CHAPTER 33.
SUBDIVISION.

Article 1. In General

§ 33-1.    Authority.

§ 33-2.    Purpose, intent and scope.

§ 33-3.    Short title.

§ 33-4.    Conformance with General Plan, precise plans, and the zoning ordinance.

§ 33-5.    Advisory agency designated.

§ 33-6.    Minor Subdivision Committee established.

§ 33-7.    Definitions (Ord 3402, 01/08).

§ 33-8.    Responsibilities of agencies.

Article 2. Types of Subdivisions.

§ 33-9.    Residential Condominium subdivisions (Ord 3402, 01/08).

§ 33-10.    Hillside subdivisions.

§ 33-11.    Minor subdivisions.

§ 33-12.    Nonresidential subdivisions.

§ 33-13.    Standard subdivisions.

§ 33-14.    Tandem lot subdivisions.

§ 33-14.5    Voluntary merger of lots; process

Article 3. Basic Design Objectives and Requirements.

§ 33-15.    Purpose

§ 33-16.    Existing environmental conditions.

§ 33-17.    Community facilities.

§ 33-18.    Relationship to surrounding lands.

§ 33-19.    Subdivision of a part.

§ 33-20.    Buildable lots.

§ 33-21.    Access to public streets.

§ 33-22.    Lot criteria.

§ 33-23.    Block criteria.

§ 33-24.    Streets and arterials.

§ 33-25.    Design adjacent to thoroughfares.

§ 33-26.    Curbs, gutters and sidewalks.

§ 33-27.    Street trees and landscaping.

§ 33-28.    Existing trees.

§ 33-29.    Park and recreation dedication and fees.

§ 33-30.    Street names.

§ 33-31.    School site dedications; standard procedure.

§ 33-32.    School site dedications; conditions of overcrowding.

§ 33-33.    Reservations.

§ 33-34.    Pedestrian, equestrian and bicycle paths.

§ 33-35.    Improvements, general.

§ 33-36.    Transit facilities.

§ 33-37.    Recreational vehicles.

§ 33-38.    Waiver of direct access to streets.

§ 33-39.    Public access to public resources.

§ 33-40.    Passive or natural heating or cooling.

§ 33-41.    Mobilehome parks.

Article 4. Exceptions.

§ 33-42.    Optional design and improvements provisions.

§ 33-43.    Variances based on hardship.

§ 33-44.    Extension of time limits.

§ 33-45.    Additional requirements.

§ 33-46.    Appeals.

§ 33-47.    Revocation of appeals.

§ 33-48.    Exclusions.

Article 5. Standard Subdivisions.

Division 1. Preliminary Maps.

§ 33-49.    Purpose.

§ 33-50.    Filing of preliminary map.

§ 33-51.    Form and content of preliminary map.

§ 33-52.    Action on preliminary maps.

§ 33-53.    Timing.

§ 33-54.    Fees.

Division 2. Tentative Maps.

§ 33-55.    Purpose.

§ 33-56.    Filing of tentative map.

§ 33-57.    Form and content of tentative map.

§ 33-58.    Requirement for an EIR.

§ 33-59.    Action on tentative maps.

§ 33-60.    Expiration of tentative map approval.

§ 33-61.    Compliance with all City requirements.

§ 33-62.    Fees for filing of tentative map.

§ 33-63.    Subdivisions of unincorporated territory.

Division 2.1. Relating to Vesting Tentative Maps

Division 3. Final Maps.

§ 33-64.    Purpose.

§ 33-65.    Filing.

§ 33-66.    City Engineer.

§ 33-67.    Form and content of final map.

§ 33-68.    Action on final maps.

§ 33-69.    Improvement security.

§ 33-70.    Survey bonds.

§ 33-71.    Fees.

§ 33-72.    Dedication regulations for streets, alleys, drainage, public utility easements and other public easements.

§ 33-73.    Drainage and sewer facilities.

§ 33-74.    Bridge crossings and major thoroughfares.

§ 33-75.    Supplemental improvements reimbursement agreements.

§ 33-76.    Reversion to acreage by final map.

§ 33-77.    Environmental impact and grading and erosion control.

§ 33-78.    Inspection of improvements: Subdivisions and Planned Unit Developments.

Article 6. Minor Subdivisions.

§ 33-79.    Purpose.

§ 33-80.    Minor subdivision map.

§ 33-81.    Filing.

§ 33-82.    Requirement for an EIR.

§ 33-83.    Fees.

§ 33-84.    Action on minor subdivision map.

§ 33-85.    Filing of parcel map.

§ 33-86.    Waiver of parcel map requirements.

§ 33-87.    Dedications.

§ 33-88.    Procedures.

§ 33-89.    Recordation.

Article 7. Enforcement -- Severability.

§ 33-90.    Enforcement.

§ 33-91.    Severability.

Article 8. Merger of Substandard Lots.

§ 33-100.    Authority

§ 33-101.    When lots may be merged.

§ 33-102.    Procedure to merge lots.

Article 9. Covenant of Easement. (Ord. 3488, 11/13)

§ 33-200    General provisions.

§ 33-201    Applicability.

§ 33-202    Contents of covenant.

§ 33-203    Acceptance by City.

§ 33-204    Recordation.

§ 33-205    Effect of covenant.

§ 33-206    Enforceability of covenant.

§ 33-207    Release of covenant.

§ 33-208    Fees.

ARTICLE 1.
IN GENERAL.

Sec. 33-1. Authority.

The provisions of this Chapter are enacted pursuant to the Subdivision Map Act of the State of California as the same is or may be amended. The provisions of this Chapter are in addition to the regulations contained in the Subdivision Map Act and supplemental hereto. The enactment of this Chapter in conformity with the provisions of said Act does not, nor should it be construed to, in any way limit the authority of the City of Monterey, a charter city under the Constitution of the State of California, to legislate with regard to its municipal affairs, including all aspects of land subdivision within its boundaries.

Sec. 33-2. Purpose, intent and scope.

(a)    For the purpose of promoting the public health, safety, convenience and the general welfare, the design, improvement and survey data of any subdivision of real property, the form and content of tentative, final and parcel maps thereof, and the procedures to be followed in review and official action thereon, shall be governed by the provisions of this Chapter, the Zoning Ordinance and the General Plan.

(b)    This Chapter is primarily intended to regulate the design and improvement of subdivisions and to establish procedures and responsibilities for the processing and approval of the various types of subdivision maps and related requirements.

(c)    It is also the purpose and intent of this Chapter to promote new concepts and innovations in the design arrangement of building sites within subdivisions. The advisability of considering alternatives to the traditional approach to the subdivision of land is recognized and encouraged where such will facilitate the ultimate development of the land in a manner that will be commensurate with contemporary living patterns and technological progress.

(d)    In carrying out the provisions of this ordinance, the City shall consider their effect on the housing needs of the region and balance these needs against the public service needs of the City’s residents and available fiscal and environmental resources.

Sec. 33-3. Short title.

This Chapter is adopted to supplement and implement the Subdivision Map Act and shall be known and may be cited as “The Subdivision Ordinance of the City of Monterey.”

Sec. 33-4. Conformance with General Plan, precise plans, and the zoning ordinance.

The Planning Commission shall deny approval of a tentative or final map if it makes any of the following findings:

(a)    That the design or improvement of the proposed subdivision is not consistent with the objectives, policies, general land uses and programs of the City’s adopted General Plan and applicable specific plans.

(b)    That the site is not physically suitable for either the type or density of the proposed development.

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

(d)    That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

(e)    That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. In this connection, the Planning Commission may approve a map if it finds that alternate easements for accessory use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or easements established by judgment of a court of competent jurisdiction. (Ord. 3429 § 1, 2009)

Sec. 33-5. Advisory agency designated.

The Planning Commission is hereby designated as the advisory agency with respect to standard subdivisions as provided in the Subdivision Map Act of the State of California. The Planning Commission shall make investigations and reports on the design and improvement of any proposed division of real property for which a tentative map is filed, and shall consider requirements and conditions that should be placed upon such division of land. The Public Works Director as defined in Section 38-11 shall advise and assist in making investigations and reports on tentative maps. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-6. Minor Subdivision Committee Established.

There is hereby established a Minor Subdivision Committee, to consist of the Chair of the Planning Commission and the Public Works Director, or their authorized representatives. The Minor Subdivision Committee shall constitute the advisory agency for minor subdivision maps and lot line adjustments.

The Minor Subdivision Committee shall make the investigations and reports on any division of land for which a minor subdivision map is filed pursuant to this Chapter, and for any lot line adjustment, and the Committee shall have the authority to impose requirements and conditions upon such division of land or lot line adjustment, and to approve, conditionally approve, or disapprove such division of land or lot line adjustment. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-7. Definitions.

Whenever any words or phrases used in this Chapter are not defined herein, but are defined in the Subdivision Map Act as last amended, such definitions shall apply as though set forth herein in full, unless the context clearly indicates a contrary intention.

The following words and phrases shall have the meaning respectively ascribed to them:

Access strip: A narrow strip of land which is designed primarily to provide access between the main building or use area of a tandem lot and a street; and which is part of the lot.

Advisory agency: The Planning Commission of the City of Monterey.

Agency: An individual person, public or private corporate body, official or department, including but not limited to City officials, utility companies, special districts and the like, which are charged with the responsibility of reviewing, acting upon, or providing services in connection with, a subdivision or the occupants thereof.

Block: An area of land within a subdivision entirely bounded by streets (other than alleys or private drives), highways, natural barriers or the boundaries of the subdivision.

City Council: The City Council of the City of Monterey.

City Engineer: The City Engineer of the City of Monterey.

Condominium: The terms condominium, condominium project, community apartment, stock cooperative, and planned developments shall be defined in accord with the current law of the State of California. For purposes of this Section, the term condominium project, wherever herein used, shall include all of the above terms and those projects involving common ownership. (Ord 3402; 01/08)

Contiguous unit: Real property shown on the latest county assessment roll as a unit, even if it is separated by streets or other ways or easements.

Curb Return: The circular section of curbing connecting two intersecting streets.

Deep lot: A lot which has an average depth which is more than two and one-half times greater than its average width.

Design: The overall layout of the proposed subdivision, including but not limited to, the arrangement, width, grade, and alignment of streets and intersections; the layout and the size of lots; the installation of improvements; the width and the location of easements and right-of-way for utilities; drainage structures and sewers; the location of public and semi-public facilities; and the program for the preservation of natural features.

Dwelling unit: One or more habitable rooms which are occupied or which are intended or designed to be occupied by one family, with facilities for living, sleeping, cooking, and dining and which may be located in a single or in a multiple dwelling unit building.

Easements dedicated: An easement dedicated to the City and/or public utility, to be used for streets, alleys, other public ways or places, sanitary sewers, drainage, utilities, greenbelts, open space or scenic easements or other public purpose.

Engineer: A registered civil engineer, licensed by the State of California.

Final map: A map prepared in accordance with the provisions of the Map Act and of this Chapter and which is designed and intended to be placed on record in the office of the Monterey County Recorder.

General Plan: The General Plan of the City of Monterey and any amendments or additions thereto.

Improvement: Such street work, drainage, sanitary sewers, structures, utilities, landscaping, parks, or other such facilities as are proposed or required to be installed on the land or appurtenant thereto as necessary for the use or benefit of the lot owners in the subdivision, the surrounding area or for general community needs; but not including principal or accessory buildings intended for private occupancy.

Intersection: The place at which two or more streets meet.

“X” intersection: An intersection at which one street crosses another street, generally at a right angle.

“T” intersection: An intersection where one street terminates at another street, generally at a right angle.

“Y” intersection: An intersection at which one street intersects another street at an acute angle.

Landform: Terrain features formed by natural processes which have a definable combination and range of physical and visual characteristics; i.e., geologic formations, soil characteristics, groundwater conditions, watercourses, vegetation, topography and the like.

Lot: A parcel or portion of land, established for purposes of sale, lease, finance, division of interest, gift, inheritance, or separate use, separated from other lands by description on a subdivision map, parcel map, deed or other title transfer instrument, or by metes and bounds.

(a)    Lot depth, average: The sum of the length of the two side lines of the lot divided by two.

(b)    Lot depth: The mean horizontal distance between the front and rear lot lines or between the front lot line and intersection of the two side lines if there should be no rear lot line, measured along a line from the midpoint of the front lot line to the midpoint of the rear lot line.

(c)    Lot line, front: In the case of an interior lot, a line separating the lot from the street; and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in those cases where the latest recorded tract deed restrictions, approved as part of subdivision approval, specify another line as the front lot line.

(d)    Lot line, rear: A lot line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore-shaped lot, a line within the lot most nearly parallel to and at the maximum distance from the front lot line.

(e)    Lot line, side: Any lot boundary line not a front line or a rear lot line.

(f)    Lot width: The mean width of the lot measured at right angles to the lot depth at a point midway between the front and rear lot lines.

(g)    Irregular shaped lot: Any lot, not including tandem lots, with more than four sides.

Map act: The Subdivision Map Act of the State of California.

Minor subdivision: Any real property, improved or unimproved -- including condominiums, planned developments, and resubdivisions, shown on the latest adopted Monterey County Property tax rolls as a unit or contiguous units, divided or to be divided immediately or in the future into four or fewer lots, by combining parcels, establishing new lot lines or by altering existing lot lines, for the purpose of sale, lease, financing, transfer of title, division of interest, gift, inheritance, or separate use. Any such division made solely for street-widening purposes, or for the purpose of financing, or leasing apartments, offices, stores, or similar spaces within an apartment building, industrial building, commercial building or trailer park, shall not be considered a minor subdivision.

Multiple family dwelling project: The development of five or more dwelling units.

Natural ravines: Includes canyons, gullies, and valleys, generally of narrow configuration in proportion to their length and bounded by steep, sloping sides and generally containing significant trees or other natural vegetation.

