Chapter 16.16 SUBDIVISIONS

The tentative map application shall include at least ten copies of the tentative map, the tentative map application form and all the required accompanying data and reports as are detailed in SMC 16.12.030. The tentative map shall be considered for filing only when such map conforms to SMC 16.12.010 through 16.12.030. The date of filing shall be the date on which the determination of completeness is made by the chief of planning following Government Code Section 65943. (Ord. 626 § 1 (Art. IV § 302(A)), 1983)

16.16.030 Environmental determination.

The planning commission shall make the determination as to whether the subdivision requires the preparation of a negative declaration or an environmental impact report (EIR). In the event that an EIR is required, the subdivision application shall be deemed to be received for filing under the permit statute at the time the environmental document has been completed and certified. (Ord. 626 § 1 (Art. IV § 302(B)), 1983)

16.16.040 Planning commission recommendations.

The planning commission is authorized to recommend to the city council approval, conditional approval, or denial of subdivision applications and all applications for conversion of residential real property to condominiums, community apartments or stock cooperative projects. (Ord. 626 § 1 (Art. IV § 302(C)), 1983)

16.16.050 Tentative map – Notice of filing to school district.

Within ten days of the filing of a tentative map, the chief of planning shall send a notice of the filing of the tentative map to the governing board of Monterey Peninsula Unified School District. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. Such governing board may review the notice and may send a written report thereon to the city. If a written report is made by the governing board, the report shall indicate the impact of the proposed subdivision on the affected school district and shall make such recommendations as the governing board of the district deems appropriate. If a written report is made by the governing board, such report shall be returned within twenty working days of the date on which the notice was mailed to the school district for comment. In the event that the governing board of any such district fails to respond within the twenty-day period, such failure to respond shall be deemed approval of the proposed subdivision. (Ord. 626 § 1 (Art. IV § 302(C)(1)), 1983)

16.16.060 Tentative map – Notice of public hearing.

Notice of the public hearing for the planning commission consideration of the tentative subdivision map shall include a general description of the location of the subdivision or proposed subdivision, a description of the proposed subdivision and the time and place of the public hearing. Such notice shall be given by publication once in a newspaper of general circulation at least ten days before the hearing. In addition, the notice of public hearing shall be provided to all persons shown on the last equalized assessment roll as owning property within three hundred feet of the property which is the subject of the application by at least one of the following methods:

A. Direct mailing to the owners;

B. Posting of notice by the local agency on and off the site in the area where the project is located;

C. Delivery of notice by any means other than mail to the owners;

D. Any other method reasonably calculated by the local agency to provide actual notice of the hearing. (Ord. 626 § 1 (Art. IV § 302(C)(2)), 1983)

16.16.070 Tentative map – Review period.

After the tentative subdivision map has been determined to be complete and the environmental determination has been made with the required environmental documents prepared, the chief of planning shall forward copies of the tentative map to the city departments, utility companies and responsible agencies for review and comments. Having received comments from affected departments and agencies, the chief of planning shall prepare a report or recommendation on the subdivision application for the planning commission public hearing. Such report shall be in writing. A copy of such report shall be served on the subdivider, and on each tenant of the subject property in the case of a condominium conversion, at least three days prior to the planning commission public hearing. (Ord. 626 § 1 (Art. IV § 302(C)(3)), 1983)

16.16.080 Tentative map – Planning commission action.

The planning commission shall hold a public hearing and make its written report on the tentative map to the city council within thirty days of the date the application has been deemed received for filing. (Ord. 626 § 1 (Art. IV § 302(C)(4)), 1983)

16.16.090 Tentative map – City council action.

A. At the next regular meeting of the city council following the filing of the planning commission’s report with it, the city council shall fix the meeting date at which the tentative map will be considered by it, which date shall be within thirty days thereafter and the city council shall approve, conditionally approve, or disapprove the tentative map within such thirty-day period.

