the floodway, floodway fringe and line of extreme high tide or coastal flood hazard area. Any area subject to periodic inundation by flood water shall be denoted by the words: "Subject to Inundation" in bold lettering.

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

A. A statement signed and acknowledged by all parties, with such exceptions as provided in the Subdivision Map Act, Government Code Section 66436, having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map, shall be required where dedications or offers of dedication are required. Where dedications or offers of dedication are not required, the certificate may be signed and acknowledged by the subdivider if the subdivider has a record title ownership. If the subdivider does not have a record title ownership, the subdivider shall provide satisfactory evidence that persons with record ownership have consented to the division.

B. A certificate by the registered civil engineer or licensed land surveyor responsible for the parcel map that the map was prepared by such person or under his or her direction was based either upon a field survey or compiled from record data as the case may be and is in accordance with the Subdivision Map Act and the provisions of this Chapter. The certificate shall also state at whose request the map was made, the date and that the map conforms to the tentative map, if any addition, the certificate shall state that all monuments are of the character and occupy the positions indicated that the monuments will be set on or before a specified date, and that the monuments are (or will be) sufficient to enable the survey to be retraced.

C. A certificate by the County Surveyor that the map conforms with the Subdivision Map Act and provisions of this Chapter.

D. A certificate by the County Recorder indicating the date of recordation of the parcel map. The certificate shall conform to Section 66464 of the State Map Act.

E. Any other certificate required by law or condition of the tentative map.

A. The subdivider shall submit the parcel map and parcel 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 parcel 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 parcel 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 parcel 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 may enter into an agreement with the subdivider guaranteed by the required security.

E. The Board of Supervisors shall, at the time of their acceptance of the parcel map, accept or reject any or all offers of dedication.

F. Upon the approval of any parcel 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 parcel map by the County Recorder shall automatically and finally determine the validity of such map, and when recorded shall impart constructive notice thereof.