San Luis Obispo Municipal Code Ch. 16.10 Tentative Maps

This chapter describes tentative map application requirements, review procedures, and required findings for approval or denial. The term “tentative” or “vesting tentative” map is inclusive of tentative parcel maps and tentative tract maps. Tentative maps are maps initially reviewed for either a “final parcel” or “final tract” map subdivision. See Chapter 16.12 for additional review requirements that apply to vesting tentative maps. (Ord. 1729 § 4 (Exh. A), 2023)

The subdivider shall provide the community development department with a completed application form and all required application checklist items on file in the community development department for either a tentative parcel map or tentative tract map submittal. (Ord. 1729 § 4 (Exh. A), 2023)

Unless exempted by the community development director, the tentative map shall be prepared by, or under the direction of, a licensed land surveyor or a state-registered civil engineer authorized to practice land surveying. The map submittal shall include all necessary information on the applicable tentative parcel map, tentative tract map, or vesting tentative map application checklists, and all required submittal information for any related concurrent entitlement reviews. (Ord. 1729 § 4 (Exh. A), 2023)

A. Application Acceptance. The tentative map shall be considered for filing only when the map conforms to Section 16.10.020 and when all accompanying data or reports have been submitted and accepted by the community development department.

B. Determination of Complete Application. Pursuant to Government Code Section 65943, the community development department shall determine whether the application is complete within thirty days after receipt of the application. If the application is not complete, the community development department will notify the applicant of its determination (including a list of items needed for a complete application) in writing. (Ord. 1729 § 4 (Exh. A), 2023)

A. The advisory or legislative body shall review the proposed tentative map within the time limits specified by applicable provisions of the California Environmental Quality Act (CEQA), Section 21151.5, and the Subdivision Map Act, Sections 66452.1 and 66452.2 (or as those sections may subsequently be amended), as follows:

1. If an environmental impact report (EIR) is required, the EIR shall be adopted within one year of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

2. If a negative declaration is required, the negative declaration shall be adopted within one hundred five days of the project application being accepted as complete, subject to such limited extension as permitted by the Subdivision Map Act.

3. The director or planning commission shall hold a public hearing on the project within fifty days of the adoption of the environmental document.

Note: Subsections (A)(1) and (3) or (A)(2) and (3) of this section may be accomplished concurrently.

B. 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 advisory agency or legislative body required to report or act, pursuant to Subdivision Map Act Section 66451.1. To do so, the subdivider must expressly waive, in writing or in the record at a public hearing, his or her right to have the map considered without those time limits. (Ord. 1729 § 4 (Exh. A), 2023)

A. Environmental Impact Analysis. After determination that a tentative map application is complete, the community development department shall comply with the provisions of the California Environmental Quality Act (CEQA) in accordance with the time periods specified in subsection B of this section. The subdivider shall submit such data and information, as required by the director, to allow a determination on environmental review to be made in compliance with CEQA.

B. Time Period for Review. Consistent with Public Resources Code Section 21151.5 and subject to extension by mutual consent of the subdivider and the city:

1. If an environmental impact report (EIR) is required, the EIR shall be adopted within one year of the project application being accepted as complete.

C. If a negative declaration is required, the negative declaration shall be adopted within one hundred five days of the project application being accepted as complete.

D. Significant Natural Resources. Whenever a proposed subdivision contains significant natural resources (as defined by environmental assessment or local, state or federal designation), a plan for their protection and management shall be required as a condition of approval of the tentative map. Said plan shall be submitted for review and shall be approved prior to recordation of the final map or parcel map.

E. Sensitive Sites. Whenever a proposed subdivision contains unique areas of citywide significance, such as creeks, hillsides, wetlands, or other significant natural features, the dedication of said area to the public or some other assurance, as approved by the director and city attorney, for future protection may be required as a condition of approval.