Natural waterways: Includes the beds of significant rivers, streams, creeks or other natural watercourses providing drainage for an area, whether flowing continuously or intermittently.

Neighborhood: A geographical unit bounded by arterial streets, by substantial nonresidential land uses, or by natural barriers; in which residents may all share the common services and facilities required in the vicinity of the dwellings; and which possesses a certain degree of physical, social and economic homogeneity. A neighborhood should contain from 600 to 1,000 families, or a population sufficient to support one elementary school.

Non-access strip: A strip of land, not less than one foot wide, deeded or dedicated to the City of Monterey for the purpose of regulating access to thoroughfares from adjacent properties.

Open space usable: Any portion of a lot, including decks, balconies or the roof of a garage or carport not over 12 feet above grade, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways or service areas and shall not have a slope greater than 10% or any dimension less than ten feet except decks or balconies which shall have a minimum dimension of five feet.

Owner: The individual, firm, partnership, corporation, or other business or legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the law of the State of California and this Chapter.

Parcel map: A map showing a division of real property into four or fewer parcels prepared under the provisions of the Subdivision Map Act and this Chapter.

Parkway: The area between the curb line and the property line.

Planned unit developments: Residential, commercial, or industrial developments which utilize the advantages of large scale site planning to provide diversity in the relationships of building, structures, and open spaces.

Planning Commission: The Planning Commission of the City of Monterey.

Preliminary map: A map drawn at a scale and in sufficient detail to show the essential characteristics of the site and the proposed subdivision, but not as detailed as the tentative map. The purpose of the preliminary map is to provide a means of early review by the Public Works Director to make the subdivider aware of any special policies or programs concerning the land to be subdivided and to make the City aware of proposals which may affect plans for public services and facilities.

Standard specifications: All the standard specifications and standard detailed drawings for public improvements as adopted by resolution of the City Council.

Street: A way, the entire width of which is within a publicly owned right-of-way, and which contains pedestrian, vehicular, and utility improvements, facilities, and appurtenances. The term shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. Types of streets include:

(a)    Alley: A street of less than normal width and/or improvement standards which is designed primarily for the purpose of providing secondary access to abutting property.

(b)    Arterial: A street designed to serve high volume inter- and intra-city traffic and to act as a distributor between freeways, other thoroughfares, and major traffic generators.

(c)    Collector street: A street designed to collect and distribute traffic between local streets and thoroughfares.

(d)    Cul-de-sac: A local street open at one end only which has a turn-around for vehicles at the closed end.

(e)    Freeway: An arterial highway designed for through traffic, having restricted or full control of access, and grade separated intersections.

(f)    Frontage road: A street adjacent and auxiliary to a freeway, thoroughfare or parkway, and separated therefrom by a divided strip which provides access to abutting property.

(g)    Industrial street: A street which serves an industrial area.

(h)    Local street: A street which provides direct access to abutting properties, primarily in residential districts.

(i)    Loop street: A local street, both ends of which intersect the same through street, and which has no intermediate intersections with other through streets.

(j)    Scenic drive: A street designed as a Scenic Highway by the State of California or the City of Monterey and designed to special standards or to serve special purposes or places in the community.

Street, private: A way designed primarily for the purpose of providing vehicular access to abutting property, the entire width thereof being privately owned and the improvements therein are or may be privately owned and/or maintained.

Subdivider: Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity commencing proceedings to effect a subdivision of land for himself or another under the terms of this Chapter.

Subdivision: The division of any improved or unimproved land, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. “Subdivision” includes a condominium project as defined herein or in Section 783 of the Civil Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003.2 of the Business and Professions Code.

Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. The most common types of subdivision are:

(a)    Condominium subdivisions: A division of real property in which the airspace within a building is subdivided; and is accompanied by an undivided interest in appurtenant real property held in common with other owners within the subdivision.

(b)    Hillside subdivisions: Hillside subdivisions are those which qualify for the application of special design and improvement standards because of their hillside characteristics as determined by the application of a special formula to establish the average cross slope of the land.

(c)    Minor subdivisions: A division of real property which creates four or fewer subdivided parcels.

(d)    Nonresidential subdivisions: A subdivision of real property for the purpose of creating parcels designed for commercial or industrial or other nonresidential land use activity.

(e)    Standard subdivisions: Standard subdivisions refers to those divisions of real property into five or more contiguous parcels and which are processed under the provisions of this Chapter as preliminary maps, tentative maps, and final maps.

(f)    Tandem lot subdivisions: A division of land involving one or more tandem lots.

(g)    Residential conversions: A subdivision shall include the conversion of a residential development to a condominium, community apartment project, or planned development.

“Subdivision” does not include the following:

(a)    The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks, except that the offering of leases within a mobilehome park as a mandatory requirement and prerequisite to tenancy within the mobilehome park shall be subject to the subdivision map or parcel map requirements in this Chapter.

(b)    Mineral, oil, or gas leases.

(c)    Land dedicated for cemetery purposes under the Health and Safety Code of the State of California.

(d)    A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created; however, the lot line adjustment must be approved by the Minor Subdivision Committee.

(e)    Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.

(f)    The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the financing or leasing is not subject to review under other City ordinances regulating design and improvement.

(g)    The financing or leasing of existing separate commercial or industrial buildings on a single land parcel.

Surveyor: A land surveyor licensed by the State of California.

Tandem lot: A lot, the main use of building area of which does not abut a public street but is connected thereto by a narrow strip of land which is a part of the lot.

Tentative map: A map showing the design of a proposed subdivision and the existing conditions in and around said subdivision. It need not be based upon an accurate or detailed final survey of the property, except as otherwise provided in this chapter.

Trunk caliper: The diameter of the trunk of a tree or individual member of a tree group measured two feet above the existing ground level at the base.

Utility company: Any person or agency, public or private, which supplies electricity, communications, water, natural gas, or similar services to consumers.

Way: A defined route established for the transversal, passage or transmittal of persons, animals, vehicles, goods or services. Such may be public or private, improved or unimproved, and may or may not provide access to abutting property. The term includes streets, alleys, highways, bicycle, pedestrian or equestrian trails and paths, utility and access easements and the like.

Zone of influence: An area comprised of those properties lying within a specified radius of or distance from a proposed subdivision, and within which landowners are given notice of a proposed subdivision.

Zoning ordinance: The zoning ordinance of the City of Monterey. (Ord. 3524 § 2, 2015; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-8. Responsibilities of agencies.

(a)    Subdivider. The subdivider shall prepare maps and shall design improvements consistent with the standards of the City. He shall process the maps in accordance with the regulations set forth herein.

(b)    Public Works Director. The Public Works Director shall be responsible for analyzing the design and coordinating the processing of minor subdivision maps, preliminary maps, and tentative maps. The Public Works Director shall be responsible for coordinating the processing of final maps and parcel maps. In addition, he/she shall be responsible for determining whether the proposed subdivision improvements are consistent with the Standard Specifications for Improvements and with good engineering practice. He/She shall also be responsible for the supervision of the design and the installation of such improvements and, upon finding them acceptable, shall recommend their final approval. He/She shall also be responsible for certifying parcel maps and final maps as to their form and content and conformance with the action of the Minor Subdivision Committee or Planning Commission.

(c)    Planning Commission. The City Planning Commission shall act as the advisory agency. As such, it is charged with considering investigations and reports on the design of the proposed subdivisions and determining the conformance of the proposed subdivisions to the General Plan and this Chapter. The Planning Commission, having been delegated the authority by the legislative body, has final jurisdiction in the approval of tentative and final subdivision maps; the establishment of standards of design; and the acceptance of lands and improvements that may be proposed for subdivision development, except as may be otherwise provided.

(d)    Planning Secretary. The Planning Secretary shall schedule the processing of subdivision maps before the Planning Commission and shall be responsible for the filing of final subdivision maps and parcel maps with the County Recorder.

(e)    Other agencies. All agencies which the Public Works Director determines may be affected by a proposed subdivision shall, upon receiving copies of such proposed subdivision, expeditiously review it and report to the Public Works Director the manner and extent to which the proposal affects such agency. Failure to so report within a reasonable time as specified by the Public Works Director shall be deemed approval of the proposal by the agency.

(f)    Minor Subdivision Committee. The Minor Subdivision Committee shall review and have the authority to approve, conditionally approve, or disapprove minor subdivisions, as defined herein. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

ARTICLE 2.
TYPES OF SUBDIVISIONS.

Sec. 33-9. Residential Condominium Subdivisions (Ord 3402, 01/08).

In addition to all other applicable requirements of this Chapter, subdivisions which consist of condominiums or other similar legal vehicles to create new condominiums by new construction or by converting existing multiple family housing to individual ownership shall meet the requirements of this Section. All condominium subdivisions shall also conform to the Zoning Ordinance.

A.    Permit Requirements. Tentative Map and Use Permit approval is required for all residential condominium applications.

B.    Application Submittal Requirements. In addition to Preliminary Map and Tentative Map application submittal requirements described in Sections 33-51 and 33-57 and use permit submittal requirements on file in the Planning Office, all residential condominium applications shall include:

1.    Plans. Six copies of architectural site plan, floor plan and architectural elevation drawings sufficient to describe all of the proposed improvements. These improvements shall include all buildings and structures, all pavement and walkways, all parking areas, all recreation areas, all trash and all storage areas, all trees existing and proposed, including those proposed for removal, and all landscape areas. The submitted plans shall include building area calculations, the total number of parking spaces provided and the ratio of parking spaces to units, open space calculations and the ratio of square feet of open space to units, and storage area calculations.

2.    Conditions, Covenants and Restrictions. An outline of the proposed Conditions, Covenants and Restrictions (CC&R’s) sufficient to describe the form of the Association and responsibilities for management of common areas. The outline shall include details on any special assessments, how assessments will be made, how the board will be selected, identify if super-majority votes will be required and for what action, discuss the “sinking fund,” and identify the Association’s and Developer’s role in the “sinking fund.”

3.    Compliance with State Subdivision Map Act Provisions. A statement outlining the application’s compliance with the current provisions of the State Subdivision Map Act provisions for condominium conversions, the City of Monterey Subdivision Ordinance, Chapter 33, and the City of Monterey Zoning Ordinance Section 38-26.

C.    Additional Application Submittal Requirements for Residential Condominium Conversion Projects. In addition to submittal requirements outlined in subsections (A) and (B) of this section, Residential Condominium Conversion applications shall be required to submit the following additional information:

1.    Tenant Information. Tenant and rental information consisting of:

(a)    The name of the authorized occupant(s) of the rental premises, the length of present occupation and expiration dates of present leases;

(b)    A list of the names and unit numbers of all present tenants;

(c)    A list of all presently vacant units within the project;

(d)    Household demographics of all tenants including any potentially extreme hardship households as described in subsection (F)(2)(b) of this section; household income as identified in rental application; the number of children with ages, if known; and pets;

(e)    Identify any units that may be subsidized by rental assistance programs such as, but not limited to, Section 8 Housing or HOME Tenant Based Rental Assistance; and

(f)    Number of vehicles per household, if known.

2.    Tenant Notification. A copy of all notices sent to tenants informing them of “Intent to Convert” and documentation of the date the notice was provided.

3.    Existing Property Plans and Report Information. A property assessment report describing the condition, the normal useful life, and the remaining useful life of building and site features. The property assessment report shall include an existing site survey and assess all of the following features:

(a)    Paving, walkways and hardscape areas such as brick, cobblestone or interlocking pavers;

(b)    Site drainage;

(c)    Foundations;

(d)    Exterior walls;

(e)    Roof structure and roof covering;

(f)    Guard rails and steps;

(g)    Glass, glazing and screens;

(h)    Interior cabinets, counters, sinks, tubs and floor coverings;

(i)    Electrical systems including analysis of compliance with current code standards and/or verify that systems are adequate under current code standard;

(j)    Plumbing including assessment/constraints to add individual water meters;

(k)    Heating and air-conditioning;

(l)    Fire safety systems;

(m)    Fire walls and draft stops;

(n)    Exterior and interior insulation (sound and thermal);

(o)    Weather stripping;

(p)    Light and ventilation;

(q)    Appliances to be left in the unit including age of appliance and form of documentation to establish age;

(r)    Exterior lighting;

(s)    Interior and exterior common or public areas;

(t)    Landscaping including irrigation system and tree removals;

(u)    Recreational facilities including swimming pool safety components and condition and age of support equipment;

(v)    Security improvements, including fences and gates; and

(w)    On-site parking spaces and calculated ratio of on-site parking spaces to units.

Qualified professionals other than licensed architects and engineers may prepare sections of the property assessment reports as long as the entire report is submitted under the responsible charge of and signed by a licensed architect or civil engineer.

4.    Environmental, Structural, Seismic Resistance, Pest Control and Code Compliance Analysis Reports. Environmental, structural, seismic resistance, pest control and code compliance analysis reports consisting of:

(a)    Comprehensive Environmental Survey Assessment to include asbestos sampling, paint chip sampling for lead-based paint and mold sampling;

(b)    Detailed structural engineering assessment of the current seismic resistance condition of all structures based on review of building division records, site inspection and selective destructive testing as determined necessary by the Chief of Inspection Services/Building Official or Designee;

(c)    A pest control report prepared by a person licensed to prepare such report;

(d)    Analysis of existing improvements and their consistency with current code requirements. Identify improvements that do not conform with current code requirements and identify improvements needed to conform; and

(e)    A summary report documenting the date and purpose for all building permits issued for the property.

5.    Seismic Resistance Disclosure Statement. A disclosure statement that acknowledges the current seismic resistance condition of the site structures.

6.    Proposed Improvement Schedule. A schedule of any and all improvements to be made to the project. Include in the schedule list all improvements proposed to correct deficiencies identified in the property report sections. Identify in the schedule all improvements that will be completed prior to applying for Final Map recordation and/or prior to the sale of individual units. Include any proposed schedule of phased unit sales.

