Atascadero Municipal Code Art. 1 Tentative Maps

Before submitting a tentative map, the person preparing the map shall obtain a tract number from the County of San Luis Obispo. The number shall be placed upon each copy of the tentative map and shall not be changed unless a new number is assigned to the subdivision by the County of San Luis Obispo. The tract may also be given a name.

(Ord. 370 § 2, 2000)

The tentative map application shall be filed with the Community Development Department and shall be prepared in accordance with these regulations, the Subdivision Map Act and the Subdivision Guidelines and Standards Manual. The application shall be accompanied as many copies of the tentative map as may be required by the Community Development Director. Any application for a tentative map for a condominium conversion or for any condominium project or other common interest development, as defined in Civil Code Section 1351, shall be accompanied by an application for a conditional use permit as required by Chapter 12 of Title 9, Planning and Zoning.

(Ord. 370 § 2, 2000; Ord. 523 § 5, 2007)

Planning and engineering staff shall examine the map application upon presentation and shall not accept it unless it is a complete application in compliance with the Subdivision Map Act and these regulations. The subdivider shall be notified in writing within 30 days following submittal if the map application is not complete. The tentative map application shall not be considered received until stamped, signed and dated by the Community Development Department. Further the map application shall not be deemed complete until an environmental determination has been made as provided in the City's CEQA Guidelines.

(Ord. 370 § 2, 2000)

After a tentative map has been submitted and determined to be complete, the planning staff shall forward a copy of the map and accompanying data and reports to all appropriate staff, departments and other agencies for review and report.

(Ord. 370 § 2, 2000)

Within 20 days of forwarding, each staff member, department or agency given a copy of the tentative map application shall send the Community Development Department its report with recommendations, if any, pertaining to the map. Based on staff analysis and the recommendations submitted to it, the Community Development Department shall prepare a report and recommendation for transmittal with the application for filing with the Planning Commission.

(Ord. 370 § 2, 2000)

The Planning Commission shall hold a public hearing on the tentative map, and notice thereof shall be given as provided in Section 66451.3 of the Map Act, except those subdivisions proposed within an area zoned Residential Suburban (RS), where all owners of real property within a 1,000 foot radius of the subject property shall receive notice as provided herein. Any interested person may appear at such hearing and shall be heard.

(Ord. 370 § 2, 2000; Ord. 620 § 4, 2019)

Applicant-Requested Continuances. A tentative map scheduled for a Planning Commission agenda will be considered only when the applicant is present. Prior to the scheduled date of Planning Commission consideration, the applicant may request a continuance to a future agenda date. Granting or denial of such request is at the sole discretion of the Planning Commission.

(Ord. 370 § 2, 2000)

Prior to consideration of tentative map the Planning Commission, a revised tentative map may be submitted for consideration. A new application and fee shall be required prior to placement on the Planning Commission's agenda. An updated title report may be required. Changes required by the City shall not be considered map revisions. A revised tentative map shall be considered as a new application, and the date of filing shall be the date of filing the revised tentative tract map. The first application shall be deemed withdrawn upon the submission of the revised application.

(Ord. 370 § 2, 2000)

The Planning Commission shall, after a hearing and consideration of the tentative map, accompanying reports of applicant and staff, and public testimony, consider and approve, conditionally approve, or disapprove the tentative map. If conditional approval of a map is recommended, the report shall contain a complete statement of the conditions of approval. The approval or conditional approval of any tentative map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law. If the map is disapproved, the grounds for disapproval shall be stated.

(Ord. 370 § 2, 2000)

Once a date for Planning Commission consideration of the tentative map has been set, requests for withdrawal shall be submitted to the Planning Commission in writing, or orally if made at the meeting when the map is being considered. No refund of the filing fee shall be made. Withdrawal of the map shall be an effective denial of the application.

(Ord. 370 § 2, 2000)

Minor modifications of an approved or conditionally approved tentative map may be made subject to the approval of the Community Development Director and the City Engineer prior to filing of the final map.

(Ord. 370 § 2, 2000)

Any of the time limits for acting on tentative maps specified in these regulations may be extended by mutual consent of the subdivider and the Community Development Department or Planning Commission. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his or her right to have the map considered within the time limits set forth in the Permit Streamlining Act (Section 65943, California Government Code).

(Ord. 370 § 2, 2000)

When any application for a tentative map filed pursuant to this chapter has been denied, no new application which is substantially the same shall be filed within one year of the date of denial unless the facts upon which the Planning Commission based its decision have changed. The Community Development Director shall determine whether facts have changed or when an application is substantially the same as the previous application.

(Ord. 370 § 2, 2000)