San Luis Obispo County Municipal Code Ch. 21.02 Applications, Content, Processing and Time Limits

(a) Every division of land, improved or unimproved, shall be preceded by the filing of a parcel or tract map pursuant to this title except the following divisions:

(1) The financing or leasing of apartments, offices, stores or similar spaces within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks;

(2) Mineral, oil or gas leases;

(3) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

(4) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, processed in compliance with Section 21.02.030;

(5) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the financing or leasing is not subject to review under other local agency ordinances regulating design and improvements;

(6) The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

(7) Leases of agricultural land solely for agricultural purposes. As used in this section, "agricultural purposes" means, and is limited to, the cultivation of food or fiber or the grazing or pasturing of livestock;

(8) Short-term leases (terminable by either party on not more than thirty days' notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Public Utilities Code Section 230;

(9) Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless the planning director determines on the basis of substantial evidence that public policy necessitates a parcel map. Such determination shall be confirmed at the next regular subdivision review board meeting no sooner than ten days following the filing by the divider of sufficient information regarding the division to enable the planning director to make his determination. In the event the applicant is dissatisfied with the action taken by the planning director, he may appeal to the board of supervisors within ten days of the determination which is being appealed. Proof of conveyance shall be submitted to the planning director. Approvals granted pursuant to this subsection shall be null and void two years from the date of approval;

(10) Within the coastal zone, land divisions in connection with purchase of such land by a public agency for public recreational use.

(b) Except as provided in subsection (a) or (c) of this section, each of the following divisions of land, regardless of the number of parcels created, shall be preceded by the filing of a tentative and parcel map pursuant to this title:

(1) Where the land before division contains less than five acres, each proposed parcel abuts upon a maintained public street or highway, and no dedications or improvements are required by the subdivision review board;

(2) Where each proposed parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway. For purposes of this subsection, "approved access" means access for which improvements exist or are proposed as a condition of approval of the parcel map in accordance with Section 21.05.020;

(3) Where the land consists of a parcel or parcels of land, having approved access to a public street or highway, which comprises part of a tract of land designated (zoned) for industrial or commercial development, and which has the approval of the subdivision review board as to street alignments and widths;

(4) Where each proposed parcel has a gross area of forty acres or more, or each of which is a quarter section or larger.

(c) Except as provided in subsections (a) and (b) of this section, any division resulting in five or more parcels shall be preceded by filing a tentative and tract map pursuant to this title.

(d) All divisions of land not otherwise specifically exempted from parcel map requirements by this title and for which a tentative and final map is not required by this title shall be preceded by the filing of a tentative and parcel map pursuant to this title.

(e) The requirements for a parcel map may be waived by the subdivision review board, provided the subdivision review board finds that the proposed division of land complies with the requirements of the Subdivision Map Act, or county ordinances enacted pursuant thereto, as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, general plan consistency, land use designation (zoning) and other requirements of the Subdivision Map Act, or county ordinances enacted pursuant thereto.

(f) The procedures and requirements for waiver applications shall be the same as those set forth for the processing of tentative parcel maps for four or fewer parcels.

(Ord. 3000 § 1, 2003; Ord. 2636 §§ 5, 6, 1993: Ord. 2581 §§ 2, 3, 1992; Ord. 2343 § 5, 1988; Ord. 2070 § 2, 1981; Ord. 1986 § 2 (part), 1979)

Certificates of compliance and conditional certificates of compliance are issued under the provisions of Government Code Section 66499.35. A certificate of compliance application is filed to request the county to determine as a matter of record whether the real property which is the subject of the application is a legally created parcel which complies with the provisions of the Subdivision Map Act and this title. If the county determines that the parcel of real property is not legally created in compliance with the provisions of the Subdivision Map Act and this title, it shall issue a certificate of compliance or a conditional certificate of compliance in accordance with the provisions of Government Code Section 66499.35(b). If the applicant is the original subdivider of the subdivision which was not in compliance with the law, conditions may be imposed which would be applicable to a current division of the property. If the applicant is a subsequent purchaser from the subdivider of the subdivision which was not in compliance with the law, conditions may be imposed which would have been applicable at the time the applicant acquired his or her interest in the property. When a certificate of compliance or a conditional certificate of compliance is requested, application preparation and processing shall include the following:

(1) Application. Certificate of compliance and conditional certificate of compliance applications shall include four copies of a completed application form as required by the planning department in addition to the information listed in subsection (2) below.

(2) Content. Except as otherwise provided, certificate of compliance and conditional certificate of compliance applications shall include all of the following:

a. Chain of Title. Provide legible copies of all deeds affecting the property beginning with the deed that described the property prior to its current configuration from that time to the present, unless the parcels were created through a recorded tract map, parcel map, or official map or unless waived by the planning director. A typed copy of all handwritten deeds and copies of earlier deeds in the chain of title or deeds describing adjacent property shall be submitted by the applicant if requested by the planning director;

b. Preliminary Title Report. Two copies of a preliminary title report concerning the property, showing current property owners, and which is not more than six months old;

c. Other Information. Any maps or other supporting documents to support and clarify when and how the parcel in question was created;

d. Coastal Zone. For conditional certificates of compliance within the coastal zone, include two copies of a list of names and addresses of all residents and property owners within one hundred feet of the exterior boundaries of property. The names and addresses shall be typed on gummed labels, and submitted to the planning department.

