Monterey County Municipal Code Ch. 19.05 Vesting Tentative Maps

A. Whenever a provision of this Title requires that a tentative map or tentative parcel map filed, a vesting tentative map may be filed instead.

B. When the appropriate decision making body approves or conditionally approves a vesting tentative map, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66474.2 of the State Map Act. However, if Section 66474.2 of the State Map Act is repealed, that approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

C. The appropriate decision making body may condition or deny a permit, approval, extension, or entitlement if it determines any of the following factors exist:

1. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2. The condition or denial is required, in order to comply with State or Federal law.

D. The rights conferred by this Section shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, the rights conferred by this Section shall be subject to the periods of time set forth in Section 19.05.010A and B of this Chapter.

(Ord. 3797, 1994)

A. The rights conferred by a vesting tentative map shall last for an initial time period of one year beyond the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one year initial time period shall begin for each phase when the final map for that phase is recorded.

The initial time period shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review, if the time used by the local agency to process the application exceeds thirty (30) days, from the date that a complete application is filed. Any time prior to the expiration of the initial time period provided by this Section, the subdivider may apply for a single, one-year time extension.

B. If the subdivider submits a complete application for a building permit during the periods of time specified in subdivision, the rights conferred by a vesting tentative map shall continue until the expiration of that permit, or any extension of that permit granted by the County.

A. This Chapter 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 Chapter shall relate only to the imposition by the County of conditions or requirements created and imposed by ordinances. Nothing in this Chapter 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.

If a subdivider does not seek the rights conferred by this Chapter, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

No application for a vesting tentative map shall be received for processing pursuant to this Chapter without payment of the required fees unless either the fees have been waived by resolution of the Board of Supervisors or the applicant is a public entity exempted from payment of such fees. Fees may be adjusted from time to time 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 shall be made on such forms.

(Ord. No. 5135, § 69, 7-7-2009)

The vesting tentative map shall be prepared in a manner acceptable to the Director of Planning. The vesting tentative map shall be clearly and legibly drawn and shall include not less than the following:

A. Title block located in the lower right corner of the map which shall contain the name "Vesting 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 southwall solar access and any other information pertinent to solar access. Structure 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 proposed 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 lot shall be indicated and shall be numbered consecutively.

5. Proposed recreation sites, trails and parks for private or public use and other dedicated or 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) 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 lots or unit 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 vesting tentative map requirements whenever the Director of Planning and Building Inspection it finds that the type of subdivision is such as not to necessitate compliance with these requirements, or that other circumstances justify such modifications.

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

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

(Ord. No. 5135, § 70, 7-7-2009)

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

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 Plan 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 vesting 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 vesting 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 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 on the list. Additional sets may be required if an application is continued or tabled by the appropriate approving authority.

I. Two copies of preliminary title report showing the legal owners at the time of submittal of the vesting 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.

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 the 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 soil 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 tests shall meet the standards of the Division of Environmental Health. The applicant shall also provide 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 three 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.

(Ord. 4082, 2000)

(Ord. No. 5135, § 71, 7-7-2009)

A. No vesting tentative map may be accepted for processing unless the map is consistent with the applicable general plan, area plan, coastal land use plan, master plan or specific plan.

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

C. Within ten (10) days of the filing of a vesting tentative map, the Director of Planning shall send a notice of the filing of the vesting 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 proposed units, proposed 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 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.

D. The Director of Planning shall forward copies of the vesting tentative map to affected departments, advisory agencies and other public agencies which may, in turn, forward to the Director of Planning and Building Inspection their findings and recommendations thereon within the time specified.

(Ord. No. 5135, § 72, 7-7-2009)

A. A proposed vesting tentative map subdivision 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 supplemental environmental impact report shall 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. If a negative declaration is adopted or an environmental impact report is certified by the appropriate decision making body for an application for a vesting tentative 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.

A. Upon completion of the required environmental documents, the Director of Planning shall refer the application to Technical Review for review and comment. Such action shall take place within the applicable time limits.

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

1. That the proposed map is not consistent with the 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 applicable general plan, area plan, coastal land use plan, master 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 type of improvements is 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 Planning Commission 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.

