San Luis Obispo County Municipal Code Ch. 21.04 Action and Appeals

(a) The staff report and recommendations of the planning department shall be forwarded to the appropriate advisory agency for action thereon, with a copy to the applicant. The applicant shall be notified of the date upon which the advisory agency will consider approval, conditional approval or disapproval of the tentative parcel or tract map.

(b) A public hearing shall be conducted before the advisory agency. Notice of the public hearing shall be provided as follows:

(1) Publish notice of the time and place of the public hearing once in a newspaper of general circulation published and circulated within the County of San Luis Obispo at least ten days before the hearing; and

(2) Notify by mail the owners of property within three hundred feet of the exterior boundaries of the property covered by the tentative parcel or tract map. The notices shall be deposited in the United States mail with postage prepaid not less than ten days prior to the date of the hearing; and

(3) For applications on properties within the coastal zone, see Section 21.08.020 of this title for notice requirements.

(c) The application shall be placed upon the advisory agency's agenda, at which time the advisory agency shall consider the staff report of the planning department, and any other relevant evidence presented before the advisory agency.

(d) The advisory agency shall approve, conditionally approve or disapprove the tentative parcel or tract map and make written findings indicating the basis of the decision. The advisory agency shall make all findings and determinations required to be made pursuant to Sections 21.02.090 through 21.03.020 of this title.

(e) The staff report of the planning department shall in all cases be deemed incorporated as part of the record. Unless the advisory agency determines to the contrary, the recommended findings and conditions of the staff report of the planning department shall be the findings and conditions of the advisory agency.

(f) Where an application is for property within the coastal zone, the coastal commission shall be notified of the action pursuant to Section 21.08.032 of this title no more than seven days after final action on the application by the advisory agency.

(Ord. 2636 §§ 27, 28, 1993: Ord. 2582 §§ 11, 12, 1992; Ord. 2581 § 20, 1992: Ord. 2343 §§ 15, 16, 1988; Ord. 1986 § 2 (part), 1979)

(a) Appeals shall be heard by the board of supervisors.

(b) As used herein, the term "aggrieved person" means the same as an "interested person adversely affected" as used in Government Code Section 66452.5.

(c) Within fourteen days after action, the subdivider may appeal from any action of the planning director to the board of supervisors. Appeals to the board of supervisors shall be submitted in writing to the clerk of the board of supervisors, with a copy submitted to the planning department. Said appeals shall reference the tentative map number and shall state fully the nature and extent of the appeal and the reasons why it is taken. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a), (b), and (e), and subsection (f) of this section.

(d) Any aggrieved person affected by a decision of the advisory agency may file a complaint on a form to be provided by the county planning department with the clerk of the board of supervisors concerning such decision. A copy of the complaint shall be filed with the planning department. Any such complaint shall be filed with the clerk of the board and the planning department within fourteen days after the action which is the subject of the complaint. Such hearing on the complaint shall be conducted in the manner provided by Government Code Section 66452.5(d) and (e), and subsection (f) of this section.

(e) Any aggrieved person may appeal any decision of the advisory agency relative to the provisions of Government Code Sections 66473.5, 66474.1 and 66474.6 to the board of supervisors. Such appeal and the hearing thereon shall be conducted in the manner provided by Government Code Section 66452.5(a), (b), and (e), and subsection (f) of this section.

(f) Whenever a public hearing is held pursuant to this section, it shall be conducted as required by Government Code Section 66451.3. Notice of the time and place thereof and a general description of the location of the proposed subdivision shall be given at least ten days before the hearing by publication once in a newspaper of general circulation and published and circulated in the County of San Luis Obispo. Any interested person may appear at such hearing and shall be heard.

(Ord. 2636 § 29, 1993; Ord. 2581 § 21, 1992)

(a) Tentative map applications deemed approved pursuant to Section 65956 of the Government Code or Article 2, Chapter 3 of the Subdivision Map Act, Government Code Sections 66452, et seq., shall be subject to all of the following mandatory requirements for design and improvement:

(1) Private easements shall not serve as access to any of the proposed parcels;

(2) The area, dimensions or frontage of each parcel shall be such as to allow for the future widening, extension or opening of any street or alley established by specific plans, specific plan lines, or where the projected ultimate right-of-way lines are determinable from existing development;

(3) None of the proposed parcels shall be divided by the boundary line of a city, county, school district or special taxing district;

(4) Other than corner parcels, parcels which abut roads and have a depth of less than two hundred forty feet and are double-frontage parcels are prohibited, except where ingress and egress to and from one of the roads is prohibited by law;

(5) The size and shape of the proposed parcels shall be in conformance with any zoning regulations and general plan provisions effective in the area of the proposed division and shall not be less than sixty feet in width at the front yard setback nor less than eight feet in depth. In no case shall the average depth of the parcel be greater than three times the average width of the parcel.

(b) Said tentative map applications shall be deemed conditionally approved subject to the mandatory requirements of Sections 21.05.040, 21.05.045, 21.05.050, 21.05.055 of this title, and no building permits or other land use entitlements shall be issued until all of said conditions are satisfied.

(c) Maps filed for record subsequent to the automatic approval of the tentative map therefor shall remain subject to all the mandatory requirements of this title and the Subdivision Map Act, including, but not limited to Government Code Sections 66473, 66473.5, and 66474.

(d) When an application is for property within the coastal zone, notice to the applicant and the coastal commission shall also be provided pursuant to Section 21.08.032 of this title.

(Ord. 2636 §§ 30, 31, 1993: Ord. 2343 § 17, 1988; Ord. 1986 § 2 (part), 1979)

Unless waived by the board of supervisors, any application received and processed under the provisions of this title shall be deemed withdrawn and henceforth null and void if the applicant has not commended further processing of the application with the county within the later occurring of the following two time periods:

(1) Ninety days from the last written notification to the applicant from the county requesting further information from or action by the applicant and to which the applicant has not responded; or

(2) Six months from the date of the last subdivision review board, planning commission or board of supervisors' action regarding the application which did not constitute a final county determination regarding the entire application.

(Ord. 2636 § 32, 1993; Ord. 1986 § 2 (part), 1979)

(a) Compliance with this title is a condition precedent to the issuance of a building permit or land use permit by any person authorized to issue such permits in the unincorporated territory of the county.

(b) This title shall be deemed complied with if the parcel map or tract map is in substantial compliance with the conditions of approval of the tentative parcel map or tentative tract map approved by the subdivision review board or planning commission and the parcel map or tract map satisfies the requirements of Section 21.03.010 of this title.

(Ord. 2636 §§ 33, 34, 1993: Ord. 2158 § 22, 1992: Ord. 1986 § 2 (part), 1979)

Any conveyance or contract to convey made contrary to the provisions of this title is voidable to the extent and in the same manner provided in Section 66499.32 of the Government Code of the State of California.

(Ord. 2636 § 35, 1993; Ord. 1986 § 2 (part), 1979)