(3) Review and Approval. The planning director is delegated the authority to approve and issue certificates of compliance. The subdivision review board is delegated the authority to approve and issue conditional certificates of compliance. The decision of the planning director or subdivision review board shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

a. Staff Report. The planning department shall prepare a staff report for each application that includes the following:

1. A description of the history of the creation of the parcel;

2. A reference to applicable state law and county ordinances and regulations; and

3. In the case of a conditional certificate of compliance, recommend appropriate conditions to be imposed.

b. Notice and Hearing. Except for notice to the applicant prior to action by the planning director, notice of hearing is not required to be given for certificates of compliance under Government Code Section 66499.35(a) because the issuance of such certificates of compliance is ministerial. The planning director shall schedule applications for conditional certificates of compliance under Government Code Section 66499.35(b) on the public hearing portion of the subdivision review board agenda. Notice of hearing shall be given pursuant to Section 21.04.010 for all conditional certificates of compliance under Government Code Section 66499.35(b); provided, however, for conditional certificates of compliance within the coastal zone, notice and hearing requirements shall be as set forth in Sections 21.04.010 and 21.08.020 of this title.

c. Approvals Within the Coastal Zone. For conditional certificates of compliance applications located within the coastal zone that are appealable to the coastal commission, approval shall not be final until either all appeal periods have expired and no appeal has been filed, or the coastal commission has approved the application.

(4) Recordation. After a decision to issue a certificate of compliance or conditional certificate of compliance becomes final, such certificate or conditional certificate shall be recorded in the office of the county recorder upon payment by the applicant of the required recording fee.

(Ord. 2636 §§ 7, 8, 1993: Ord. 2602 §§ 3—5, 1993; Ord. 2582 §§ 3, 4, 1992; Ord. 2581 § 4, 1992)

(a) General. Lot line adjustments between four and fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, shall be processed pursuant to this section.

(b) Application Contents. Lot line adjustment applications shall be submitted to the planning department and include the following:

(1) Application Form. A completed application form.

(2) Preliminary Title Report. Two copies of a preliminary title report concerning the property, dated not more than six months old, with an updated title report required at the time recordation of the final map or certificates of compliance.

(3) Lot line adjustment map. Fifteen copies of a lot line adjustment map accurately drawn to scale. Measurements shall be identified by feet, square feet or acres to the nearest tenth. One copy of a reduction of the map on material measuring eight and one-half inches by eleven inches shall also be submitted. The map shall meet the following criteria:

a. Size and scale. The size and scale of the prints shall be the same as those for tentative maps set forth in Section 21.02.044.

b. Record data. All exterior and interior lines shall be shown on the map and shall be identified by course and bearing description, based on survey data, calculated data, or information of record. If a survey is done, any monuments established must be shown on a record of survey filed in accordance with the Land Surveyors Act, Business and Professions Code section 8700, et seq.

c. Lot lines. Proposed new lines and lines to be eliminated shall be so identified in written notation or by legend. Lines to be eliminated shall be dashed or otherwise drawn so as to be clearly distinguishable from and subordinate to remaining and new lines.

d. Lot areas. The area of all existing and proposed parcels shall be identified and listed in acres or square feet.

e. Existing structures. All existing structures, wells, septic tanks, driveways, and other improvements located on the original parcels shall be accurately located, identified, and drawn to scale. The distance between structures, the distances from existing structures to the boundary lines of the existing and the proposed parcels, and the height of each structure shall be shown. Such distances shall be established by a registered civil engineer's or licensed land surveyor's survey when deemed necessary by the planning department.

f. Streets. The locations, names, county road numbers, and widths of all adjoining and contiguous highways, streets and ways.

g. Easements. The locations, purpose, and width of all existing and proposed easements, streets (with proposed names) and appurtenant utilities.

h. Drainage. The approximate location of all watercourses, drainage channels, and existing drainage structures.

i. Landforms. The approximate location of other topographic or man-made features, such as bluff tops and ponds.

j. Lakes and oceans. Approximate high water lines in lakes or reservoirs, and the mean high tide line of the ocean.

k. Flood hazard. The location of all areas subject to inundation or stormwater overflow.

l. Property description. A description of the property as well as the assessor's parcel number(s) for the property.

m. Map information. A north arrow and scale and a vicinity map.

(4) Verification of parcel legality. The application shall include copies of recorded certificates of compliance or other information to confirm that the parcels to be adjusted are existing legal parcels.

(5) Statement of explanation. The application shall contain any additional information necessary to explain the request. A statement shall be prepared and submitted by the applicant showing how the proposed lot line adjustment satisfies the criteria that are required by this section.

(6) Other information. Any additional information required by the list(s) maintained by the planning department, prepared under Government Code section 65940, which specify in detail information required to be submitted prior to the determination by the planning department that an application is complete.

(c) Criteria to be considered. Lot line adjustments are limited to four or fewer parcels. A lot line adjustment shall not be approved or conditionally approved unless the new parcels resulting from the lot line adjustment will conform to the County's General Plan, Specific Plan, Local Coastal Program, and zoning and building ordinances. The criteria to be considered includes, but is not limited to, standards relating to parcel design and minimum lot area. These criteria may be considered satisfied if the resulting parcels maintain a position with respect to said criteria which is equal to or better than such position prior to approval or conditional approval of the lot line adjustment.

