Monterey Municipal Code Div. 2 Tentative Maps

The purpose of the tentative map is to inform the City Council, Planning Commission and other affected agencies of the proposed subdivision; to allow an opportunity for each to examine the manner and extent to which they may be affected and to respond to the proposed development accordingly; to identify any further official action on matters of zoning, acquisition of access or rights-of-way, and clearly define steps to be taken by the subdivider, his engineer and others for final approval of the development. The map need not include detailed designs of streets, utilities or building sites, but, through provisions of this Division and any conditions imposed with the tentative map, should give clear direction on remaining engineering, surveying and legal matters. (Ord. 3709 § 9, 2025. Formerly 33-55)

The subdivider shall submit to the Public Works Director 12 copies of the tentative map of the proposed subdivision, plus one reproducible transparency of the same, plus one transparency of the same reduced to eight inches by ten inches. (Ord. 3709 § 9, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-56)

a. Preparation.The subdivider shall cause the tentative map of the land proposed to be subdivided to be clearly and legibly prepared by a civil engineer or licensed land surveyor.

b. Scale.The tentative map shall be drawn according to the engineer’s scale at a scale between one inch equals 100 feet and one inch equals 40 feet.

c. Sheet size and number.The tentative map shall be prepared in such a manner as to be shown on a single sheet measuring 24 inches by 36 inches unless otherwise approved by the Public Works Director.

d. Vicinity sketch.A vicinity sketch shall be drawn on the tentative map. It shall show the nearby streets, boundary lines and names of abutting subdivisions. It shall also show the outline of large parcels of land which are adjacent to the proposed subdivision.

e. Information required on the tentative map.The following information shall be shown on the tentative map.

1.The names, addresses and telephone numbers of the owners of record of the land proposed to be subdivided, of the subdivider and of the person or firm preparing the tentative map.

2.The date, the north point, and the graphic scale. The scale may also be indicated in letters and numbers.

3.The tract number, as secured from the County Planning Director or other appropriate County official.

4.The tract name, which shall not duplicate, or nearly duplicate, the name of an existing tract within the City, or within three miles of the City limits, unless it is another unit of the same tract.

5.The names, numbers and intersecting boundary lines of adjacent subdivisions and tracts, and the names of owners of adjacent unplotted land.

6.A sufficient description to define the location and boundaries of the proposed subdivision.

7.If it is contemplated that development will proceed by units, the boundaries of such units shall be shown on the tentative map.

8.Contours at two-foot intervals for ground slope areas between level and 5%; and five-foot interval contours for ground slope areas over 5%. Such contours shall extend onto contiguous lands for a distance of 200 feet and shall relate to the benchmark system established by the City Engineer. A grading plan, complete with approximate elevations of all improvements, shall be required unless previously waived by the Public Works Director or his representative.

9.The outline of any existing building and its future disposition or use.

10.The approximate location and the type of all isolated trees with an eight-inch or greater trunk caliper and the outlines of groves, noting the number and type of trees with an eight-inch or greater trunk caliper.

11.The approximate boundaries of areas subject to inundation by storm water; and the location, size and direction of flow of water-courses and proposed major storm drain facilities.

12.The approximate widths, locations, and uses of all existing or proposed drainage, sewage, and public facilities within and adjacent to the proposed subdivision, including any easements for such usage, and further including proposed integration with existing on-or off-site facilities.

13.The locations, names, widths and grades of existing streets, highways and other public ways, in and near the subdivision.

14.The locations, names, widths, approximate grades, direction of drainage and typical cross sections of all proposed streets (public or private), access easements and other ways, and the approximate elevations of street intersections.

15.The approximate radius of all designed curves.

16.Any proposed public or semi-public use.

17.An indication of the total number of lots proposed, with all lots numbered consecutively throughout the subdivision or each proposed unit thereof.

18.The approximate layout and dimensions of each lot; and the areas of the smallest and the largest lots in the tract. Approximate lot areas shall be shown for all lots not rectangular in shape.

19.Proposed building setback lines.

20.The location of any of the foregoing improvements, which may be required to be constructed beyond the boundaries of the subdivision and vicinity maps.

21.The location of surface and underground features such as fences, ditches, wells, utilities, drains, and the like.