7.    Proposed Plans and Reports. Six copies of a plot plan and architectural plans with at least the following information, drawn to scale:

(a)    The location, height, gross floor area and architectural plans sufficient to describe the exterior appearance of all structures and proposed uses for each existing structure and unit to remain and for each proposed new structure;

(b)    The location, use and type of surfacing for all open storage areas;

(c)    The location, dimension size, access and screening of refuse areas;

(d)    Identification of all existing open space and private open space and calculate the area difference between existing and proposed;

(e)    The location of nearest bus stop and path of disabled accessible travel to the property;

(f)    The location of all fire hydrants and emergency truck turnaround;

(g)    The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts;

(h)    The location, height, and type of materials for walls or fences;

(i)    The location of all landscaped areas, the type of landscaping, and method of irrigation;

(j)    The location and description of all recreational facilities;

(k)    The location and dimension size of all parking spaces. Calculate and show existing parking space to unit ratio and proposed ratio. Identify the location, size and number of parking spaces to be used in conjunction with each condominium unit and identify the number of spaces assigned to individual units. Identify and locate disabled accessible parking spaces. Identify and locate shared and visitor parking spaces;

(l)    The location, type and size of all drainage pipes and structures;

(m)    The location, type and size of all on-site and adjacent overhead utility lines; and

(n)    A grading plan showing existing contours, building pad elevations, and percent slope for all driveways, parking areas, walkways, disabled accessible travel paths and pedestrian ways.

D.    Development Standards for New Residential Condominium Projects and Residential Condominium Conversion Projects. New residential condominium developments and residential condominium conversion projects are subject to land use and development standards set forth in Zoning Ordinance Section 38-26.

E.    Minimum Improvement Standards for Residential Condominium Conversion Projects. In addition to development standards outlined in Zoning Ordinance Section 38-26, residential condominium conversions are subject to the following minimum improvement standards:

1.    Noise and Sound Transmission. Units shall be improved to meet the noise transmission standards of the current Building Code to achieve a Sound Transmission Class (STC) and Impact Insulation Class (IIC) rating of 50. All units shall be field tested after improvements have been made to assure that the unit meets the STC standard. An acoustical engineer shall prepare a noise transmission report for the dwelling units. The report shall meet the standards for field-testing and provide certification that the STC rating of 50 is met.

2.    Recycling and Waste Enclosures. Recycling and waste enclosures shall be subject to review and approval of the City Manager or Designee and shall conform to Recycling and Waste Enclosure Standards and Guidelines as adopted by the City of Monterey Planning Commission. Existing enclosures that do not conform to adopted standards and guidelines shall be upgraded to conform. All recycling and waste enclosures shall be disabled accessible to all dwelling units and shall be located no more than 150 feet from any unit.

3.    Correction of Immediate Hazards. The Chief of Inspection Services/Building Official, Fire Chief, and the City Manager or Designees shall review the property reports, physically inspect the premises requested for conversion and shall submit a report upon the results of such inspection, including any identified Code violations to the Planning Commission and developer. The correction of any such violations shall be required as a Condition of Approval and they shall be corrected prior to recording the Final Map or Parcel Map, unless such Code violations are deemed to be immediately hazardous to the residents of the project, in which case they will be corrected in accordance with Notice of Compliance procedures. To ensure that such corrections are complete, the Chief of Inspection Services/Building Official or Designee shall inspect the property prior to approval of the Final Map and provide to the City Engineer a report on the status of the required corrections. In the event that the corrections are not complete, the City Engineer will not approve the Final Map or Parcel Map for recordation.

4.    Minimum Building and Site Improvements. A developer shall be required to provide the following building and site improvements to the property that is approved for conversion. All required improvements shall conform to the requirements of the current Building Code or other adopted code that is applied to building construction and other codes, including but not limited to, Mechanical Code, Plumbing Code and Fire Code. Additional property improvements may be required by the Chief of Inspection Services/Building Official or Designee if the improvements are determined necessary to correct deficiencies that are identified in the property reports and inspection. The minimum building and site improvements shall include:

(a)    Building Improvements:

(i)    Verification of sound transmission rating;

(ii)    Handrails and guardrails, to standard;

(iii)    Deck flashing, to standard;

(iv)    Bedroom window size and egress, to standard;

(v)    Class A roof assembly; and

(vi)    Tempered glass/glazing, to standard.

(b)    Fire Protection Improvements:

(i)    Fire resistive ceiling and wall assembly;

(ii)    Fire separation (draft stops) in attic areas;

(iii)    Hard wire-smoke detectors;

(iv)    Fire alarms; and

(v)    Fire sprinkler retrofit.

(c)    Electrical Improvements:

(i)    GFCI (ground fault circuit interrupter) in kitchen, bath and exterior;

(ii)    AFCI (arc fault circuit interrupter);

(iii)    A minimum of two small appliance circuits in kitchen; and

(iv)    Identification of the location of all electrical sub-panels.

(d)    Plumbing Improvements:

(i)    Individual water heater per unit; and

(ii)    Separate water meter and shut-off per unit.

(e)    Gas and Electric Meter Improvements:

(i)    Separate gas meter per unit; and

(ii)    Separate electrical meter per unit.

(f)    Mechanical Improvements:

(i)    Furnace locations as authorized in current building code or other adopted code; and

(ii)    Exhaust fan in the bathroom, if there is no window ventilation.

(g)    Disabled Accessibility Improvements:

(i)    Ten percent of units to be disabled accessible or adaptable; and

(ii)    A disabled accessible path of travel from all identified accessible parking spaces to all accessible units.

(h)    Swimming Pool Improvements:

(i)    Anti-entrapment devices, to standard; and

(ii)    Security fence and gate, to standard.

5.    Off-Site Improvements. Prior to approval of the Final Map, the developer shall construct or provide financial security with the City guaranteeing construction of improvements to City standards of any and all substandard or deficient street improvements on or adjacent to the project. These improvements may include, but are not necessarily limited to, curbs, gutters, sidewalks, ramps, driveways, drainage devices, and street trees. The constructed improvements or bond shall be approved by the City Engineer.

6.    Pest Control Report Improvements. Prior to the approval of the Final Map, the developer shall repair or replace any damaged or infested areas in need of repair or replacement in accordance with the structural pest control report.

7.    Major Repairs Summary Report. Prior to issuance of a Certificate of Occupancy by the Chief of Inspection Services/Building Official or Designee, the developer shall prepare a summary report to document all major repairs to building and mechanical systems made during the renovation in accordance to the building permit and/or identified as necessary due to discovery during the renovation.

F.    Tenant Rights and Protections. Tenant rights and protections are established for residential condominium conversion projects as follows:

1.    Tenant Notification. Each written notice required by this Section shall provide a clear statement of purpose. The notices cannot be combined or merged and they shall be provided separately according to the notification time periods described below. Each written notice required by this Section shall also include information on programs for purchase of units, programs offered by the City and the developer to assist in purchase of units, estimated costs to purchase a unit, including qualifying income and monthly payments, and the hardship provisions in subsection (F)(2)(b) of this section. If these requirements are fulfilled and any other requirements set forth in Government Code Section 66427.1, the necessary Findings for Approval as set forth in Government Code Section 66427.1 can be made. Tenant notification consists of:

(a)    Sixty-Day Intent to Convert Notice. Each of the tenants of the proposed project shall receive written notification of intention to convert at least 60 days prior to the official filing of a Tentative Map. The 60-day notice shall advise the tenant that this is the first of several notices that they are required to receive and that this is the first notice of the owner’s intent to convert the building from rental to condominium ownership. The notice shall clearly indicate that: (1) an application will be filed with the City of Monterey for condominium conversion; (2) the property has not at this time been approved for conversion; (3) the tenant is not required to move at this time; (4) no term lease in good standing shall be terminated as a result of the conversion; (5) the tenant will have an opportunity to comment on the application and the tenant is encouraged to provide comment to the City of Monterey; (6) should the application be approved, the tenant will be offered a preferred opportunity to purchase their unit or another unit in the building; (7) should the conversion be approved, the tenant will be provided a minimum of one hundred eighty (180) days to leave the rental unit; and (8) tenants receiving the 60-day written notice shall qualify for relocation allowance and/or purchase benefits.

(b)    Ten-Day Planning Commission Public Hearing Notice. Each of the tenants of the proposed project has been, or will be, given written notification at least 10 days prior to the Public Hearing before the Planning Commission in which the Tentative Map will be considered for approval. This notification shall clearly indicate that: (1) Public Hearings are held to receive public comment on the application; (2) public comments are welcome and will be carefully considered by the Planning Commission; and (3) the tenant is encouraged to attend the Hearing and comment.

(c)    Ten-Day Final Map Approval Notice. Each of the tenants of the proposed project has been or will be given written notification 10 days after approval of the Final Map. Such notice shall comply with Government Code Section 66459, as necessary.

(d)    One Hundred Eighty Day Termination of Tenancy Notice. Each of the tenants of the proposed condominium, community apartment, or stock cooperative project has been or will be given 180 days’ written notice of the intention to convert, prior to termination of tenancy due to the proposed conversion. This notice shall not be given prior to the date of approval of the Tentative Map or Minor Subdivision Map for the condominium conversion by the City of Monterey. This notice shall be in the form required by Government Code Section 66452.11. This notice shall clearly indicate that the property owner may exercise the right to require the tenant to vacate the premises at the end of the 180-day period unless the tenant has longer occupancy rights due to a written lease for a specified term. This notice shall include information on programs for purchase of units including programs offered by the City of Monterey and the developer to assist purchase of both Inclusionary below market rate units and market rate units. Additionally, the 180-day period will be extended so that it will not expire before expiration of the 90-day exclusive right to purchase required in Section (g) below.

(e)    Ten-Day Notice of Application for Final Public Report Notice. Each of the tenants will have received written notification that an application for a public report will be, or has been submitted to the Department of Real Estate no later than 10 days prior to filing the application. This notice shall clearly indicate that the period for each tenant’s right to purchase begins with the issuance of the final public report.

(f)    Five-Day Public Report Notice. Each of the tenants of the proposed project will have received no later than five days after the issuance of a Final Public Report by the State Department of Real Estate notice of issuance of the report and notice that the report is available for review on request.

(g)    Ninety-Day Exclusive Right to Purchase Notice. Each of the tenants residing on the premises on the date of issuing the 60-day notification of the intention to convert shall be given written notice of an exclusive right to contract for the purchase of their respective units or others in the building on the same terms and conditions that such units will be offered to the general public or terms more favorable to the tenant. This notice shall be in the form required by Government Code Section 66452.20. The right shall run for a period of not less than 90 days from the date of issuance of the subdivision Final Public Report pursuant to Section 11018.2 of the State Business and Professions Code or date of recordation of Parcel Map if Final Public Report is not required, unless the tenant gives prior written notice of his or her intention not to exercise the right.

(h)    The written notices to tenants required above in subsections (F)(1)(a) through (h) of this section shall be deemed satisfied if such notices comply with the legal requirements for service by mail. The developer shall provide a certification attesting to compliance with the notice requirements in subsections (F)(1)(a) through (d) of this section and agreement to comply with requirements in subsections (F)(1)(e) through (h) of this section to the City prior to approval of the Final Map.

2.    Tenant Relocation Assistance. Tenant relocation assistance consisting of:

(a)    Each of the tenants of the proposed project receiving the 60-day notice of intention to convert (subsection (F)(1)(a) of this section) shall be eligible for a relocation allowance. The entitlement right to the relocation allowance shall only vest upon the City’s approval of the Tentative Map or Minor Subdivision Map. The relocation allowance shall be based on the following factors:

(i)    Three-year or less occupancy shall receive a relocation allowance equal to three months’ rent;

(ii) Three year and one month to 10-year occupancy shall receive a relocation allowance equal to four months’ rent; and

(iii) Greater than 10-year occupancy shall receive a relocation allowance equal to six months’ rent.

The amount of relocation allowance could be used as part of a down payment for purchase and it shall not include the security deposit. Relocation allowance shall not apply to any tenant who was given express written notice of intent to convert at the time of entering into a rental agreement or at the time a lease was signed.

(b)    The developer is required to prepare, and each tenant is required to be notified, of a program to assist tenants where conversion would create an extreme hardship. Some examples of possible extreme hardships are elderly tenants, over age 65, who cannot physically prepare for a move, elderly tenants with a long-term tenure such as 10 years in their units, tenants with disabilities or serious and potentially terminal diseases. Extreme hardship tenants will qualify for greater reimbursement compensation that is two times the amount that is established for non-hardship tenants. To establish and document whether an extreme hardship situation exists, the City can employ at the developer’s expense a Relocation Coordinator whose responsibility shall be to assess the specific circumstances of the potential extreme hardship tenants. The Relocation Coordinator shall provide a report and recommendation for approval by the Property and Housing Manager. The report shall include written determination of findings, identification of the tenants who qualify under the extreme hardship criteria and recommendations regarding the actions necessary to satisfactorily address the extreme hardship.

(c)    No tenant who occupies a unit with children, who are in school, and who is not in default under the rental agreement or lease under which they occupy their unit, shall be required to move from their unit prior to seven days after the end of the grade year. For purposes of this chapter, “grade year” shall refer to the Monterey Peninsula Unified School District year.

(d)    All non-purchasing tenants shall be provided with up-to-date information on available apartments of comparable size, quality and price located within the Monterey Peninsula area. This requirement shall apply to all tenants who have received the 60-day notice to convert. It shall commence with issuance of the 90-day exclusive right to purchase notice and run concurrently with that entitlement.

G.    Inclusionary Housing Requirement. New condominium and condominium conversion projects are subject to the City’s inclusionary housing requirement. Tenants in proposed conversion projects shall qualify for the purchase of inclusionary units pursuant to requirements for initial purchase in the Inclusionary Housing Ordinance and as set forth in the Affordable Housing Agreement that is approved by the City for the conversion project. The tenants shall be notified in writing of the Inclusionary Housing program and the City’s affordability pricing criteria.

