San Luis Obispo Municipal Code Ch. 16.04 Review Authority

This chapter describes the duties and responsibilities of those authorized to review and act on subdivisions governed by these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

Subdivision applications subject to discretionary review that also include an associated development review entitlement shall be reviewed concurrently, consistent with review procedures identified in zoning regulations Chapter 17.106 and subdivision regulations Sections 16.04.010 through 16.04.070. Multiple applications for the same project shall be processed concurrently and shall be reviewed and acted upon by the highest review authority designated by the subdivision regulations or zoning regulations for any of the applications. For example, a project for which applications for major development review project and a tentative parcel map are filed shall have both applications decided by the planning commission, instead of the director being the final decision-making authority for the tentative parcel map application. (Ord. 1729 § 4 (Exh. A), 2023)

A. The city council shall review and have final authority to approve, conditionally approve or deny:

1. Subdivision applications that result in or include concurrent review of any legislative action.

2. Subdivision improvement agreements, and the acceptance by the city of lands and/or improvements as may be proposed for dedication in conjunction with final maps.

3. Right-of-way abandonment.

4. Condominium conversion approvals.

5. Approval of final maps pursuant to Section 16.14.090.

B. Any appeals of action taken by the planning commission on subdivisions governed by these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

A. The planning commission shall review and make recommendations for approval, conditional approval or denial to city council on:

1. Tentative map applications (tentative parcel maps and tentative tract maps) that also include concurrent processing of a rezoning, an amendment to the zoning regulations or the general plan, or any other legislative action.

2. Condominium conversion requests.

3. Any subdivision application which includes final review authority by the city council, as identified in Section 16.04.010 (City council).

B. The planning commission shall review and have the final review authority to approve, conditionally approve, or deny:

1. Tentative map applications (tentative parcel and tentative tract map) where the planning commission is the final review authority for related development review entitlements consistent with the zoning regulations (Section 17.102.020(E), Multiple Permit Applications.)

2. Tentative map applications (tentative parcel and tentative tract map) with requested exceptions to subdivision standards, providing they are not in conjunction with items requiring council approval as listed in Section 16.04.010.

3. Appeals of actions taken by the community development director governed by these regulations. (Ord. 1729 § 4 (Exh. A), 2023)

A. The community development director (hereinafter, “the director”) (or designee) shall review and have the authority to act on:

1. Tentative parcel maps submitted concurrent with projects subject to the minor and moderate levels of review described in zoning regulations Section 17.106.030(B) and (C) which are not in conjunction with a rezoning, an amendment to either the zoning regulations or the general plan, residential condominium conversion, or any other legislative action and which do not require planning commission or city council approval.

2. Tentative parcel maps for projects which have already obtained development review approval, and which have already obtained or do not require condominium conversion approval and do not require final map approval per Section 16.08.050.

3. Parcel maps.

4. Lot line adjustments (Section 16.08.030).

5. Lot combinations (voluntary mergers—Section 16.08.020).

6. Certificates of compliance and conditional certificates of compliance (Section 16.08.010).

7. Commercial condominium conversions together with a tentative map for projects eligible to record a parcel rather than a final map, pursuant to Section 16.08.050 and Section 66426(c) of the Subdivision Map Act.

8. Parcel map waivers (Section 16.08.090).

9. Time extension requests for filing parcel or final maps (Section 16.10.135).

10. Minor amendments to tentative maps (see Section 16.10.140).

11. Urban lot splits (Chapter 16.15).

B. The director shall be responsible for responding to any notice of violation pursuant to Section 66499.36 of the Subdivision Map Act.

C. The director may appoint a subdivision hearing officer to act on any or all of the subdivision projects within the purview of the director as authorized by these subdivision regulations.

D. The director, at his or her sole discretion, may refer subdivision projects within the purview of the director to the planning commission or city council for action.

E. Review of substantial compliance with approved or conditionally approved tentative maps and certification of such by signature on the corresponding parcel map or, upon approval by the city council, final maps to be filed with the county recorder. (Ord. 1729 § 4 (Exh. A), 2023)

A. The city’s public works director (or designee of) shall be responsible for:

1. Developing public improvement design standards and construction details and specifications for subdivision improvements, consistent with land use development and conservation goals stated in the general plan and all implementing ordinances and guideline documents.

2. Reviewing all subdivision projects to determine if proposed subdivision improvements comply with the provisions of these and other city regulations and with the Subdivision Map Act.

3. Recommend to the community development director on whether to certify parcel and final maps, and reversion to acreage maps.

4. Inspection and approval or rejection of subdivision improvements.

5. Recording notices of completion of private subdivision improvements that are not to be maintained by the city.

6. Coordinating the filing of all maps and associated documents and exhibits with the county recorder.

B. The city public works director (or designee of) shall make recommendations to accept, accept subject to improvement, or reject lands and/or improvements as may be proposed for dedication to the city for minor subdivisions, and shall so certify by signature on the parcel map. (Ord. 1729 § 4 (Exh. A), 2023)

The city attorney shall be responsible for approving as to form all subdivision improvement agreements, easements, and offers of dedication. The city attorney shall also review and approve as to form any notice of violation before it is forwarded to the county recorder. (Ord. 1729 § 4 (Exh. A), 2023)

The city clerk shall certify actions taken by the city council by signature on: (A) all resolutions approving subdivisions acted on by the city council; and (B) the title sheet of the parcel or final maps. (Ord. 1729 § 4 (Exh. A), 2023)

The county recorder is responsible for entering all maps and documents to be recorded into the official public record. The date of recordation is the date on which a subdivision is established for purposes of these regulations. The recorder certifies maps as acceptable for recordation by signature on the title sheet of the parcel or final map. (Ord. 1729 § 4 (Exh. A), 2023)