§ 22.22 — San Luis Obispo County Planning Code

22.22.010 - Purpose. ¶

The standards of this Chapter determine the minimum size for lots created through new land divisions in each land use category. Procedures and additional standards for dividing land are in Title 21 of this code. By refining the parcel size ranges set in the Land Use Element for each land use category, these standards determine site specific minimum parcel sizes for new lots that are consistent with the General Plan, in compliance with Government Code Section 66473.5.

[Amended 1992, Ord. 2553] [22.04.020]

22.22.020 - Applicability. ¶

The minimum parcel size criteria of this Chapter are used to evaluate proposed land divisions to determine what parcel size may be appropriate in the specific case. The discretionary authority to approve a proposed land division is assigned by the Real Property Division Ordinance (Title 21 of this code). A decision to approve or disapprove a land division will be substantially based on the provisions of this Chapter, however a parcel size larger than the minimum defined through the application of the tests provided in this Chapter may result from the consideration of information developed through analysis of the specific proposal, its site and vicinity, environmental review of the proposal as required by the California Environmental Quality Act (CEQA), public hearing testimony and any potential specific, adverse impacts.

A.

When used. The standards of this Chapter shall be used to determine the allowable area for new lots, and to determine the conformity or nonconformity of the size of existing lots with the provisions of this Title, except as follows:

1.

Where planning area standards (Article 9) set minimum parcel size requirements for specific areas of the county, the planning area standards control instead of the provisions of Sections 22.22.040 through 22.22.130.

The standards of Sections 22.22.040 through 22.22.130 do not determine the minimum site area required for a new use on an existing lot, unless specifically referred to elsewhere in this Title. Standards for the site design of new uses not involving land divisions begin with Section 22.22.110 (Minimum Site Area).

B.

Area measured. For the purpose of determining whether existing or proposed parcels satisfy the standards of this Chapter for the minimum parcel size, net site area (as defined in Article 8 as "Site Area, Net") shall be used in all cases, except that:

1.

Lots one acre or larger after division may use gross site area (see the definition in Article 8) where existing or proposed abutting rights-of-way are owned in fee, and the difference between net and gross site area of the proposed parcel is less than 10 percent.

2.

A subdivision with lots that are proposed to provide any of the following features may include their area in the calculation of net site area for the adjacent lot:

a.

10 additional feet of dedication on each side of the street, improved with fixed-width parkways between curb and sidewalk, or meandering sidewalks that vary the parkway separation between the curb and the sidewalk, where in either case the parkway is landscaped with one or more street tree for each 50 feet of frontage, and turf or low maintenance plants; and

b.

Equestrian trails.

3.

Within a domestic reservoir watershed, no land within a horizontal distance of 200 feet from the reservoir impoundment, as determined by the spillway elevation, shall qualify for computing parcel size or for the siting of septic systems.

==> picture [420 x 174] intentionally omitted <==

Figure 22-1: Gross and Net Parcel Area

C.

Parcel size within domestic reservoir watersheds. The minimum size for new parcels within a domestic reservoir watershed shall be 2.5 acres, except where:

1.

Sections 22.22.040 through 22.22.130 would require a larger parcel size; or

2.

A proposed parcel is located within a cluster division in compliance with Section 22.22.140 with a maximum density of 2.5 acres or more per dwelling unit; or

3.

A proposed parcel will be served by an approved community sewage collection, treatment and disposal system.

D.

Transfer of Development Credit Program. Where parcels proposed for division are located outside of urban or village reserve areas, the provisions of Section 22.24.070. B.2. apply, in addition to the requirements set forth in Chapter 22.22.

E.

Workforce housing subdivisions. The minimum parcel size for workforce housing subdivisions is determined by Section 22.30.477 (Residential - Workforce Housing Subdivisions).

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1985, Ord. 2217; 1992, Ord. 2553; 1999, Ord. 2880; 2011, Ord. 3212; 2012, Ord. 3233] [22.22.021]

22.22.030 - Information Used in Determinations. ¶

Where minimum parcel size standards are based upon physical or geologic characteristics of land, the information used in the parcel size determination may be obtained from either:

A.

The information on such land features on file in the Department; and/or

B.

Alternate information prepared and certified by a registered civil engineer, registered geologist, licensed land surveyor, or other cartographic professional, or developed through preparation of a project EIR, in which case the EIR information shall be used instead of the other alternatives identified by this Section unless the information within the EIR is shown to be erroneous through further, more comprehensive study.

[Amended 1982, Ord. 2063] [22.04.022]

22.22.040 - Agriculture Category. ¶

This Section contains three methods for determining minimum parcel size in the Agriculture land use category. Each proposed parcel must be able to qualify for the requested minimum parcel size using all tests within Subsections B. or C. The applicant will disclose as part of the application which Subsection (either B or C) is being used to determine the minimum parcel size for each of the proposed parcels. If the parcel is under agriculture preserve contract, Subsection D. applies.

A.

Purpose. The purpose of this Section is to establish a set of regulations applicable to the division of land within the Agriculture land use category. In addition to complying with the standards set forth in this Section and all applicable policies of the general plan, proposed land divisions shall be specifically evaluated for consistency with the policies of the Agriculture and Open Space Element as follows:

1. Agricultural land divisions.

a.

