Monterey Municipal Code Art. 3 Basic Design Objectives and Requirements

Basic criteria for the design of new subdivisions, particularly those related to the development of new residential areas, are established for the purpose of protecting and enhancing the quality of life of the citizens of the City of Monterey through the provision of well-designed, located and arranged facilities for family life, employment and recreation; privacy, amenity and freedom of choice, in addition to security, health, safety and convenience. To this end new subdivisions should be designed to provide variety in architecture and housing types, with respect for the landform and the natural environment, and in accord with the overall General Plan for the City. (Ord. 3709 § 6, 2025. Formerly 33-15)

Existing conditions of the natural and manmade environment shall be considered in the design of new subdivisions. In addition to the landform, features of climate, light and air and surrounding existing land uses shall be respected. The subdivision shall be designed to prevent excessive grading and scarring of the landscape. The design of new subdivision streets shall consider and relate to existing and planned widths and alignments. (Ord. 3709 § 6, 2025. Formerly 33-16)

Community facilities shall be provided in the subdivision in accordance with General Plan standards. This Chapter establishes procedures for the referral of proposed subdivision data to interested agencies, both public and private, so that the provision or extension of community facilities and utilities may be accomplished in an orderly manner, coordinated with the development of the subdivision. (Ord. 3709 § 6, 2025. Formerly 33-17)

The subdivision and any proposed future additions shall be related to the adjacent neighborhoods. When considered necessary to demonstrate that the proposed subdivision will not preclude or inhibit appropriate uses of adjoining lands, the Public Works Director, Community Development Director, or the Planning Commission may require the subdivider to prepare a preliminary sketch plan for any or all such adjacent lands. (Ord. 3709 § 6, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-18)

a.Whenever a subdivider submits a proposed subdivision of a parcel which is a part of a larger parcel of land in the same ownership, the Public Works Director may require the subdivider to indicate on the map the manner in which the remainder of the property may be subdivided, showing the relationship of the proposed subdivision to the remainder and demonstrating the provisions, facility, and continuity of streets, utilities, drainage, sewerage, land use and the like.

b.For such remainder property, the construction of improvements shall not be required until a permit for development is issued by the City or until construction of such improvements is required by an agreement between the subdivider and the City. In the absence of such an agreement, the City may require fulfillment of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit for the development of the remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of:

1.The public health and safety; or

2.The required construction is a necessary prerequisite to the orderly development of the surrounding area.

c.The location of a remainder parcel need not be indicated on the map as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of 5 acres or more. (Ord. 3709 § 6, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-19)

All lots created by a subdivision shall be developable for the intended use. No subdivision shall include lots which are impractical to improve for the intended uses due to slope of terrain, unstable soils, geologic and seismic hazards, watercourse locations, sewerage problems, excessive driveway grades, easements for future or existing utilities, or other physical conditions. (Ord. 3709 § 6, 2025. Formerly 33-20)

All lots created by a subdivision should have access to public streets. In those cases where developments are approved with lots abutting upon private drives or streets, said private drive or street shall be located, designed and constructed to City street standards, or approved modifications thereof. (Ord. 3709 § 6, 2025. Formerly 33-21)

The size, shape, and orientation of lots shall be appropriate to the proposed subdivision location, and to the type of development contemplated. The following principles and standards shall be observed:

a.The minimum area and dimensions of all lots shall conform to the requirements of the zoning ordinance for the district in which the subdivision is located.

b.The side lines of lots shall generally be parallel to each other when located along straight streets or approximately radial to the center line of curved streets. Side lines of lots shall be approximately radial to the adjacent right-of-way of a turnaround.

c.Lot frontage shall be adequate to accommodate a driveway of normal width plus at least one on-street parking space, except as may be approved for tandem lots, or in planned communities, planned developments, condominiums and cluster housing developments.

d.Corner lots for residential use shall be platted wider than interior lots, in order to permit conformance with the required street side yard requirements of the zoning ordinance.

e.Deep lots, as defined by this Chapter, may be required to be installed in those portions of a subdivision where the rear of a lot is adjacent to a playground, shopping center, industrial tract, or other nonresidential use, or to the right-of-way of a freeway, railroad, or arterial.

f.No lot shall be divided by a City Limits Line.

g.A lot depth greater than twice the lot width should be avoided whenever possible.

h.No property remnant which does not conform to the requirements of this Chapter shall be allowed in the subdivision, unless it is required for a public utility or facility.

