Chapter 16.16


16.16.010    Standard subdivision procedure.

16.16.020    Required data and design.

16.16.030    statements by subdivider.

16.16.040    Covenants.

16.16.050    completeness for consideration.

16.16.060    Filing--Fee.

16.16.065    Reimbursement of expenses.

16.16.070    Submittal of copies to certain offices.

16.16.080    Notification of nonconforming aspects.

16.16.090    Report by commission to subdivider.

16.16.100    Planning commission action.

16.16.110    City council action.

16.16.120    Expiration of tentative maps.

16.16.130    Extension of tentative map.

16.16.140    Improvement plans.

16.16.010 Standard subdivision procedure.

A.    This procedure shall apply to all subdivisions, parts of subdivisions or any division of land, except any division which qualifies as a "minor subdivision."

B.    Prior to the filing of a tenative map of a subdivision, a tract number shall be obtained. (Ord. 234 §1(part),1980: Ord. 98 §13(1), (2), 1966).

16.16.020 Required data and design:

The initial action in connection with the making of a subdivision shall be the preparation of a tentative map or maps, which shall comply with Chapter 16.12 as to design, and shall include the following data:

A.    A sketch at a minimum scale of one inch equals one thousand feet indicating the location of the proposed subdivision in relation to the surrounding area or region;

B.    Name and address of record owner and subdivider;

C.    Name and address of surveyor or engineer, or person who prepared said tentative map;

D.    Date, north point (generally up on the map) and scale. Minimum scale one inch equals one hundred feet. Minimum map size eighteen inches by twenty-six inches;

E.    Names of all adjacent subdivision; location of, names and width of adjacent streets, highways, alleys and ways, together with the type and location of street improvements thereon;

F.    The contour of the land at intervals of not more than two feet if the general slope of the land is less than ten percent or of not more than five feet if the general slope of the land is greater then ten percent;

G.    Sufficient data to define the boundaries of the tract, or a legal description of the tract and blue border on reverse side of map to indicate tract boundaries. Tentative map to show probable units of final map;

H.    Width, approximate location and purpose of all existing and proposed easements;

I.    The width and approximate grade of all streets, highways, alleys and other rights-of-way proposed for dedication or not;

J.    The approximate radii of all curves;

K.    All lots in the development shall be consecutively numbered. The approximate dimensions and lot areas shall be shown for all lots;

L.    The approximate locations of areas subject to inundation by storm water overflow, and the location, width and direction of flow of all watercourses existing and proposed;

M.    The location and outline to scale of each building or structure within the subdivision, noting thereon whether or not such building or structure is to be removed from or remain in the development of the subdivision, and its future use;

N.    Approximate finished elevation at street intersections;

O.    The location, pipe size and approximate grades of proposed sewers, waterline and underground storm drains, including the proposed location of fire hydrants and street lights;

P.    The location of all trees over four inches in diameter (where stands of trees are located may be shown as a group);

Q.    The location of existing fences, wells, cesspools, sewers, culverts, drain pipes, underground structures or sand, gravel or other excavation within two hundred feet of any portion of the subdivision, noting thereon whether they are to be abandoned or used.

R.    A completed trip reduction checklist as provided for in Chapter 17.43 of this Code. (Ord. 385 §1, 1994: Ord. 234 §1, 1980: Ord. 98 §13, 1966).

16.16.030 Statements bv subdivider:

Accompanying the tentative map shall be statements by the subdivider as follows:

A.    Statement as to existing zoning and as to proposed use;

B.    Statement as to intention of subdivider in regard to slope planting, erosion control and improvements to be constructed by him, as required in Chapter 16.12 and other laws of the City;

C.    Statement as to front yard depths and building lines;

D.    Proposed source of water supply and sewage disposal, indicating whether or not Chapter 16.36 can be complied with;

E.    Type of tree planting as required;

F.    Proposed public areas to be dedicated or scenic easements proposed;

G.    Statement as to development of lots (whether for sale as lots or fully developed house and lot);

H.    A preliminary soil report, prepared by a civil engineer who is registered by the State based upon adequate test borings. The City Building Inspector, after consultation with the City Engineer shall determine that due to existing knowledge as to the soil qualities of the soil of the subdivision or lot, no preliminary analysis is necessary. If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, a soil investigation of each lot in the subdivision shall be prepared and submitted by a civil engineer who is registered in this State. The soil investigation report shall recommend corrective action which is likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. (Ord. 234 §1, 1980: Ord. 180 §9, 1975: Ord. 98 §14, 1966).