Where a division of agricultural lands is proposed, a cluster division where homes are clustered in a compact manner which reduces the agricultural/residential interface, is an alternative to a conventional "lot split" land division.

b.

Where a division is proposed, the proposed parcels should be of adequate size and design to ensure the long term protection of agricultural resources.

2.

Minimum parcel size criteria for the division of Agricultural lands. Minimum parcel sizes for the proposed division of land designated Agriculture shall be based upon either the existing or potential use of the land for cropland and grazing.

3.

Discretionary approval. The approval of a land division is discretionary and a parcel size larger than the minimum designated in the following Subsections may be required to ensure agricultural capability in accordance with the provisions of the adopted Agriculture and Open Space Element of the general plan.

B.

Size based upon existing use. Where a legal lot of record is developed with agricultural uses at the time of application for land division, the minimum size for a new parcel shall be the largest area determined by the following tests:

1.

Use test. The minimum size for new parcels with existing agricultural uses shall be based on the type of existing agricultural use, as follows. Where a site contains more than one agricultural use, each new parcel shall satisfy the minimum parcel size for the qualifying agricultural land use.

a.

Crop production:

Agricultural Land Use	Minimum Parcel Size
Irrigated row crops, specialty crops, nurseries, feld crops, orchards and vineyards (examples: vegetables, strawberries, cut fowers and fower seed, avocados, kiwi, other fruits and nuts, wine grapes)	40 acres; except parcels may be as small as 20 acres as provided in Subsection b.
Irrigated pasture, grain and hay (examples: alfalfa, irrigated grain and hay) and Dry Farm orchards, vineyards	40 acres1(80 acres)1
Dry Farm feld crops (examples: beans, specialty feld crops) and grain and hay (examples: barley, wheat, oats, hay)	160 acres
Grazing	320 acres

Notes:

1.

A larger minimum parcel size (80 acres) may be required where that parcel size will ensure agricultural capability in accordance with the provisions of the Agriculture Preserve Rules of Procedure and the adopted Agriculture and Open Space Element of the general plan

b.

Proposed parcel size. Proposed parcels less than 40 acres, but no smaller than 20 acres, may be proposed if all of the following criteria are met for each proposed parcel:

(1)

The proposed parcels must be Class I or II soils irrigated, or other soils listed as prime by NRCS;

(2)

There must be at least 18 acres or 90 percent of the acreage of the total site, whichever is larger, planted in irrigated row crops, specialty crops, field crops, orchards or vineyards (as defined in the preceding Table);

(3)

There must be a production water source currently installed;

(4)

That 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 owner(s) agrees on their behalf and all successors in interest to the parcel that, unless a Land Use Element amendment is first approved to change the classification of the site to a land use category other than Agriculture, approval or establishment of more than one residential use (other than agricultural worker housing) on the parcel will not be requested and cannot be approved. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board; and

(5)

The resulting parcels must enter into a Williamson Act agricultural preserve contract in accordance with the county Rules of Procedure. Separate sale of parcels of record must be in compliance with Table 1 of the Agriculture Preserve Rules of Procedure.

c.

Agricultural processing. The minimum size for a new parcel with established agricultural processing facilities and structures shall be 20 acres on sites with soils having a Natural Resource Conservation Service (NRCS) classification of I, II or III, and 5 acres on soils with an NRCS classification of IV through VII,

provided that any parcel approved with less than 20 acres shall be subject to the requirements of this Subsection. The creation of parcels smaller than 20 acres shall not be allowed on properties subject to agricultural preserve contract.

1.

Application content. The land division application shall be accompanied by a statement from the applicant explaining why it is necessary to segregate the existing agricultural processing facility from the surrounding ownership, and how such segregation will support the intensification of agricultural use on the remainder of the property.

2.

Residential use prohibited. No residential use shall be established on a parcel approved for an agricultural processing facility with less than 20 acres.

3.

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 an agreement is made on behalf of the current owner(s) and all successors in interest to the parcel that, unless a Land Use Element amendment is first approved to change the classification of the site to a land use category other than Agriculture, no request for approval a residential use on the parcel will be filed, and no residential use will be established on the parcel. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

4.

Required findings. No parcel smaller than 20 acres shall be approved in compliance with this Section unless the Board first finds that the proposed parcel being smaller than surrounding agricultural holdings will have no adverse effect on the continuing agricultural use of parcels adjacent to and in the vicinity of the site, and that the applicant has demonstrated the capability of the agricultural processing use.

5.

Change of use. After approval of a parcel smaller than 20 acres in compliance with this Section, Conditional Use Permit shall be required to authorize any change of the use that justified the small parcel to another use.

C.

Size based upon land capability. Where a legal lot of record in the Agriculture category is not developed with an agricultural use at the time of application for land division, or where an applicant chooses this Subsection as the basis for determining allowable minimum parcel size, the minimum area for each new parcel is the largest determined by the following test:

1.

