Monterey Municipal Code Art. 4 Exceptions

Where a subdivider, by written affirmation, signifies his intent to enhance the livability, appearance, health, safety, convenience, or general welfare of his proposed subdivision by using new concepts in the arrangement, size or shape of lots, internal and external circulation, facilities and patterns to serve the lots and the adjacent neighborhood, the standard design and improvement regulations may be modified by the Planning Commission upon making the finding and determination that the development as proposed will provide:

a.Variety in the physical development patterns of the City.

b.Maximum amounts of usable open space within the development.

c.Standards equivalent to the land use and density requirements for the district in which located.

d.Increased privacy and livability within residential properties and neighborhoods.

e.A system of streets and ways which are suitable and adequate to serve the uses proposed.

f.A development which is in harmony with the goals and policies of the General Plan and which can be coordinated with the existing development of surrounding areas and any specific plans for the area.

g.An enhanced community environment resulting from the provision of open spaces, public access to scenic, historic or other points of community interest; or from reforestation or the reduction of erosion, geologic, seismic, fire or traffic hazard, or the like. (Ord. 3709 § 7, 2025; Ord. 3429 § 1, 2009. Formerly 33-42)

There may be certain parcels of land of such dimensions, or which are subject to such title restrictions, or are so affected by physical conditions or devoted to such uses, or planned developments that it is impossible or in some cases undesirable for the subdivider to conform to all of the requirements of this Chapter and related regulations when subdividing property.

The Planning Commission may grant deviations from the foregoing requirements when all the following conditions are found to apply:

a.That any deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity.

b.That because of special circumstances applicable to the subject property, including size, shape, topography, location, surroundings or unusual title limitations of record, or applicable to particular densities or features of a planned community, the strict literal application of this Chapter is found to be unreasonable or undesirable.

c.That under the circumstances of this particular case, the deviation, rather than the Sections at issue in this Chapter, actually carries out the spirit and intent of this Chapter and the goals and policies of the General Plan for the City of Monterey.

d.That adequate guarantees shall be provided to ensure that any conditions imposed as a part of any approved deviation shall be carried out as specified.

Provided, however, that no such deviation may be granted by the Planning Commission if such is in conflict with the Zoning Ordinance, Building, Fire or other such Uniform Codes or ordinances unless and until such variances or exceptions as are provided for therein have been approved under the procedures established by such Codes or ordinances. (Ord. 3709 § 7, 2025; Ord. 3429 § 1, 2009. Formerly 33-43)

The time limits for action on subdivision maps by the responsible officers or agents of the City as established by this Chapter, may be extended by mutual written agreement between the subdivider and the Public Works or Community Development Directors, who shall represent the City for this purpose. (Ord. 3709 § 7, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-44)

When required by the Public Works or Community Development Directors, the Planning Commission or by other regulations of the City of Monterey, the subdivider shall be required to submit additional materials in connection with the proposed subdivision including, but not limited to, the following:

a.A development plan for the proposed subdivision as the same is described in the Zoning Ordinance.

b.A draft environmental impact report prepared to the standards and in accord with the procedures of the City of Monterey and the California Environmental Quality Act. (Ord. 3709 § 7, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-45)

a. Right of Appeal.

1.Any action of the Public Works or Community Development Directors or Minor Subdivision Committee in the administration or enforcement of this Chapter may be appealed to the Planning Commission.

2.Any action of the Planning Commission in the administration or enforcement of this ordinance may be appealed to the City Council.

3.An appeal may be filed by any interested person adversely affected by an action in the administration or enforcement of this Chapter.

b. Appeal procedure.

1.An appeal from an action under this Chapter shall be filed within 15 days after the action has taken place. Appeals to the Planning Commission shall be filed with the Secretary of the Planning Commission. Appeals to the City Council shall be filed with the City Clerk.

2.The hearing on the appeal shall be held within 30 days after the date of filing the appeal. Within 10 days following the conclusion of the hearing, the Planning Commission or City Council shall render its decision on the appeal.

3.If the Planning Commission or City Council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed approved. (Ord. 3709 § 7, 2025; Ord. 3653 § 17, 2022; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 33-46)

If no lots in a subdivision for which a final map has been approved and recorded have been sold within five years of the effective date of this Chapter, or if none of the improvements required to have been made have been installed within two years of the date of recordation, the Planning Commission may, after a public hearing, revoke the final approval of the subdivision and the land shall return to its former undivided state. Such revocation of final approval shall be made without prejudice to the filing of another subdivision map. (Ord. 3709 § 7, 2025; Ord. 3429 § 1, 2009. Formerly 33-47)

This Chapter shall not apply to any existing subdivisions of land for which a deed is of record or a contract of sale was in full force and effect and the subdivision process completed prior to March 20, 1951. (Ord. 3709 § 7, 2025. Formerly 33-48)