§ 22.14

Combining designations are used to identify and highlight areas of the county having natural or built features which are sensitive, hazardous, fragile, of cultural or educational value, or of economic value as extractable natural resources. The purpose of combining designation standards is to require project design that will give careful consideration to the land features, structures and activities identified by the combining

designations. These standards provide for more detailed project review where necessary to support public safety or proper use of public resources. [22.07.010]

The standards of this Chapter apply to all projects for which a land use permit is required, when a project is within a combining designation shown on the official maps (Part III of the Land Use Element). When applicable, these standards apply to a project in addition to any requirements of planning area standards (Article 9 - Community Planning Standards), and the other requirements of this ordinance. When the standards of this Chapter conflict with other chapters of this Title, these standards shall control for the purposes of this Title. If the standards of this Chapter conflict with planning area standards, the planning area standards control. Any determination that the provisions of this Chapter do not apply to a specific land use shall not be construed as exempting the land use from other applicable requirements of this Title. [22.07.012]

22.14.030 - Airport Review Area (AR).

A.

Applicability. The Airport Review (AR) combining designation is used to recognize areas around airports where certain land uses and site development characteristics may conflict with aircraft maneuvers or with the safe and functional use of the airport. The standards of this Section regulate objects affecting navigable airspace, consistent with federal regulations. The Airport Review combining designation is applied to:

1.

Areas below the several imaginary surfaces around each airport established by the U.S. Federal Aviation Administration in its Federal Aviation Regulations, Volume XI, Part 77.

2.

Those areas surrounding each airport as identified in plans adopted by the San Luis Obispo County Airport Land Use Commission.

The two areas described above are identified in Article 9 (Community Planning Standards), which also contains specific requirements for each specific Airport Review combining designation area.

B.

Limitation on use. Developments within areas covered by land use plans adopted by the San Luis Obispo County Airport Land Use Commission are limited to those identified in the plans as "compatible" and "conditionally approvable." Projects that are conditionally approvable may be granted a permit only when in compliance with all conditions of the applicable airport land use plan or its implementing rules.

C.

Application content. In addition to the requirements of Article 6, all applications shall include descriptive and plan information as necessary to determine compliance with these airport review sections.

D.

Additional height standards. The following standards apply to projects in the AR combining designation in addition to the provisions of Section 22.10.090 (Heights):

1.

Except as otherwise provided in this Section, no structure shall be erected, altered, replaced, repaired or rebuilt, or tree be allowed to grow higher or be replanted, in any airport approach area, airport turning area, or airport transition area to a height that would project above the approach surface, the horizontal surface, the conical surface, or the transitional surfaces as defined in Article 8.

2.

The maximum height of Subsection D.1 may be increased by the San Luis Obispo County Airport manager, where existing terrain features near a proposed project are higher than proposed structures, and no additional hazard to air traffic will result. In such cases, the height of proposed structures may be increased to a maximum height equivalent to the terrain feature. Any allowed increase in height may be conditioned to require the owner of the proposed structure to install, operate, and maintain on the structure markers and lights that may be necessary to indicate to flyers the presence of an aviation hazard.

E.

Additional operational standard. The following standard shall apply in addition to the provisions of Article 3. Except as provided in Section 22.14.030, no use may be made of land within any airport approach area, airport turning area, or airport transition area, in a manner to create electrical interference with radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

F.

Avigation easement required. To ensure the continued viability of avigable airspace within AR areas, approval of a land use permit is subject to the property owner providing the county an avigation easement for all projects in areas identified in the applicable airport land use plan as needing an avigation easement.

G.

Appeal procedure. Any appeal or variance to this Section requested in compliance with Section 22.70.050 or 22.70.030 shall first be transmitted to the San Luis Obispo County Airport Land Use Commission for its consideration in accordance with Section 21676 of the California Public Utilities Code. No subsequent approval of the appeal or variance to a degree greater than that set by the Airport Land Use Commission shall be of any effect unless and until the Board of Supervisors so determines by a vote of not less than four-fifths.

[Amended 1986, Ord. 2250] [22.07.020 through 22.07.032]

22.14.040 - Energy and Extractive Resource Area (EX).

A.

Purpose and applicability. The Energy and Extractive Resource Area (EX) combining designation is used to identify areas of the county where:

1.

Mineral or petroleum extraction occurs or is proposed to occur;

2.

The state geologist has designated a mineral resource area of statewide or regional significance pursuant to Sections 2710 et seq. of the Public Resources Code (The Surface Mining and Reclamation Act);

3.

Major public utility electric generation facilities exist or are proposed.

The purpose of this combining designation is to protect significant resource extraction and energy production areas identified by the Land Use Element from encroachment by incompatible land uses that could hinder resource extraction or energy production operations, or land uses that would be adversely affected by extraction or energy production.

B.

Use restrictions. The following uses are prohibited within the EX combining designation:

Recycling—Scrap and dismantling yards

Small Scale Manufacturing

Clubs, Lodges, and Private Meeting Halls

Libraries and Museums

Religious Facilities

Rural Recreation and Camping (except Incidental Camping)

Schools

Restaurants

Lodging (except Bed & Breakfast Inns, 3 or fewer units)

Waste Disposal Sites

Airfields and Heliports

C.

New subdivisions—Minimum parcel size. The minimum parcel size for a new parcel is 10 acres unless a larger minimum parcel size is required by applicable sections in Chapter 22.22.

D.

Processing requirements. When located in an EX area, all proposed land uses required to have land use permit approval by Section 22.06.030 (Allowable Land Uses and Permit Requirements), Article 1 (Standards for Specific Land Uses), or by planning area standards in Article 9, are subject to the requirements of this Section.

1.

Permit required.

a.

Resource extraction. The land use permit requirements for oil wells or mining operations shall be as determined by Chapters 22.34 and 22.36.

b.

Electric generating facilities. The land use permit requirements for new electric generation facilities and modifications to existing facilities are determined by Chapter 22.32.

c.

All other land uses. Proposed land uses not directly related to energy or extraction operations are subject to Minor Use Permit approval, unless the project would otherwise be required by this Title to have Conditional Use Permit approval. The following are exceptions to the Minor Use Permit requirement:

(1)

Uses related to an existing single-family residence. Development accessory to an existing legallyestablished single-family residence, including, but not limited to, the following:

Minor exterior alterations.

Residential expansions not exceeding 50 percent.

Residential accessory structures and accessory dwelling units.

Home occupations.

Demolition and replacement of a single-family residence in the same location.

(2)

Planning area standard. Where planning standards in Articles 9 or 10 for the EX designation authorize Zoning Clearance approval.

Application content.

a.