22.The location of any natural resources such as sand, gravel, timber, lakes and the like, within the proposed subdivision or within 200 feet thereof.

23.The line of high-water when adjoining any stream, lake or ocean shall be indicated on the map.

24.The gross area of the subdivision, open space and recreation areas and greenbelt areas to be shown to the nearest one-tenth of an acre.

f. Accompanying statements.Accompanying the tentative map, or on said map, shall be statements by the subdivider as follows:

1.A statement as to existing zoning and land use and as to proposed land use.

2.A statement as to the proposed source of water supply and method of sewage disposal.

3.A statement as to intention of subdivider in regard to erosion control.

4.A statement as to the proposed timing and phasing of the development of the subdivision or each unit thereof, including the installation of improvements and facilities and the construction of the buildings.

5.A statement as to the type of sales program anticipated such as condominium, land project, community or cooperative apartments, lot sales and the like; and as to whether the subdivider intends to also be the builder.

6.A statement of types and locations of proposed street trees.

7.A preliminary title report prepared by a California licensed title company.

g. Soils report.A preliminary soils report shall be prepared by a Registered Civil Engineer. Such reports shall be based on adequate test borings or excavations and shall indicate the suitability of the land for the proposed development. The preliminary soils report may be waived if the Public Works Director determines that, due to the knowledge his Department has as to the qualities of the soil within the subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils, slope stability, or other soils problems which, if not corrected, would lead to structural problems, a soil investigation of each lot so affected in the subdivision may be required to be made by a Registered Civil Engineer. This engineer shall recommend the corrective action needed to prevent structural damage in the area where such soils problems exist.

The Planning Commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

h. Geologic report.A geologic report may be required for any area where there are known geologic hazards if and when determined to be necessary by the Public Works Director.

i. Model.The subdivider may be required by the Public Works Director or the Planning Commission to prepare and present a topographic model, where appropriate because of complex of steep land, of any development which is proposed for any hillside area. Such model shall show the proposed cuts, fills, roads, grading, contours and lot layout, and such other information as may be deemed necessary by the Public Works Director or the Planning Commission.

j. Covenants, conditions and restrictions.Reference to all recorded easements, use restrictions, areas previously vacated or abandoned and three copies of any existing or proposed deed restrictions shall be submitted with the tentative map.

k.Any additional information, data, reports or the like which the Public Works Director or the Planning Commission deems necessary or desirable for the review and analysis of the proposed subdivision shall be further provided. (Ord. 3709 § 9, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-57)

When determined necessary by the Public Works Director, a draft environmental impact report (EIR) shall be completed by the City consistent with the City’s CEQA guidelines and filed with the tentative map. (Ord. 3709 § 9, 2025; Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009. Formerly 33-58)

a. Public Works Director action.After receipt of the application and other information required from the subdivider, the Public Works Director shall consult with the City Engineer and other concerned City departments to determine if the application can be accepted for official filing.

If additional information is needed, the subdivider shall be notified what information is required. If the application is determined to be acceptable for official filing, the Public Works Director shall date and file the tentative map.

The acceptance of an application for official filing is not a determination that the application is officially complete. An application for a tentative map is officially complete when the public hearing on the map by the Planning Commission is closed, or at such time as determined by the Commission if additional information is needed.

After acceptance of an application for official filing, the Public Works Director shall transmit copies of the map, together with accompanying data, to all concerned agencies and shall cause notice of the proposed tentative map to be made within the Zone of Influence in accord with the standard procedures of the Planning Office.

One copy of the tentative map shall be forwarded to the Monterey County Planning Department, and to the Public Works Director or other designated official of each city a portion of which lies within three miles of the Monterey City limits and which has requested such referral for their review and recommendation.

b. Subdivision conference.Within 14 days of the filing of the complete application and prior to the Planning Commission review, the Public Works Director shall hold a subdivision conference with the subdivider and representatives of the concerned agencies to discuss said subdivision. Failure of any concerned agency to participate in said conference or to report regarding the proposed subdivision shall be deemed to be approval of the map on their part.

c. Report and recommendation.Following the subdivision conference, the Public Works Director shall prepare a written report and recommendation for the consideration of the Planning Commission at its next regular meeting. Copies of the report and recommendation shall be sent to the subdivider and each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative, at least three days prior to any hearing on the map. Fees may be collected from the subdivider for expenses incurred under this section.

d. Public Hearing Notice.