H.    Local Homeownership Assistance. It is the goal of the City of Monterey to increase homeownership and the percentage of owner occupied housing in the City. It is also the goal of the City of Monterey that at least 50 percent of the units in a condominium subdivision should be owner occupied and purchased by tenants residing in rental units in the City of Monterey or by employees working in the City or by existing tenants in apartments that are proposed for conversion. To meet these goals, the developer shall provide local homeownership assistance as follows:

1.    Incentives. To promote purchase of new condominium units and converted units by tenants residing on the property, by tenants residing in other rental units in the City of Monterey and by employees working in the City of Monterey, the developer shall provide incentives as set forth below. Any such incentives, including terms and conditions, shall be documented by the developer and approved by the City in the Ownership Assistance Plan prior to approval of the Final Map. Ownership incentives may include, but not be limited to:

(a)    Low interest loans;

(b)    Down payment assistance;

(c)    Reduced prices;

(d)    Application of a percentage of rent payment towards a down payment for purchase of a unit within the project;

(e)    Continued housing on site for tenants who purchase converted units; or

(f)    Other similar items approved by the City.

The incentive offer to existing tenants for purchase of a converted unit within a project shall be in addition to the dollar value of the relocation allowance provided to similarly situated tenants who are relocated.

2.    Local Purchase Program. To the extent permissible by law, the developer shall develop and implement a local purchase program that will demonstrate a good faith effort in the judgment of the Property and Housing Manager to direct preferences, incentives and/or marketing efforts to people who presently live or work in the City of Monterey to purchase condominium units. The extent of the local purchase program shall be subject to the review and approval of the City of Monterey and documented in the Ownership Assistance Plan.

3.    Other Incentives and Disincentives. The City Council may, at their discretion, establish other incentives and disincentives to achieve the “at least 50%” policy that is identified in subsection (H) of this section.

I.    Alternative Dispute Resolution (ADR) Requirement. During any stage of a condominium conversion, should disagreements between the developer and tenant result pertaining to requirements outlined in subsections (F) through (H) of this section, the developer shall submit the dispute to ADR if requested in writing by tenant. Such ADR shall be at no-cost or low cost, as may be available in the community at the time. Any costs of ADR shall be shared equally between the parties and paid in advance if required by the ADR process.

J.    Property Owners’ Association. Property Owners’ Association requirements shall consist of:

1.    Recordation Requirements. For all condominiums, a Property Owners’ Association shall be established by recordation of a Declaration of Conditions, Covenants and Restrictions. Other organizational documents such as Bylaws of the Articles of Incorporation or Association shall be submitted to the City of Monterey for review and acceptance.

2.    Minimum Requirements. The organizational documents shall include, but not be limited to, the following requirements:

(a)    A provision that any amendment or modification to the documents, as approved by the City, relating to the modification of fees for the maintenance of common or service facilities, must have the approval of the City prior to completion of the amendment or modification;

(b)    A provision that the association shall be responsible for maintenance of common area, common facilities and common structures;

(c)    A provision that each individual unit owner shall have an exclusive right to the use of a specifically designated covered parking space for each unit. The parking provision shall also include:

(i)    Procedures and rules for regulating the use of all covered and uncovered parking spaces and guest parking spaces;

(ii)    Procedures and rules to limit use of parking spaces for vehicle parking only in accordance to the Zoning Ordinance Section 38-26(M); and

(iii)    Procedures and rules that will assign the use of a tandem parking space (two (2) parking spaces aligned front to back in a manner that prevents access to one of the spaces without moving the vehicle that might be parked in the other space), if approved by the City, to a single owner or household.

(d)    A provision that all on-site property improvements, including but not limited to common areas, vehicular accessways, sewers, storm drains, street lighting, and fire prevention water systems, including fire alarms, and fire extinguishers, shall be maintained at the expense of the association. Exemptions to this requirement are the on-site improvements that are maintained by a public utility agency and facilities located within a public right-of-way that have been accepted by the City. The City will maintain facilities located in an accepted public right-of-way;

(e)    A provision that establishes a two-year warranty period and developer responsibilities during the warranty period. The warranty period shall be no less than two years in length commencing from the date of occupancy permit issued by the City for common area improvements and the date of the close of escrow for the individual condominium unit improvements. The developer shall fulfill all responsibilities of the association for maintenance of all facilities that may require maintenance during the warranty period. This requirement does not relieve owners of units from paying their fees during the warranty period. The expiration of the warranty period shall not limit or relieve the developer from satisfactory performance of any agreements executed with the City or from any obligations otherwise imposed by law or agreement;

(f)    A provision that establishes an adequate sinking fund for the maintenance and repair of all commonly owned structures, mechanical equipment, on-site parking spaces, open spaces, and landscape areas. The procedures and rules for the sinking fund shall specify the developer’s role and the Association’s role in the establishment and maintenance of the sinking fund;

(g)    A provision that establishes procedures and rules for general assessments and special assessments;

(h)    A provision that establishes procedures and rules for the selection of Association board members;

(i)    A provision that establishes procedures and rules that specify what Association decisions, if any, require a super-majority vote and the procedure for conducting such votes;

(j)    A provision that establishes procedures and rules that prohibit, in accordance with Zoning Ordinance Section 38-26, short term residential rental use of individual units for periods of less than a calendar month or less than 30 consecutive days;

(k)    A provision that any requirement included in the Covenants, Conditions, and Restrictions or agreements imposed by the City by this Section or by Condition of Approval imposed on the project shall not be deleted or amended without written consent of the City of Monterey; and

(l)    A provision that at least one of the Association Board of Director memberships shall be exclusively reserved for an Inclusionary Unit homeowner. The number of Inclusionary owner board memberships should be proportional to the number of total Inclusionary units in the project but no less than one.

3.    Condominium Conversion Plans. The developer of a condominium conversion project shall prepare and make available to the Property Owners’ Association a complete set of all required property reports, building plans, specification, contracts, major repair summary reports, and maintenance records.

K.    Waiver Incentives for Below Market Rate Affordable Housing in Condominium Conversion Projects. As an incentive for the provision of Inclusionary Below Market Rate Housing above the minimum number that is specified in the current Low and Moderate-Income Housing Ordinance, the City of Monterey may consider waiving full compliance with select condominium conversion improvement requirements. These requirements are:

1.    Individual water meter per unit;

2.    Individual water heater per unit; and

3.    Recycling and waste enclosure location.

A waiver of one or more of these requirements shall only be granted upon determination that the impact to future condominium owners attributable to waiving the improvement is minor, that the number of below market rate (BMR) units exceeds the minimum requirement and that the resulting savings from the waiver makes it possible to provide the extra BMR unit(s).

L.    Appeal Rights. Appeal rights are as set forth in Government Code Section 66452.5.

M.    Finding for Approval. The Planning Commission shall not approve a Tentative Map or Final Map for a condominium subdivision unless they find that the project complies with the requirements of State Law and City ordinances as they apply to condominium projects.

N.    Additional Findings for Approval of Condominium Conversion Projects. In addition to the required finding for approval of condominium projects described above in subsection (M) of this section, the Planning Commission shall not approve a Tentative Map or Final Map or Parcel Map for a subdivision to be created for the purpose of converting residential real property into a condominium project unless they find all of the following requirements are satisfied:

1.    That the condominium conversion project as proposed meets the development, notice, tenant protection, inclusionary housing, local sales and marketing, and CC&R standards for condominium conversions established in this Section, Section 38-26 of the Zoning Ordinance, and Section 66427.1 of the Government Code.

2.    That the proposed conversion as a total package will have a beneficial impact upon the provision of a balanced housing mix within the City of Monterey by encouraging owner occupancy and below market rate affordability. In making this finding, the Planning Commission and/or City Council may consider, but need not treat as determinative, the following factors:

(a)    The vacancy factor as determined by a survey conducted by the developer to establish such vacancy factor;

(b)    The potential that the conversion project by location, unit size and surroundings will result in market rate pricing that will be attractive to the local workforce and conversely less attractive to second home purchasers;

(c)    That the extent of remodel will result in a substantial improvement in visual appearance and benefit the adjacent properties and neighborhood;

(d)    That the extent of the remodel will result in substantial improvement in the on-site amenities that are available to the future owners of the condominium property; and

(e)    That the cumulative loss of rental units due to the proposed conversion will not have a significant impact on the availability of rental housing that is affordable to low, moderate and work force level household incomes. (Ord. 3436 § 1, 2009; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-10. Hillside Subdivision.

Where all or any part of a subdivision has an average cross slope in excess of 15%, or where in areas of lesser slope, standard requirements for streets and other improvements would be unduly harmful to unusual or unique features of landform, the Planning Commission may designate all or any part of such land as “hillside areas.” When a subdivision, or part thereof, is so designated, hillside improvement standards as are or may be established by the City Council may be applied or may be required by the Planning Commission.

Average Cross Slope Formula:

 

S =

.00229CL

 

 

 

A

 

S =

Average cross slope of the subdivision, or part thereof, in percent.

C =

Contour line interval (25' intervals are sufficient.)

L =

Combined lengths of contour lines within the area, in feet.

A =

Area, in acres.

(Ord. 3429 § 1, 2009)

Sec. 33-11. Minor Subdivisions.

All applicable provisions of the State Map Act and of Article 6 of this Chapter shall apply to subdivisions of four or fewer lots and such minor subdivisions shall be considered a subdivision of real property in all respects.

Dedication of streets, in-lieu fees, underground utilities and other such requirements which may be made in connection with the processing of a standard subdivision may similarly be required in connection with the approval of a minor subdivision. Lots created by minor subdivisions should be in keeping with the size and arrangement of existing lots in the immediate area, even though this may require a greater than minimum lot size.

Sec. 33-12. Nonresidential subdivisions.

In addition to the principles and standards in this Section which are appropriate to the planning of all subdivisions, the subdivider of nonresidential subdivisions shall demonstrate to the satisfaction of the Planning Commission that the street, lot, and block patterns proposed are specifically adapted to the uses anticipated and take into account other uses in the vicinity. The following principles and standards shall be observed:

(a)    Street rights-of-way and improvements shall be adequate to accommodate the type and the volume of traffic anticipated.

(b)    Special requirements may be imposed for the design and construction of streets, curbs, gutter, and sidewalks and for the installation of all public utilities.

(c)    Every effort shall be made to protect adjacent residential areas from potential nuisance of the proposed nonresidential subdivisions. Deep lots or lots of extra width may be required for lots that abut existing or potential residential developments. Permanently landscaped buffer strips or other view obscuring and/or sound insulating materials may be required in such cases.

(d)    Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent, existing, or potential residential areas, or connected to streets intended for predominately residential traffic. Access to nonresidential subdivisions shall not be provided through or from residential subdivisions.

(e)    Tentative maps of nonresidential subdivisions shall designate all areas proposed for structures, vehicular circulation and parking, pedestrian circulation, buffer strips and other landscaping, service areas and other site usage.

Sec. 33-13. Standard Subdivisions.

Standard subdivisions shall be processed in accord with each of the provisions of the State Map Act and Article 5 of this Chapter.

Sec. 33-14. Tandem Lot Subdivisions.

Tandem lot subdivisions are an appropriate method of subdividing parcels of land which, while adequate in size and shape for use, are otherwise lacking in accessibility, or are land remnants remaining from previous subdivisions, or which, due to topographical or other natural barriers or to outmoded subdivision practice or the like, have heretofore been either impractical or uneconomical to subdivide. Since certain of the lots being created may not have full access to public streets, they must therefore be particularly reviewed as to accessibility and serviceability. The following provisions relating to such subdivisions shall apply:

(a)    Tandem lot subdivisions of four or fewer lots may be processed as minor subdivisions; those containing five or more lots shall be processed as standard subdivisions.

(b)    All lots created by the subdivision shall meet the minimum lot size for the zoning district, exclusive of the area of land included within the access strip.

(c)    Where two or more lots share a common access way, appropriate easements shall be established in a form satisfactory to the City Attorney.

Sec. 33-14.5 Voluntary Merger of Lots; Process

Any contiguous parcels under common ownership may be merged voluntarily without reversion to acreage by presentation of an instrument suitable for recordation to the Department of Plans and Public Works, and by payment of such fees as are necessary to pay for recordation of the document with the County Recorder’s Office. Upon receipt of the fees and the recordable instrument, the Plans and Public Works Staff shall be responsible for recordation of the instrument with the County Recorder. (Ord. 3424 § 1, 2009)

ARTICLE 3.
BASIC DESIGN OBJECTIVES AND REQUIREMENTS

Sec. 33-15 Purpose.

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.

Sec. 33-16. Existing Environmental Conditions.

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.

Sec. 33-17. Community Facilities.

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.

Sec. 33-18. Relationship to surrounding lands.

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 or the Planning Commission may require the subdivider to prepare a preliminary sketch plan for any or all such adjacent lands. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-19. Subdivision of a Part.

(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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-20. Buildable Lots.

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.

Sec. 33-21. Access to Public Streets.

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.

Sec. 33-22. Lot Criteria.

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.

Sec. 33-23. Block criteria.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-24. Streets and arterials.

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. 3429 § 1, 2009)

Sec. 33-25. Design adjacent to thoroughfares.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-26. Curbs, gutters and sidewalks.

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.

Sec. 33-27. Street trees and landscaping.

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.

Sec. 33-28 Existing Trees.

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 Public Works Director shall be replaced by the subdivider; the size and species of the replacement trees shall be determined by the Public Works Director. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-29. Park and recreation dedication and fees.

(a)    Purpose. This Section is enacted pursuant to the authority granted by Section 66477 of the State Government Code and the Charter powers of the City of Monterey. The purpose of this Section is to provide land and/or funds for additional park facilities in accordance with the Park & Recreation Element of the Monterey General Plan.