(d) Action on lot line adjustments. The county shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the general plan, local coastal program, and zoning and building ordinances. The county shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. Lot line adjustments that do not meet the criteria set forth in the following subsection (d)(1) are considered discretionary, subject to action by a review authority described in subsections (d)(2) through (d)(3).

(1) Minor lot line adjustments. The provisions of this section establish the criteria for approving tentative minor lot line adjustments that meet the standard of this subsection. The tentative approval of minor lot line adjustments and subsequent review and approval of deeds are ministerial acts and not subject to CEQA. A minor lot line adjustment application is subject to the completeness review provisions in Section 21.02.070 and shall contain all required content described above in Section 21.02.030(b). After the filed application is deemed complete the planning director shall tentatively approve the minor lot line adjustment if it meets the standards in this subsection, provided however that the county surveyor may impose conditions as part of such tentative approval to ensure that the standards established by subsection (e) will be satisfied prior to recordation of the map or deed(s) consummating the lot line adjustment. Applications complying with the following standards can be processed as a minor lot line adjustment pursuant to this subsection:

a. No parcel is located within the coastal zone of the county;

b. The adjustment is not being processed in conjunction with any land use permit application;

c. No parcel is completely relocated;

d. For existing parcels that do not meet minimum parcel size, resulting parcels shall not be reduced in size by more than ten percent;

e. For existing parcels that meet minimum parcel size, all resulting parcels shall also meet minimum parcel size as defined in Section 22.22.010 through 22.22.140 of Title 22 of the County Code;

f. All existing lots shall be considered a buildable parcel as defined in Section 21.01.020;

g. No modification to standards within Title 19 and/or Title 22 is required to approve the proposed lot line adjustment; and

h. For properties under a Williamson Act agricultural preserve and land conservation contract (if applicable) the minor lot line adjustment must be consistent with Government Code Section 61257 et seq. and prior to action by the planning director, the lot line adjustment shall be reviewed by staff to determine if an amendment to the agricultural preserve and land conservation contract is necessary. Any required amendments to the agricultural preserve and/or required replacement land conservation contract shall be recorded concurrently with the final map or certificates of compliance.

(2) The authority to approve, conditionally approve, or deny lot line adjustment applications which do not meet the minor lot line adjustment set forth in Section 21.02.030(d)(1) is delegated as follows:

a. Action by subdivision review board. Except as provided in subsections (d)(1) and (d)(2) above, the subdivision review board is delegated the authority to approve, conditionally approve, or disapprove lot line adjustment applications. Notice of hearing shall be given pursuant to Section 21.04.010. Provided, however, for lot line adjustments within the coastal zone, notice and hearing requirements shall be as set forth in Sections 21.04.010 and 21.08.020 of this title. The subdivision review board shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 or Title 23 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the subdivision review board shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

b. Action by planning director. The planning director (or designated staff member) is delegated the authority to approve, conditionally approve, or disapprove lot line adjustment applications that do not meet the criteria for a minor lot line adjustment and which are not located within the coastal zone of the county, are exempt from the provisions of the California Environmental Quality Act, and are not being processed in conjunction with any land use permit application. Provided, however, at the request of the applicant or in the discretion of the planning director, any lot line adjustment application may be referred to the subdivision review board for review and decision pursuant to subsection (d)(2)(i) above. Notice of hearing shall be given pursuant to Section 21.04.010. The planning director shall not impose conditions or exactions on the approval of a lot line adjustment except to conform to the provisions of Title 19 and Title 22 of this code, or except to facilitate the relocation of existing utilities, infrastructure, or easements. The decision of the planning director shall be final unless appealed to the board of supervisors pursuant to Section 21.04.020 of this title.

(e) Final processing. The lot line adjustment shall be reflected in a deed which shall be recorded when all conditions of approval have been satisfied. Any applicable deeds of trust shall be revised in a recorded document or documents to conform to the new configuration of the resulting parcels. The lot line adjustment shall be completed and finalized by the filing of a certificate of compliance for each of the resulting parcels. Provided, however, at the discretion of the applicant, the lot line adjustment may be completed and finalized by the filing of a parcel map pursuant to this title and the Subdivision Map Act. Any such parcel map may be based on compiled record data when sufficient information exists on filed maps to locate and retrace the exterior boundary lines on the parcel map. The determination as to whether sufficient information exists shall be made by the county surveyor.

(f) Expiration. An approved or conditionally approved lot line adjustment shall expire unless completed and finalized within two years after its approval or conditional approval. The expiration of an approved or conditionally approved lot line adjustment shall terminate all proceedings and no certificate of compliance recognizing the lot lines described in said lot line adjustment shall be recorded without first processing a new lot line adjustment application. Upon application by the applicant, filed prior to the expiration of the approved or conditionally approved lot line adjustment, the time at which the lot line adjustment expires may be extended by the subdivision review board for a period or periods not exceeding a total of one year.

(g) Approvals within the coastal zone. For lot line adjustment applications located within the coastal zone that are appealable to the coastal commission, approval shall not be final until either all appeal periods have expired and no appeal has been filed, or the coastal commission has approved the applications.

