Land Divisions

A land division or subdivision is defined by the State Subdivision Map Act (the state law that governs the division of land) as:

"...the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future."

We've designed this guide to help answer your questions about the land division process:  

Land Division Users Guide

When you submit an application to the county to subdivide your land or to adjust your lot lines, you will need to provide all the information requested in this package:

Land Division Application Package

You can apply for other types of permits with the Land Division Application Package , too.  Those permits are:

• Certificate of Compliance - A process through which the county records a document to establish a legal record officially recognizing a lot as legal in compliance with the State Subdivision Map Act and County Real Property Division Ordinance. A conditional certificate of compliance establishes a legal record when the property was not created in compliance with the Subdivision Map Act and county ordinances. A Certificate of Compliance application is acted on by staff. A Conditional Certificate of Compliance application is acted on by the Subdivision Review Board.
• Condo, new or conversion -The process of dividing real property into “airspace” or “postagestamp” lots for the purposes of sale, lease or financing. State law requires both approval and recordation of a map showing the division before the new parcel can legally be sold, leased; or financed.
• Lot Line Adjustment - A discretionary application that alters the property lines between four or fewer existing adjoining parcels, taking land from one parcel and adding it to an adjacent parcel without increasing the number of parcels. A lot line adjustment is acted on by either the Hearing Officer or the Subdivision Review Board.
• Parcel Map - The process of dividing real property into 4 or fewer lots for the purposes of sale, lease or financing (including condominiums). State law requires approval and recordation of a map showing the division before sale, lease or financing of a new parcel can legally occur. Parcel maps are acted on by the Subdivision Review Board.
• Public Lot - A process through which land conveyed to or from a governmental agency, public entity, public utility, or a subsidiary of a public utility, is reviewed and exempted from the filing of a parcel or final map.
• Receiving Site (TDC) - A site that meets the receiving site criteria in the Land Use Ordinance. Transfer of Development Credits can be transferred to receiving sites, which receive a density bonus as an incentive to participate in the Transfer of Development Credit program.
• Reversion to Acreage - A process which joins multiple lots into a single parcel through the recordation of a map approved by either the Subdivision Review Board or the Planning
  Commission.
• Road Abandonment - A formal request to abandon the right-of-way adjacent to a lot, thus
  incorporating that right-of-way into that lot. This is processed by both the County Public Works and Planning Departments, and the decision is made by the Board of Supervisors.
• Sending Site (TDC) - A site that meets the sending site criteria in the Land Use Ordinance. Development credits from a sending site are transferred to a receiving site in exchange for compensation to the landowner as part of the Transfer of Development Credit (TDC) program.
• Voluntary Merger - A process that legally merges two adjoining legal lots into a single legal lot.  An application to merge two or more contiguous parcels under common ownership acted on by staff.

If you are subdividing your property using a cluster subdivision, or want to build a condominium or planned development project, you will need to provide the information requested in this package:

Condo/PUD/Cluster Application Package

When you subdivide, you need to have a tentative map that shows how you want to subdivide your land. That tentative map needs to have a number assigned to it. If you are creating four lots or less, you will need a Parcel Map Number. If you are creating five lots or more you will need a Tract Map Number. The form below needs to be completed and returned to the Planning and Building Department in order to receive a Tentative Map Number.

Tentative Map Number Issuance Form

 

Do you want to combine multiple lots into a single lot?

This guide explains why and when you would want to combine your lots:

Voluntary Merger Users Guide

If you want to combine you lots, you will need to provide the information that is listed and contained in this package:

Voluntary Merger Package

What if I need to show that my parcel was legally created?

You would need to submit an application for a “Certificate of Compliance." The purpose of a Certificate of Compliance is to provide landowners and subsequent purchasers with a record of the county’s determination that a parcel was legally created. Although a Certificate of Ccompliance acknowledges the legality of the parcel, it neither ensures that it is a buildable parcel, nor entitles the parcel owner a construction permit or other development permits or approvals.

When you submit an application to the county for a Certificate(s) or Conditional Certificate(s) of Compliance, you will need to provide the information in this package: 

Certificate of Compliance Package

We've designed this guide to help answer your questions about Certificates of Compliance:

Certificate of Compliance Users Guide

 

How do I create or modify a road name or address?

A name is required for any unnamed road providing access to more than one lot or to one lot with more than two buildings or four or more houses.  R oad naming must occur before a land division map is recorded or before a final building inspection is granted.  You can also apply to name a road or change a name through petition of the property owners located on the road.    Obtain a road naming application, petition, and users guide here:

Road Names and Addresses

 

Land Use

What if I want to get approval for a specific use on a parcel?

