Morro Bay Municipal Code Art. I Tentative Maps

Before submitting a tentative map, the person preparing the map shall obtain a tract number from the county of San Luis Obispo planning department. 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 department of planning and building. The tract may also be given a name.

(Ord. No. 522, § 3, 3-12-2007)

The tentative map application shall be filed with the public services department and shall be prepared in accordance with the provisions of Chapter 16.20. The application shall be accompanied by the number of map prints required by the Public Services Department. An eight-and-one-half inch by 11-inch reduction shall also be provided.

(Ord. No. 522, § 3, 3-12-2007)

Planning and engineering department 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 thirty days following submittal if the map application is not complete.

(Ord. No. 522, § 3, 3-12-2007)

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. No. 522, § 3, 3-12-2007)

Within twenty days of forwarding, each staff member, department or agency given a copy of the tentative map application shall send the public services department its report with recommendations, if any, pertaining to the map. Based on staff analysis and the recommendations submitted to it, the public services department shall prepare a report and recommendation for transmittal with the application for filing with the planning commission.

(Ord. No. 522, § 3, 3-12-2007)

All tentative maps shall be reviewed by the subdivision review committee prior to filing any tentative map with the planning commission.

A. The subdivision review committee shall determine the following:

1. The completeness and accuracy of the tentative maps and ancillary reports and the suitability of the land for purposes of subdivisions;

2. Overall design of the subdivision, and conformity with all pertinent requirements of this title and other ordinances/laws and plans of the city;

3. Provisions for and suitability of street improvements, underground utilities, fire hydrants, ornamental electroliers, storm drains, streets, trees, sidewalks, including adequacy of the water supply, sewage disposal and easements for utilities and drainage;

4. Provisions for public areas including parks, schools, public utility facilities, etc.

B. Action by the subdivision review committee:

1. The subdivision review committee shall review the tentative map and accompanying development applications for compliance with this title, consistency with the general and specific plan and zoning for the land on which the proposed development is located and conformity with all other applicable laws, regulations and ordinances governing such property. If any portion of the subdivision is incomplete or in conflict with any of the requirements, then the director of public services shall so inform the subdivider, in writing;

2. The subdivision review committee may deem it advisable to recommend additional improvements, easements, dedications, etc. to be included. The subdivider shall be duly informed of the nature of the recommendation prior to the committee meeting;

3. If, after analysis, it is found that the subdivision required a significant amount of correction before the committee deems it complete to bring it before the planning commission, the subdivision review committee may require the subdivider to make the changes and reappear before the subdivision review committee for further study;

4. The tentative map and accompanying development application shall be formally filed if the director of public services has found the tentative map and accompanying development applications are complete and in compliance as set forth hereinabove.

C. Appeal. if the subdivider believes the subdivision review committee decision is in error the subdivider may request consideration thereof by the planning commission. In such a case the subdivider, within sixty days, shall file his/her objections, in writing, with the director of public services, whereupon the map and application shall be placed on the planning commission agenda, at which time the planning commission will make an independent determination as to the issues appealed from by the subdivider.

(Ord. No. 522, § 3, 3-12-2007)

A. 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 Subdivision Map Act and shall be given by:

1. Publication in a newspaper of general circulation not less than ten days before the meeting;

2. First-class mail to all owners of property located within three hundred feet of the proposed tract, according to the latest county assessment roll, and owners of other property which, as determined by the director of public services, consistent with the requirements of Section 66451.4 of the Government Code, may be adversely affected by the proposed subdivision; and

B. The director of public services shall notify the subdivider and provide copies of all reports and recommendations being submitted to the planning commission from the director of public services not less than three business days before the meeting.

C. Each street frontage of property to be subdivided shall be clearly posted with a "notice of intent to subdivide" provided by the public services department at the time that a complete application for subdivision is filed.

(Ord. No. 522, § 3, 3-12-2007)

Applicant Requested Continuances. 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. No. 522, § 3, 3-12-2007)

Prior to consideration of a tentative map by 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 shall 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 map. The first application shall be deemed withdrawn upon the submission of the revised application.

(Ord. No. 522, § 3, 3-12-2007)

Within fifty days of the filing thereof, the planning commission, after a hearing and consideration of the tentative map, accompanying reports of applicant and staff, and public testimony, shall 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. No. 522, § 3, 3-12-2007)

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. No. 522, § 3, 3-12-2007)

Minor modifications of an approved or conditionally approved tentative map may be made. However, they must be approved by the director of public services and the city engineer prior to filing of the final map.

(Ord. No. 522, § 3, 3-12-2007)

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 planning commission. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his right to have the map considered within those time limits as set forth in the Permit Streamlining Act (Section 65943, California Government Code).

(Ord. No. 522, § 3, 3-12-2007)

When any application for a tentative map filed pursuant to this part has been denied, no new application that 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 director of public services shall determine whether facts have changed or when an application is substantially the same as the previous application.

(Ord. No. 522, § 3, 3-12-2007)