(b)    Requirements. As a condition of approval of a final subdivision map for residential use or as a condition of any use permit or other zoning permit of a multiple family dwelling project of five or more units, or prior to the issuance of a building permit for the construction of a multiple family dwelling project of five or more units which does not require either a subdivision map or zoning permit, the owner or applicant shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City for park and recreational purposes according to the standards and formula contained in this Section.

(c)    General Standard. It is hereby found and determined that the public interest, convenience, health, welfare, safety and existing ratio of parks and recreation lands to population require that five acres of property for each 1,000 persons residing within this City shall be devoted to City park and recreational purposes.

(d)    Standards for determining fee or land amounts.

1.    Subdivisions or multiple family projects of fifty (50) units or less shall be required to pay a fee in lieu of dedication of lands unless the developer and the City mutually agree to allow dedication of parklands to satisfy all or part of the requirements of this Section.

2.    If the developer provides park and recreational improvement upon any dedicated land, the value of the improvements and equipment located thereon shall be a credit against the land or fees required by this Section.

3.    The fee to be paid pursuant to this Section shall be calculated on a per-proposed bedroom rate system, in an amount to be established by resolution. If the development does not contain a stated number of bedrooms or if the subdivision consists totally of a division of lands, it shall be presumed that each lot of record shall contain three (3) bedrooms. The City shall retain the right to adjust this number should subsequent development result in a greater number of bedrooms upon the property. Said fee shall be adjusted annually to reflect any changes as set forth in Section 8(e) of Article XIII B of the California Constitution.

4.    When land is dedicated pursuant to the requirements of this Section, 215 square feet shall be the required dedication per bedroom unit. The presumption regarding numbers of bedrooms as set forth in subsection (d)(3) of this section shall apply herein as well.

5.    Any fees collected pursuant to this Section shall be committed within five (5) years after collection of said fees or the issuance of building permits on one-half of the lots created by the subdivision or project, whichever occurs later. Fees uncommitted at that time shall be distributed and paid to the then records owners in the same proportion that the size of their lot or unit bears to the total area of all lots or units within the project or subdivision.

(e)    Credit for private parks. Where private open space for park and recreational purposes is provided in a proposed subdivision or multiple-family dwelling project and such space is to be privately owned and maintained, such areas may, in the sole discretion of the Planning Commission, be credited against the requirement of dedication for park and recreational purposes as set forth in subsection (d) of this section or the payment of fees in lieu thereof as set forth in subsection (d) of this section, provided the Planning Commission finds it in the public interest to do so, and that the following standards are met:

1.    That yards, court areas, setbacks and other areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space, unless such open space is devoted principally to recreational purposes.

2.    That the private ownership and maintenance of the open space is adequately provided for by written agreement.

3.    That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the tract and which cannot be defeated or eliminated without the consent of the Planning Commission.

4.    That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location of the private open space land.

5.    That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan and are approved by the Planning Commission.

6.    That the open space and/or facilities will provide for park needs of the residents of the project in such a manner as to reduce the impact on existing facilities or reduce the need to provide new facilities by the City.

Before credit for private open space land is given, the Planning Commission shall make written findings that the above standards are met.

(f)    Procedure. At the time of approval of the tentative subdivision map or issuance of the necessary permits for construction of a multiple-family dwelling project, the Planning Commission shall determine, pursuant to subsection (d) of this section, the land to be dedicated and/or fees to be paid by the subdivider.

Prior to recordation of the final subdivision map or issuance of such necessary permit, the subdivider shall dedicate the land and/or pay the fees as previously determined by the City Council.

Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivision map or issuance of necessary permits for multiple family dwelling project, and shall be recorded concurrently with the final subdivision map or occupancy of the multiple family dwelling project as may be appropriate.

This section shall apply to all projects which will result in a total of five or more units being located upon the site or parcel, however, in the case of addition of housing units to existing facilities, or projects, the fee shall only apply to all units added after March 20, 1979, for which no fee or dedication has been previously assessed. No unit shall be charged any fee or support any requirement for dedication of land more than once. (Ord. 3429 § 1, 2009)

Sec. 33-30 Street Names.

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. 3429 § 1, 2009)

Sec. 33-31. School site dedications - standard procedure.

(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. 3429 § 1, 2009)

Sec. 33-32. School site dedications; conditions of overcrowding.

(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. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-33. Reservations.

(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.

Sec. 33-34. Pedestrian, Equestrian and Bicycle Paths.

(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.

Sec. 33-35. Improvements, General.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-36. Transit Facilities.

(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. 3429 § 1, 2009)

Sec. 33-37. Recreational Vehicles.

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.

Sec. 33-38. Waiver of Direct Access to Streets.

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. 3429 § 1, 2009)

Sec. 33-39. Public Access to Public Resources.

(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. 3429 § 1, 2009)

Sec. 33-40. Passive or natural heating or cooling.

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.

Sec. 33-41. Mobilehome Parks.

(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. 3429 § 1, 2009)

ARTICLE 4.
EXCEPTIONS.

Sec. 33-42. Optional design and improvement provisions.

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. 3429 § 1, 2009)

Sec. 33-43. Variances based on hardship.

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. 3429 § 1, 2009)

Sec. 33-44. Extension of time limits.

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 Director, who shall represent the City for this purpose. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-45. Additional requirements.

When required by the Public Works Director, 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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-46. Appeals.

(a)    Right of Appeal.

1.    Any action of the Public Works Director 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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-47. Revocation of approvals.

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. 3429 § 1, 2009)

Sec. 33-48. Exclusions.

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.

ARTICLE 5.
STANDARD SUBDIVISIONS

(a)    The purpose of this Article is to establish procedures for the processing of preliminary, tentative and final maps of proposed divisions of real property in which five or more lots are proposed to be created. All applicable provisions of the State Map Act and related regulations of the City of Monterey shall apply to the preparation and processing of maps and to the development of real property thereunder.

(b)    A parcel map, rather than a tentative and final map shall be required for those subdivisions where:

1.    The land before division contains less than 5 acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the City; or

2.    Each parcel created by the division has a gross area of 20 acres or more and has an improved access to a maintained public street or highway; or

3.    The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City Council or Planning Commission as to street alignments and widths; or

4.    Each parcel created by the division has a gross area of not less than 40 acres.

DIVISION 1.

PRELIMINARY MAPS

Sec. 33-49. Purpose.

The purpose of the preparation and consideration of a preliminary map is to provide a means of early review of a proposed subdivision by the Public Works Director in conjunction with the developer and/or his planner or engineer. From this preliminary review it is expected that the applicant will be more aware of any special policies or programs concerning the use of the land to be subdivided, or for needed or planned on or off-site improvements for the general area; and, further so that the City Department of Plans and Public Works will be made aware of proposals for the subdivision of land which may require preparation, modification, or provision for expansion of public services and facilities prior to or in conjunction with the proposed use of the land within a subdivision. It is not intended that a preliminary map be as detailed as the tentative map, but it should be prepared in such a manner and form as to provide pertinent facts and information. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-50. Filing of preliminary map.

Prior to submitting a tentative map of any proposed standard subdivision, the subdivider shall submit to the Public Works Director three copies of a preliminary map for review, along with such additional materials, data, reports or the like as the Public Works Director may require. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-51. Form and content of preliminary map.

The preliminary map shall be drawn at a scale and be in sufficient detail to show the essential characteristics of the site and the proposed subdivision. The preliminary map shall include at least the following:

(a)    The number, size and design of lots.

(b)    The location and the width of streets.

(c)    The location and the nature of any reservations or easements.

(d)    The general nature and extent of grading.

(e)    The relation of the subdivision to all surrounding lands.

(f)    Significant environmental features of the site such as trees, watercourses and like elements of the landform.

(g)    An indication of the proposed use of such of the lots to be created.

Sec. 33-52. Action on preliminary map.

The Public Works Director shall review the preliminary map and within ten days of its receipt shall schedule a meeting with the subdivider and/or his engineer to make general recommendation with respect to the proposed subdivision; and to recommend consultations with other public or private agencies as may be necessary or advisable. Within ten days after such recommendations, consultations and meetings, the Public Works Director shall notify the subdivider in writing of the final determination as to the preliminary map and whether or not an EIR is required on the tentative map. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-53. Timing.

Within 90 days of the date of the Public Works Director’s action on the preliminary map, the subdivider shall prepare and file a tentative map of the proposed subdivision. If an EIR is required, the subdivider shall also file the required deposit for the City’s preparation of an EIR. Failure to file the map within this time period shall invalidate any reports, recommendations or actions of the Public Works Director with respect to the preliminary map and, should the subdivision be resubmitted for consideration, a new preliminary map shall be filed in accord with the above procedures unless the Public Works Director shall determine that the original preliminary map is still valid and adequate. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-54. Fees.

A filing fee in an amount set by resolution of the City Council shall be submitted at the time of filing the preliminary map.

DIVISION 2.

TENTATIVE MAPS.

Sec. 33-55. Purpose.

The purpose of the tentative map is to inform the City Council, Planning Commission and other affected agencies of the proposed subdivision; to allow an opportunity for each to examine the manner and extent to which they may be affected and to respond to the proposed development accordingly; to identify any further official action on matters of zoning, acquisition of access or rights-of-way, and clearly define steps to be taken by the subdivider, his engineer and others for final approval of the development. The map need not include detailed designs of streets, utilities or building sites, but, through provisions of this Division and any conditions imposed with the tentative map, should give clear direction on remaining engineering, surveying and legal matters.

Sec. 33-56. Filing of Tentative Map.

The subdivider shall submit to the Public Works Director 12 copies of the tentative map of the proposed subdivision, plus one reproducible transparency of the same, plus one transparency of the same reduced to eight inches by ten inches. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-57. Form and content of Tentative Map.

(a)    Preparation. The subdivider shall cause the tentative map of the land proposed to be subdivided to be clearly and legibly prepared by a civil engineer or licensed land surveyor.

(b)    Scale. The tentative map shall be drawn according to the engineer’s scale at a scale between one inch equals 100 feet and one inch equals 40 feet.

(c)    Sheet size and number. The tentative map shall be prepared in such a manner as to be shown on a single sheet measuring 24 inches by 36 inches unless otherwise approved by the Public Works Director.

(d)    Vicinity sketch. A vicinity sketch shall be drawn on the tentative map. It shall show the nearby streets, boundary lines and names of abutting subdivisions. It shall also show the outline of large parcels of land which are adjacent to the proposed subdivision.

(e)    Information required on the tentative map. The following information shall be shown on the tentative map.

1.    The names, addresses and telephone numbers of the owners of record of the land proposed to be subdivided, of the subdivider and of the person or firm preparing the tentative map.

2.    The date, the north point, and the graphic scale. The scale may also be indicated in letters and numbers.

3.    The tract number, as secured from the County Planning Director or other appropriate County official.

4.    The tract name, which shall not duplicate, or nearly duplicate, the name of an existing tract within the City, or within three miles of the City limits, unless it is another unit of the same tract.

5.    The names, numbers and intersecting boundary lines of adjacent subdivisions and tracts, and the names of owners of adjacent unplotted land.

6.    A sufficient description to define the location and boundaries of the proposed subdivision.

7.    If it is contemplated that development will proceed by units, the boundaries of such units shall be shown on the tentative map.

8.    Contours at two-foot intervals for ground slope areas between level and 5%; and five-foot interval contours for ground slope areas over 5%. Such contours shall extend onto contiguous lands for a distance of 200 feet and shall relate to the benchmark system established by the City Engineer. A grading plan, complete with approximate elevations of all improvements, shall be required unless previously waived by the Public Works Director or his representative.

9.    The outline of any existing building and its future disposition or use.

10.    The approximate location and the type of all isolated trees with an eight-inch or greater trunk caliper and the outlines of groves, noting the number and type of trees with an eight-inch or greater trunk caliper.

11.    The approximate boundaries of areas subject to inundation by storm water; and the location, size and direction of flow of water-courses and proposed major storm drain facilities.

12.    The approximate widths, locations, and uses of all existing or proposed drainage, sewage, and public facilities within and adjacent to the proposed subdivision, including any easements for such usage, and further including proposed integration with existing on-or off-site facilities.

13.    The locations, names, widths and grades of existing streets, highways and other public ways, in and near the subdivision.

14.    The locations, names, widths, approximate grades, direction of drainage and typical cross sections of all proposed streets (public or private), access easements and other ways, and the approximate elevations of street intersections.

15.    The approximate radius of all designed curves.

16.    Any proposed public or semi-public use.

17.    An indication of the total number of lots proposed, with all lots numbered consecutively throughout the subdivision or each proposed unit thereof.

18.    The approximate layout and dimensions of each lot; and the areas of the smallest and the largest lots in the tract. Approximate lot areas shall be shown for all lots not rectangular in shape.

19.    Proposed building setback lines.

20.    The location of any of the foregoing improvements, which may be required to be constructed beyond the boundaries of the subdivision and vicinity maps.

21.    The location of surface and underground features such as fences, ditches, wells, utilities, drains, and the like.

22.    The location of any natural resources such as sand, gravel, timber, lakes and the like, within the proposed subdivision or within 200 feet thereof.

23.    The line of high-water when adjoining any stream, lake or ocean shall be indicated on the map.

24.    The gross area of the subdivision, open space and recreation areas and greenbelt areas to be shown to the nearest one-tenth of an acre.

(f)    Accompanying statements. Accompanying the tentative map, or on said map, shall be statements by the subdivider as follows:

1.    A statement as to existing zoning and land use and as to proposed land use.

2.    A statement as to the proposed source of water supply and method of sewage disposal.

3.    A statement as to intention of subdivider in regard to erosion control.

4.    A statement as to the proposed timing and phasing of the development of the subdivision or each unit thereof, including the installation of improvements and facilities and the construction of the buildings.

