San Luis Obispo Municipal Code Ch. 16.02 General Provisions

This chapter describes the authority, purpose, applicability, and other general provisions of these regulations.

A. The provisions of this title of the city of San Luis Obispo Municipal Code shall be known and cited as the “city of San Luis Obispo subdivision regulations” or “subdivision regulations.”

B. Nothing in this title shall be read to limit the right of the city, as a charter city, to enact additional provisions concerning the division of land as are deemed necessary to protect the public health, safety and general welfare.

C. Approval or conditional approval of a subdivision map shall not excuse applicants from meeting other applicable provisions of this code or other applicable ordinances, rules, regulations and policies adopted by the city.

D. When interpreting and applying subdivision regulations, all provisions shall be considered to be minimum requirements, unless specifically stated otherwise. (Ord. 1729 § 4 (Exh. A), 2023)

The subdivision regulations are adopted to supplement and implement the provisions of the Subdivision Map Act pertaining to the design, improvements and survey data of subdivisions, as a “local ordinance” as that term is used in that act. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under the subdivision regulations.

Additionally, the regulations codified in this title are adopted for the following purposes:

A. To protect and provide for the public health, safety and general welfare;

B. To guide the development of the city in accordance with the city of San Luis Obispo general plan and specific plans;

C. To ensure that real property, which is to be divided, can be used without danger to inhabitants or property due to fire, flood, soil instability, noise or other hazard;

D. To ensure that proper provision will be made for traffic circulation, public utilities, facilities, and other improvements within the subdivided land and within the city as a whole pursuant to the circulation element of the general plan;

E. To protect and enhance the value of land and improvements and to minimize conflicts among the uses of land and buildings;

F. To protect potential buyers and inhabitants by establishing standards of design, and by establishing procedures which ensure proper legal description and monumenting of subdivided land;

G. To protect the natural and cultural resources of the community, including topographic and geologic features, historic sites and structures, solar exposure, watercourses, wildlife habitats and scenic vistas, and to provide reasonable public access to such resources;

H. To enable innovations in subdivision procedures which facilitate development that will best reflect the capability of the land to support a desirable living environment. (Ord. 1729 § 4 (Exh. A), 2023)

No land shall be subdivided and developed for any purpose which is not in conformity with the general plan and any specific plan of the city or permitted by the zoning regulations or other applicable provisions of the municipal code. The type and intensity of land use as shown on the general plan shall determine the type of streets, roads, highways, utilities and public services that shall be provided by the subdivider. The subdivision regulations are an implementation tool for general plan policy. (Ord. 1729 § 4 (Exh. A), 2023)

These regulations shall apply to any division of land within the city and shall control the preparation, processing and approval of all tentative maps, vesting tentative, final maps, parcel maps, certificates of compliance, lot line adjustments, lot mergers and to other actions provided for by the Subdivision Map Act. Except as noted in this section, each subdivision and each part thereof lying within the city shall be made and each map shall be prepared and presented for approval as provided for and required by these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

A. Projects Not Subject to the Map Act or the Subdivision Regulations. Pursuant to Government Code Section 66412, the Subdivision Map Act and the subdivision regulations do not apply to the following:

1. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

2. Mineral, oil, or gas leases.

3. Land dedicated for cemetery purposes under the state Health and Safety Code.

4. The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

5. The construction, financing or leasing of second residential units pursuant to the zoning regulations.

6. Leasing for agricultural purposes, cultivation of food or fiber, and grazing or pasturing of livestock.

7. Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device which is subject to discretionary action by the city.

B. Projects Exempt From the Mapping Requirements. The following are generally subject to these subdivision regulations, but are exempt from the tentative, parcel and final map requirements of these subdivision regulations and the Subdivision Map Act pursuant to Government Code Section 66412:

1. A lot line adjustment between four or fewer existing adjoining parcels, where 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.

2. Any separate assessment under Section 2188.7 of the state Revenue and Taxation Code for community apartment or cooperative housing projects.

3. The conversion of a residential community apartment project or a stock cooperative to a condominium if the requirements of Sections 66412(g) and (h) of the Subdivision Map Act are met.

4. The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, when the project is subject to planned development or use permit approval pursuant to the zoning regulations. (Ord. 1729 § 4 (Exh. A), 2023)

A fee, established by resolution of the city council, is required for all applications and plan checks required or permitted by this title or the Subdivision Map Act. A list of application fees is available in the community development and public works departments. (Ord. 1729 § 4 (Exh. A), 2023)

Requests for withdrawal of tentative map subdivision applications shall be submitted in writing to the community development director. Refunds, if due, will be based on the amount of work completed at the time of withdrawal request. No refunds will be granted following publication of the first staff report for the applicable public hearing. Applications will be deemed inactive when the applicant has not responded within one hundred eighty days to submit any information required by staff to complete the application or any other needed information deemed necessary for environmental review. The applicant shall have the ability to otherwise demonstrate to the satisfaction of the director of community development that progress is being made toward compliance. The director shall determine when an application is in an “inactive status” and deemed to be withdrawn. (Ord. 1729 § 4 (Exh. A), 2023)

Any subdivision subject to annexation to the city shall comply with the Subdivision Map Act and city subdivision regulations. (Ord. 1729 § 4 (Exh. A), 2023)

These regulations are not intended to annul any other law or regulation. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation or law, whichever provisions are more restrictive or impose higher standards shall control. (Ord. 1729 § 4 (Exh. A), 2023)

These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction. Where the provisions of these regulations are more restrictive or impose higher standards, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

When any provisions of the Subdivision Map Act or of these regulations require the execution of any certificate or affidavit or the performance of any act of a person in his official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the city council. (Ord. 1729 § 4 (Exh. A), 2023)

The enactment of the subdivision regulations shall not terminate nor otherwise affect vested land use development permits, approvals, or agreements authorized under the provisions of any prior ordinance or resolution, nor shall violation of any prior ordinance or resolution be excused by the adoption of the subdivision regulations. (Ord. 1729 § 4 (Exh. A), 2023)

If any portion of the subdivision regulations is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, constitutionality, or enforceability of the remaining portions of this title. The council hereby declares that this chapter and each division, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this chapter may be declared invalid, unconstitutional, or unenforceable. (Ord. 1729 § 4 (Exh. A), 2023)