Resource extraction: As required by Chapters 22.34 and 22.36.

b.

Electric generating facilities: As required by Chapter 22.32.

c.

All other land uses. Where a land use other than resource extraction or power generation is proposed in an EX area, the permit application shall include a mineral resource report prepared by a geologist or mining engineer that evaluates:

(1)

The estimated extent and commercial value of any mineral resources located on the site or known to be within the vicinity of the proposed uses;

(2)

The feasibility of extracting the identified mineral resources within a reasonable time before development of the proposed use;

(3)

The feasibility of conducting resource extraction operations at the same time as the proposed use.

3.

Required findings. Approval of any use other than energy production or resource extraction may be granted when the finding is made that the proposed use will not adversely affect the continuing operation or expansion of the energy or extraction use.

E.

Development standards. Resource extraction operations shall be established and operated in compliance with the standards of Chapters 22.36 and 22.36. Electric generating facilities shall comply with Chapter 22.32. Development standards for other land uses shall be established through the land use permit review and approval process.

[Amended 1986, Ord. 2250; 1989, Ord. 2409; 1992, Ord. 2553; 1994, Ord. 2696; 2025, Ord. 3531] [22.07.040 to 044]

A.

Purpose and applicability. The Mineral Resource Area (MRA) combining designation is used to identify areas of the county which the California Geological Survey California Department of Conservation's Division of Mines and Geology has classified as containing or being highly likely to contain regionally significant mineral deposits.

The purpose of this combining designation is to protect existing resource extraction operations and areas with significant mineral resources from encroachment by incompatible land uses that could hinder resource extraction. In addition, Framework for Planning - Inland Portion, Part I of the Land Use Element contains guidelines which call for proposed land use category amendments to give priority to maintaining land use categories which allow and are compatible with resource extraction.

B.

Use restrictions. The following uses are prohibited within the MRA combining designation:

Recycling—Scrap and dismantling yards

Small Scale Manufacturing

Clubs, Lodges, and Private Meeting Halls

Libraries and Museums

Religious Facilities

Rural Recreation and Camping (except Incidental Camping)

Schools

Restaurants

Lodging (except Bed & Breakfast Inns, 3 or fewer units)

Waste Disposal Sites

Airfields and Heliports

C.

New subdivisions—Minimum parcel size. The minimum parcel size for a new residential parcel is 10 acres unless a larger minimum parcel size is required by applicable sections in Chapter 22.22.

D.

Processing requirements. The following standards apply to proposed land uses within the MRA combining designation which are required to have Minor Use Permit or Conditional Use Permit approval by Section 22.06.030 (Allowable Land Uses and Permit Requirements), Chapter 22.30 (Standards for Specific Land Uses), or by planning area standards in Articles 9 and 10.

All proposed mineral or petroleum extraction uses are subject to the requirements of Sections 22.14.040 through 22.14.044 and 22.08.170 through 22.08.198.

2.

Approval of any use other than mineral resource extraction may be granted only when the finding is made that the proposed use will not adversely affect the continuing operation or expansion of a mineral resource extraction use.

[Amended 1991, Ord. 2499; 2025, Ord. 3531] [22.07.050, 052]

A.

Purpose and Statutory Authorization. The Legislature of the state of California has in Government Code Sections 65302, 65560 and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health safety and general welfare of its citizenry. Therefore, the Board of Supervisors of the County of San Luis Obispo does hereby adopt the following flood plain management regulations. The Flood Hazard (FH) combining designation is applied to areas where terrain characteristics would present new developments and their users with potential hazards to life and property from potential inundation by a 100-year frequency flood. These standards are also intended to minimize the effects of development on drainage ways and watercourses. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "The Flood Insurance Study for San Luis Obispo County," dated June 6, 2024, with accompanying flood insurance rate maps, and any subsequent amendments or revisions to these products are hereby adopted and incorporated into this Title by reference as though they were fully set forth here. The flood insurance study is on file in the County Public Works office.

B.

Applicability of Flood Hazard Standards. All uses proposed within a FH combining designation are subject to the standards of this Section, except:

1.

Temporary uses. With the approval of the Floodplain Administrator, the Building Official may authorize construction or placement of a temporary structure or use within a Flood Hazard area pursuant to the required land use permit without meeting these standards, provided that the structure or use will be removable in times of imminent flooding (such as structures or machinery on semi-trailers.

2.

Emergency work. Emergency work may be undertaken where necessary to preserve life or property. Within 48 hours after commencement of such work, the Floodplain Administrator shall be notified and an application filed with the Department of Planning and Building in compliance with the provisions of Subsection E of this section.

Existing uses. The continuance, operation, repair, or maintenance of any lawful use of land existing on the effective date of this Title is permitted. Any expansion or alteration of an existing structure or use, or grading of a site, shall be conducted in accordance with all applicable provisions of this Title.

C.

Definitions. The following definitions are for the purposes of this section.

1.

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Equivalent to a 100-year flood. [Added 1986, Ord. 2250]

2.

Base Flood Elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified in the Flood Insurance Study (FIS).

3.

Flood Fringe. That portion of the flood plain outside the floodway. See Figure 14-1 in Floodway definition.

4.

Flood Insurance Rate Map (FIRM). The official Flood Insurance Rate Map on which the Federal Emergency Management Agency has delineated both the areas of special flood-hazards and the risk premium zones applicable to the community. [Added 1986, Ord. 2250]

5.

Flood Insurance Study. The official report titled "The Flood Insurance Study for San Luis Obispo County," provided by the Federal Emergency Management Agency, that includes flood profiles, the Flood Insurance Rate Map (FIRM), The Flood Boundary Floodway Map, the water surface elevation of the base flood, and supporting technical data. [Added 1986, Ord. 2250]

6.

Flood Plain. Land that has been or may be hereafter covered by flood water, including, but not limited to, the base flood.

7.

Flood Profile, Storm. A graph or longitudinal profile showing the relationship of the water-surface elevation of a flood event to location along a stream or river.

8.

Floodproofing. Any combination of structural and non-structural additions, changes or adjustments to nonresidential structures which reduce or eliminate flood damage to real estate or improved property.

[Amended 1986, Ord. 2250]

9.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Figure 14-1 conceptually illustrates the floodway relative to the broader flood plain.

==> picture [361 x 294] intentionally omitted <==

Figure 14-1 - Floodway and Flood Fringe

10.

Lowest Floor. The lowest floor of the lowest enclosed area, including basement. Excludes any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the building codes.

11.

New Construction. For the purposes of determining flood insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For the purposes of implementing and enforcing floodplain management policies and regulations, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Start of Construction. Including substantial improvement and other proposed new development, the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Added 2015, Ord. 3289; 2018, Ord. 3372]

13.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. [Also defined in CCR Title 24 Part 2.]