i.The narrow strip of land connecting the main portion of a tandem lot to the street shall provide practical vehicular access; but shall not be used to help satisfy the minimum lot area requirements of the zoning district.

j.The design of double frontage lots and lots with excessive street frontage shall be discouraged. (Ord. 3709 § 6, 2025. Formerly 33-22)

The subdivision design should avoid either excessively large or short block lengths. The Public Works Director or the Planning Commission may require that a crosswalk, pedestrian way, bicycle path or other separation be established near the center of long blocks; and through other blocks where necessary to provide access to schools, parks, scenic easements, shoreline or other community facilities. (Ord. 3709 § 6, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-23)

The street design of the subdivision shall relate to the pattern of thoroughfares designated in the General Plan and to any other existing or proposed street designs approved by the Planning Commission. Whenever a proposed thoroughfare abuts or traverses a subdivision, such thoroughfare shall be included in the subdivision street design.

The street pattern of the subdivision shall provide for the most advantageous development of adjoining lots, the neighborhood, and the community; and shall be designed to carry the ultimate traffic of the subdivision and of any other lands it may serve. The street system shall be designed to retain and protect existing vegetation wherever possible; and shall be designed in harmony with the topography and natural landform. The following principles and regulations shall be observed in the design of street patterns:

a.The street system shall contain sufficient collector streets and thoroughfares to carry all proposed traffic generated by the subdivision. Whenever possible thoroughfares shall be located on the periphery of the subdivision.

b.Local streets shall be designed to discourage through traffic. Long, straight local streets, conducive to high speed travel, shall be avoided. Cul-de-sacs and loop streets should be used in appropriate locations in residential districts.

c.The center lines of local streets, if not in alignment, shall be adjusted by curves to meet, or shall be offset from each other a distance consistent with the subdivision design and traffic safety principles. Collector streets and thoroughfares may be required to have greater offsets than local streets.

d.Proposed streets shall align with existing streets and extend to the boundary of the subdivision for future continuation into undeveloped lots when necessary for the best development of the subdivision and/or surrounding lands.

e.Where a stub-end street extends to the boundary of the subdivision and serves one or more lots, the subdivider shall provide either a temporary turnaround or a temporary connection to another street. It shall be the responsibility of the developer of said adjacent property to replace the temporary turnaround, or temporary street connection, with a permanent street section at the time the said property is developed.

f.Streets shall be designed to intersect as nearly at right angles as topography and other limiting factors will permit. “T” intersections, rather than “X” or “Y” intersections, shall be used whenever possible.

g.A separate traffic lane for bicycle travel may be required to be included in the design of all collector streets and thoroughfares.

h.The design of all streets shall be such as to minimize cutting and filling of the terrain and the removal of vegetation. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-24)

The design of subdivisions adjacent to thoroughfares shall be as recommended in the General Plan and any specific area plans. The following principles and standards shall be observed:

a.Street and lot layouts in residential subdivisions shall be designed to minimize the effect of the adjacent thoroughfare traffic.

b.The number of intersections along major thoroughfares and highways shall be held to a minimum, consistent with the basic needs of subdivision access. Intersections shall be designed to provide the greatest safety for both pedestrians and motorists. Street patterns shall be designed to best serve the traffic needs and land uses of the area and the community, both in function and arrangement.

c.Frontage roads, where required, shall conform to the standards specified herein. Such roads shall enter thoroughfares by means of intersections capable of storing at least two cars between the frontage road and the thoroughfares.

d.Frontage roads shall be separated from thoroughfares by a permanently landscaped strip of sufficient width to support the landscaping proposed and to provide adequate separation of the two streets. The subdivider shall plant such parkways with low maintenance landscaping and shall provide an irrigation system to water all plantings effectively. He shall maintain all plantings and shall replace any dead or diseased plant materials for a period of time as determined by the Planning Commission.

e.Where frontage roads are not required, residential lots abutting a thoroughfare normally will be required to be served by a street paralleling the thoroughfare or by a series of cul-de-sacs or loop streets. In such cases, a wall, fence, or landscaping strip, or a combination thereof, approved by the Public Works Director, shall be required at the property lines adjacent to the thoroughfare.

f.When any lot abuts two streets, one of which is a thoroughfare, the subdivider may be required to execute and deliver to the City an instrument, deemed sufficient by the City Attorney, waiving access rights from the lot to the thoroughfare. (Ord. 3709 § 6, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-25)