C. Action on Application.

1. The Planning Commission shall make a finding, based on substantial evidence, upon the recommendation of the Health Officer, pursuant to Section 19.03.015L, 19.05.040L, or 19.07.020K that the source capacity and water quality for all lots proposed to be created through the subdivision meets the requirements of all applicable health and safety regulations prior to approval of the standard subdivision tentative map, or vesting tentative map, or tentative parcel map.

2. The Appropriate Authority shall make a finding, based on substantial evidence, upon the recommendation of the Health Officer, pursuant to Section 19.03.015 that the source capacity and water quality for all lots proposed to be created through the subdivision meets the requirements of all applicable health and safety regulations prior to approval of the tentative parcel map.

3. The Planning Commission may approve a subdivision 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 Planning Department shall ensure that subsequent permits are conditioned upon incorporation of the recommended corrective action in the construction of each structure.

D. 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.

E. The Director of Planning shall transmit to the Public Works Department a copy of the approved vesting tentative map with a memorandum or resolution section forth the action.

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

(Ord. No. 5135, § 73, 7-7-2009; Ord. No. 5218, § 13, 6-28-2013)

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

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

B. 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.

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

The subdivider may, upon written application, request extension(s) of the vesting tentative map approval. Such application shall be filed with the Director of Planning sixty (60) days before approval is due to expire and shall state the reason(s) for the extension. The Planning Commission may grant an extension(s) not to cumulatively exceed three years for standard subdivisions. In the case of a vesting tentative map for a minor subdivision the Planning Commission may grant an extension(s) not to cumulatively exceed two years. Prior to the expiration of an approved or conditionally approved vesting tentative map, upon an application by the subdivider to extend the approval of the map, the map approval shall automatically be extended for sixty (60) days or until the extension is approved, conditionally approved, or denied, whichever occurs first.

(Ord. 3797, 1994)

(Ord. No. 5135, § 74, 7-7-2009)

A. Modifications to conditions or revision of an approved vesting tentative map may be considered by the appropriate decision making body upon application in writing by the subdivider provided:

1. No lots, units or building sites are added;

2. The changes are consistent with both the intent and spirit of the original vesting tentative map approval;

3. There are no resulting violations that affect Monterey County Codes; and

4. There will be no new significant adverse environmental effect from the change.

B. Any proposed modification(s) shall be indicated on the revised vesting tentative map or by a letter of request for any proposed modification of condition(s). Only the appropriate decision making body shall have the authority to render a final decision on the proposed modification. Any such approved modification shall not alter the expiration date of the vesting tentative map, and not relieve the burden of responsibility to complete all conditions of the tentative map.

C. For any proposed modification to any approved vesting tentative map or request for modification of conditions of the vesting tentative map, the subdivider shall pay a fee equal to one-fourth of the required filing fees for the vesting tentative map. The fee may be waived when the modification of the map or modification of conditions is initiated by the Board of Supervisors, advisory agencies or any other County agencies involved in the processing of vesting tentative maps.

D. Any proposed modification to an approved vesting tentative map other than a modification as described above shall be processed as an application for a new subdivision.

(Ord. 4082, 2000; Ord. 3797, 1994)

When a subdivider has demonstrated to the responsible department that conditions of the vesting tentative map including improvement plans have been satisfied and all required fees paid responsible department shall in writing notify the Public Works Department of the same. It shall be the duty of the County Surveyor to examine the checkprint of the parcel or final map as to the sufficiency of the affidavits, consents to the making thereof, certificates of dedications, acceptance of dedications, acknowledgments, corrections or surveying material, approval of any subdivision improvement agreement, written sign-off by the responsible department as to satisfaction of vesting tentative map conditions, and to notify the subdivider of any deficiencies or corrections.

The final or parcel map shall be prepared by or under the direction of a registered civil engineer 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 map and the requirements of this Code. The final or parcel map submitted shall be accompanied by a final or parcel map guarantee acceptable to the Director of Public Works in the favor of the County of Monterey showing all holders of record title interest and the nature of the interest. The final or parcel map must be filed prior to the expiration of the vesting tentative map. Unless otherwise provided by this Chapter, the procedures used by the County Surveyor for checking and processing final or parcel maps shall be in accordance with the procedures established for checking and processing final and parcel map as contained in Chapter 19.03 (Final Map) and Chapter 19.04 (Parcel Maps) of this Title.