14.

Substantial Improvement. Any repair, reconstruction, rehabilitation, alteration, addition or other improvement of a structure, whereby the cost equals or exceeds 50 percent of the market value of the structure before the improvement or repair started. When the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual extent of the work performed. Substantial improvement does not include the following: [Also defined in CCR Title 24 Part 2.]

a.

Any improvement of a structure required to correct health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

b.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure.

D.

Duties and Powers of the Floodplain Administrator.

1.

Designation. The Director of Public Works is designated as the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees. Where California Building Code (CBC) Appendix G refers to the Building Official, each such reference shall refer to

the Floodplain Administrator. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of Appendix G.

2.

General authority. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and Appendix G, as adopted in Title 19, and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Appendix G.

3.

Coordination. The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for

buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection F.2 of this section.

E.

Flood Hazard Area Permit and Processing Requirements. Drainage plan approval is required where any portion of the proposed site is located within a Flood Hazard combining designation, in addition to all other permits required by this title, state and federal law. In addition to the information called for in Section 23.05.042 (drainage plan required) the drainage plan shall include:

1.

Federal Emergency Management Agency flood data, including base flood elevations, flood hazard and floodway locations.

2.

In areas where water surface elevation data has not been provided by the Federal Emergency Management Agency, a normal depth analysis or other equivalent engineering analysis that identifies the location of the floodway and demonstrates that the structure will not be located within the floodway or be subject to inundation by the 100-year storm. The following information is required to determine the location of flood elevation and the floodway:

a.

Plans drawn to scale showing the location, dimensions, and elevations of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the locations of the floodway.

b.

Typical valley cross-sections showing the normal channel of the stream, elevation of the land areas adjoining each side of the channel, cross-sections of areas to be occupied by the proposed development, and high-water information sufficient to define the 100-year base flood elevation.

c.

A profile showing the slope of the bottom of the channel or flow line of the stream.

d.

Any previously determined flood data available from any state, federal or other source.

F.

Construction standards. New structures or any substantial improvement or any repair of substantial damage to an existing structure (including manufactured homes) are subject to the following construction standards.

1.

Construction, general: New structures or any substantial improvement or any repair of substantial damage to an existing structure (including manufactured homes) are subject to the following construction standards.

a.

All proposed development in flood hazard areas shall be reviewed to determine that:

(1)

Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding.

(2)

All public utilities and facilities, such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage.

(3)

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

b.

No construction or grading shall limit the capacity of the floodway or increase flood heights on existing structures unless the adverse effect of the increase is rectified to the satisfaction of the Floodplain Administrator. In no case shall flood heights be increased above that allowed under the National Flood Insurance Program.

c.

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the effective Flood Insurance Study or on the effective FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

d.

Structures shall be anchored to prevent collapse, lateral movement or flotation that could result in damage to other structures or restriction of bridge openings and narrow sections of the stream or river.

e.

Service facilities such as electrical and heating equipment shall be floodproofed or constructed at minimum of one-foot above the 100-year base flood elevation for the site.

f.

Water supply and sanitary sewage systems shall be designed to minimize infiltration of flood waters into the system and discharge from systems into flood waters.

g.

On-site waste disposal systems shall be located outside of the flood hazard area to the extent feasible and designed to minimize impairment or contamination during flooding.

h.

All buildings or structures shall be located landward of mean high tide.

i.

Whenever a watercourse is to be altered or relocated, the flood carrying capacity within the altered or relocated portion of the water course shall be maintained. The Floodplain Administrator shall notify adjacent communities and the Department of Water Resources and the Federal Emergency Management Agency of the watercourse alteration. This notification shall include evidence that the flood carrying capacity shall be maintained.

(1)

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

(2)

When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

j.

Fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following criteria:

(1)

A minimum of two openings on different sides of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.

(2)

The bottom of all openings shall be no higher than one foot above grade.

(3)

Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of flood waters.

(4)

Buildings with more than one enclosed area must have openings on exterior walls of each area to allow flood water to directly enter.

k.

On the basis of structural plans and the depth analysis, the lowest floor of all residential and non-residential structures, including manufactured homes, shall be constructed at a minimum of one-foot above the 100year base flood elevation. Within any AO zone on the Flood Insurance Rate maps, this elevation shall be determined by adding one foot to the depth number specified. If no depth is specified, structures shall be elevated a minimum of two feet above adjacent natural grade.

l.

Non-residential construction shall either be elevated in conformance with Subsection F.1.k. of this section, above, or together with attendant utility and sanitary facilities, have the lowest floor elevated a minimum of two feet above the highest adjacent grade and be floodproofed to a minimum of one-foot above the 100-

year base flood elevation. Certification to which the lowest floor has been dry floodproofed shall be required prior to final inspection, using the FEMA Dry Floodproofing Certificate form. Examples of dry floodproofing include, but are not limited to:

(1)

Installation of watertight doors, bulkheads, and shutters.

(2)

Reinforcement of walls to resist water pressure.

(3)

Use of paints, membranes, or mortars to reduce seepage through walls.

(4)

Addition of mass or weight to structure to resist flotation.

(5)

Armor protection of all fill materials from scour and/or erosion.

m.

All structures subject to inundation shall use flood resistant materials up to one foot above base flood elevation.

2.

Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

a.

Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

b.

Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.

c.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

d.

Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.

3.

Installation of manufactured homes. In addition to the provisions for manufactured homes in Appendix G:

a.

All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these regulations.

b.

In addition to permits pursuant to Appendix G, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes.

c.

Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.

4.

Recreational vehicles. All recreational vehicles located in flood hazard areas must be placed in accordance with the provisions for recreational vehicles in Appendix G.

5.

Storage and processing. The storage or processing of materials that in time of flooding are buoyant, flammable, or explosive; that could be injurious to human, animal, or plant life; or that may unduly affect floodway capacity or unduly increase flood heights is not permitted. Storage of other material or equipment may be allowed if not subject to major damage by floods and if firmly anchored to prevent flotation, or if readily removable from the area within the time available after flood warning.

6.

Certification of compliance. The following certifications shall be filed with the Floodplain Administrator and Building Official prior to final building inspection:

a.

Upon completion of any structure within a FH combining designation, compliance with elevation requirements shall be certified by a registered civil engineer or a licensed land surveyor. Such certification shall include as a minimum the elevation of the lowest floor. If the structure has been floodproofed in conformance with Subsection F.1.l, the certification shall include the elevation to which the structure has been floodproofed. These records shall be maintained by the Director of Public Works for public inspection and made available as needed.

b.