The following principles and standards shall apply to the design and the installation of curbs, sidewalks and pedestrian ways:

a.Vertical-type curbs and gutters on both sides of the streets shall be required in all subdivisions.

b.Sidewalks shall normally be required on both sides of the street in any subdivision and shall be located within the street right-of-way, except as otherwise approved. (Ord. 3709 § 6, 2025. Formerly 33-26)

A street tree and landscaping plan shall be prepared for the entire subdivision. The plan shall include a statement describing plant species, planting, installation, location, maintenance, and other pertinent information. Street trees and landscaping shall be selected, installed, and maintained in accordance with the approved street tree and landscaping plan for the entire subdivision. Provisions shall be made by the subdivider for the maintenance and the replacement of such plantings for a period of time as determined by the Planning Commission. In particular, landscaping and screen planting shall be provided by the subdivider as required by the Planning Commission for purposes such as, but not limited to, the following:

a.Providing a more pleasant living environment.

b.Erosion control and bank protection.

c.Improvement of parks, recreation and open space.

d.Screening of unsightly or incompatible land use.

e.Buffering proposed uses from adjacent major thoroughfares, strong or unfavorable winds, noises, odors, and the like.

f.Fire retardation.

g.Traffic safety. (Ord. 3709 § 6, 2025. Formerly 33-27)

The subdivision shall be designed to preserve the greatest amount of existing vegetation. Native and ornamental trees required to be preserved, as shown on the tentative map, shall not be damaged. Trees damaged, destroyed, or removed without prior authorization of the City Forester shall be replaced by the subdivider; the size and species of the replacement trees shall be determined by the City Forester. (Ord. 3709 § 6, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-28)

Repealed by Ord. 3615. (Ord. 3615 § 1, 2020. Formerly 33-29)

The following principles shall govern the naming of streets:

a.Names shall be appropriate for street designations. Names which are so similar in spelling or in pronunciation to the names of existing City and County streets as to cause confusion shall not be accepted.

b.The words “boulevard,” “street,” “avenue,” or similar words designating a street shall be written in full on the final map.

c.Any street which is a continuation or an approximate or logical continuation, of any existing dedicated street shall bear the same name.

d.Where the extension of a street is impractical or impossible because of physical barriers, new streets shall be given different names even though they may be in the same general alignment.

e.Any street that forms a portion or a continuation or an approximate or logical continuation of any proposed street which has been previously ordered by the City to be surveyed, opened, widened, improved, and/or named shall bear the same name as said proposed street.

f.One of the following designations, or a designation approved by the Planning Commission, that most closely reflects the traffic characteristics or the existing or proposed adjacent land use, shall be used in naming a street:

Alley --a secondary access way

Court, circle or place --a residential cul-de-sac or loop street

Way, lane or terrace --a light-use residential street or access drive

Street --a commercial, industrial, or urban residential street

Avenue --an urban or suburban residential or collector street

Drive or road --a suburban residential street or a thoroughfare with parkway characteristics

Boulevard --an arterial street or parkway

Parkway --a street with park-like characteristics (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-30)

a. Requirements.As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within the Monterey Peninsula Unified School District or other elementary or high school districts within the City shall dedicate to the school district such lands as the Planning Commission shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service.

b. Procedure.The requirements of dedication shall be imposed at the time of approval of the tentative map. If within 30 days after the requirement of dedication is imposed by the City, the affected school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.

c.Payments to subdivider for school site dedication.

The affected school district shall, if it accepts the dedication, repay to the subdivider or his successors, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1.The cost of any improvements to the dedicated land since acquisition by the subdivider.

2.The taxes assessed against the dedicated land from the date of the school district’s offer to enter into the binding commitment to accept the dedication.

3.Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

d. Exemptions.The provisions of this Section shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-31)

a. Requirements.No tentative subdivision map or parcel map for residential purposes shall be approved where the Planning Commission has concurred in a school district’s notice of findings that conditions of overcrowding in an attendance area exist unless the Planning Commission makes one of the following findings:

1.That the impact of the proposed development upon the schools servicing the area requires the dedication of land and/or the payment of in-lieu fees by the developer to mitigate such impacts.

2.That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Commission would benefit the City, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this Section.

b. School district findings.The governing body of a school district may make findings supported by clear and convincing evidence that:

1.Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing.

2.All reasonable methods of mitigating conditions of overcrowding have been evaluated.