(Ord. 3000 §§ 2, 3, 2003; Ord. 2943 § 3, 2001: Ord. 2636 §§ 9, 10, 1993: Ord. 2602 §§ 6, 7, 1993; Ord. 2582 §§ 5, 6, 1992; Ord. 2581 § 5, 1992: Ord. 2343 §§ 6—8, 1988; Ord. 2070 § 3, 1981: Ord. 1986 § 2 (part), 1979)

(Ord. No. 3363, § 2, 4-3-2018)

A tentative map shall be accurately drawn to scale showing the property to be divided, and shall be submitted to the county planning department. The planning department may require that the tentative map be drawn by a registered civil engineer or licensed land surveyor.

(Ord. 2636 § 11, 1993; Ord. 2581 § 6, 1992: Ord. 1986 § 2 (part), 1979)

(a) Authority. Urban lot splits are authorized in accordance with California Government Code Section 66411.7 (General Provisions for Urban Lot Splits).

(b) Applicable Standards. Urban lot splits are subject to all provisions of this title and all public health and safety regulations (including, but not limited to, fire, drainage, flood control, wastewater, and water supply regulations) applicable to parcel maps unless otherwise specified in this section.

(1) Onsite Wastewater Treatment Systems. Urban lot splits for parcels served by onsite wastewater treatment systems shall comply with the minimum parcel size requirements in the San Luis Obispo County Local Agency Management Program (LAMP) and Title 19.

(2) Exception. No objective land use standards, objective subdivision standards, and objective design review standards shall be applied that would have the effect of physically precluding the construction of two primary dwellings on either of the resulting parcels of a urban lot split or that would result in a primary dwelling size of less than eight hundred square feet in floor area unless the dwellings and/or lot configuration do not meet public health and safety regulations.

(c) Application Contents. In addition to the general requirements of Section 21.02.048, the application for an urban lot split shall include the following:

(1) Checklist. Pre-screen checklist completed by the applicant, indicating the proposed urban lot split adheres to this section and applicable public health and safety regulations in accordance with subsection (b).

(2) Site Layout Plan. Site layout plan for the proposed buildout of the resulting parcels, including the primary dwelling (anticipated location if not already existing) and existing or anticipated accessory dwellings (Section 22.30.470) or urban dwellings (Section 22.30.471), and containing all of the following:

a. Site Location and Dimensions. Location, exterior boundaries, and dimensions of the entire site that is the subject of the application; scale of the drawing; and a north arrow.

b. Road Access and Street Improvements. Location, name, width, and type of surfacing of adjacent street(s) or alleys. Location of existing or proposed curbs, gutter and sidewalk improvements, if any; evidence documenting that the site has legal access to a public road and has or will be provided adequate all-weather physical access with completion of the proposed development.

c. Buildings and Structures. Location, dimensions, and use of all existing and proposed structures on the property, including residences, accessory structures, decks, balconies, fences, walls, and other structural elements that protrude into yard areas (when the use of a proposed structure is not certain at the time of application, the occupancy-type as defined by the California Building Standards Code may be substituted for use); height of buildings and structures; elevations (relative height) from the finish floor of the garage or other parking area to the edge of the pavement or road at the driveway entrance.

d. Easements. Location, dimensions, and purpose of all recorded easements on the property, including, but not limited to, utility, drainage and access easements.

e. Utilities. Location, dimensions, and type of proposed water supply and sewage disposal facilities or connections.

f. Site Improvements. Location and dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials; and identification of any driveway grades over ten percent. Location and dimensions of areas proposed for grading and site disturbance.

g. Landforms. The generalized location of any major topographic or man-made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas.

(d) Ministerial Review. The tentative and final decision (approval or denial) of parcel maps for urban lot splits are ministerial actions. No public hearing is required. Therefore, the following subsections do not apply to urban lot splits:

(1) Section 21.02.042 parts b and c.

(2) Section 21.02.048(a) parts 5 (Public Hearing Notice), 8 (Agricultural Viability Report), and 9 (Environmental Information).

The final parcel map for an urban lot split requires County Surveyor and planning director (or designee) approval prior to recordation by the planning department.

(e) Review Timeline. Once an urban lot split application has been deemed complete, the planning department shall approve or deny the application within sixty calendar days. If the application is denied, the planning department shall provide a list of deficiencies and how such deficiencies may be remedied, as applicable.

(f) Denial. Urban lot splits may be denied if the building official or authorized agent makes a written finding, based on substantial evidence, that the proposed project would have a specific, adverse (significant, quantifiable, direct, and unavoidable) impact upon public health and safety that cannot be feasibly mitigated or avoided, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete (such as, but not limited to, failure to meet fire, access, drainage, flood control, wastewater, and water supply standards).

(g) Eligibility. Urban lot splits shall only be approved if all of the following requirements are satisfied:

(1) Lot Area. An existing legal parcel is to be subdivided to create two new parcels of approximately equal lot area, such that one of the new parcels shall not be smaller than forty percent of the lot area of the original parcel proposed for subdivision. Both new parcels shall have a minimum lot area of one thousand two hundred square feet. For parcels served by onsite wastewater treatment systems, the minimum lot area shall comply with the LAMP and Title 19.

(2) No Previous Urban Lot Split. The parcel being subdivided has not been established through an urban lot split. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.