1.The Planning Commission shall hold a public hearing on the tentative subdivision map and notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least 10 days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City of Monterey. Notice shall also be mailed to all property owners within 150 feet of the boundaries of the proposed subdivision, as shown on the latest equalized County assessment roll, at least 10 days before the hearing. Any interested person may appear at such a hearing and may be heard.

2.In addition to the notice required in subsection (d)(1) of this section, whenever approval of a tentative map might reasonably constitute a substantial or significant deprivation of the property rights of other landowners, the local agency shall provide notice of the application to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the application. Notice may be given by any method reasonably calculated by the City to provide actual notice of the hearing.

e. Planning Commission action.Following the receipt of the Public Works Director’s report on the tentative map, staff shall set a date for a public hearing on the map, which date shall be within 30 days thereafter. The Planning Commission shall approve, conditionally approve, or disapprove the tentative map, and certify the final EIR, if required, within such 30-day period, unless this period is extended by mutual agreement between the subdivider and the City. Notice of the public hearing shall be given in the same manner as required for the hearing by the Planning Commission.

f. Notification.Within ten days of the action taken by the Planning Commission, the Planning Secretary shall notify the subdivider or his designated agent in writing of the action taken by the Planning Commission, attaching one copy of the map and one copy of the Planning Commission resolution relating thereto; and shall forward one copy of the resolution to the Planning Commission for its permanent files and records. (Ord. 3709 § 9, 2025; Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009. Formerly 33-59)

a.Within 18 months after approval or conditional approval of the tentative map by the Planning Commission, the subdivider shall cause the subdivision, or a part thereof, to be surveyed and a final map to be filed with the City Engineer in accordance with the tentative map as approved or conditionally approved.

b.The subdivider may request an extension of time on the expiration date of the tentative map by written application filed with the Public Works Director. The Public Works Director shall review the request and submit it together with a report to the Planning Commission.

c.After reviewing the recommendation of the Public Works Director, the Planning Commission shall approve, conditionally approve, or deny the request for extension of time. The approved extension of time shall not exceed 12 months.

d.Failure of the subdivider to file a final map with the City Engineer within 18 months, or within an additional period of time approved by the Planning Commission, shall terminate all proceedings on the map. No further action shall be taken by the City without the filing of a new tentative map to be processed in accordance with the procedures of this Article.

e.Final action approving, conditionally approving, or denying the final map shall be taken by the Planning Commission within 30 months of the original approval of the tentative map by the Planning Commission.

f.The period of time specified in subsections (a) through (c) of this section shall not include any period of time during which a water or sewer moratorium imposed after approval of the tentative map is in existence; provided, however, that the length of the moratorium does not exceed 5 years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed; provided, however, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

g.The period of time specified in subsections (a) through (c) of this section shall not include any period of time during which a lawsuit has been filed and is pending in court involving the approval or conditional approval of a tentative map. (Ord. 3709 § 9, 2025; Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009. Formerly 33-60)

Approval of the tentative map shall in no way relieve the subdivider of his responsibility to comply with all requirements of the City and to provide the improvements and easements necessary to meet all City standards, whether or not the same are set forth in the tentative map approval. (Ord. 3709 § 9, 2025. Formerly 33-61)

A filing and report fee in an amount set by resolution of the City Council shall be submitted at the time of filing of the tentative map. (Ord. 3709 § 9, 2025. Formerly 33-62)

A subdivider may file with the City a preliminary and tentative map of a proposed subdivision of unincorporated territory adjacent to the City. The maps, in the discretion of the City, may be acted upon in the manner provided in this Chapter for subdivisions within the City limits. If the tentative map is approved, such approval shall be conditioned upon annexation of the property to the City within a period of time specified by the City Council and such approval shall not be effective until annexation of such property to the City has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by the City shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by the City unless annexation thereof to the City is completed prior to approval of the final map. (Ord. 3709 § 9, 2025. Formerly 33-63)