Where floodproofing is used, a registered civil engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood.

c.

Compliance with the structural design requirements within Coastal High Hazard Areas stated in Section 23.07.066 shall be certified by a registered civil engineer, or architect.

7.

Exceptions to construction standards. The standards of this Section may be waived or modified by the Board through the variance procedure set forth in Code of Federal Regulations, Title 44, Chapter 1, Section 60.6, instead of through the adjustment process in Section 22.70.030. Requests for such waivers or modifications shall be filed with County Public Works for processing.

a.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this ordinance are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. Variances may be issued for the repair or rehabilitation of historic resources, as defined by Section 22.14.080, upon a determination that the proposed repair or rehabilitation will not preclude the resources continued designation as a historic resource and the variance is the minimum necessary to preserve the historic character and design of the resource. Upon consideration of the factors of this ordinance, the Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Section.

b.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

c.

Variances shall only be issued upon a determination that the variance is the minimum necessary considering the flood hazard, to afford relief. Minimum necessary means to afford relief with a minimum of deviation from the requirements of this ordinance.

d.

If a variance is granted, the Board of Supervisors Resolution will act as written notice that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as 25 dollars for 100 dollars of insurance coverage, and that such construction below the base flood elevation increases risks to life and property.

e.

The Floodplain Administrator or Public Works Director will maintain a record of all variance actions, including justification for their issuance.

f.

When considering a request for a variance, the Board of Supervisors shall consider all technical evaluations, all relevant factors, standards specified in all other Sections of this Title, and the following:

(1)

Danger that materials may be swept onto other lands to the injury of others.

(2)

Danger to life or property due to flooding or erosion damage

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property.

(4)

Importance of the services provided by the proposed facility to the community.

(5)

Necessity to the facility of a waterfront location, where applicable.

(6)

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(7)

Compatibility of the proposed use with existing and anticipated development.

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management plan for that area.

(9)

Safety of access to the property in time of flood for ordinary and emergency vehicles.

(10)

Expected flood heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site.

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.

g.

A Variance shall be approved only where the following findings can be made:

(1)

Showing of good and sufficient cause; and

(2)

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

(3)

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance, cause fraud and victimization of the public, or conflict with existing local laws or ordinance.

G.

Disclaimer of Liability. The degree of flood protection required by this Section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Section does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Section shall not create liability on the part of San Luis Obispo County, any officer or employee thereof, the State of California or the Federal Emergency Management Agency, for any flood damages that result from reliance on this Section or any administrative decision lawfully made hereunder.

H.

Land Divisions in the Flood Hazard Combining Designation. Land divisions and lot line adjustments are prohibited within the Flood Hazard Combining Designation where they create new building areas within the 100-year flood hazard zone, unless a Flood Hazard Plan identifying construction constraints is approved by the Floodplain Administrator prior to approval.

I.

Abrogation and Greater Restrictions. This Section is not intended to repeal, abrogate, or impair any existing easements, covenant, or deed restrictions. Where this Section and other ordinances conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

[Amended 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1995, Ord. 2741; 2004 Ord. 3024; 2010, Ord. 3188; 2015, Ord. 3289; 2018, Ord. 3372; 2020, Ord. 3405; Ord. 3515, 2024] [22.07.060 to 066]

22.14.070 - Geologic Study Area (GSA).

A.

Purpose. The Geologic Study Area (GSA) combining designation is applied to areas where geologic and soil conditions could present new developments and their users with potential hazards to life and property. These standards are applied where the following conditions exist:

1.

Seismic hazard. Areas of seismic (earthquake) hazard are identified through application of an Earthquake Fault Zone. Earthquake Fault Zones are established by the state geologist as required by Sections 2621 et seq. of the Public Resources Code (the Alquist-Priolo Earthquake Fault Zones Act), and are identified in the Land Use Element (Part II);

2.

Landslide hazard. Areas within urban and village reserve lines, identified by the Seismic Safety Element as being subject to moderately high to high landslide risk, and rural areas subject to high landslide risk;

3.

Liquefaction hazard. Areas within urban and village reserve lines, identified by the Seismic Safety Element as being subject to moderate to high soil liquefaction.

B.

Applicability of GSA standards. The standards of this Section apply to all land uses for which a permit is required, except:

1.

One single-family residence, not exceeding two stories, when not constructed in conjunction with two or more residences by a single contractor or owner on a single parcel or abutting parcels, unless the site is located in an area subject to liquefaction or landslide.

2.

Any agricultural use not involving a building, and any agricultural accessory structure.

Alterations or additions to any structure, the value of which does not exceed 50 percent of the assessed value of the structure in any 12-month period.

C.

Application content - Geology and Soils Report required. All land use permit applications for projects located within a GSA (except those exempted by Subsection B.) shall be accompanied by a report prepared by a certified engineering geologist and/or registered civil engineer (as to soils engineering), as appropriate. The report shall identify, describe and illustrate, where applicable, potential hazard of surface fault rupture, seismic shaking, liquefaction or landslide, as provided by this Section. Provided, however, that no report is required for an application located in an area for which the County Engineer determines that sufficient information exists because of previous geology or soils reports. Where required, a geology report shall include:

1.

A review of the local and regional seismic and other geological conditions that may significantly affect the proposed use.

2.

An assessment of conditions on or near the site that would contribute to the potential for the damage of a proposed use from a seismic or other geological event, or the potential for a new use to create adverse effects upon existing uses because of identified geologic hazards. The conditions assessed shall include, where applicable, rainfall, soils, slopes, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential.

3.

Conclusions and recommendations regarding the potential for, where applicable:

a.

Surface rupture or other secondary ground effects of seismic activity at the site;

b.

Active landsliding or slope failure;

c.

Adverse groundwater conditions;

d.

Liquefaction hazards.

Recommended building techniques, site preparation measures, or setbacks necessary to reduce risks to life and property from seismic damage, landslide, groundwater and liquefaction to insignificant levels.

D.

Review of geology report. As required by California Code of Regulations, Title 14, Section 3603, the geology and soils report required by Subsection C. shall be evaluated by a geologist retained by the county who is registered in the State of California. Within 30 days of the acceptance of such report, the Director shall file one copy with the State Geologist.

[Added 1992, Ord. 2553]

E.

Geologic Study Area special standards. All uses within a GSA shall be established and maintained in accordance with the following, as applicable:

1.

Grading. Any grading not otherwise exempted from the permit requirements of Chapter 22.52 (Grading) shall be performed as engineered grading under the provisions of those sections.

2.