(3) Eligible Areas. The parcel being subdivided meets all of the following criteria:

a. Designated as a Single-Family Residential Land Use Category - Residential Rural, Residential Suburban, or Residential Single-Family.

b. Within an urbanized area or urban cluster, as designated by the United States Census Bureau's 2010 Census or 2020 Census; or within an Urban Reserve Line.

c. Outside the Coastal Zone.

d. Not located on prime farmland or farmland of statewide importance per maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation.

e. Not designated as wetlands, as defined by the United States Fish and Wildlife Service Manual.

f. Not designated as a hazardous waste site.

g. Located outside 100-year flood hazard areas and floodways, as defined by Federal Emergency Management Agency official maps and areas subject to flooding as determined by the director of public works.

h. Not subject to a natural community conservation plan, containing habitat for protected species, or under conservation easement.

i. Not located within a historic district, included in the State Historic Resources Inventory, or within a site listed as a County landmark or historic property.

j. Has legal access.

k. Unless served by community sewer, not located within a Regional Water Quality Control Board Prohibition Zone for new or expanded onsite wastewater treatment systems.

l. If served by onsite wastewater treatment system(s), complies with the LAMP and Title 19.

(4) Eligible Demolition and Alteration of Existing Residences. The proposed subdivision would not require demolition or alteration of deed-restricted affordable housing rented or sold to very low-, low-, or moderate-income tenants; units subject to Title 25 (Mobilehome Rent Stabilization); or housing that has been occupied by a tenant in the last three years.

(h) Setbacks. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure (replacement structure) except as required by public health and safety standards in accordance with subsection (b). Legal and physical access shall be provided when none exist, pursuant to the Subdivision Map Act and Section 22.52.020. For parcels served by onsite wastewater treatment systems, setbacks shall be in accordance with the LAMP and Title 19.

(i) Rights-of-Way and Offsite Improvements. Dedications of rights-of-way or the construction of offsite improvements for the parcels being created shall not be required as a condition of approval for urban lot split parcel maps, except as required by public health and safety regulations in accordance with subsection (b).

(j) Nonconforming Conditions. The correction of nonconforming zoning conditions shall not be required as condition of approval for urban lot splits except as required by an existing condition of a previous entitlement (such as certificate of compliance) or by public health and safety regulations in accordance with subsection (b). For parcels served by onsite wastewater treatment systems, the density requirements of the LAMP and Title 19 apply.

(k) Limitation of Use. Prior to recordation of the final parcel map, agreements shall be signed, notarized, and recorded to run with the property and two dwelling units inclusive of primary dwellings and accessory dwellings, and remain in effect in perpetuity (1) limiting the resulting parcels to residential uses and (2) limiting the rental of any dwelling unit created after an urban lot split to a term longer than thirty days. Only an existing residential unit, or the first residential unit constructed following approval of a parcel map in accordance with an urban lot split shall be exempt from this rental restriction.

(l) Owner Occupancy. The property owner shall sign an affidavit stating they intend to occupy one of the primary dwellings on one of the resulting parcels as their principal residence (1) for a minimum of three years from the final parcel map recordation date for the urban lot split or (2) for a minimum of three years from the date the first dwelling unit permit is finalized if there are no existing residences at the time of final parcel map recordation, unless the owner is a community land trust or qualified non-profit corporation.

(m) Amendments to State Law. In the event California Government Code Section 66411.7 is amended to impose additional mandatory requirements on the approval of urban lot splits, those requirements shall be imposed without the need to amend this section.

(Ord. No. 3535, § 3, 6-3-25)

(a) A representative of the planning department, designated by the planning director, shall examine any such map upon presentation, and the planning department shall not accept such map as complete for processing pursuant to this title unless it is in full compliance with the law and this title as to form, the date, information, and other matters required to be shown thereon or furnished therewith.

(b) A tentative map shall not be considered filed with the planning department for purposes of commencing the time periods provided for in Government Code Sections 66452 through 66452.7, inclusive, until California Environmental Quality Act requirements, and county procedures implementing that Act, have been completed and the planning commission or subdivision review board, as the advisory agency, has determined that the project is exempt from the requirements of the California Environmental Quality Act, has adopted a negative declaration for the project, or has certified a final environmental impact report for the project in accordance with the provisions of the California Environmental Quality Act.

(c) This section shall not preclude the processing of an application to the planning commission or subdivision review board prior to completion of an environmental document required under the provisions of the California Environmental Quality Act, providing that process is initiated by the planning director based on noncompliance with county ordinances and regulations or to satisfy procedural requirements of state law or county ordinances and regulations.

(Ord. 2636 § 12, 1993; Ord. 2581 § 7, 1992: Ord. 1986 § 2 (part), 1979)

Fifteen prints of the tentative map shall be submitted by the applicant to the planning department. The size of each sheet shall be a minimum of eighteen by twenty-six inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale shall be large enough to show all details clearly. One copy of a reduction of the tentative map, on material measuring eight and one-half inches by eleven inches, shall also be submitted.

(Ord. 2636 § 13, 1993; Ord. 2581 § 9, 1992: Ord. 1986 § 2 (part), 1979)

(a) The tentative parcel map and tentative tract map shall contain the following information:

(1) Record Data. The boundary lines of the original parcel, with dimensions shown in feet, based on survey data or information of record, and area of the property shown in square feet or acres to the nearest tenth.

(2) Property Description. A description of the property as well as the assessor's parcel number(s) for the property.

(3) Legend and Owner Information. A north arrow and scale, the name and address of the record owner(s), and the name and address of the subdivider.