F. Historic and Cultural Resources. Whenever a proposed subdivision contains archaeological artifacts, or historic or cultural resources pursuant to CEQA, a plan for the protection, restoration (if necessary), and management of said resource shall be required as a condition of approval of the tentative map. Such plan shall be submitted for review and shall be approved prior to recordation of the final subdivision map. (Ord. 1729 § 4 (Exh. A), 2023)

A. At least ten calendar days before the public hearing, a notice shall be given in the following manner:

1. Publication, at least once, in a newspaper of general circulation published and circulated in the city;

2. First class mail to:

a. The applicant;

b. All owners and occupants of property shown on the latest county assessment roll as being located within three hundred feet of the subject property;

c. Owners of other property and local agencies expected to provide essential facilities or services pursuant to Section 66451.4 of the Government Code;

d. In the case of a proposed conversion of residential real property to a condominium, community apartment or stock cooperative project, to each tenant of the subject property as required by Section 66451.3(b) of the Government Code;

3. In addition, notice shall be given by first class mail to any person who has filed a written request with the secretary of the planning commission. The request may be submitted at any time during the calendar year and shall apply for the balance of the calendar year. The city may impose a reasonable fee on persons requesting the notice for the purpose of recovering the cost of the mailing;

4. Posting a notice at each street frontage describing the proposed subdivision, applicant, hearing action date and contact information.

Note: Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the article.

B. Public Agency Notification. The community development department shall forward copies of the tentative map to the affected public agencies which may, in turn, forward to the community development department their findings and recommendations. Public agencies and utilities shall state that the subdivision can be adequately served.

C. School District Notification. Within five days after the tentative map application is determined to be complete, the community development department shall send a notice of the filing of the tentative map to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. The notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district. The school district may review the notice and may send a written report to the planning commission. The report shall indicate the impact of the proposed subdivision on the affected school district and shall make recommendations as the governing board of the district deems appropriate. In the event the school district fails to respond within a fifteen-day period from receipt of notice of the tentative map, the failure shall be deemed approval of the proposed subdivision by the school district. The planning commission shall consider the report from the school district in approving, conditionally approving or denying the tentative map. (Ord. 1729 § 4 (Exh. A), 2023)

Any staff report or recommendation on a tentative map shall be in writing and a copy shall be made available to the subdivider or applicant at least three days prior to any hearing or action on such map. (Ord. 1729 § 4 (Exh. A), 2023)

A. The director, planning commission or city council shall hold a public hearing and approve, conditionally approve or disapprove the tentative map in writing, within the time frames established by Government Code Sections 66452.1 and 66452.2, which action shall then be reported to the subdivider or applicant in writing.

B. In addition, except for applications with a concurrent legislative action, the director, planning commission or city council, as applicable pursuant to Chapter 16.04, shall approve, conditionally approve, or deny the tentative map application within the time frames set forth by the Permit Streamlining Act, including Government Code Sections 65950, 65950.1, 65951, and 65952.

C. The approval, conditional approval, or denial shall be based on the ordinances, policies, and standards in effect on the date of notification to the subdivider of the determination that the application is complete. If the city has initiated formal proceedings and published notice of an ordinance or resolution amending ordinances, policies, and standards applicable to the subdivider’s project prior to a complete application, the amended ordinances, policies, and standards in effect on the date of tentative map approval shall apply. If the subdivider requests changes in applicable ordinances, policies, and standards, and if they are adopted, the changes shall apply. (Ord. 1729 § 4 (Exh. A), 2023)

The time limits set forth above for acting on the tentative map may be extended by mutual consent of the subdivider and the hearing officer, planning commission or the city council, pursuant to Subdivision Map Act Section 66451.1 and Public Resources Code Section 21151.5. To do so, the subdivider must expressly agree, in writing or in the record at a public hearing, to the extension of time. Notwithstanding the foregoing, pursuant to Government Code Section 65957, the time limit in Section 16.10.080(B) may only be extended upon mutual written agreement of the applicant and the city once for a period not to exceed ninety days from the date of the extension. (Ord. 1729 § 4 (Exh. A), 2023)

Prior to consideration of a tentative map by the director or planning commission, a revised tentative map may be submitted for consideration. Significant changes may require additional fees and/or a new application. Changes required by the city shall not be considered map revisions. (Ord. 1729 § 4 (Exh. A), 2023)

No tentative map shall be approved unless the hearing body makes all of the following findings:

A. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan, including compatibility with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan (Subdivision Map Act, Government Code Section 66473.5).

B. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision (Subdivision Map Act, Government Code Section 66473.1).

C. That the site is physically suitable for the proposed type of development.

D. That the site is physically suitable for the proposed density of development.

E. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat or an environmental impact report was prepared with respect to the project and a finding is made pursuant to Section 21081(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures and project alternatives are identified in the environmental impact report.