5.    A statement as to the type of sales program anticipated such as condominium, land project, community or cooperative apartments, lot sales and the like; and as to whether the subdivider intends to also be the builder.

6.    A statement of types and locations of proposed street trees.

7.    A preliminary title report prepared by a California licensed title company.

(g)    Soils report. A preliminary soils report shall be prepared by a Registered Civil Engineer. Such reports shall be based on adequate test borings or excavations and shall indicate the suitability of the land for the proposed development. The preliminary soils report may be waived if the Public Works Director determines that, due to the knowledge his Department has as to the qualities of the soil within the subdivision or lot, no preliminary analysis is necessary. If the preliminary soils report indicates the presence of critically expansive soils, slope stability, or other soils problems which, if not corrected, would lead to structural problems, a soil investigation of each lot so affected in the subdivision may be required to be made by a Registered Civil Engineer. This engineer shall recommend the corrective action needed to prevent structural damage in the area where such soils problems exist.

The Planning Commission may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.

(h)    Geologic report. A geologic report may be required for any area where there are known geologic hazards if and when determined to be necessary by the Public Works Director.

(i)    Model. The subdivider may be required by the Public Works Director or the Planning Commission to prepare and present a topographic model, where appropriate because of complex of steep land, of any development which is proposed for any hillside area. Such model shall show the proposed cuts, fills, roads, grading, contours and lot layout, and such other information as may be deemed necessary by the Public Works Director or the Planning Commission.

(j)    Covenants, conditions and restrictions. Reference to all recorded easements, use restrictions, areas previously vacated or abandoned and three copies of any existing or proposed deed restrictions shall be submitted with the tentative map.

(k)    Any additional information, data, reports or the like which the Public Works Director or the Planning Commission deems necessary or desirable for the review and analysis of the proposed subdivision shall be further provided. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-58. Requirements for an EIR.

When determined necessary by the Public Works Director, a draft environmental impact report (EIR) shall be completed by the City consistent with the City’s CEQA guidelines and filed with the tentative map. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-59. Action on Tentative Maps.

(a)    Public Works Director action. After receipt of the application and other information required from the subdivider, the Public Works Director shall consult with the City Engineer and other concerned City departments to determine if the application can be accepted for official filing.

If additional information is needed, the subdivider shall be notified what information is required. If the application is determined to be acceptable for official filing, the Public Works Director shall date and file the tentative map.

The acceptance of an application for official filing is not a determination that the application is officially complete. An application for a tentative map is officially complete when the public hearing on the map by the Planning Commission is closed, or at such time as determined by the Commission if additional information is needed.

After acceptance of an application for official filing, the Public Works Director shall transmit copies of the map, together with accompanying data, to all concerned agencies and shall cause notice of the proposed tentative map to be made within the Zone of Influence in accord with the standard procedures of the Planning Office.

One copy of the tentative map shall be forwarded to the Monterey County Planning Department, and to the Public Works Director or other designated official of each city a portion of which lies within three miles of the Monterey City limits and which has requested such referral for their review and recommendation.

(b)    Subdivision conference. Within 14 days of the filing of the complete application and prior to the Planning Commission review, the Public Works Director shall hold a subdivision conference with the subdivider and representatives of the concerned agencies to discuss said subdivision. Failure of any concerned agency to participate in said conference or to report regarding the proposed subdivision shall be deemed to be approval of the map on their part.

(c)    Report and recommendation. Following the subdivision conference, the Public Works Director shall prepare a written report and recommendation for the consideration of the Planning Commission at its next regular meeting. Copies of the report and recommendation shall be sent to the subdivider and each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative, at least three days prior to any hearing on the map. Fees may be collected from the subdivider for expenses incurred under this section.

(d)    Public Hearing Notice.

1.    The Planning Commission shall hold a public hearing on the tentative subdivision map and notice of the time and place thereof, including a general description of the location of the proposed subdivision, shall be given at least 10 days before the hearing. Such notice shall be given by publication once in a newspaper of general circulation in the City of Monterey. Notice shall also be mailed to all property owners within 150 feet of the boundaries of the proposed subdivision, as shown on the latest equalized County assessment roll, at least 10 days before the hearing. Any interested person may appear at such a hearing and may be heard.

2.    In addition to the notice required in subsection (d)(1) of this section, whenever approval of a tentative map might reasonably constitute a substantial or significant deprivation of the property rights of other landowners, the local agency shall provide notice of the application to all persons, including businesses, corporations, or other public or private entities, shown on the last equalized assessment roll as owning real property within 300 feet of the property which is the subject of the application. Notice may be given by any method reasonably calculated by the City to provide actual notice of the hearing.

(e)    Planning Commission action. Following the receipt of the Public Works Director’s report on the tentative map, staff shall set a date for a public hearing on the map, which date shall be within 30 days thereafter. The Planning Commission shall approve, conditionally approve, or disapprove the tentative map, and certify the final EIR, if required, within such 30-day period, unless this period is extended by mutual agreement between the subdivider and the City. Notice of the public hearing shall be given in the same manner as required for the hearing by the Planning Commission.

(f)    Notification. Within ten days of the action taken by the Planning Commission, the Planning Secretary shall notify the subdivider or his designated agent in writing of the action taken by the Planning Commission, attaching one copy of the map and one copy of the Planning Commission resolution relating thereto; and shall forward one copy of the resolution to the Planning Commission for its permanent files and records. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-60. Expiration of Tentative Map approval.

(a)    Within 18 months after approval or conditional approval of the tentative map by the Planning Commission, the subdivider shall cause the subdivision, or a part thereof, to be surveyed and a final map to be filed with the City Engineer in accordance with the tentative map as approved or conditionally approved.

(b)    The subdivider may request an extension of time on the expiration date of the tentative map by written application filed with the Public Works Director. The Public Works Director shall review the request and submit it together with a report to the Planning Commission.

(c)    After reviewing the recommendation of the Public Works Director, the Planning Commission shall approve, conditionally approve, or deny the request for extension of time. The approved extension of time shall not exceed 12 months.

(d)    Failure of the subdivider to file a final map with the City Engineer within 18 months, or within an additional period of time approved by the Planning Commission, shall terminate all proceedings on the map. No further action shall be taken by the City without the filing of a new tentative map to be processed in accordance with the procedures of this Article.

(e)    Final action approving, conditionally approving, or denying the final map shall be taken by the Planning Commission within 30 months of the original approval of the tentative map by the Planning Commission.

(f)    The period of time specified in subsections (a) through (c) of this section shall not include any period of time during which a water or sewer moratorium imposed after approval of the tentative map is in existence; provided, however, that the length of the moratorium does not exceed 5 years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed; provided, however, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.

(g)    The period of time specified in subsections (a) through (c) of this section shall not include any period of time during which a lawsuit has been filed and is pending in court involving the approval or conditional approval of a tentative map. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)

Sec. 33-61. Compliance with all City requirements.

Approval of the tentative map shall in no way relieve the subdivider of his responsibility to comply with all requirements of the City and to provide the improvements and easements necessary to meet all City standards, whether or not the same are set forth in the tentative map approval.

Sec. 33-62. Fees for filing of Tentative Map.

A filing and report fee in an amount set by resolution of the City Council shall be submitted at the time of filing of the tentative map.

Sec. 33-63. Subdivisions of unincorporated territory.

A subdivider may file with the City a preliminary and tentative map of a proposed subdivision of unincorporated territory adjacent to the City. The maps, in the discretion of the City, may be acted upon in the manner provided in this Chapter for subdivisions within the City limits. If the tentative map is approved, such approval shall be conditioned upon annexation of the property to the City within a period of time specified by the City Council and such approval shall not be effective until annexation of such property to the City has been completed. If annexation is not completed within the time specified or any extension thereof, then the approval of such map by the City shall be null and void. No subdivision of unincorporated territory may be effected by approval of a map by the City unless annexation thereof to the City is completed prior to approval of the final map.

DIVISION 2.1 RELATING TO VESTING TENTATIVE MAPS

Vesting Tentative Maps: For purposes of preserving development rights in effect at the time of Tentative Map approval or conditional approval a subdivider may request the City to confer Vesting Approval on a Tentative Map. Such Vesting Approval shall be subject to the same procedure for Tentative map as set forth in the City Code except in the following respects.

a)    A Tentative Map proposed for Vesting Approval shall have printed conspicuously on its face the words “Vesting Tentative Map.”

b)    The Planning Commission shall review and take action on all applications for Vesting Tentative Maps as required by the Tentative Map Division of the City Subdivision Ordinance.

c)    Except as otherwise provided in the City Code, approval or conditional approval of a Vesting Tentative Map shall entitle the subdivider to proceed with development in compliance with the ordinances, policies, and standards in effect at the time the application for Tentative Map approval is deemed complete. Ord 3270 12/99

d)    Notwithstanding subsection “b”, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1)    A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety or both.

2)    The condition or denial is required, in order to comply with State or Federal Law.

e)    Vesting rights shall expire if a Final map is not approved prior to the expiration of the Vesting Tentative Map.

f)    If the Final Map is approved, vesting rights shall last for the following periods of time:

1)    An initial period of twelve (12) months from the recording date of the Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded.

2)    The initial time period set forth in paragraph f.1 shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

g)    In no event shall vesting rights last more than one (1) year beyond the recording of the Final Map or, in the case of a phased development, one year beyond the recording of the last phase Final Map. Ord 3259 09/99

DIVISION 3.

FINAL MAPS

Sec. 33-64. Purpose.

The final map is the instrument which, upon approval by the City Council and recordation with the County Recorder, provides for the dedication of streets, ways and other public uses; establishes the legal descriptions by which real property interests within the subdivision may be conveyed; and indicate utilities, facilities and improvements required in connection with the development of the subdivision.

Sec. 33-65. Filing.

(a)    A final map conforming to the tentative map as approved, or conditionally approved, shall be filed with the City Engineer within eighteen months of the date of approval of the tentative map or as otherwise provided in accordance with the terms of this Chapter. Neither the developer nor the City shall make, or cause to be made, any changes or requirements at the final map stage which are not in conformance with City standards or the conditions of approval of the tentative subdivision map.

(b)    Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map; provided, however, that the subdivider, at the time the tentative map is filed, informs the Planning Commission of the subdivider’s intention to file multiple final maps. In providing such notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final maps. The filing of a final map on a portion of an approved tentative map shall not invalidate any part of such tentative map. The right of the subdivider to file multiple final maps shall not detract from the authority of the City Council to impose reasonable conditions relating to the filing of multiple final maps.

Sec. 33-66. City Engineer.

The City Engineer shall be responsible for coordinating the processing of the final map from the time it is filed to recordation by the County Recorder.

The City Engineer shall keep a record of the actions taken and status of the final subdivision map. This record shall include a list of when the following actions were taken:

(a)    Final map and other fees received by City Engineer.

(b)    Final map accepted as complete for review.

(c)    Final map reviewed and approved by Public Works Director.

(d)    Improvement plans approved by City Engineer.

(e)    Approval by City Attorney of: C.C. and R’s; bonds; and subdivider’s agreement.

(f)    Building and landscaping plans approved by Architectural Review Committee, as required.

(g)    Final map approved by City Engineer.

(h)    Final map signed by developer, Public Works Director, and City Engineer.

(i)    Final map approved by City Council.

(j)    Signatures and all appropriate approvals verified by City Clerk.

(k)    Final map forwarded to County Recorder by City Clerk for recordation.

(l)    Final map recorded. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-67. Form and content of Final Map.

(a)    Preparation. A survey and final map of the entire subdivision, or of each unit of a segmented subdivision, shall be prepared by an engineer or surveyor in accordance with the provisions of this Article.

(b)    Size, material, scale. The final map shall be clearly and legibly drawn in black, waterproof, opaque, permanent ink on good quality tracing cloth or other material approved by the City Engineer. The dimensions of each sheet of the map shall be 18 inches by 26 inches. A margin line shall be drawn completely on each sheet, leaving an entirely blank margin of one inch on all sides. The map shall be drawn according to an engineer’s scale at a scale between one inch equals 100 feet and one inch equals 40 feet. The number of each sheet and the total number of sheets comprising the map shall be indicated on each of the sheets. The relationship of each sheet to the other shall be clearly shown by a key on each sheet. Each sheet of the map shall show the date of the survey, north point, and written and graphic scale. The map shall be so made and shall be in such condition when filed that good legible prints and negatives can be made therefrom.

(c)    Title. Unless allowed elsewhere by the City Engineer, the title block of each sheet of the final map shall contain the approved name, unit number, and tract number of the subdivision conspicuously placed on the lower right hand corner of the sheet, and followed by the words “City of Monterey.”

(d)    Coordinate system. Wherever the City Engineer has established a system of coordinates, the survey shall be tied into such system as required.

(e)    Certificates, acknowledgments, and descriptions. The certificate sheet of the final map shall show the name of the engineer or surveyor, date of the survey, map scale, and the number of attached sheets. the following certificates, acknowledgments, and descriptions shall appear on the certificate sheet of the final map and may be combined where appropriate. Specific wording of certificates may be established by subsequent resolutions of the City Council.

1.    Certificates by parties holding title. A certificate signed and acknowledged by all parties having any recorded title interest in the subdivision, consenting to the preparation and recording of the final map. Signatures of parties who own the following types of interests may be omitted if their names and the nature of their interests are set forth on the map:

(i) Rights-of-way, easements or other interests, none of which can ripen into a fee.

(ii) Rights-of-way, easements or reversions, which, by reason of changed conditions, long disuse, or laches, appear to be no longer of practical use and where signatures are impossible or impractical to obtain. In this case, a reasonable statement of the circumstances preventing the procurement of such signatures shall also be set forth on the map.

(iii) Patent rights of the United State or of the State of California.