Seismic hazard areas. As required by California Public Resources Code Section 2621 et seq. and California Administrative Code Title 14, Sections 3600 et seq., no structure intended for human occupancy shall be located within 50 feet of an active fault trace within an Earthquake Fault Zone.

[Amended 1986, Ord. 2250; 1992, Ord. 2553; 1995, Ord. 2741] [22.07.080 to 086]

22.14.080 - Historic Site (H).

A.

Purpose. The Historic Site (H) combining designation is applied to recognize the importance of archeological sites and historic sites, structures and areas important to local, state, or national history. These standards are intended to protect archeological resources, historic structures and sites by requiring new uses and alterations to existing uses to be designed with consideration for preserving and protecting these resources.

B.

Minimum parcel size. The minimum size for a new parcel with an established structure and Historic Site combining designation shall be determined by Conditional Use Permit. Any parcel where the historic structure is located that is less than the minimum or what would otherwise be required for the applicable land use category can only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency.

Application content. The Conditional Use Permit application shall be accompanied by a statement from the applicant explaining why it is necessary to separate the existing historic structure from the surrounding ownership, and how such separation will support the restoration or continuation of the historic structure.

2.

Residential use prohibited. No residential use shall be established on the parcel where the historic structure is located if that parcel is smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category.

3.

Non-profit organization. If the parcel where the historic structure is located is smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category, that parcel shall only be transferred to a valid tax-exempt charity under Internal Revenue code section 501(c)(3) or a public agency. Evidence shall be submitted in the form of a letter from the Internal Revenue Service verifying the organization is a valid non-profit organization prior to recordation of a final or parcel map. In addition, a letter of intent to accept title from the valid non-profit organization or public agency shall be submitted prior to recordation.

4.

Declaration of restrictions required. Prior to, or concurrent with, recordation of a final or parcel map, the applicant shall execute and record a declaration of restrictions in a form approved by County Counsel, wherein the applicant agrees on their own behalf and all successors in interest to the parcel that, they will not request approval of or establish any residential use on the parcel. In addition, the declaration of restrictions shall specify that any parcel smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 shall not be sold except to a valid non-profit organization or public agency. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

5.

Required findings. No parcel smaller than the minimum parcel size or what would otherwise be required by Chapter 22.22 for the applicable land use category shall be approved pursuant to this section unless the Review Authority first finds that the parcel meets the minimum site area provisions in Chapter 22.22 that the proposed parcel being smaller than the surrounding holdings will have no adverse effect on the continuing use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the division will support the restoration or continuation of the historic structure.

[Added 1999, Ord. 2880]

C.

Permit and processing requirements. The following standards apply to all development proposals within an H combining designation.

Minor Use Permit required. Minor Use Permit approval is required for all new structures and uses within an H combining designation, and also for any modifications to existing historic structures within an H combining designation, including restoration or alteration that changes the historic or architectural character of the structure, demolition or relocation, except for minor exterior or interior alterations that do not materially change the historic character of the structure.

2.

Application content. Applications for projects within an H combining designation shall include a description of measures proposed to protect the historic resource identified by the Land Use Element (Part II).

3.

Environmental determination. The initial study shall evaluate the potential effect of the proposed project upon the visual character of the historic site or district, and evaluate the other direct and indirect effects of the new construction upon the actual archeological resources or historic structures.

4.

Required findings for approval. A land use permit application within an H combining designation shall be approved only where the Review Authority first makes all the following findings, where applicable:

a.

Archeological resources. Where an H combining designation is applied to identify areas of archeological resources (historic and prehistoric), project approval shall require the following findings:

(1)

The site design and development as finally proposed incorporates adequate measures to ensure the archeological resources will be acceptably and adequately protected; or

(2)

Where site design and development proposals cannot feasibly be changed, and intrusion into or disturbance of historic or prehistoric archeological resources will result, that construction will use appropriate methods to protect the integrity of the site, including possible relocation of graves and artifacts.

b.

Historic structures, landmarks and districts. Where an H combining designation is applied to identify historic structures, landmarks, or districts, project approval shall require the following findings:

(1)

The height, bulk, location, structural materials, landscaping and other aspects of the proposed use will not obstruct public views of the historic structure or of its immediate setting;

(2)

Any proposed alteration or removal of structural elements, or clearing of landscaping or natural vegetation features will not damage or destroy the character of significant historical features and settings;

(3)

Any proposed remodeling or demolition is unavoidable because it is not structurally or economically feasible to restore or retain existing structures or features.

[Amended 1986, Ord. 2250; 1994, Ord. 2696; 1999, Ord. 2880] [22.07.100 to 102]

The Local Coastal Plan (LCP) combining designation identifies the Coastal Zone of San Luis Obispo County, the area subject to the provisions of the California Coastal Act of 1976. The provisions of this Title do not apply to land use and development activities within the Coastal Zone, which are instead subject to the requirements of Title 23 of this code, the Coastal Zone Land Use Ordinance.

[Amended 1988, Ord. 2344] [22.07.120]

A.

Purpose. The Renewable Energy (RE) Combining Designation is used to encourage and support the development of local renewable energy resources, conserving energy resources and decreasing reliance on environmentally costly energy sources. Specifically, the purpose of the RE Combining Designation is to:

1.

Identify areas of the county where: (1) renewable energy production is favorable, (2) the production of renewable energy resources is prioritized, and (3) permit requirements are structured to streamline the environmental review and processing of land use permits for solar electric facilities (SEFs).

2.

Protect the development and use of locally appropriate distributed renewable energy resources in priority areas in a manner that will not degrade ecosystems, agricultural resources, and other environmental resources.

3.

Notify landowners and the general public of areas where development of renewable energy resources is prioritized.

This combining designation does not limit the development of SEFs outside of this combining designation where it is an allowable use identified in Section 22.06.030 (Allowable Land Uses and Permit Requirements) and regulated by the special use standards in Chapter 22.32 (Energy-Generating Facilities).

B.

Applicability.

1.

The permit requirements of this Section shall apply only to proposed SEFs meeting the site criteria of this Section. Where other accessory or primary uses are proposed that indirectly support proposed SEFs, the applicable permit requirements for the additional use(s) shall be determined as described in Chapter 22.06 (Allowable Land Uses and Permit Requirements by Land Use Category). For purposes of determining permit requirements and standards as established by this Section, the size of the SEF shall be measured as the total area of the facility inclusive of components and subsystems that, in combination, convert or store solar energy into electric energy suitable for use, unless otherwise noted.

2.

Land Conservation Act. Permit requirements of this Section (22.14.100) shall apply to proposed SEFs on land subject to a Land Conservation Act contract within an RE Combining Designation as follows.

a.

