Salinas Municipal Code § 31-101 Title

This chapter of the Salinas Municipal Code is enacted pursuant of Chapter XI, Section 7 of the California Constitution and may be cited as the "Salinas subdivision ordinance" or "subdivision ordinance."

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

It is the purpose of this chapter to regulate and control the design and improvement of divisions of land within the city and to supplement the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.) concerning the design and improvement of subdivisions; the form and content of all maps provided for by the Subdivision Map Act; and the procedure to be followed in securing the official approval of the city regarding such maps. The regulations of this chapter are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; to promote open space, conservation, environmental protection, and proper use of land; and to ensure provision for adequate traffic circulation, utilities, and services.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

In the event that this chapter is silent or does not address a specific subdivision issue, procedure, or requirement, the city shall defer to the provisions of the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

No land shall be subdivided and developed for any purpose which is not in conformity with the general plan, any applicable specific plan, the zoning code, or other applicable provisions of this Code. The design of the subdivision and the streets, roads, highways, utilities, public services, and other improvements that shall be provided by the subdivider shall be consistent with the type and intensity of land use as shown on the general plan and any applicable specific plan.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Where conflict occurs between the regulations of this chapter and any other provision of this Code or other ordinances or laws, including the Subdivision Map Act, the provisions that are more restrictive or impose higher standards or requirements shall control unless otherwise specified in this chapter or preempted by the Subdivision Map Act.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The regulations set forth in this chapter shall apply to all or parts of subdivisions within the city and to the preparation of subdivision maps and to other maps provided for by this chapter and the Subdivision Map Act. Each subdivision and each part lying within the city shall be made, and each map shall be prepared and presented for approval, as required by this chapter. Notwithstanding the above, all subdivisions shall be subject to only those regulations included in this chapter that are in effect on the date that the subdivision application is determined to be complete pursuant to Section 31-303 of this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

This chapter shall not apply to leases, conversions, transactions, conveyances, or other acts which are specifically designated as excluded by the Subdivision Map Act, Section 66411 or Sections 66412 et seq., except that procedures for lot line adjustments shall be in accordance with Section 31-1100 of this chapter. In accordance with Section 66451.7 of the Subdivision Map Act, applications for exclusion pursuant to Section 66412 of the Subdivision Map Act shall be made within sixty days of an application being deemed complete.

Notwithstanding the above, nothing in this chapter prevents the recording of a final or parcel map for a subdivision for which a final or parcel map is not required by this chapter, provided that any such map conforms to any requirements or procedures specified by this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The following special provisions apply to conveyances to and from governmental agencies and certain utilities.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

For purposes of computing the number of parcels, any conveyance of land to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be considered a division of land.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

A parcel map shall not be required for any conveyance of land to or from a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. If a parcel map is not required, the conveyance shall still:

(a) Be completed by a recorded document which describes the new parcels; and

(b) Comply with all other applicable provisions of this chapter for dedications and improvements.

Nothing in this paragraph shall be interpreted to provide any exemption from a tentative or final map.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The provisions of this chapter shall be applicable to areas annexed to, or proposed for annexation to, the city as follows:

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Pursuant to Subdivision Map Act, Section 66413(a), when any area in a subdivision for which a final map or parcel map has been finally approved by the county board of supervisors and filed for record is thereafter annexed to the city, the final map or parcel map and any agreements relating to the subdivision shall continue to govern the subdivision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Pursuant to Subdivision Map Act, Section 66413(b), when any area in a subdivision or proposed subdivision for which a tentative map or vesting tentative map has been filed but a final map has not been finally approved, or as to which a parcel map is required by this chapter, but the final act required to make the parcel map effective has not been taken, is annexed to the city, all procedures and regulations required by the Subdivision Map Act, this chapter, the zoning code, and the general plan shall be deemed to commence as of the effective date of the annexation. The map shall comply with all the requirements, including the payment of fees, of all applicable ordinances of the city.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any subdivider may file a tentative map or parcel map of a proposed subdivision in a territory adjacent to the city prior to annexation. If the map is approved, the approval shall be conditioned upon the annexation of the property to the city within a time specified, and the approval shall not be effective until annexation of the property to the city has been completed. If the annexation is not completed within the time specified or any extension, then the approval of the map shall be null and void. No final or parcel map may be filed under this provision unless annexation to the city has been completed.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

The following rules for interpretation shall apply:

(a) All references to "city" shall mean the city of Salinas.

(b) All references to the "city council" shall mean the city of Salinas City Council.

(c) All references to the "planning commission" shall mean the city of Salinas Planning Commission.

(d) The words "chapter," "article", "section", and "subsection" refer to this subdivision ordinance unless otherwise noted.

(e) All references to "state" shall mean the state of California. Any reference to a specific state of California regulation or law shall also mean "as the regulation or law may be subsequently amended by the state of California."

(f) All references to sections of the Subdivision Map Act include all successor sections.

(g) All references to "days" are to calendar days unless otherwise indicated. If a deadline falls on a Saturday, Sunday or holiday, it shall be extended to the next full day in which the city is open for business.

(h) All references to "county" shall mean the County of Monterey. All references to "county recorder" shall mean the Monterey County Recorder.

(i) All references to "Code" or "municipal code" shall mean the Salinas Municipal Code. Any reference to a specific chapter, article, section, or subsection in the Salinas Municipal Code shall also mean "as the chapter, article, section, or subsection may be subsequently amended by the City of the Salinas."

(j) All references to "zoning code" shall mean Chapter 37 of the city municipal code. Any reference to a specific article, section, or subsection in the zoning code shall also mean "as the article, section, or subsection may be subsequently amended by the city."

(k) All references to "general plan" shall mean the city of Salinas general plan. Any reference shall also mean "as the general plan may be subsequently amended by the city."

(l) All references to departments, divisions, commissions, boards, or other public agencies are those of the city of Salinas, unless otherwise indicated.

(m) Where uncertainty exists regarding the interpretation of any provision of this subdivision ordinance or its application to a specific site, the city planner, with the concurrence of city engineer, shall determine the intent of that provision.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

If any section, subsection, sentence, clause, phrase, or portion of this subdivision ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such decision shall not affect the validity of the remaining portion thereof.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)

Any specific state regulation or law (including but not limited to the Subdivision Map Act) or municipal code chapter, article, section, or subsection cited in this chapter may be amended or renumbered from time-to-time, and the regulation, law, chapter, article, section, or subsection in effect on the date that the subdivision application is determined to be complete pursuant to Section 31-303 of this chapter shall control, unless: (a) otherwise required by state law or (b) the applicant elects otherwise. Prior to the date that the subdivision application is determined to be complete, the amended or renumbered regulation or law shall apply if notice of a proposed change has been given as specified by Section 66474.2 of the Subdivision Map Act pursuant to Section 31-304 of this chapter.

(Ord. No. 2585 (NCS), § 1, 12-13-2016)