F. That the design of the proposed subdivision or the type of proposed improvements is not likely to cause serious public health or safety problems.

G. That the design of the proposed subdivision or the type of proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision or with public access to public resources as defined and regulated by Section 66478.1 et seq. of the Government Code. The director or city council may approve a tentative map if alternate easements, for access or for use, will be provided, and these will be substantially equivalent to the ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the city to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

H. The effect of its action on the housing needs of the region has been considered and balanced those needs against the public service needs of its residents and available fiscal and environmental resources with favorable results pursuant to Section 66412.3 of the Government Code.

I. Whether or not such a condition is explicitly listed as a condition of approval, every approved tentative map shall be deemed to include a condition requiring the subdivider to defend, indemnify and hold harmless the city and its agents, officers and employees from any claim, action or proceeding against the city or its agents, officers or employees to attach, set aside, void or annul an approval of the city council, planning commission, or city staff concerning a subdivision. The city shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. (Ord. 1729 § 4 (Exh. A), 2023)

A. Appeal of Director Decisions. The subdivider or any other interested person may appeal the decision of the director by filing such appeal with the community development department within ten days of said decision. The appeal shall be filed in writing, stating the basis for the appeal, and be accompanied by any applicable application and fee. The department shall schedule the appeal for a planning commission hearing within thirty days of the date of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The planning commission may sustain, modify, reject, or overrule any recommendations or rulings of the director and may make such findings as are not inconsistent with this title, the general plan, the Subdivision Map Act or any other applicable regulations.

B. Appeal of Planning Commission Decisions. The subdivider or any other interested person may appeal the decision of the planning commission by filing such appeal with the city clerk within ten days of said decision. The appeal shall be filed in writing, stating the basis for the appeal, and be accompanied by any applicable application and fee. The department shall schedule the appeal for a city council hearing within thirty days of the date of the filing of the appeal or such longer period of time as may be agreed to by the appellant. The map shall be reviewed anew as though there had been no decision, recommendation or ruling previously made. The city council may sustain, modify, reject, or overrule any recommendations or rulings of the planning commission and may make such findings as are not inconsistent with this title, the general plan, the Subdivision Map Act or any other applicable regulations. (Ord. 1729 § 4 (Exh. A), 2023)

Pursuant to Government Code Section 6452.6, the approval or conditional approval of a tentative map or phases of a tentative map shall expire twenty-four months from the date of such approval. Failure to cause a parcel or final map to be officially acceptable to the city within twenty-four months after approval shall terminate all proceedings. Any subsequent subdivision of the same land shall require the submittal and processing of a new tentative map. The subdivider shall be responsible for keeping a record of the expiration date of a tentative map without further notice by the city beyond the written notice of approval, which shall state the expiration date. An extension of the approval time may be requested pursuant to Section 16.10.135. (Ord. 1729 § 4 (Exh. A), 2023)

A. The director may extend the time for filing the final subdivision map or parcel map after an approved tentative map as provided by Government Code Section 66452.6.

B. Applications for extensions shall be made in writing to the community development department, and submitted together with application fees, prior to the date of tentative map expiration. The subdivider shall attach a statement of the reasons for requesting the time extension. Upon submittal of the application and required fees the map shall automatically be extended for sixty days or until the application for the extension is approved, conditionally approved or denied, whichever occurs first.

C. A time extension may be granted subject to the condition that the final map shall be prepared and improvements shall be constructed and installed in compliance with requirements in effect at the time the request for extension is considered.

D. A subdivider may appeal the director’s action to the city council. Appeals must be filed in writing to the city clerk within fifteen days of the director’s action. (Ord. 1729 § 4 (Exh. A), 2023)

A. Minor corrections or amendments to approved tentative maps or conditions of approval may be granted by the director; provided, that all of the following are true:

1. No lots, units or building sites are added; and

2. The proposed changes are consistent with the intent and spirit of the original tentative map approval; and

3. The proposed changes are consistent with the zoning regulations and the building code, the general plan and the Subdivision Map Act.

B. Approval of minor corrections or amendments shall not change any expiration dates. Corrections and amendments to tentative maps and conditions of approval which are not deemed by the director to be minor shall be reviewed at a public hearing by the planning commission upon submittal of the appropriate modification application, materials, and fees by the subdivider. (Ord. 1729 § 4 (Exh. A), 2023)