Monterey County Municipal Code Ch. 19.07 Preliminary Project Review Subdivision Maps in Residential Allocation…

Applicants for subdivision shall be required to follow the preliminary project review procedure prior to submittal of a tentative subdivision map or tentative parcel map application.

The purpose of the request for the preliminary project review map is to provide a means of review and scoring of the proposed subdivision by the Citizen's Subdivision Evaluation Committee (CSEC).

The preliminary project review map shall be prepared in a manner acceptable to the Monterey County Planning Department by a registered civil engineer or licensed land surveyor shall be submitted with to the Monterey County Planning Department along with all required fees. The preliminary project review 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 "Preliminary Project Review 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, rivers, 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 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 each 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.

9. Any proposed landscaping of the project.

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 preliminary project review 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 preliminary project review map.

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

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

(Ord. No. 5135, § 75, 7-7-2009)

The preliminary project review 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 Preliminary Project Review 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. The categories for the Countywide General Plan are as follows: 0—19.9 %, 20—29.9 %, and 30 % +. The map shall be of the same scale of the preliminary project review map.

D. One transparency of each page of the preliminary project review map (maximum size: eight and one-half inches by eleven (11) inches).

E. 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 of property owners.

F. 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 for which this application is received. The list shall be taken from the most recent records of the Monterey County Assessor.

G. Four 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 advisory agency or legislative body.

H. Two copies of preliminary title report showing the legal owners at the time of submittal of the preliminary project review map application.

I. 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.

J. 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 will 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 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 approval Director of Environmental Health.

K. 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 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 ground-water 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 effects 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, § 76, 7-7-2009)

A. Within thirty (30) days of the date of submittal of a package for scoring a preliminary project review map, the Director of Planning shall determine in writing whether submittal package is complete and forward such a determination to the subdivider in writing. If the submittal package is determined to be incomplete, the Director of Planning shall inform the subdivider in writing of the additional information required, or the procedure by the preliminary project review map submittal package can be completed.

B. A proposed preliminary project review map submittal shall be considered for scoring at duly noticed public hearing held by the Citizen's Subdivision Evaluation Committee.

C. The Citizen's Evaluation Committee shall not accept a preliminary project review map submittal 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;

3. Data supplementing a previously certified environmental impact report, the data supplemental environmental impact report shall be deemed as adequate or inadequate by Staff prior to making its report to the Citizen's Subdivision Evaluation Committee.

D. After the submittal package for the preliminary project review map has been determined complete and placed on an agenda for a public hearing for scoring, the Director of Planning shall forward copies of the preliminary project review map and application to members of the Citizen's Subdivision Evaluation Committee.

E. Action by the Citizen's Subdivision Evaluation Committee:

The Citizen's Subdivision Evaluation Committee shall review the proposed preliminary project review map to evaluate the merits of the subdivision proposal and score it according to committee procedures. For the purposes of this ordinance "scoring" shall mean a numerical value based adopted criteria as established by the Carmel Valley Master Plan where development proposals are evaluated in relation to policies of the Carmel Valley Master Plan and environmental issues and points so that the relative importance of a policy or environmental issue is stressed. A project achieve compliance with all policies in order to be considered for approval. In order to gain approval, a project must score at least half the points within each evaluated category as itemized in the scoring sheet in accord with the Carmel Valley Master Plan. A project receiving a low score or less than one-half of the applicable points in any category may revise and reapply to the Citizen's Subdivision Evaluation Committee only once in any calendar year from the date of scoring by the Citizen's Subdivision Evaluation Committee.

F. Technical Review. Staff shall conduct 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. The Technical Review by staff shall review the proposed project only from a technical standpoint and will not evaluate the project to confirm scoring a development.

G. Action by the Planning Commission:

1. 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.

2. The Planning Commission shall review the preliminary project review map and make recommendations relating to technical matters, subdivision design and consistency of the map with the land use element and provisions of the applicable General Plan, Local Coastal Program, Area Plan, Land Use Plan or Master Plan documents.

3. The Planning Commission shall make a finding, based on substantial evidence, upon the recommendation of the Health Officer, pursuant to Subsections 19.03.015.L., 19.05.040.L., or 19.07.020.K. 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.

4. 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.

H. Action by the Board of Supervisors. The Board of Supervisors shall review preliminary project review map at a noticed public hearing. The purpose of the review shall be to evaluate the score given the preliminary project review map by the Citizen's Subdivision Evaluation Committee. Upon review of the score and evaluation of the Planning Commission report, the Board of Supervisors shall confirm or modify the preliminary project review map score and issue a resolution with findings that establishes the subdivision's evaluation score. Scores shall be valid for two years from the date of the Board of Supervisors resolution.

Once a project preliminary review map has received a score, the application shall be held in abeyance until the Board holds its annual allocation hearing. All preliminary project review maps in the group to be reviewed receiving a score thirty (30) days or longer before the Board of Supervisors annual allocation hearing shall be considered competitively on that date. Preliminary project review maps scored after the thirty (30) day date prior to the allocation hearing shall be held until the next allocation hearing.

The allocation hearing will review all scored subdivisions received for that hearing. Based upon scores, design elements, community need, environmental factors and availability of public facilities required, the Board of Supervisors shall allocate lots, established as available to be considered by preliminary project review maps within the limits set forth in the Carmel Valley Master Plan. Based upon findings made by the Board of Supervisors, any given preliminary project review map may receive zero to twenty-five (25) lots per year. The Board of Supervisors, at its discretion may allocate lots in subsequent years. Those lots allocated in future years would be monitored. Lots allocated, for which a tentative map is subsequently approved, and then expires prior to recordation of a final map shall revert to the allocation quantity in the year of map expiration.

Affirmation of a score shall not be construed an approval of a project.

I. After the Board of Supervisors has completed public hearings relative to allocating lots proposed standard subdivision or minor subdivision, the preliminary project review map may be converted to a tentative map or tentative parcel map. Applications for a tentative map or tentative parcel map shall follow the procedures as set forth in Chapters 19.03 and 19.04.

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

(Ord. No. 5135, § 77, 7-7-2009; Ord. No. 5218, §§ 14, 15, 6-28-2013)