Monterey Municipal Code Art. 6 Minor Subdivisions

Minor subdivisions are designed and intended for the purpose of facilitating the processing of divisions of real property in which four or fewer lots are proposed to be created. All applicable provisions of the State Map Act and of this Chapter relative to the subdivision of land shall apply to minor subdivisions with the following exceptions:

a.Minor subdivisions initiated by any public agency for purposes of street widening shall not be subject to the provisions of this Chapter.

b.Divisions of land created by short-term leases (terminable by either party on not more than 30 days’ written notice) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; provided, however, that upon a showing made to the Public Works Director based upon substantial evidence that public policy necessitates such a map, this exception shall not apply. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-79)

The minor subdivision map is intended to show the necessary basic information regarding the proposal in the most expeditious manner and form so as to provide the Public Works Director and Minor Subdivision Committee with the materials needed for complete review of the proposal and at the same time require only such outlay of resources by the proponent as is in proportion to the proposal. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-80)

The subdivider shall submit an original and ten copies of the minor subdivision map, drawn to scale and fully dimensioned on paper measuring eight and one-half by 11 inches to the Public Works Director; along with such application forms and additional materials as may be required by the Minor Subdivision Committee. The map shall contain the following information:

a.Map number as supplied by the Public Works Department.

b.Date, north point and scale.

c.Sufficient legal description of land to define boundaries or proposed division of land.

d.A key map indicating the location of the proposed division of land in relation to the surrounding area.

e.The name and address of the record owner, the subdivider and the civil engineer, licensed surveyor or other person under whose direction the map was prepared, including the registration number of the engineer or surveyor.

f.The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property shall also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown shall be identified by house number or other identifying feature, including a notation of each building or structure to be retained.

g.The approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way.

h.The location and width of all existing and proposed streets and highways within and adjacent to the proposed subdivision.

i.The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision.

j.The approximate lot layout and the approximate dimensions of each lot and of each building site.

k.Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined.

The following information may also be required when deemed appropriate by the Public Works Director:

a.The existing topography of the land proposed to be divided using contour intervals of not more than five feet and of not more than two feet where the grade of the land is less than 5%. Contours of adjacent land shall also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The map shall contain a statement indicating the source of contours shown on the map.

b.The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse.

c.The location of all cut and fill slopes or a separate grading plan.

d.The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the map.

e.A geologic soils report prepared by a civil engineer who is registered by the state, unless the Public Works Department shall determine that, due to the knowledge such department has as to the soil qualities of the soil of such subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils or other soil problems the person filing the tentative map shall submit a soils investigation of each lot in the subdivision, prepared by a civil engineer who is registered in this state, which shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. The Building Safety and Inspections Division shall approve the soils investigation if it determines that the recommended action is likely to prevent structural damage to each dwelling to be constructed and shall require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the building permit. (Ord. 3709 § 12, 2025; Ord. 3653 § 17, 2022; Ord. 3472 §§ 1, 19, 2012; Ord. 3424 § 1, 2009. Formerly 33-81)

When determined necessary by the Community Development and Public Works Directors, a draft environmental impact report (EIR) shall be completed consistent with the City EIR resolution and filed with the minor subdivision map. (Ord. 3709 § 12, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-82)

The subdivider shall pay a filing and processing fee in an amount set by resolution of the City Council at the time of submitting the minor subdivision map. (Ord. 3709 § 12, 2025. Formerly 33-83)

a. Public Works Director action.Upon receipt of an application for a minor subdivision, the Public Works Director shall transmit copies of the map to each of the members of the Minor Subdivision Committee and to the City Attorney, and shall cause notice of the proposed division to be made in accordance with the requirements of this Chapter.

b. Minor Subdivision Committee action.Within 21 days of filing the map, the Public Works Director shall call a meeting of the Minor Subdivision Committee. The Committee shall approve, conditionally approve, or deny said map and certify the EIR, if required; and within five days of such action, the Public Works Director shall notify the subdivider in writing of the action taken by the Committee. If the map is disapproved, the Public Works Director shall notify the subdivider in writing of the reasons for such action and of his right to appeal such action, as provided in this Chapter.