There are certain uses of land or types of businesses that may have an impact on their community.  These uses are carefully reviewed through the land use permit process.   Land Use Permits authorize a use and set conditions for its establishment and operation, and are required in addition to Construction Permits.  For more information about how they are processed and approved, click on the User’s Guide below:

Land Use Permit Users Guide

If you need a Land Use Permit, you will need to provide the information that is listed and contained in this package:   

Land Use Permit Application Package

You can apply for the following types of permits with the Land Use Permit Application Package .  Those permits are:

• Conditional Use Permit (Development Plan) - A discretionary permit, acted on by the Planning Commission, allowing a specific land use.
• Curb, Gutter and Sidewalk Waiver - A request to waive the requirement for construction of curb, gutter and sidewalk, acted on by County Planning and County Engineering staff.
• Emergency Permit - Authorization granted by the Planning Director, allowing a property owner to perform emergency work associated with a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services. The property owner must apply for and receive required land use permits and construction permits within 30 days of receiving the emergency permit.
• Minor Use Permit - A discretionary permit, acted on by the Hearing Officer (Zoning Administrator), allowing a specific land use.
• Plot Plan - A ministerial permit, acted on by staff, allowing a specific land use.
• Site Plan - A ministerial permit, acted on by staff, allowing a specific land use.
• Surface Mining/Reclamation Plan - A discretionary permit, acted on by Planning Commission, allowing the mining of surface materials from a site and requiring the reclamation of the site after the mining is completed.
• Tree Removal Permit - A permit, acted on by staff, that is required for the removal and replacement of trees within certain areas of the county under certain circumstances.
• Variance - A discretionary permit to modify requirements of the Land Use Ordinance or the
  standards in the Area Plans of the Land Use Element. A variance cannot reduce the minimum parcel size or authorize uses that are not allowed by Table 2-2 of the Land Use Ordinance or Table O of the Coastal Zone Land Use Element.
• Zoning Clearance - A ministerial permit processed and approved as part of the construction permit or business license clearance.

How do I establish a cell site?
There is a special application package for cell cites. You will need to provide the information that is listed and contained in the package below:

Cell Site Application Package

How will I know if my project will need to have a public hearing?

The following explains the different hearing bodies (Review Authorities) that might take action on your Land Use Permit:

Does my project need a hearing

What kind of approval might I need?

The following guide explain all the different types of permits that your project could require.

Permit Types

What is a General Plan?

The San Luis Obispo County General Plan is the foundation upon which all land use decisions are based. Its main purposes are to illustrate the public policy for future land use for both public and private lands, and to provide the County Board of Supervisors, Planning Commission, Subdivision Review Board and Zoning Administrator (Hearing Officer) with specific direction for future decisions affecting land use development. The County’s General Plan also includes the “zoning” of your property. If you want to change the “zoning” of your property, you would need to amend the County’s General Plan.

To learn more about the County’s General Plan, you'll need this.

General Plan

How do I amend the General Plan?

Before any portion of the general plan can be changed, a thorough review of the requested change must be completed. Amending the general plan is an important decision. The process is governed by state law that requiries each amendment request to be evaluated by the Planning Commission and the Board of Supervisors at public hearings before a decision is made. In the coastal zone, amendments must also be approved by the California Coastal Commission.

For more information about the process and the types of amendment requests that could be made and supported, including changing the zoning on your property, see the Guide below.

General Plan Amendment User's Guide

If you want to submit an application to the county to change the County’s General Plan (this includes changing the zoning on your property), you will need to provide all the information that is listed and contained in this package:

General Plan and Ordinance Amendment Application Package

What is the County’s Land Use Ordinance?

A zoning ordinance is the local law that typically details the allowable uses, development standards, setbacks, special uses, and permit review and approval procedures for property within the county. The County’s zoning ordinances are called the Land Use Ordinance and the Coastal Zone Land Use Ordinance (Titles 22 and 23 of the County Code respectively).

Read about how the Land Use Ordinance and the County’s General Plan work together:

Land Use Ordinance and the County's General Plan

Outside of the Coastal Zone, the Land Use Ordinance also sets “planning area standards” which establish specific and special standards for certain areas or certain parcels of land. In order to change these standards, or change any other portion of the Land Use Ordinance or Coastal Zone Land Use Ordinance, you would need to process an Ordinance Amendment. This Guide provides information about the types of amendment requests that could be made and supported.

Ordinance Amendment Users Guide

If you want to submit an application to the county to change the County’s Land Use Ordinance or Coastal Zone Land Use Ordinance, you will need to provide all the information that is listed and contained in this package:

General Plan and Ordinance Amendment Application Package

How do I appeal a project?  

Many actions taken by the Department of Planning and Building staff may be appealed. Actions by the Planning Department Hearings Officer, Subdivision Review Board, or Planning Commission, to approve or deny a permit application, may be appealed by the applicant or member of the public.

If you wish to appeal a decision, an appeal form must be completed and received by the Records Management Division accompanied by the required fee no later than 14 calendar days after the action, or 7 calendar days after the approval of a "Site Plan" type of land use permit. 

Coastal Appeal Form

Inland Appeal Form