(4) Vicinity Map. A vicinity map on which shall be shown the general area including adjacent property, subdivisions and roads.

(5) Existing Structures. All existing structures, wells, septic tanks, driveways and other improvements located on the original parcel shall be accurately located, identified and drawn to scale. The distance between structures, the distance from existing structures to the boundary lines of the new parcel on which the structures are to be located, and the height of each structure shall be shown. Such distances shall be established by a registered civil engineer's or licensed land surveyor's survey when deemed necessary by the planning department.

(6) Contour Lines. Contour lines of the property shall be shown at intervals set forth below:

(7) Drainage. The approximate location of all watercourses, drainage channels and existing drainage structures.

(8) Landforms. The approximate location of other topographic or manmade features, such as bluff tops and ponds.

(9) Lakes and Ocean. Approximate high-water lines in lakes or reservoirs, and the mean high tide line of the ocean.

(10) Flood Hazard. The location of all areas subject to inundation or stormwater overflow.

(11) Proposed Parcel Lines. The proposed division lines with dimensions in feet and the gross and net area of each parcel created by such division in square feet or acres to the nearest tenth. Also, each parcel created shall be designated on the tentative map by number.

(12) Designated Building Sites. Any designated building sites proposed by the applicant to minimize grading, tree removal, and other potential adverse impacts, or any areas proposed for exclusion from construction activities, shall be shown on the tentative map for proposed parcels greater than ten thousand square feet. Also, any details on proposed building setback lines and widths of sideyards shall be shown on the tentative map.

(13) Streets. The locations, names, county road numbers and widths of all adjoining and contiguous highways, streets and ways.

(14) Easements. The locations, purpose and width of all existing and proposed easements, streets (with proposed names) and appurtenant utilities.

(15) Coastal Zone. For tentative maps for properties located within the coastal zone between the sea and the first public road paralleling the sea, show the location of the public accessways nearest to the subject site.

(Ord. 2636 § 14, 1993; Ord. 2582 § 7, 1993; Ord. 2581 § 10, 1992: Ord. 2343 §§ 9, 10, 1988; Ord. 1986 § 2 (part), 1979)

(a) When submitted to the planning department, the tentative parcel or tract map shall be accompanied by a completed application plus fifteen copies on the form prepared by the planning department and shall contain all information, authorizations and signatures required by the planning department including, but not limited to, the following information:

(1) Reduction of Tentative Map. A copy of a reduction of the tentative map as required by Section 21.02.044 of this title.

(2) Preliminary Title Report. Two copies of a preliminary title report concerning the property which is not more than six months old showing current property owners.

(3) Consent of Owner. If the applicant does not submit evidence as being an owner of the property, an executed consent of owner shall be submitted on a form provided by the planning department authorizing the processing of the application.

(4) Right of Entry. A right of entry signed by the property owner or authorized agent permitting entry of county employees on the proposed subdivision property for purposes of viewing and inspecting the property during the subdivision review process.

(5) Public Hearing Notice.

a. Names and addresses of all record owners within three hundred feet of the property being divided shall be submitted in the format required by the planning department;

b. In addition to the information required above, for tentative maps for properties located within the coastal zone, include two copies of a list of names and addresses of all residents and property owners within one hundred feet of the exterior boundaries of the parcel. The names and addresses shall be typed on gummed labels and submitted to the planning department.

(6) Existing Use. Existing use or uses of the property.

(7) Soils Report.

a. A preliminary soils report prepared by a geotechnical engineer or a qualified registered civil engineer is required for all tentative tract maps. Upon receipt of a written request, this provision may be waived if the county engineer determines that because of previous knowledge as to soils qualities within the division, no preliminary analysis is necessary;

b. A preliminary soils report may be required for tentative parcel maps if the county engineer determines that such information is necessary for adequate review of the application.

(8) Agricultural Viability Report. Tentative maps for properties located within the agriculture land use category within the coastal zone shall also include the information required by Section 23.04.024 of Title 23 of this code.

(9) Environmental Information. The following information shall be submitted if required by the planning director in addition to the other requirements of this title and Title 22 or Title 23 of this code prior to acceptance of the application as complete. If the applicant volunteers to prepare and complete an environmental impact report pursuant to the requirements of the California Environmental Quality Act, the additional information required by this section may be fulfilled as part of the environmental impact report prepared for the project.

a. Agricultural Buffers. Where there is an existing agricultural use taking place on adjacent parcels and the applicant proposes an agricultural buffer, such buffer shall be shown on the tentative map, and shall be incorporated into the site design or the lot configuration of the proposed subdivision.

b. Archeological Report. The applicant shall provide an archeological surface search prepared by a qualified individual approved by the environmental coordinator of the county.

c. Botanical Report. The applicant shall provide a botanical report prepared by a qualified individual approved by the environmental coordinator of the county.

d. Biological Report. The applicant shall provide a biological report prepared by a qualified individual approved by the environmental coordinator of the county.

e. Noise Study. Where required by the noise element or where the subdivision adjoins a potential noise generator, a noise study shall be prepared by a qualified individual approved by the environmental coordinator of the county.

f. Tree Inventory Plan. The applicant shall provide a tree inventory plan which locates all trees on the tentative map, their size and species and any proposed for removal. The plan shall also include proposals for replacement of trees to be removed and the planting of new trees. In areas where no trees are proposed for removal, the limits of the wooded area may be designated by the outline of the canopy.

g. Visual Analysis. For subdivisions along significant visual corridors, as identified in the open space element or the land use element of the general plan, a visual analysis shall be prepared by a qualified individual approved by the environmental coordinator of the county.

