Monterey County court rules 1907 subdivision is still valid

A court in Monterey has decided to accept an old subdivision map as valid, paving the way to 73 new houses in the town of Spreckels, an increase of 40% in the number of new houses in the only town in Montery County designated as a historic district [Google satellite photo]. The issue was complex, because the state Supreme Court has left open questions regarding subdivisions created between 1893 and 1929.

Unless the issue is resolved in their favor, environmentalists contend, developers will keep hunting for "antiquated’’ subdivision maps that permit them to build on land that elected officials would be reluctant to approve.

"Because of this ancient map, the Tanimuras will now be able to build on virgin farmland that in our view was never intended for housing,’’ said Elizabeth Panetta, a community activist for LandWatch.

A disappointed Jim Riley, Spreckels’ historian, said the 1907 map is so dated that the streets were designed for wagons, horses and carriages.
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"This is an area of the law that needs a legislative solution,’’ said Andrew Schwartz, a San Francisco environmental attorney. "These antiquated subdivisions are all over the state. They’re a huge problem.’‘

In a report prepared for the David and Lucile Packard Foundation, Wittwer’s and Schwartz’s law firms estimated there are between 400,000 and a million antiquated subdivision lots.