16.16.040 Covenants.

A copy of any condition, restrictive reservation or covenant existing or proposed shall be attached to the statement in Section 16.16.030. (Ord. 234 §1, 1980: Ord. 98 §15, 1966).

16.16.050 Completeness for consideration:

A tentative map shall be considered complete for the consideration of the City Planning Commission when maps or sketches have been submitted. If the tract is a portion of a larger area which may be subdivided later, the tentative map shall roughly indicate the ultimate plan for the whole. (Ord. 234 §1, 1980: Ord. 98 §16. 1966).

16.16.060 Filing--Fee.

Twenty five (25) copies of a tentative map, and statement of the proposed subdivision of any land shall be presented to the City Clerk at least twenty (20) days prior to the Planning Commission meeting at which the map will be formally filed, together with a fee of one hundred dollars ($100.00) plus two dollars ($2.00) per lot, paid to the City to cover the cost of checking. (Ord. 234 §1, 1980: Ord. 98 §16, 1966).

16.16.065 Reimbursement of expenses:

In addition to the basic processing fee specified in Section 16.16.060, an applicant for subdivision approval under this Title shall reimburse the City for all expenses incurred by it in connection with the project, including but not limited to payments for engineering, planning, legal, consulting, and other similar services, and such reimbursement shall be a condition of approval of the tentative or parcel map for the project. At the time the application is filed the applicant shall execute a written agreement, in form satisfactory to the City, providing for such reimbursement and for an advance deposit of funds to be held by the City and applied to the payment of such costs and expenses as the same are incurred. (Ord. 345 §1, 1990).

16.16.070 Submittal of copies to certain offices:

The City Clerk shall transmit copies of the tentative map to the City Engineer, City Health Officer, irrigation district, utility companies serving the area, and to the District Engineer, California Department of Transportation, if the subdivision is adjacent to a State highway. When the proposed subdivision is adjacent to the corporate limits of the City, a copy of the tentative map shall be submitted to the secretary of the Monterey County Planning Commission. (Ord. 234 §1, 1980: Ord. 98 §16, 1966).

16.16.080 Notification of nonconforming aspects:

Any department or agency receiving a copy of the map shall notify, within ten (10) days of receipt thereof, the Planning Commission of particulars which do not conform to the requirements of this Title coming within its authorized scope. Failure to so notify the Planning Commission shall be deemed approval of the tentative map by the respective agency. (Ord. 234 §1, 1980: Ord. 98 §16, 1966).

16.16.090 Report by Commission to subdivider.

Any report or recommendation on the tentative map by the staff of the Planning commission or City Council shall be in writing and a copy thereof shall be served on the subdivider at least three (3) days prior to any hearing or action on such map by the Planning Commission or the City Council. (Ord. 234 §1, 1980: Ord. 180 §10, 1975: Ord. 98 §5, 1966).

16.16.100 Planning Commission action.

A.    Actual date of filing of the map shall be deemed to be at the next open agenda of the Planning Co:mritission meeting following the filing of the tentative map with the City Clerk.

B.    The Planning Commission shall hold a public hearing on the tentative map notice thereof shall be given as provided in section 66451.3 of the Government Code. Any interested person may appear at such a hearing and shall be heard.

C.    The Planning Commission shall investigate each tentative map filed with it pursuant to this Chapter and the Subdivision Map Act and the improvements proposed to be constructed and installed to serve the subdivision. At the conclusion of the hearing on the map the Commission shall make a report with respect to the design of the subdiv:.sion and the kind, nature and extent of the proposed improvements to the city council. The report of the planning commission shall include the findings and recommendations on the findings required by the Subdivision Map Act. The report shall be made and forwarded to the city council and filed with the city clerk with a recommendation of approval, approval with conditions or denial of each tentative map within fifty days of the date the tentative map was filed with the secretary of the planning commission.