B. Approval. In approving or conditionally approving the tentative map, the city council shall find that the proposed subdivision, together with its provisions for its design and improvements, is consistent with applicable general or specific plans adopted by the city.

C. Denial. The tentative map may be denied by the city council on any grounds provided by city ordinance or the state Subdivision Map Act. The city council shall deny approval of the tentative map if it makes any of the following findings:

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

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

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

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

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

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

7. That the required facilities such as water sewage treatment, etc., are not available to serve the proposed development;

8. 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. The city council may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is granted to the city council to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. (Ord. 626 § 1 (Art. IV § 302(C)(5)), 1983)

16.16.100 Tentative map – Expiration and extension of approval.

Guidelines for expiration and extensions of the tentative map approval are as follows:

A. Expiration. An approved or conditionally approved tentative map shall expire twenty-four months after its approval or conditional approval. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings, and no parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a tentative map.

1. The twenty-four month period of time shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five 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, that if such remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium.

2. The city council may approve a stay of any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map within the twelve-month period of time pursuant to the following action:

a. The subdivider shall make an application for a stay within ten days of the service of the initial petition or complaint in such lawsuit upon the local agency;

b. Within forty days after receiving such an application, the city council shall hold a public hearing duly advertised following procedures set forth by this title to determine whether to grant a stay for up to five years or deny the requested stay.

B. Extensions. Upon written application of the subdivider filed not less than forty-five days prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the city council for a period or periods not exceeding a total of two years. The chief of planning shall review the request and submit the application for extension, together with a report, to the city council for approval, conditional approval or denial. A copy of the chief of planning’s report shall be forwarded to the subdivider prior to the city council meeting on the extension. The city council shall specify the new expiration date of the tentative subdivision map. Consideration of the following shall be made in determining whether or not an extension should be granted:

1. Does the approved tentative map still comply with the zoning ordinance, general plan, and/or specific area plans?

2. Has the subdivider demonstrated significant progress in the conditions of approval?

3. Have there been significant changes whereby the tentative map will now have significant adverse effects on the neighborhood and/or community?

4. What is a reasonable period of time in which to complete the outstanding conditions of approval?

As a condition of the extension of the tentative subdivision map, the city council may impose new conditions or revise existing conditions on the approved tentative map as recommended by the chief of planning in his report or as the city council may find necessary. (Ord. 626 § 1 (Art. IV § 302(D)), 1983)

16.16.110 Tentative map – Amendments.

Minor changes in the tentative map may be approved by the chief of planning and the city engineer on their own initiative or upon application by the subdivider, provided:

A. No lots, units or building sites are added.

B. The changes are consistent with the intent and spirit of the original tentative map approval. The intent and spirit shall include the designated open space, lot sizes, lot access, solar orientation and other design features of the tentative map.

C. There are no resulting violations of the Seaside Municipal Code. Any amendment shall be approved by the chief of planning and the city engineer. The amendment shall be indicated on the approved map and certified by the chief of planning and the city engineer. Amendments of the tentative map other than minor shall be presented to the city council for approval. Processing shall be in accordance with SMC 16.16.020 through 16.16.090. Any approved amendment shall not alter the expiration date of the tentative map. (Ord. 626 § 1 (Art. IV § 302(E)), 1983)

16.16.120 Public improvements.

All required public improvements and utility installations shall be completed in a manner acceptable to the city engineer before the parcel or final map may be filed and recorded. (Ord. 626 § 1 (Art. IV § 302(F)), 1983)

16.16.130 Parcel map – Preliminary submittal.

The subdivider shall submit four sets of prints of the parcel map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the accompanying reports, plans and documents as required in SMC 16.12.080. (Ord. 626 § 1 (Art. IV § 302(G)(1)(a)), 1983)

16.16.140 Parcel map – Return to subdivider’s engineer for corrections.

Upon completing the preliminary check, the city engineer shall note the required corrections on the preliminary prints, reports and data and return one set to the subdivider’s engineer for revision. (Ord. 626 § 1 (Art. IV § 302(G)(1)(b)), 1983)

16.16.150 Parcel map – Resubmittal.

The subdivider’s engineer shall submit two sets of the revised map, reports and data to the city engineer. After checking the revisions, one set shall be returned to the subdivider’s engineer marked approved as submitted, approved when corrected as noted, or revise and resubmit. (Ord. 626 § 1 (Art. IV § 302(G)(1)(c)), 1983)

16.16.160 Parcel map – Approval by city engineer.

A. Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates.