(10) Proposed Use. Proposed use of the property. If the property is proposed to be used for more than one purpose, the area, parcels or parcel proposed for each type of use shall be shown on the tentative map.

(11) Improvements Proposed. Statement of the improvements and public utilities proposed to be made or installed and of the time at which such improvements are proposed to be completed. Applications should be accepted as complete only if improvements proposed are, as a minimum, in conformity with the standard improvement specifications and drawings, unless the application is accompanied by an adjustment request pursuant to Section 21.03.020(d) of this title.

a. Drainage. Proposed plan for drainage, if applicable;

b. Water Supply. Provision for proposed water supply, including that required by Section 21.03.010(6) of this title;

c. Sewerage. Provision for sewerage and sewage disposal;

d. Public Areas. Public areas proposed;

e. Street Lighting. Type and location of street lighting proposed, if applicable.

(12) Preliminary Grading, Drainage and Erosion Control Plan. For a tentative map with proposed parcels of one acre or less in size or with proposed parcels with an average slope of greater than ten percent, a preliminary plan for grading, drainage and erosion control may be required to be submitted by the applicant if the planning director determines that such information is necessary for adequate review of the application.

(13) Public Services. Names and addresses of all public entities or utilities which will provide services to the subdivision.

(14) Restrictive Covenants. A copy of any restrictive covenants proposed.

(15) Justification. Justification and reason for any adjustments to the provisions of Section 21.03.010 or the standard improvement specifications and drawings that are requested pursuant to Section 21.03.020 of this title. This justification includes any request for common open space credit in lieu of Quimby fees pursuant to Section 21.09.020.

(16) Other Information. Any additional information required by the list(s) maintained by the planning department, prepared under Government Code Section 65940, which specify in detail information required to be submitted prior to the determination by the planning department that an application is complete.

(Ord. 2636 §§ 15, 16, 1993: Ord. 2602 §§ 8, 9, 1993; Ord. 2582 § 8, 1992; Ord. 2581 § 11, 1992: Ord. 2343 §§ 11, 12, 1988; Ord. 1986 § 2 (part), 1979)

(Ord. No. 3281, § 1, 12-16-14)

(a) Condominium Application Materials. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the names and addresses of each tenant of the subject property shall be submitted by the divider in the format required by the planning department in conformance with Government Code Section 66451.3. In addition, documents required by Government Code Sections 66427.4, 66427.5, 65863.7, 66452.8, and 66452.9 shall also be submitted.

(b) Application materials for conversion of a rental mobilehome park to resident ownership.

(1) Applicability. The following provisions shall apply to all conversions of rental mobilehome parks to resident ownership except those conversions for which mapping requirements have been waived pursuant to Government Code Section 66428.1.

(2) Definition. "Mobilehome park conversion to resident ownership" means the conversion of a mobilehome park composed of rental spaces to a condominium or common interest development, as described in and/or regulated by Government Code Sections 66427.5 and/or 66428.1.

(3) Application Materials Required. In addition to any other information required by this code and/or other applicable law, the following information is required at the time of filing of an application for conversion of a mobilehome park to resident ownership:

a. Survey of support. A survey of support shall be submitted that documents the amount of residential support for the proposed subdivision. The survey shall be conducted in compliance with Government Code Section 66427.5(d).

A resident household consists of household member(s) who live in the mobilehome park for two hundred seventy days or more in any twelve-month period, and whose residential address in the mobilehome park can be verified as one that meets at least half of the following criteria:

1. Address where registered to vote;

2. Home address on file at place of employment or business;

3. Home address on file at dependents' primary or secondary school;

4. Not receiving a homeowner's exemption for another property or mobilehome in this state nor having a principal residence in another state;

5. DMV license address;

6. Mailing address;

7. Vehicle insurance address;

8. Home address on file with bank account;

9. Home address on file with IRS;

10. Home address on file with local club/association membership.

b. Conversion impact report. A report on the impact of the proposed conversion on residents of the mobilehome park, in compliance with subdivision (b) of Government Code Section 66427.5 The subdivider shall demonstrate that the information contained in the conversion impact report is available to residents at least fifteen days prior to conduct of the survey of support required by subsection (b)(3)(i) above. The conversion impact report shall, at a minimum, include all of the following:

1. Identification of the anticipated method and timetable for compliance with Government Code Section 66427.5(a), and identification of the number of existing resident households expected to purchase their subdivided units within the first four years after conversion.

2. A statement detailing the survey of support requirement under Government Code 66427.5 (d) and the use of the survey results by the San Luis Obispo County Review Authority.

3. A statement specifying the method by which the sales prices of subdivided units will be established, and the specifications of a range of purchase prices that will be applicable to the subdivided units in the mobilehome park, including, but not limited to, the inclusion of any inflation adjustment formula to be utilized.

4. Identification of the method and anticipated time table for determining the rents for non-purchasing residents pursuant to Government Code Section 66427.5 (f)(1), and identification of the number of resident households likely to be subject to these provisions. This subsection applies to non-purchasing residents who are not lower income households.