2.    Dedication certificates. A signed and acknowledged dedication certificate of all land parcels shown on the parcel map intended for any public use. This shall not include parcels intended for the exclusive use of the owners of the subdivision lots, their licensees, visitors, tenants, and employees.

3.    Engineer’s certificate. A certificate by the engineer or the surveyor responsible for the survey and the final map. The signature of each engineer or surveyor must be attested, unless it is accompanied by his seal.

4.    Certificates for execution by each of the following:

(i) City Engineer

(ii) Public Works Director

(iii) City Clerk

(iv) County Recorder

5.    Certificate restricting traffic. A certificate waiving access rights across the rights-of-way lines of major highways, parkways, streets, or freeways, where required as a condition of approval.

6.    Description of property. A legal description of all property being subdivided shall be submitted. Property being subdivided, which has been previously recorded or filed, may be described by map or deed reference. The description of an area vacated and abandoned shall also include the number of the Council resolution ordering its vacation and abandonment.

7.    Development Lien. In the event that an owner’s development lien has been created pursuant to Article 2.5 of Chapter 3 of Part 23 of the Education Code, a notice shall be placed on the face of the final map specifically referencing the book and page in the County Recorder’s office in which the resolution creating the owner’s development lien was recorded. The notice shall state that the property subdivided is subject to an owner’s development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner’s development lien on a per acre or portion thereof basis.

8.    Other affidavits, etc. Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals required by law and by this Chapter.

(f)    Subdivision boundary. An accurate and complete boundary survey shall be made of the land to be subdivided. A traverse of the exterior boundaries of the tract, and of each block, when computed from field measurements on the ground, must close within a limit of one foot to 10,000 feet of perimeter. The boundary of the subdivision shall be indicated on the final map by a colored line approximately one-sixteenth of an inch wide. All areas shown on the map which do not constitute a part of the subdivision, shall be labeled, “Not a part of this subdivision.” All lines delineating such areas shall be dashed.

(g)    Dimension, bearings, curve data. The final map shall show all survey, mathematical, and other data necessary to locate all monuments, and to locate and retrace all interior and exterior boundary lines appearing thereon, including bearings and distances of straight lines, and complete curve data for all curves.

(h)    Lots and blocks. Sufficient line, angle, and curve data shall be shown so that the bearing and the length of the boundary lines of every block, lot, and parcel, may be readily determined. Wherever practicable, blocks, lots, and parcels shall be shown in their entirety on one sheet. When shown on two or more sheets, sufficient data shall be shown on each sheet so that the bearing and the length of the boundary lines may be readily determined. No ditto lines shall be used for lot dimensions. Lot numbers shall begin with the numeral “1” and shall continue consecutively throughout the tract, with no omission or duplications.

(i)    Streets. The map shall show the right-of-way lines, widths, and locations of all existing and proposed public streets within and immediately adjacent to the property being subdivided. Wherever the center line of a public street has been previously established or recorded, the recordation data shall be shown on the final map.

(j)    Easements. All easements shall be identified and clearly labeled. The side lines of all easements shall be shown by fine dotted lines. Distances and bearings of lot side lines cut by easements shall be shown so that the actual lengths of the lot lines shall be clearly indicated. The widths of all proposed easements, and sufficient ties to locate them definitely in the subdivision, shall be shown. Wherever easements have been previously established or recorded, the recordation data shall be shown on the final map. If such easements cannot be definitely located, a statement of their existence, nature, and recorded references shall be included in the owner’s certificate of dedication.

(k)    High-water line. The map shall show by a continuous, identified line the high-water line of any body of water within, or adjacent to, the subdivision, and of any area within the subdivision subject to inundation.

(l)    Monuments. The engineer or surveyor preparing the final map shall be responsible for the setting of sufficient monuments to allow another engineer or surveyor to retrace the survey. The final map shall show the following:

1.    Stakes, monuments or other evidence determining the boundaries of the subdivision where found on the ground. Adjoining subdivisions, or portions thereof, shall be shown by lot and block numbers, subdivision names, numbers, and the place of record, by section, township and range, or by other proper designation.

2.    All monuments placed in making the survey. If any points were reset by ties, that fact shall be stated.

3.    Concrete monuments, set in accordance with the standard specifications. Such monuments shall be set at intersections of street center line tangents, or offsets therefrom, as directed by the City Engineer.

4.    Permanent monuments, each not less substantial than a two inch galvanized pipe 30 inches long, shall be set at all corners or the exterior boundary of the subdivision, at all block corners and at the beginning and ending of all curves. However a one-half inch galvanized pipe, 30 inches long, may be substituted for the two inch pipe at the corners of blocks and at the beginning and the ending of all curves within the subdivision, provided that center line concrete monuments are set opposite all such points.

5.    Permanent monuments, each not less substantial than a one-half inch galvanized pipe, 30 inches long, shall be set at all lot corners.

(m)    Improvement plans. Prior to or concurrently with the submission of the final map, but prior to the issuance of any permits, the subdivider shall submit detailed improvement plans, including final grading plans, cross sections, profiles, final soils report, estimated costs, and specifications of the improvements installed, or proposed to be installed as required by the provisions of this Chapter; and of all other improvements installed, or proposed to be installed, in, on, over, or under any street right-of-way, easement, or parcel of land dedicated by the map or previously dedicated. All such plans shall be prepared on reproducible transparent materials by an engineer, in accordance with the requirements of the City Engineer. Sheets shall be 24 inches by 36 inches in size, with a two inch left margin, and drawn to a horizontal scale of one inch equals 40 feet and a vertical scale of one inch equals four feet or in accordance with such variations as may be allowed by the City Engineer.

(n)    Documents to be filed with map. The subdivider shall submit to the City Engineer the following documents with the final map.

1.    Electronic closure sheets. The originals of the electronically computed closure sheets for the entire subdivision area, as well as for the individual lots and blocks within the subdivision. Such sheets will not be required, if not more than five lots in the subdivision are irregular (not rectangular) in shape.

2.    Design data. Design data, assumptions, and computations for proper analysis shall be in accord with sound engineering practice and approved by the City Engineer. Copies of computations shall be submitted to the City Engineer for approval.

3.    Report and guarantee of clear title. The final map shall be accompanied by a report prepared by a California licensed title company, naming all persons necessary to give clear title to the subdivision. At the time the final map is recorded, the subdivider shall transmit to the County Recorder a guarantee executed by such a title company as evidence that the parties consenting to the preparation and recordation of said map, and to those offering streets, easements, alleys, and other public places shown thereon for dedication, are all parties having a record title interest in the land being subdivided.

4.    Agreement and bonds. The agreement and bonds specified in this Chapter shall accompany the final map.

5.    Deed restrictions. Three copies of all proposed deed restrictions, if different from those submitted with the tentative map shall accompany the final map.

6.    Miscellaneous. All other data required by law shall accompany the final map. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-68. Action on Final Maps.

(a)    City Engineer and Public Works Director action.

1.    The City Engineer shall check and certify the final map for sufficiency of affidavits, offers of dedications, improvement plans and profiles, survey data, and other information required to ensure compliance with this Chapter.

2.    The Public Works Director shall check and certify the conformance of the final map to the approved tentative map, or to approved alterations.

3.    If the final map and the required accompanying data are found to be in compliance with this Chapter and the approved tentative map, the City Engineer, within 30 days of the filing of a complete application, shall so certify. If the map and data are not in compliance, the City Engineer, before taking further action on the map, shall promptly notify the subdivider, who shall make all the necessary changes, additions, or corrections.

(b)    City Council action.

1.    Approval. The City Council, at its next regular meeting after receipt of the final map from the City Engineer, shall consider said final map and, upon finding that the map conforms with all the requirements of this Chapter, shall approve said final map. If no action is taken by the City Council within such time limits, or within the time extended by mutual consent as set forth herein, the final map shall be deemed to be approved, provided that said map conforms to all the requirements herein. If the map is found not to be in conformity, it shall be disapproved and the Council shall promptly notify the subdivider the reasons therefor.

2.    Conformance with tentative map.

(i) The final map shall be denied by the City Council only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map.

(ii) The City Council shall not deny the final map if it has approved a tentative map for the proposed subdivision and it finds the final map is in substantial compliance with the previously approved tentative map.

3.    Acceptance of dedication and improvement agreement. At the time of the approval of the final map, the City Council also shall accept or reject any or all offers of dedication. As a condition precedent to recordation of the final map by the City Clerk, the City Council shall enter into an agreement with the subdivider requiring that he shall improve the streets, easements, and other dedications in accordance with the standard specifications of the City, unless such streets, easements and dedications have already been improved.

Said agreement shall include, but is not necessarily limited to:

(i)    Mutually agreeable terms to improve said dedications at the subdivider’s expense.

(ii)    A statement indicating the period of time, satisfactory to the City Engineer, within which the subdivider shall complete all improvement work.

(iii)    A provision that if the subdivider fails to complete the work within the said period of time, the City may complete the improvement work and recover the full cost and expense thereof from him or his surety.

(iv)    Provisions for the repair and replacement of defective material and workmanship of said improvements by the subdivider, for a period of 12 months after the Council improvement -acceptance date.

(v)    Provisions for the inspection of all improvements of the subdivider for period of 12 months after the Council improvement-acceptance date.

Said agreement may also provide for:

(i)    Construction of the improvements by units.

(ii)    Extension of time, under the conditions herein specified.

(iii)    Release or partial release of improvement security to the subdivider, for improvements installed. The total of any partial progress payments shall not exceed 90% of the value of the work installed.

(c)    City Clerk action. At the time of the approval of the final map and the acceptance of the dedication and improvement agreement, the City Clerk shall certify as to such approval thereon, and upon receipt of the necessary recording fee from the subdivider, shall forward the approved original map in a reproducible form to the County Recorder for recordation. The final map shall be forwarded to the County Recorder by the City Clerk within ten days of its approval or conditional approval by the City Council. No final map shall have any force or effect and no title to any property described therein shall pass until the final map is recorded. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-69. Improvement Security.

(a)    Required. Any improvement agreement, contract or act required or authorized by the Subdivision Map Act for which security is required, shall be secured in the manner provided for in Section 66499 of the Subdivision Map Act.

(b)    Amount. The subdivider shall file with the improvement agreement an improvement security in the amount and for the following purposes:

1.    An amount equal to 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement.

2.    An amount equal to 100% of the total estimated cost of the improvement or the performance of the required act, securing payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the performance of the required act, or as otherwise provided in the subdivider’s agreement.

3.    An amount determined by the City Council to be necessary for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

4.    If the improvement security is other than a bond or bonds furnished by duly authorized corporate surety, an additional amount shall be included as determined by the City Council as necessary to cover the cost and reasonable expenses and fees, including reasonable attorney’s fees, which may be incurred by the City in successfully enforcing the obligation secured.

5.    The improvement security shall also secure the faithful performance of any changes or alterations in the work to the extent that such changes or alterations do not exceed 10% of the original estimated cost of the improvement.

(c)    Type. Improvement security as used in this Section means one or more of the following:

1.    A cash deposit made to the City.

2.    A bond secured by one or more duly authorized corporate sureties.

3.    An instrument of credit from a financial institution subject to state or federal regulations pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment for the purposes set forth in the instrument.

4.    A lien upon the property to be divided, created by contract between the owner and the City, if the City finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

5.    any form of security, including security interests in real property, which is acceptable to the City.

Any written contract or security interest in real property entered into as security for performance shall be recorded with the County Recorder. From the time of recordation of the written contract or document creating a security interest, a lien shall attach to the real property particularly described therein and shall have the priority of a judgment lien in an amount necessary to complete the agreed-to improvements. The recorded contract or security document shall be indexed in the Grantor Index to the names of all record owners of the real property as specified on the map in the Grantee Index to the City.

The City may at any time release all or any portion of the property subject to any lien or security interest created by this subdivision or subordinate the lien or security interest to other liens or encumbrances if it determines that security for performance is sufficiently secured by a lien on other property or that the release or subordination of the lien will not jeopardize the completion of agreed-upon improvements.

(d)    Special assessment proceeding -- reduction. In the event the required subdivision improvements are financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required hereunder up to an amount corresponding to the amount of faithful performance and labor and materials bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to that required by this Chapter.

(e)    Release. The improvement security required hereunder shall be released in the following manner:

1.    Security given for faithful performance of any act or agreement shall be released upon the final completion and acceptance of the act or work.

2.    The City Council may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application thereafter by the subdivider. In no event shall the City Council authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by this Chapter, the Subdivision Map Act or the improvement agreement.

3.    No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.

(f)    Forfeiture. In the event that the subdivider fails to complete all improvement work agreed upon or required in accordance with the provisions of this Chapter and the City must complete said work, the City shall call on the surety company for reimbursement or shall appropriate funds for reimbursement from any cash deposits. If the amount of the surety bond or the cash deposit exceeds all costs and expenses incurred by said work, the City shall release the remainder of the bonds or of the cash deposit to the subdivider. If the amount of the surety bond or of the cash deposit is less than the costs and expenses incurred by the City for the work, the subdivider shall be liable to the City for the difference.

Sec. 33-70. Survey bonds.

The subdivider shall furnish the City a separate bond issued by a duly authorized corporate surety, or a cash deposit, in an amount equal to the estimated cost of the final survey and setting of monuments required herein. Upon payment to the engineer or the surveyor for setting the final monuments, the subdivider shall present to the City Council evidence of such payment and receipt thereof signed by the engineer or the surveyor, together with a request that his bond be released, or that the cash deposit be returned. The bond shall be released or said cash deposit shall be returned to the depositor at the earliest possible date.

Sec. 33-71. Fees.

Checking, recording and inspection fees in an amount or amounts set by resolution of the City Council shall be submitted at the time of filing of the final map.

Sec. 33-72. Dedication regulations for streets, alleys, drainage, public utility easements and other public easements.