If a proposed SEF is greater than 10 acres in total area within an RE Combining Designation and is subject to a Land Conservation Act Contract:

(1)

The project shall be ineligible for the permit requirements established by this Section (22.14.100) but may elect to comply with standards of this section to streamline other aspects of project review.

(2)

The project shall require a Minor Use Permit (or Conditional Use Permit if otherwise required by Chapter 22.32 or the County's Rules of Procedure to Implement The California Land Conservation Act of 1965 (Table 2)).

(3)

The project shall comply with the County's Rules of Procedure to Implement The California Land Conservation Act of 1965 (Table 2), individual Contracts, the provisions of the Land Conservation Act itself and any changes that may be made to it.

b.

If a proposed SEF is 10 acres or less in total area and subject to a Land Conservation Act contract within an RE Combining Designation, the project may be is allowable if the proposed SEF meets the site eligibility criteria for SEFs in Chapter 22.32 (Energy-Generating Facilities).

c.

If a proposed SEF is 10 acres or less in total area and subject to a Land Conservation Act contract within an RE Combing Designation, but is inconsistent with the site eligibility criteria for Tier 1 SEFs in Chapter

22.32 (Energy-Generating Facilities), the project may qualify as Tier 2 SEF if the proposed SEF meets the site eligibility criteria established in this Section (22.14.100).

3.

The standards of this Section shall not apply to proposed SEFs that meet the following criteria. When a proposed SEF does not meet any of the following criteria, the project shall be subject to permit requirements of Chapter 22.32 (Energy-Generating Facilities) or other applicable sections of this Title:

a.

Include energy transmission or distribution facilities within an RE Combining Designation and involve easements over parcels outside of an RE Combining Designation.

b.

Require new transmission lines to tie in to the electric grid.

c.

Are considered accessory energy-generating facilities or Tier 1 solar electric facilities, which are allowable uses as regulated by Chapter 22.32 (Energy-Generating Facilities).

d.

Sited on Prime Farmland, consistent with the areas included in the RE Combining Designation map established by Part IV of the Inland Framework for Planning - Land Use Element.

e.

Located within visual Sensitive Resource Areas.

f.

Parcels subject to conservation easement that prohibit energy-generating facilities.

g.

Parcels in the Recreation (REC) Open Space (OS), Residential Single Family (RSF), Residential Multi Family (RMF) or Residential Suburban (RS) land use designations.

h.

Parcels in the Airport Review (AR) Area.

4.

Other planning area standards. Where Article 9 (Community Planning Standards) or Article 10 (Community Area Standards) apply to a parcel within an RE Combining Designation, the standards of Article 9 and Article 10 shall prevail over the requirements of this Section (22.14.100).

5.

Other combining designations. Projects located within other combining designations shall meet the required findings and standards for those combining designations, including, but not limited to, Flood Hazard Area (FH) and Historic Site (H) Combining Designations.

C.

Application content. Applications for proposed SEFs within the RE Combining Designation shall include descriptive and plan information as necessary to determine compliance with the requirements of this Section 22.14.100 (Renewable Energy Area).

1.

Proposed SEFs eligible for Site Plan Review as determined by part E of this Section shall submit an application form and other information prepared as specified in Chapter 22.60 (Permit Application Filing and Processing), in addition to Sections 22.60.040.B, 22.60.040.D, and 22.62.040 for Site Plan Review. As noted in Section 22.60.040E, the Director may waive some or all application content requirements at the

written request of the applicant if it is demonstrated that the absence of the documentation will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Title.

2.

Proposed SEFs eligible for Zoning Clearance as determined by part E of this Section shall submit application and information required by Sections 22.60.040B and 22.62.030.

3.

Prior to application submittal the applicant shall submit evidence that the neighboring property owners and the applicable advisory groups were notified of the request prior to the submission of the land use permit to the County. This notice shall be provided by the applicant sending a letter using the form provided by the Department of Planning and Building. The letter shall be mailed (via certified mail with return receipt) or delivered at least 10 days prior to application submittal to the applicable advisory group and to all owners of real property within 300 feet as shown on the latest equalized assessment roll.

4.

Proposed SEFs eligible for Site Plan Review as determined by part E of this Section shall be referred to organizations such as and including the California Native Plant Society (CNPS) for review of botanical and biological reports for the proposed project, in addition to other notifications and referrals identified in Subsection 22.60.050.B.

D.

General requirements. The applicable standards for renewable energy technologies described in Chapter 22.32 (Energy-Generating Facilities) shall apply to all renewable energy facilities proposed within the RE Combining Designation. When standards of Chapter 22.32 conflict with this Section, the standards of this Section shall prevail.

E.

Permit requirements. If a ground-mounted SEF is proposed within the RE Combining Designation and meets the criteria of this Section, the project may be eligible for Site Plan Review as described in Subsections 1 - 2. If an SEF is proposed within the RE Combining Designation but does not meet the criteria of this Section, the project is subject to the permit requirements and standards of Chapter 22.32 (Energy-Generating Facilities).

1.

Tier 1 SEF. A proposed SEF that is no more than 20 acres, or that is roof- or structure-mounted, is allowable within and outside the RE Combining Designation subject to Zoning Clearance or Site Plan Review, as established in Chapter 22.32 (Energy-Generating Facilities). No additional streamlining or standards for Tier 1 SEFs are provided in this Section (22.14.100).

If a proposed project is ground-mounted and 20 acres or less in size but does not meet the criteria for a Tier 1 SEF in Chapter 22.32, the project may be eligible for Site Plan Review as a Tier 2 SEF within the RE Combining Designation, as described below in Subsection 2. If a project is proposed within the RE Combining Designation but does not meet the criteria for a Tier 2 SEF as outlined in this Section (22.14.100), the permit requirements and standards of Chapter 22.32 (Energy-Generating Facilities) apply.

2.

Tier 2 SEF. If a proposed SEF meets the following criteria and is 40 acres or less in total area of the facility within the RE Combining Designation, the project may be considered a Tier 2 SEF eligible for Site Plan Review. To be eligible for Site Plan Review within the RE Combining Designation as a Tier 2 SEF, a proposed project must be consistent with the following criteria:

a.

Is proposed on a parcel included in any land use category (vacant or not), except for Open Space (OS), or Recreation (REC), Residential Single Family (RSF), Residential Multi Family (RMF) or Residential Suburban (RS).

b.

In the Agriculture (AG) land use category, is not sited on any type of Important Agricultural Soils as defined in the Conservation and Open Space Element, unless sited on Important Agricultural Soils that are designated as solely Highly Productive Rangeland Soils by the Conservation and Open Space Element. The proposed project may be located on solely Highly Productive Rangeland Soils or sited on other areas of the parcel without any Important Agricultural Soils.

c.