1.The Minor Subdivision Committee shall have the authority to impose such conditions as are necessary to assure compliance with the provisions of this Chapter and of the policies of the City, as well as those it deems necessary to protect the best interests of the surrounding property or neighborhood. The Committee may waive any requirements relating to improvements and design that it shall deem reasonable.

2.The Minor Subdivision Committee shall determine whether the proper enforcement of this Chapter requires that the minor subdivision be processed as a standard subdivision. The Committee shall have the authority to require conformance to standard subdivision procedures when the subdivider has interests in lands adjacent to that being subdivided.

3.As a condition of final approval of the minor subdivision, the subdivider shall make all necessary assessment segregations.

c. Referral to the Planning Commission.The Minor Subdivision Committee may refer an application for approval of a minor subdivision map to the Planning Commission if it is determined that, because of the unusual or controversial nature of the application, it should be acted upon by the Commission. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-84)

Filing of parcel map. Within one year of the approval or conditional approval of the minor subdivision, the subdivider shall cause a parcel map of the proposed division to be prepared by a registered civil engineer, filed with the Public Works Director, and recorded by the County Recorder. Such maps shall meet all the requirements of the Subdivision Map Act and of this Chapter and shall show all dedications or offers of dedication thereon.

The subdivider may request an extension of time on the expiration date of the approval or conditional approval of the minor subdivision by written application filed with the Public Works Director. The Minor Subdivision Committee shall approve, conditionally approve, or deny the request for extension of time. The approved extension of time shall not exceed one year.

Failure to record a parcel map within the time period or any extension thereof which has been granted shall terminate all proceedings, and any action taken with respect to the proposed division shall be null and void. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-85)

The Minor Subdivision Committee may waive the requirements for a parcel for the following:

a.Whenever the proposed division of land meets all City requirements as to:

1.Lot area.

2.Improvement and design.

3.Flood water drainage control.

4.Appropriate improved public roads.

5.Sanitary disposal facilities.

6.Water supply availability.

7.Environmental protection.

8.All other requirements of the Subdivision Map Act and any applicable provisions of this Chapter.

b.The division of real property, or interests therein, is created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

c.The division of property results from the conveyance of land, or interests therein, to a public agency for a public purpose, such as school sites, public building sites, or rights-of-way for streets, sewers, utilities, drainage, etc.

d.The division in only for lot lines adjustments, provided:

1.No additional parcels or building sites have been created.

2.The adjustment does not create the potential to further divide either of the two parcels into more parcels than would have been otherwise possible.

Where the Minor Subdivision Committee waives the requirement for a parcel map, the City Engineer shall cause a “Certificate of Compliance” to be filed for record with the Council Recorder certifying that the proposed division complies with all provisions of this Chapter and the Subdivision Map Act. (Ord. 3709 § 12, 2025. Formerly 33-86)

In any case where a dedication of land for street widening or other public purpose is required as a condition of approval of a minor subdivision, the dedication shall be made by certificate on the parcel map or the subdivider shall cause a separate legal description and Quit Claim Deed, Grant Deed, Grant of Easement, or other legal instrument satisfactory to the City Attorney to be prepared. Such documents shall be submitted to the City Engineer with the parcel map and forwarded to the City Clerk for action by the City Council prior to the recordation of the parcel map. (Ord. 3709 § 12, 2025. Formerly 33-87)

The parcel map shall be submitted to the City Engineer in a reproducible form on linen or polyester film along with a reproducible sepia and one opaque copy made therefrom. The parcel map shall further conform with the provisions of the State Map Act as to size, form and content.

a.A recording fee in an amount established by the County Recorder shall accompany the submission of the parcel map.

b.One copy of the parcel map shall be forwarded to the Public Works Director for checking as to conformity with the approved or conditionally approved minor subdivision map of the proposed subdivision. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-88)

Upon determination that the parcel map is technically correct and upon receiving from the Public Works Director a statement that the parcel map conforms in all respects with the minor subdivision map as approved or conditionally approved, the City Engineer shall forward the parcel map, along with the recording fee, to the City Clerk. The City Clerk shall then cause the parcel map to be recorded with the County Recorder. (Ord. 3709 § 12, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-89)