(a)    Requirements. As a condition of approval of a map, the subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets, alleys, including access rights and abutter’s rights, drainage, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abutter’s rights, drainage, public utility easements, and other public easements.

(b)    Rejection. If at the time the final map is approved, any streets, paths, alleys, right-of-way for local transit facilities such as bus turnouts, benches, shelters, landing pads, and similar items, which directly benefit the residents of a subdivision, or storm drainage easements are rejected, the offer of dedication shall remain open and the City Council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept the dedication, which acceptance shall be recorded in the office of the County Recorder.

(c)    Public Waterways. In the case of any subdivision fronting on the bay shoreline, the offer of dedication of public access routes from public highways to land below the ordinary high water mark shall be accepted within three years after the approval of the final map. In the case of any subdivision fronting upon any public waterway, river, or stream, the offer of public dedication of public access routes from public highways to the bank and the public easement along a portion of the waterway, river, or stream shall be accepted within three years after approval of the final map. In the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the State, the offer of dedication of public access routes from public highways to any water of such lake or reservoir shall be accepted within five years after the approval of the final map. Offers of dedication which are not accepted within these time limits shall be deemed abandoned. All other offers of dedication may be accepted at any time.

Sec. 33-73. Drainage and sewer facilities.

Payment of fees required. Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees for defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer facilities for local sanitary sewer areas established pursuant to Chapter 30 of this Code.

Sec. 33-74. Bridge crossings and major thoroughfares.

The purpose of this Section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the State Government Code.

Sec. 33-75. Supplemental improvements reimbursement agreements.

(a)    Required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map, and thereafter to dedicate such improvements to the public. However, the subdivider shall be reimbursed for the portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act.

(b)    Reimbursement agreement; funding procedures. No charge, area of benefit or local benefit district shall be established unless and until a hearing in accordance with the provisions of Section 33-57, subsection (d) is held thereon by the City Council and the City Council finds that the fee or charge and the area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

If addition to the notice required by Section 33-57(d), written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for hearing.

(c)    Drainage, sewerage, bridges and major thoroughfares. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in this Chapter, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of such charge as set forth in this Chapter. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider as set forth herein.

Sec. 33-76. Reversions to acreage by final map.

Subdivided property may be reverted to acreage pursuant to provisions of this Section.

(a)    Initiation of proceedings by owners. Proceedings to revert subdivided property to acreage may be initiated by petition of all of the owners of record of the property. The petition shall be in a form prescribed by the Public Works Director. The petition shall contain the information required by subsection (c) of this Section and such other information as required by the Public Works Director.

(b)    Initiation of proceedings by City Council. The City Council at the request of any person or on its own motion may, by resolution, initiate proceedings to revert property to acreage. The City Council shall direct the Public Works Director to obtain the necessary information to initiate and conduct the proceedings.

(c)    Data for reversion to acreage. Petitioners shall file the following:

1.    Evidence of title to the real property.

2.    Evidence of the consent of all of the owners of an interest in the property; or

3.    Evidence that none of the improvements required to be made have been made within two years from the date of the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

4.    Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record.

5.    A tentative map with the Planning Commission in the form prescribed by Section 33-55.

6.    A final map in the form prescribed by Section 33-64 which delineates dedications which will not be vacated and dedications required as a condition to reversion.

(d)    Fees. A filing fee, in an amount set by resolution of the City Council, shall be submitted with a petition to revert property to acreage.

(e)    Proceedings before the City Council. A public hearing shall be held before the City Council on all petitions for initiations for reversions to acreage. Notice of the public hearings shall be given as provided in Section 66451.3 of the Government Code. The City Council may give such other notice as deemed necessary or advisable.

The City Council may approve a reversion to acreage only if it finds and records in writing that:

1.    Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and

2.    Either:

(i)    All owners of an interest in the real property within the subdivision have consented to reversion; or

(ii)    None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or

(iii)    No lots shown on the final or parcel map have been sold within five years from the date such map was filed for record.

3.    The City Council may require as conditions of the reversion:

(i)    The owners dedicate or offer to dedicate streets or easements.

(ii)    The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this Chapter.

(f)    Return of fees, deposits; release of securities. Except as provided in subsection (e) above, upon filing of the final map for reversion of acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council.

(g)    Delivery of final map. After the hearing before the City Council and approval of the reversion, the final map shall be delivered to the County Recorder.

(h)    Effect of filing reversion map with the County Recorder. Reversion shall be effective upon the final map being filed for record by the County Recorder. Upon filing all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-77. Environmental impact and grading and erosion control.

(a)    Environmental impact. No parcel or tentative map filed pursuant to the provisions of this Chapter shall be approved until an environmental impact analysis is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents.

(b)    Grading and erosion control. Every map approved pursuant to this Chapter shall be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to offsite property.

Sec. 33-78. Inspection of Improvements: Subdivisions and Planned Unit Developments.

The City Department of Plans and Public Works shall be responsible for the construction inspection of grading, streets, sewer mains, and storm drainage facilities for subdivisions and planned unit developments as if these facilities were to be dedicated to the City. A fee, in an amount determined by the City Council, shall be paid by the developer for these inspections. (Ord. 3424 § 1, 2009)

Division 2.1

VESTING TENTATIVE MAPS: For purposes of preserving development rights in effect at the time of Tentative Map approval or conditional approval a subdivider may request the City to confer Vesting Approval on a Tentative Map. Such Vesting Approval shall be subject to the same procedure for Tentative Map as set forth in the City Code except in the following respects.

a)    A Tentative Map proposed for Vesting Approval shall have printed conspicuously on its face the words “Vesting Tentative Map.”

b)    The Planning Commission shall review and take action on all applications for Vesting Tentative Maps as required by the Tentative Map Division of the City Subdivision Ordinance.

c)    Except as otherwise provided in the City Code, approval or conditional approval of a Vesting Tentative Map shall entitle the subdivider to proceed with development in compliance with the ordinances, policies, and standards in effect at the time the application for Tentative Map approval is deemed complete. Ord 3270, § 1; 11/99

d)    Notwithstanding subsection “b”, a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1)    A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2)    The condition or denial is required, in order to comply with State or Federal Law.

e)    Vesting rights shall expire if a Final Map is not approved prior to the expiration of the Vesting Tentative Map.

f)    If the Final Map is approved, vesting rights shall last for the following periods of time:

1)    An initial time period of twelve (12) months from the recording date of the Final Map. Where several Final Maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this initial time period shall begin for each phase when the Final Map for that phase is recorded.

2)    The initial time period set forth in paragraph f.1 shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds thirty (30) days, from the date a complete application is filed.

g)    In no event shall vesting rights last more that one (1) year beyond the recording of the Final Map or, in the case of a phased development, one year beyond the recording of the last phase Final Map. (Ord 3259 §1, 1999)

ARTICLE 6
MINOR SUBDIVISIONS.

Sec. 33-79. Purpose.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-80. Minor subdivision map.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-81. Filing.

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 Department of Plans and Public Works.

(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 Plans and 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. 3472 §§ 1, 19, 2012; Ord. 3424 § 1, 2009)

Sec. 33-82. Requirement for an EIR.

When determined necessary by the Public Works Director, a draft environmental impact report (EIR) shall be completed consistent with the City EIR resolution and filed with the minor subdivision map. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-83. Fees.

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.

Sec. 33-84. Action on minor subdivision map.

(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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-85. Parcel map.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-86. Waiver of parcel map requirements.

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.

Sec. 33-87. Dedications.

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.

Sec. 33-88. Procedures.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 33-89. Recordation.

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. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

ARTICLE 7
ENFORCEMENT -- SEVERABILITY.

Sec. 33-90. Enforcement.

(a)    Compliance. No building, electrical, plumbing, sewer or other permit shall be issued for the construction, reconstruction, alteration, or modification of any building or structure situated on any lot which was subdivided or conveyed contrary to the provisions of this Chapter or of the Subdivision Map Act, and any such permit issued prior to any subdivision or conveyance shall be automatically revoked thereby.

(b)    Voidability. The deed of conveyance, sale or contract to sell made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer or person contractive to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale or contract to sell; however, the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer or person contracting to purchase (other than those above enumerated) and upon the grantor, vendor, or person contracting to sell, or his assignee, heir or devisee.

(c)    Penalty. Any offer to finance, lease, sell or contract all, or any financing of a division of land, lease or sale contrary to the provisions of this Chapter shall be an infraction, and any person, firm, corporation, partnership or co-partnership, upon conviction thereof shall be punishable by a fine, as provided by the Government Code. Except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the City of Monterey or other political subdivision or agency may otherwise be entitled; and the City of Monterey or any other political subdivision or agency may file an action in the Superior Court of the State of California, in and for the County of Monterey, to restrain or enjoin any attempted or proposed subdivision or sale in violation of this Chapter.

Sec. 33-91. Severability.

If any section, subsection, clause, sentence or phrase hereof is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Council of the City of Monterey hereby declares that it would have passed this Chapter and each section, subsection, clause, sentence and phrase hereof irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared invalid.

ARTICLE 8
MERGER OF SUBSTANDARD LOTS

Sec. 33-100 Authority.

This Article is adopted pursuant to Article l.5, Sections 6645l.10 through 66451.21 of the Government Code of the State of California, and the City’s Charter powers.

The provisions of this article shall extend to all eligible parcels of land within the City, including specifically, but not limited to, all residentially-zoned property; R-l, R-2, R-E, and R-G.

Sec. 33-101 When lots may be merged.

Two or more contiguous parcels or units of land may be merged by the City Council when held by the same owner if any of the contiguous parcels or units held by the same owner does not conform to the standards for minimum parcel size, and if all of the following requirements are satisfied:

(a)    At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is partially sited on a contiguous parcel or unit; and

(b)    With respect to any affected parcel, one or more of the following conditions exist:

1.    Comprises less than 5,000 square feet in area at the time of determination of merger.

2.    Was not created in compliance with applicable laws and ordinances in effect at the time of its creation.

3.    Does not meet current standards for sewage disposal and domestic water supply.

4.    Does not meet slope stability standards.

5.    Has no legal access which is adequate for vehicular and safety equipment access and maneuverability.

6.    Its development would create health and safety hazards.

7.    Is inconsistent with the applicable General Plan and any applicable specific plan, other than minimum lot size or density standards.

(c)     For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. (Ord. 3524 § 3, 2015)

Sec. 33-102 Procedure to merge lots.

The procedure for merger of substandard lots shall be as set forth in Sections 6645l.12 through 66451.21 inclusive. Said sections are hereby incorporated by reference as if fully set forth herein.

ARTICLE 9
COVENANT OF EASEMENT (Ord. 3488, 11/13)

Sec. 33-200 General provisions.

This article is adopted pursuant to Government Code section 65870 et seq. (Ord. 3488 § 2, 2013)

Sec. 33-201 Applicability.

When necessary to achieve the land use goals of the City, the City may require a property owner holding property in common ownership to execute and record a covenant of easement in favor of the City for one or more of the following purposes:

(a)    Parking;

(b)    Ingress and egress;

(c)    Emergency access;

(d)    Light and air access;

(e)    Landscaping;

(f)    Open space. (Ord. 3488 § 2, 2013)

Sec. 33-202 Contents of covenant.

The covenant of easement recorded pursuant to this chapter shall be executed by the owner(s) of the burdened property and shall include:

(a)    A legal description of the real property to be subject to the easement;

(b)    A legal description of the real property to be benefited by the easement;

(c)    Identification of the City approval or permit granted which relied on or required the covenant; and

(d)    A description of the purpose(s) of the easement.

(e)    A statement that upon recordation, the burdens of the covenant of easement shall be binding upon all successors in interest to the real property.

(f)    A statement that the covenant of easement shall not be modified or released without the prior approval of the City in the manner required by law. (Ord. 3488 § 2, 2013)

Sec. 33-203 Acceptance by City.

The City Manager may accept an easement on behalf of the City when such an easement is required as a condition of a land use approval, permit, or designation pursuant to this chapter. (Ord. 3488 § 2, 2013)

Sec. 33-204 Recordation.

The covenant of easement shall be recorded by the City on behalf of the property owner in the Monterey County Recorder’s Office. (Ord. 3488 § 2, 2013)

Sec. 33-205 Effect of covenant.

From and after the time of recordation, the covenant of easement shall:

(a)    Act as an easement in compliance with Civil Code section 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code section 1104 shall be applicable to the conveyance of the affected real property; and

(b)    Impart notice to all persons to the extent afforded by the recording law of the State of California. Upon recordation, the burdens of the covenant shall be binding on, and the covenant shall benefit, all successors-in-interest to the real property. (Ord. 3488 § 2, 2013)

Sec. 33-206 Enforceability of covenant.

The covenant of easement shall be enforceable by the successors-in-interest to the real property benefited by the covenant and the City. Nothing in this section creates standing in any person, other than the City, and the owner of the real property burdened or benefited by the covenant, to enforce or to challenge the covenant or any requested amendment or release. (Ord. 3488 § 2, 2013)

Sec. 33-207 Release of covenant.

The release of the Covenant of Easement may be affected by the Planning Commission or the City Council on appeal, following a noticed public hearing.

(a)    The Covenant of Easement may be released by the City at the request of any person, whether or not that person has title to the real property, on a finding that the covenant on the subject property is no longer necessary to achieve the land use goals of the City.

(b)    Upon determination that the restriction on the property is no longer necessary to achieve the land use goals of the City, a release shall be recorded by the City with the Monterey County Recorder’s Office.

(c)    For purposes of this section, an appeal of the Planning Commission’s decision to the City Council may be made pursuant to the provisions set forth in City Code section 38-203 et seq. (Ord. 3488 § 2, 2013)

Sec. 33-208 Fees.

The fee for filing a petition for release of covenant of easement pursuant to this Chapter shall be as set forth in the schedule of fees established by resolution of the Council. (Ord. 3488 § 2, 2013)