Complies with all development standards of Subsection F of this Section.

If a proposed project is 40 acres or less in size within the RE Combining Designation but does not meet the criteria for a Tier 2 SEF as outlined in this Section (22.14.100), the permit requirements and standards of Chapter 22.32 apply and no alternative requirements are available within the RE Combining Designation.

3.

Tier 3 SEFs. A solar electric facility that is greater than 40 acres or does not meet the criteria in Subsections 1 -2 is considered a Tier 3 SEF and shall require a Minor Use Permit where allowable, as identified by Chapter 22.32 (Energy-Generating Facilities). No alternative requirements or streamlining for Tier 3 SEFs apply within the RE Combining Designation.

F.

Development standards. In addition to applicable site criteria in Subsections E(2) - E(4), proposed groundmounted SEFs within the RE Combining Designation eligible for Site Plan Review shall comply with all standards in Section 22.32.030.B-D, 22.32.040.A, 22.32.040.B, 22.32.040.D, and 22.32.050.B-D of this Title, in addition to the following, as applicable:

1.

Requirements of this section do not preclude authorities and requirements of other local, state, and federal agencies, including, but not limited to, the San Luis Obispo County Air Pollution Control District, California Department of Fish and Wildlife, California Department of Transportation, United States Fish and Wildlife Service, and the United States Army Corps of Engineers.

2.

If Botanical Reports or Biological Reports prepared as part of the proposed SEF permit application indicate the presence or potential presence of state or federally listed wildlife or plant species or designated critical habitat, the permit requirements and standards of Chapter 22.32 (Energy-Generating Facilities) apply and no alternative requirements are available within the RE Combining Designation. Exceptions to this requirement may apply to ground-mounted SEFs less than 40 acres in total project area if the proposed project is located in the San Joaquin Kit Fox Habitat Area and meets the following criteria:

a.

Botanical Reports or Biological Reports do not indicate the presence of additional state or federally listed wildlife or plant species or designated critical habitat on or adjacent to the project site.

b.

The project site of the proposed SEF is less than 40 acres in area, measured as total project site inclusive of total site disturbance. For all other purposes of determining consistency with standards of this Section (22.14.100), the area of the SEF shall be calculated as otherwise directed by Subsection 22.14.100.B1.

c.

The project complies with the standard mitigation ratio and all applicable kit fox conditions for grading and building plans set forth by the Director.

3.

Ground-mounted SEFs that propose fencing where sensitive wildlife is present shall include wildlife-friendly fencing that is raised 18 inches from the ground with a smooth-bottom wire, and shall be no greater than 42 inches in height and allows for the free movement of species.

4.

Ground-mounted SEFs proposed on remediated brownfield sites (areas that have been developed for industrial or commercial purposes, polluted, and then abandoned or underused before remediation); or SEFs proposed on disturbed areas with site disturbance such as grading, paving, development, or other improvements shall meet the following:

a.

The Site Plan Review application shall include a Habitat Assessment or a Biological or Botanical Report per section 22.14.100 (F)(2) prepared by a qualified biologist.

b.

Provide setbacks from any special-status plant species and habitat that could support special-status plant or wildlife species as specified in the Habitat Assessment for the proposed project, including federally and state-listed Threatened and Endangered, Candidate, and Rare Species; California Species of Special Concern; California Fully Protected Species; and California Rare Plant Rank 1B and 2 plants.

5.

Ground-mounted SEFs shall be set back a minimum of 500 feet from any of the following identified on the site, if identified in the Biological Report, required by Section 22.60.040 of this Title:

a.

Sensitive vegetation and habitat that could support special-status species.

b.

Special-status species that could occur on the site or adjacent properties.

6.

Ground-mounted SEFs shall be set back a minimum of 50 feet from any seasonal or perennial wetlands, drainages, vernal pools, or any other potentially jurisdictional features.

7.

Ground-mounted SEFs shall provide a Archeological Report to demonstrate avoidance of any historical resources or unique archeological resources. The Archeological Report shall include the following information:

a.

California Historic Resource Information Center (CHRIS) search to identify previous projects and previous resources identified in the project.

b.

Archival map research to identify overall sensitivity for historic-era resources as well as locations of built resources of at least 45 years of age.

c.

Where these studies identify any potential resources on the proposed project site, the applicant shall also submit the following:

(1)

One hundred percent (100%) field survey of the proposed project area where all identified resources are recorded on forms required by the State Historic Preservation Officer (SHPO).

(2)

Correspondence with Native American contacts provided by the Native American Heritage Commission (NAHC) and a search of the sacred lands database maintained by the NAHC to identify sensitive resources.

(3)

A technical report presenting the results of these studies, the identification of any resources that might be historic resources, and management and treatment recommendations for these resources in a report format meeting SHPO guidelines to identify measures the project would employ to avoid direct or indirect impacts to any potential resources.

8.

When landscaping is required, it shall include drought-tolerant, non-invasive species to avoid or minimize watering requirements, be compatible with the surrounding native vegetation, and include at least 80 percent native species.

9.

In the Agriculture (AG) land use category, SEFs proposed on active agricultural uses or SEFs proposed on Highly Productive Rangeland, as defined in the Conservation and Open Space Element, shall meet the following:

a.

For projects proposed on land in an active agricultural use, the project shall provide an open space easement (or, if requested by the applicant, a conservation easement) in consultation with the Agriculture Department, which shall be on land that supports grazing or uses similar to those within the project site that would be lost due to the proposed project and is located within San Luis Obispo County at a 1:1 ratio, located on land that can support agricultural uses at the same intensity as the affected agricultural uses.

The open space easement may be located at the proposed project site or on a parcel other than the proposed project site:

b.

SEFs proposed on Highly Productive Rangeland should be sited to minimize impacts to Important Agricultural Soils to the maximum extent feasible, in consultation with the Agriculture Department. Where that is not feasible, SEFs proposed on Highly Productive Rangeland Soils shall provide an open space easement (or, if requested by the applicant, a conservation easement) in consultation with the Agriculture Department, which shall be at a 1:1 ratio on Highly Productive Rangeland Soils or other Important Agricultural Soils of comparable suitability for agricultural production. The open space easement may be located at the proposed project site or on a parcel other than the proposed project site.

c.

To determine the suitability of proposed easement sites for purposes of addressing the conversion of agricultural uses or Highly Productive Rangeland, the Agriculture Department shall evaluate criteria related to the intensity and suitability of the site for agriculture, including, but not limited to, soil capability, available water supply, existing on-site land uses, parcel size, and land use designation.

d.