3.No feasible methods for reducing such conditions exist.

Upon making these findings, the school district must provide the City with notice of its findings.

c. School district notice to City.Any notice of findings sent by a school district to the City shall specify:

1.The findings listed in subsection (b) of this section.

2.The mitigation measures and methods considered by the school district and any determination made concerning them by the district. These mitigation methods shall include the following:

i.Agreements between a subdivider and the school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used.

ii.The use of available annual revenue limit and bond revenues.

iii.The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

3.A description of the geographic boundaries of the overcrowded attendance area or areas.

4.Such other information as may be required by Planning Commission regulation.

d. City concurrence.After receipt of any notice of findings from a school district complying with the requirement of subsection (c) of this section, the Planning Commission shall determine whether it concurs in such school district findings. If it concurs with the school district’s findings, it shall do so by resolution.

e. School district schedule.Following the concurrence and decision by the City to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Planning Commission and the reason for the modifications.

f. Standards for land and fees.

1. General standard.The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development.

2. Small subdivisions.Only the payment of fees is required for the approval of a subdivision map containing 50 parcels or less.

3. Amount of land.The total land area required by this Section to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by this Section. The Public Works Director shall determine and establish the monetary value of the land area for the purposes of this Section.

4. Amount of fees.When fees are required by this Section to be paid in lieu of land dedication or as a combination of both, such fees shall be, and paid, as follows:

i.$300 per bedroom in excess of one bedroom per dwelling unit not exceeding $900. Any room designed for sleeping which has a closet is a bedroom for the purposes of this Section.

ii.$300 for each dwelling unit space or lot in a mobile home park.

iii.$900 per lot where the size of the proposed dwelling units cannot be determined at the time of approval of the final map or parcel map.

g. Exemptions.Projects converting existing apartment buildings into condominiums shall be exempt from the requirements of this Section if no additional dwelling units are added.

h. Procedures.

1. Application filing.At the time of filing an application for the approval of a tentative subdivision map or parcel map located in an attendance area where the Planning Commission has concurred with a school district’s finding that conditions of overcrowding exist, the applicant shall, as a part of such filing, indicate whether he prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall indicate the land on the subdivision map.

2. Decision factors.At the time of approval of the tentative subdivision map, the Planning Commission shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Planning Commission shall consider the following factors:

i.Whether lands offered for dedication will be consistent with the General Plan.

ii.The topography, soils, soil stability, drainage, access, location, and general utility of land in the development available for dedication.

iii.Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development.

iv.Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated.

3. Land dedication.When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in this Chapter for streets and public easements.

4. Fee payment.If the payment of a fee is required, such payment shall be made at the time the final subdivision map or parcel map is filed.

5. Trust land and fees.Land and fees shall be held in trust by the City until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

6. City refunds.If a final subdivision map or parcel map is voided and if the City or school district still retains the land and/or fees collected for it, and if the applicant so requests, the Board/Council shall order returned to him such land and/or fees.

i. Use and limits.

1. Use of land and fees.All land or fees, or both, collected pursuant to this Section and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities including all mandated educational programs.

2. Agreement for fee distribution.Where two or more separate school districts operate schools in an attendance area where the Planning Commission concurs that overcrowding conditions exist for both school districts, the Planning Commission will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this Section.

3. Fee fund and land records and reports.Any school district receiving funds or land pursuant to this Section shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the Planning Commission on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the Planning Commission.

4. Termination of dedication requirements.When it is determined that overcrowding conditions no longer exist in an attendance area, the City shall cease levying any fee or requiring the dedication of any land pursuant to this Section for the area. (Ord. 3709 § 6, 2025; Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009. Formerly 33-32)

a. Requirements.As a condition of approval of a map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this Section.

b. Standards and formula for reservation of land.Where a park, recreational facility, fire station, library, or other public use is shown on an adopted specific plan or adopted General Plan containing a community facilities element, parks and recreation element and/or a public building element, the subdivider may be required by the City to reserve sites as so determined by the City or County in accordance with the defined principles and standards contained in the above specific plan or General Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or General Plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

c. Procedure.The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.

d. Payment.The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.

e. Termination.If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. (Ord. 3709 § 6, 2025. Formerly 33-33)

a.Wherever practical, subdividers should make provisions for pedestrian, equestrian, and bicycle paths and trails separate from streets and thoroughfares.

