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)