D.    Where the planning commission recommends approval or conditional approval of tentative map, it shall also recommend, pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which such tentative map is filed, provided, however, where the planning commission does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. (Ord. 234 §1(part), 1980: Ord. 180 §11, 1975; Ord. 98 §17(part), 1966).

16.16.110 City council action:

A.    At the next regular meeting of the city council following the filing of the planning commissions report with it, the city council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty days thereafter.

B.    The city council shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Government Code. Any interested person may appear at such a hearing and shall be neard.

C.    The city council shall review the planning commission’s report on a proposed tentative map, shall consider the matter and shall approve, conditionally approve or disapprove the tentative map within the time limits prescribed by the Subdivision Map Act. The city council shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any improvements required to be constructed or installed to serve the subdivision. If the city council fails to act within the required time limit, the recommendations of the planning commission regarding the tentative map shall be deemed to be the decision of the city council in regard thereto.

D.    The city council shall not approve or conditionally approve a tentative map unless they find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable plans.

E.    The city council shall not approve or conditionally approve a tentative map if they make any of the following findings:

1.    That the proposed map is not consistent with applicable general and specific plans;

2.    That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans;

3.    That the site is not physically suitable for the type of development;

4.    That the site is not physically suitable for the proposed density of development;

5.    That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6.    That the design of the subdivision or the type of improvements are likely to cause serious public health problems;

7.    That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city council may approve a map if they find that alternate easements for access or for use will be provided and that those will be substantially equivalent to ones previously acquired by the public;

8.    That all requirements of the California Environmental Quality Act and the city and state guidelines adopted pursuant thereto have not been met;

9.    That the proposed map fails to meet or perform any of the requirements or conditions of this title or the Subdivision Map Act unless they find that such failure is a result of a technical and inadvertent error which does not materially affect the validity of the map. (Ord. 234 §1(part), 1980: Ord. 180 §12, 1975: Ord. 98 §17(part), 1966).

16.16.120 Expiration of tentative maps:

A tentative map shall expire twenty-four months from the date it was approved or conditionally approved, unless it is extended in accordance with the provisions of Section 16.16.130. (Ord. 312 §1(part), 1985: Ord. 234 §1(part), 1980: Ord. 98 §18, 1966).

16.16.130 Extension of tentative map.

A.    Upon application of the subdivider filed prior to the expiration of an approved or conditionally approved tentative map, the time at which the map expires may be extended by the city council for a period or periods not exceeding a total of three years. Such application shall be filed at least thirty days, but not more than ninety days, prior to the date of expiration and shall state the reasons for the requested extension.

B.    The city council may approve, conditionally approve, or deny the requested extension. In granting the extension the city council may impose new conditions and may revise existing conditions.

C.    Prior to acting upon an application for extension the City council may refer the application to the planning commission for recommendation and report. The planning commission shall report within forty-five days of the council’s referral. (Ord. 312 §1(part), 1985: Ord. 234 §1(part), 1980: Ord. 98 §19, 1966).

16.16.140 Improvement plans.

After the approval or conditional approval by the planning commission of the tentative map of any subdivision, the subdivider shall furnish the following information to the city engineer and shall receive authorization of the city engineer before submission of the final map to the secretary of the planning commission:

A.    A grading plan consisting of typical cross-sections and finished grades of all lots, roads, streets and highways in the proposed new subdivision;

B.    Plan profile drawings on all streets, sewer and drainage improvements; utilities may be shown in plan only. All tracings or duplicate tracings shall be filed with the city engineer; all work submitted to and signed by the City engineer;

C.    Estimated costs of improvements to be dedicated to the city of other public agency. The cost of estimate shall include ten percent contingency;

D.    Any other pertinent information required by the conditional approval of the planning commission or required by the city councilor city engineer. (Ord. 234 §1(part), 1980).