b.Whenever a subdivider is required to dedicate roadways to the public, he shall also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision contains 200 or more parcels on the final map. (Ord. 3709 § 6, 2025. Formerly 33-34)

Unless otherwise provided, it shall be the responsibility of the subdivider to install all on and off-site improvements, facilities and utilities in order that the City of Monterey, upon acceptance of the subdivision, will benefit from the addition and that there will be no undue burden upon the City or the future occupants of the subdivision. Improvements to be installed by the subdivider shall include but not be limited to the following:

a.Curb, gutter, sidewalk and pathways.

b.Water lines, gas and other utility services to serve each lot and stubbed to property line prior to paving.

c.Water mains of the proper size to give the required fire flow as approved by the Fire Department. Fire hydrants of a type and size approved by the Fire Department. Every subdivider shall dedicate, as a condition of subdivision approval, any and all fire hydrants and their connections, pipes, or other appurtenances, from the point they join the water main to the point where they join the hydrant.

d.Fire alarm boxes, including design and layout, connecting to the City fire alarm system when required, and as approved, by the Fire Chief. All equipment necessary to connect the above system at the central alarm control of the Monterey Fire Department.

e.Sanitary sewers and laterals to serve each lot and stubbed to property line prior to paving.

f.Storm sewers, drains and channel improvements.

g.Silt basins or other forms of erosion control as required.

h.Paved streets.

i.Ornamental street lights.

j.Street trees, except that the Planning Commission may waive this requirement where they decide that sufficient trees exist.

k.Approved street name signs at all intersections, all block number changes and at other locations required and approved by the Public Works Director.

l.Street barricades where required.

m.Architecturally designed walls, fencing or screen planting where required.

n.Stop, Yield and other traffic signs as required by the Public Works Director.

o.Utility distribution lines and facilities, including but not limited to electric, communication, street lighting and cable television and transformers, all to be placed underground. The subdivider is responsible for complying with the requirements of this Section and he shall make the necessary arrangements with the utility companies for the installation of such facilities.

p.Monuments as required by this Chapter. (Ord. 3709 § 6, 2025; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-35)

a.A subdivider shall be required to dedicate land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items which directly benefit the residents of a subdivision if:

1.The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the General Plan, or contains 100 acres or more.

2.The Planning Commission finds that transit services are, or will within a reasonable time period, be made available to such subdivision.

b.The provisions of this Section do not apply to condominium projects which consist of the subdivision of air space in an existing apartment building which is more than five years old and where no dwelling units are added. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-36)

Where practical, areas should be set aside in residential subdivisions for the parking of boats, trailers, and recreational vehicles. These areas should be of a size appropriate for the type of subdivision proposed and should be hard surfaced and appropriately protected and screened with fencing and landscaping. (Ord. 3709 § 6, 2025. Formerly 33-37)

Whenever the Planning Commission finds a safety hazard would be created as a result of direct access to a street, the Planning Commission may impose a requirement that any dedication or offer of dedication of a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon, and that if the dedication is accepted, such waiver shall become effective in accordance with the provisions of the waiver of direct access. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-38)

a.The City shall not approve either the tentative or final map if:

1.Any subdivision fronting upon the coastline or shoreline which subdivision does not provide or have available reasonable public access by fee or easement from public highways to land below the ordinary highwater mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision.

2.Any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the state, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision.

b.Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

c.Reasonable access, as used in this Section, shall be determined by the Planning Commission. In making the determination of what shall be reasonable access, the Planning Commission shall consider:

1.That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel.

2.The size of the subdivision.

3.The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, boating, fishing, beach-combing, taking of shellfish, water skiing, scientific exploration, and teaching.

4.The likelihood of trespass on private property and reasonable means of avoiding such trespass.

d.Nothing in this Section shall require the City to deny either a tentative or final map solely on the basis that the reasonable access otherwise required by this Section is not provided through or across the subdivision itself, if the Planning Commission makes a finding that such reasonable access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative or final map.

e.Nothing in this Section shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-39)

The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure.

Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

For the purposes of this Section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Ord. 3709 § 6, 2025. Formerly 33-40)

a.At the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobilehome park to be converted. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks.

b.The subdivider shall make a copy of the report available to each resident of the mobilehome park at least 15 days prior to the hearing on the map by the Planning Commission.

c.The Planning Commission may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park. (Ord. 3709 § 6, 2025; Ord. 3429 § 1, 2009. Formerly 33-41)