5. Identification of the method for determining and enforcing the controlled rents for non-purchasing households pursuant to Government Code Section 66427.5(f)(2), and identification of the number of resident households likely to be subject to these provisions. This subsection applies to non-purchasing residents who are lower income households.

6. A statement specifying the number of mobilehome spaces in the park and the rental rate history of each space over the four-year period prior to the filing of the application.

7. Analysis of the potential for non-purchasing residents to relocate their mobilehomes to other mobilehome parks within San Luis Obispo County.

8. An engineer's report on the type, size, current condition, adequacy, and remaining useful life of common facilities located within the park, including but not limited to water systems, sanitary sewer, fire protection, storm water, streets, lighting, pools, playgrounds, and community buildings. A pest report shall be included for all common buildings and structures. "Engineer" means a registered civil or structural engineer, or a licensed general engineering contractor.

9. If the useful life of any of the common facilities or infrastructure is less than thirty years, a statement of the cost of replacing such facilities over their useful life, and the subdivider's plan to provide funding for same.

10. An estimate of the annual overhead and operating costs of maintaining the park, its common areas and landscaping, including replacement costs as necessary, over the next thirty years, and the subdivider's plan to provide funding for same.

11. Name and address of each resident and household size.

12. An estimate of the number of residents in the park who are seniors or disabled. An explanation of how the estimate was derived must be included.

13. A maintenance inspection report demonstrating compliance with Title 25 of the California Code of Regulations ("Title 25 Report"). Proof of remediation of any Title 25 violations shall be confirmed in writing by the California Department of Housing and Community Development (HCD).

14. A statement describing any financial assistance that will be made available for residents who purchase their subdivided unit. The statement shall indicate that government assistance is granted only on a competitive basis and is limited to the current supply of available funds.

(4) Approval of a Mobilehome Park Conversion. The review authority shall use the standards and criteria of Section 21.06.040 when considering the approval of any conversion of a rental mobilehome park into a condominium or common interest development.

(Ord. 2636 § 17, 1993; Ord. 2581 § 12, 1992; Ord. 2070 § 4, 1981)

(Ord. No. 3173, § 1, 2-10-09)

Where maps are processed by the county under the provisions of this title, fees shall be set by ordinance of the board of supervisors.

(Ord. 2636 § 18, 1993; Ord. 2581 § 13, 1992: Ord. 1986 § 2 (part), 1979)

(a) Review of Applications. The planning department shall make written completeness determinations pursuant to Government Code Section 65943 for all applications received by the planning department under the provisions of this title.

(b) Appeal of Completeness Determination. If the application and the submitted materials are determined not to be complete pursuant to Government Code Section 65943(b), the applicant may appeal that determination to the board of supervisors by filing a written appeal with the planning department within fourteen days after the date of the written determination by the planning department. The board of supervisors shall make a final written determination on the appeal not later than sixty days after receipt by the planning department of the appeal in accordance with the provisions of Government Code Section 65943.

(Ord. 2636 § 19, 1993; Ord. 2581 § 15, 1992)

The subdivision review board is hereby established and created. The county director of planning and building, the county engineer, the county director of environmental health, the county environmental coordinator, and the county air pollution control officer shall constitute the regular members of the subdivision review board. These county and district officers may designate a staff member to serve in their place as a regular member and shall designate a staff member as an alternate member to serve and vote in place of any regular member who is absent or who disqualifies himself or herself from participating in a meeting of the subdivision review board. The county director of planning and building or designated staff member shall serve as chairman of the subdivision review board.

(Ord. 2636 § 20, 1993; Ord. 2581 § 16, 1992)

(a) The planning commission is designated the advisory agency authorized to approve, conditionally approve, or disapprove tentative tract maps. In addition, the planning commission is authorized to make decisions on adjustment requests for tentative tract maps filed under Section 21.03.020, time extension requests for tentative tract maps filed under Section 21.06.010, and modification requests for recorded final tract maps filed under Section 21.06.060.

(b) The subdivision review board is designated the advisory agency authorized to approve, conditionally approve, or disapprove tentative parcel maps, requests for the waiver of the filing of a parcel map as defined in Section 21.02.010(e), lot line adjustments as defined in Section 21.02.030, conditional certificates of compliance as defined in Section 21.02.020, and notices of violation as defined in Section 21.07.020. In addition, the subdivision review board is authorized to make decisions on adjustment requests for tentative parcel maps filed under Section 21.03.020, time extension requests for tentative parcel maps filed under Section 21.06.010, and modification requests for recorded parcel maps filed under Section 21.06.060.

(c) The subdivision review board, as the Review Authority, is authorized to approve, conditionally approve, or disapprove certain land use permit applications that are submitted and filed in conjunction with tentative parcel map applications pursuant to the provisions of Title 22 or Title 23 of this code.

(d) At the discretion of the planning director, any application for a project that may generate substantial public controversy or involve significant land use policy issues and for which review authority is granted to the subdivision review board pursuant to the provisions of Title 22 or Title 23 of this code, or this title, may be referred to the planning commission for review and decision in the same manner as a tentative tract map without the applicant being charged an additional application fee.

(Ord. 2943 § 4, 2001; Ord. 2636 §§ 21, 22, 1993: Ord. 2602 § 10, 1993; Ord. 2581 § 17, 1992: Ord. 2070 § 5, 1981: Ord. 1986 § 2 (part), 1979)

(Ord. No. 3223, § 1, 4-3-12)