Chapter 16.02
GENERAL PROVISIONS

Sections:

16.02.005    Purpose of provisions.

16.02.010    Title and authority.

16.02.020    Purpose.

16.02.030    Conformity to general plan, specific plans and zoning regulations.

16.02.040    Interpretation and application.

16.02.050    Projects subject to city subdivision regulations.

16.02.060    Projects excluded from subdivision regulations.

16.02.070    Processing fees.

16.02.080    Withdrawal of application.

16.02.090    Effect of annexation.

16.02.100    Conflict with public provisions.

16.02.110    Conflict with private provisions.

16.02.120    Actions by persons with interest.

16.02.005 Purpose of provisions.

This chapter describes the authority, purpose, applicability, and other general provisions of these regulations. (Ord. 1490 § 3 (part), 2006)

16.02.010 Title and authority.

A. The title of this title of the municipal code shall be known and cited as the “subdivision regulations of the city.”

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. (Ord. 1490 § 3 (part), 2006)

16.02.020 Purpose.

These 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 following 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 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. 1490 § 3 (part), 2006)

16.02.030 Conformity to general plan, specific plans and zoning regulations.

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. 1490 § 3 (part), 2006)

16.02.040 Interpretation and application.

In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. (Ord. 1490 § 3 (part), 2006)

16.02.050 Projects subject to city subdivision regulations.

The regulations shall apply to all parts of subdivisions within the city of San Luis Obispo and to the preparation of subdivision maps and to other maps 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. 1490 § 3 (part), 2006)

16.02.060 Projects excluded from subdivision regulations.

The following are not considered subdivisions and are therefore excluded from tentative and parcel or final map requirements:

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

B. Mineral, oil, or gas leases.

C. Land dedicated for cemetery purposes under the State Health and Safety Code.

D. 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.

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

F. 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.

G. 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.

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

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

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

K. 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. (Ord. 1490 § 3 (part), 2006)

16.02.070 Processing fees.

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. 1490 § 3 (part), 2006)

16.02.080 Withdrawal of application.

Requests for withdrawal of a subdivision application 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 subdivision hearing. (Ord. 1490 § 3 (part), 2006)

16.02.090 Effect of annexation.

Any subdivision subject to annexation to the city shall comply with the Subdivision Map Act. (Ord. 1490 § 3 (part), 2006)

16.02.100 Conflict with public provisions.

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. 1490 § 3 (part), 2006)

16.02.110 Conflict with private provisions.

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. 1490 § 3 (part), 2006)

16.02.120 Actions by persons with interest.

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 sub-divider 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 council. (Ord. 1490 § 3 (part), 2006)