If a proposed SEF demonstrates dual-use design measures that ensure the long-term productivity of agricultural uses on site, or protects agricultural uses or Highly Productive Rangeland Soils through other means, the SEF is allowable without an open space easement through a Minor Use Permit in consultation with the Agriculture Department. Techniques to allow for continuation of agriculture uses (dual-use) or protection of Highly Productive Rangeland Soils may vary based on underlying parcel and site characteristics, but can be achieved through multiple design features. Examples include, but are not limited to:

(1)

The installation of SEFs on poles with no disturbance to soils or crops,

(2)

Elimination of concrete bases, or

(3)

Mounting panels off the ground using other technologies while continuing agricultural uses or protecting soils underneath.

10.

Proposed SEFs shall be sited to be screened from residences and roadways to the maximum extent feasible using existing site features such as natural topography, vegetation, and structures. Where a proposed project cannot be screened using existing features, the project shall provide additional landscaping, screening, or wildlife-friendly fencing where the project abuts public roads.

(2015, Ord. 3291)

A.

Purpose. The Sensitive Resource Area (SRA) combining designation is applied to areas of the county with special environmental qualities, or areas containing unique or endangered vegetation or habitat resources. The purpose of these combining designation standards is to require that proposed uses be designed with consideration of the identified sensitive resources, and the need for their protection.

B.

Applicability of standards. The standards of this Section apply to all uses requiring a land use permit that are located within a SRA combining designation, except agricultural uses not involving buildings, agricultural accessory buildings exempted from permit requirements by Section 22.06.040.E, and one single-family dwelling on a single lot of record.

C.

SRA permit and processing requirements. The land use permit requirements established by Section 22.06.030 (Allowable Land Uses and Permit Requirements), and Article 4 (Standards for Specific Land Uses), are modified for the SRA combining designation as follows:

1.

Initial submittal. The type of land use permit application to be submitted shall be as required by Section 22.06.030, Article 4, or by planning area standards (Article 9). The application will be used as the basis for an environmental determination in compliance with Subsection C.3, and depending on the result of the environmental determination, the applicant may be required to amend the application to a Conditional Use Permit application as a condition of further processing of the request (see Subsection C.4).

2.

Application content. Land use permit applications for projects within a SRA shall include a description of measures proposed to protect the resource identified by the Land Use Element (Part II) area plan.

3.

Environmental determination. When a land use permit application has been accepted for processing as set forth in Section 22.60.050.A (Determination of Completeness), it shall be subject to an environmental determination in compliance with the California Environmental Quality Act (CEQA).

4.

Final permit requirement and processing.

a.

If an environmental determination results in the issuance of a proposed negative declaration, the land use permit requirement shall remain as established for the initial submittal.

b.

If an environmental impact report is required, the project shall be processed and authorized only through Conditional Use Permit approval (Section 22.62.060).

5.

Required findings. A Minor Use Permit or Conditional Use Permit application within a SRA shall be approved only where the Review Authority can make the following required findings:

a.

The development will not create significant adverse effects on the natural features of the site or vicinity that were the basis for the SRA designation, and will preserve and protect such features through the site design.

b.

Natural features and topography have been considered in the design and siting of all proposed physical improvements.

c.

Any proposed clearing of topsoil, trees, or other features is the minimum necessary to achieve safe and convenient access and siting of proposed structures, and will not create significant adverse effects on the identified sensitive resource.

d.

The soil and subsoil conditions are suitable for any proposed excavation; site preparation and drainage improvements have been designed to prevent soil erosion and sedimentation of streams through undue surface runoff.

D.

Minimum site design and development standards. All uses within a SRA shall conform to the following standards:

1.

Surface mining is not permitted except in areas also included in an Energy and Extractive Resource Area combining designation by the Land Use Element. Where the dual designation exists, surface mining is allowed only after approval of surface mining permit and reclamation plan, approved in compliance with Chapter 22.36.

2.

Shoreline areas may not be altered by grading, paving, or other development of impervious surfaces for a distance of 100 feet from the mean high tide line, 75 feet from any lakeshore, or 50 feet from any stream bank, except where authorized through Conditional Use Permit approval. Where the requirements of the California Department of Fish and Game or other public agency having jurisdiction are different, the more restrictive regulations shall apply.

3.

Construction and landscaping activities shall be conducted to not degrade lakes, ponds, wetlands, or perennial watercourses within an SRA through filling, sedimentation, erosion, increased turbidity, or other contamination.

4.

Where an SRA is applied because of prominent geological features visible from off-site (such as rock outcrops), those features shall be protected and remain undisturbed by grading or development activities.

5.

Where an SRA is applied because of specified species of trees, plants or other vegetation, such species are not to be disturbed by construction activities or subsequent operation of the use, except where authorized by Conditional Use Permit approval.

[Amended 1986, Ord. 2250; 1992, Ord. 2553; 2015, Ord. 3291] [22.07.160 to 166]

Editor's note— Ord. No. 3291, § 11, adopted March 24, 2015, renumbered §§ 22.14.100—22.14.120 as 22.14.110—22.14.130.

22.14.120 - Transfer of Development Credit Sending Site (TDCS).

The TDCS combining designation is used to identify areas of the county which have a recorded conservation easement or other instrument that qualifies under either the Open Space Easement Act or the Conservation Easement Act, granted in perpetuity to a qualified public or private non-profit organization created for the purposes of protecting and managing resources.

A TDCS combining designation may also be used to describe community-based TDC programs defined by Framework for Planning, Part I of the Land Use Element. Community-based TDC program areas are not required to have a conservation or other instrument recorded over the property. The geographic boundaries of an individual community-based program areas are described in the "Combining Designations" chapter of each area plan. The specific requirements and conditions of each community-based TDC program can be found in Article 9 (Community Planning Standards).

[Added 1996, Ord. 2776; 2015, Ord. 3291] [22.07.180]

Editor's note— See editor's note, § 22.14.110.

22.14.130 - Transfer of Development Credit Receiving Site (TDCR).

The TDCR combining designation is used to identify sites where a recorded parcel or final map used transferred development credits to achieve a higher density than what would otherwise allowed for the applicable land use category.

A TDCR combining designation may also be used to describe community-based TDC programs defined in Framework for Planning, Part I of the Land Use Element. Community-based TDC program areas may not involve a recorded parcel or final map. The geographic boundaries of an individual community-based program area are described in the "Combining Designations" chapter of each area plan. The specific requirements and conditions of each community-based TDC program can be found in Article 9 (Community Planning Standards).

[Added 1996, Ord. 2776; 2015, Ord. 3291] [22.07.190]

Editor's note— See editor's note, § 22.14.110.

Chapter 22.16 - LANDSCAPING STANDARDS