B. The city engineer and the chief of planning shall sign the appropriate certificates.

C. The city engineer shall approve the parcel map and the subdivision improvement agreement.

D. The chief of planning shall approve the parcel map if he finds that the parcel map is in substantial compliance with the previously approved tentative minor subdivision map. (Ord. 626 § 1 (Art. IV § 302(G)(1)(d)), 1983)

16.16.170 Parcel map – Filing with county recorder.

Upon approval of the parcel map and receipt of the improvement security, the city engineer shall forward the map to the clerk of the county board of supervisors for transmittal to the county recorder. (Ord. 626 § 1 (Art. IV § 302(G)(1)(e)), 1983)

16.16.180 Parcel map – Waiver of requirements.

A. The city engineer may waive the parcel map for a division of property resulting from the conveyance of land, or interest 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.

B. Upon waiving the parcel map requirement, the city engineer shall cause to be filed with the county recorder a certificate of compliance for the land to be divided.

C. A parcel map waived by the city engineer may be conditioned to provide for payment of drainage and other fees by a method approved by the city engineer. (Ord. 626 § 1 (Art. IV § 302(G)(1)(f)), 1983)

16.16.190 Final map – Preliminary submittal.

The subdivider shall submit four sets of prints of the parcel or final map to the city engineer for checking. The preliminary prints shall be accompanied by two copies of the accompanying reports, plans and documents as required in SMC 16.12.080. (Ord. 626 § 1 (Art. IV § 302(G)(2)(a)), 1983)

16.16.200 Final map – Return to subdivider’s engineer for correction.

16.16.210 Final map – Resubmittal.

The subdivider’s engineer shall submit two sets of the revised map, reports and data to the city engineer. (Ord. 626 § 1 (Art. IV § 302(G)(2)(c)), 1983)

16.16.220 Final map – Final review by city engineer.

Upon receipt of an approved print, the subdivider shall submit the original tracing of the revised map, prepared in accordance with the Subdivision Map Act and this title and corrected to its final form, and signed by all parties required by the Map Act and this chapter to execute the certificates on the map, to the city engineer. The city engineer and the chief of planning shall sign the appropriate certificates. (Ord. 626 § 1 (Art. IV § 302(G)(2)(d)), 1983)

16.16.230 Final map – Approval by city council.

The city council shall approve the final map and the subdivision improvement agreement. The city council shall also accept all such lands and/or improvements as may be proposed for dedication to the city. (Ord. 626 § 1 (Art. IV § 302(G)(2)(e)), 1983)

16.16.240 Final map – Filing with county recorder.

Upon approval of the final map and receipt of the improvement security, the city engineer shall forward the map to the clerk of the county board of supervisors for transmittal to the county recorder. (Ord. 626 § 1 (Art. IV § 302(G)(2)(f)), 1983)

16.16.250 Final map – Disapproval.

The city council shall disapprove the final map for failure to meet or perform any of the requirements or conditions imposed by this title or by the Subdivision Map Act; provided, that the requirements or conditions were applicable to the subdivision at the time of approval of the tentative map or as a condition of extension of the time limit; and provided further, that such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. Where the city council finds that the failure of the map is the result of a technical and inadvertent error which by the determination of the city council does not affect the validity of the map, the city council may approve the final map. (Ord. 626 § 1 (Art. IV § 302(G)(2)(g)), 1983)