Land capability test. The minimum parcel size for new parcels shall be based on the Natural Resources Conservation Service (NRCS) classification, as set forth in the following table. Where a site contains more than one soil classification, each new parcel shall satisfy the minimum parcel size for the qualifying NRCS classification.

NRCS Classifcation1	Minimum Parcel Size
	Irrigated1	Non-irrigated
Class I or II	20 acres2	N/A
Class III or IV	40 acres3(80 acres)3	160 acres
Class VI, VII or VIII	320 acres	320 acres
Notes: 1. Irrigated - as defned in the Agriculture and Open Space Element (Appendix G-8) using an installed production water source from underlying ground water basins, permitted, riparian or other appropriative water rights that would deliver adequate, reliable water. 2. Proposed parcels may be as small as 20 acres if planted and if all of the criteria in Subsection B.1.b. are met. If the criteria in Subsection B.1.b are not satisfed, a minimum parcel size of at least 40 acres shall be required. 3. A larger minimum parcel size (80 acres) may be required where that parcel size will ensure agricultural capability in accordance with the provisions of the Agriculture Preserve Rules of Procedure and the adopted Agriculture and Open Space Element of the general plan.

D.

Size based on agricultural preserves. Where a legal lot of record in the Agriculture category is under Williamson Act agricultural preserve contract, the minimum parcel size is based on Subsections B and C, unless a larger minimum parcel size is specified in the terms of an existing Williamson Act agricultural preserve contract.

Declaration of restrictions required. For any land divisions in the Agriculture land use category, 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 he agrees on behalf of himself and all successors in interest to the parcel that the property is within the Agriculture land use category and the county has adopted a "Right to Farm Ordinance" that protects agricultural operations. The declaration of restrictions shall not be amended or terminated without the prior approval of the Board.

[Amended 1986, Ord. 2250, 2290; 1992, Ord. 2553; 2004, Ord. 3036; 2020, Ord. 3417] [22.04.024]

22.22.050 - Rural Lands Category. ¶

The minimum parcel size for new lots in the Rural Lands category is based upon site features including: remoteness, fire hazard and response time, access and slope. Minimum parcel size is determined by applying the following tests to the site features as described in Subsections A. through D. The allowable minimum size is the largest area obtained from any of the tests, except as provided for cluster divisions by Section 22.22.140.

A.

Remoteness test. The minimum parcel size shall be based upon the distance of the parcel proposed for division from the nearest urban or village reserve line. Such distance shall be measured on the shortest public road route between the reserve line and the site. Private roads shall be included in such measurements only when they provide the only access to the site from a public road. When a lot proposed for division is within the distances given from more than one reserve line, the smallest parcel size shall be used as the result of this test.

Distance (Road Miles)	Distance (Road Miles)	Minimum Parcel Size
From Urban Reserve Line	From Village Reserve Line
26+	16+	320 Acres
21-25	11-15	160 Acres
16-20	6-10	80 Acres
11-15	0-5	40 Acres
0-10	N.A.	20 Acres

B.

Fire hazard/response time test. The minimum parcel size shall be based on the degree of fire hazard in the site vicinity, and the response time. Response time is the time necessary for a fire protection agency to receive the call, prepare personnel and fire equipment for response, dispatch appropriate equipment, and deliver the equipment and personnel to each proposed parcel from the nearest non-seasonal fire station. Fire hazard is defined by the Safety Element of the General Plan; response time is determined by the fire protection agency having jurisdiction.

Response Time (1) Minimum Parcel Size

	Moderate Hazard (2)	High Hazard (3)

15 Minutes or Less	20 Acres	20 Acres
More than 15 Minutes	20 Acres	160 Acres

;sz=8q;Notes:

(1)

Determined by applicable fire protection agency.

(2)

As defined by the Safety Element.

(3)

Includes the high and very high fire hazard areas of the Safety Element.

Access test.

1.

General access test rules. The minimum parcel size is based upon the type of road access to the parcel proposed for division, provided that the proposed parcels will use the road considered in this test for access, either by way of individual or common driveways. Where access to a parcel is over roadways with differing quality of improvement, the minimum size is as required for the road with the least improvement.

2.

Timing of improvements and right-of-way availability. If the improvements do not exist at the time of the subdivision application, the conditions of approval for the tentative map shall require the construction of access improvements which meet the minimum requirements specified by this Section. Additional right-ofway width may be required to allow for the construction of required improvements. The right-of-way required by the table in Subsection C.4 shall exist as either: (1) an offer to dedicate to the public or (2) as a private easement prior to acceptance of the tentative map application for processing. If the access is a private easement, it may be required to be offered for dedication to the public as a condition of approval of the tentative map.

3.

Conditions of approval for improvements and maintenance. In the event that a land division application is approved, the extent of on-site and off-site road improvements required as a condition of approval, and acceptance of the new road for maintenance by the county may vary. This will depend on the parcel size proposed and the requirements of county standards and specifications in effect at the time the tentative map is approved. Paved roads will be required when:

a.

The access road is identified as a collector or arterial by the Circulation or Land Use Element; or

b.

The road will have the potential to serve 20 or more lots or the road will have the potential to experience a traffic volume of 100 or more average daily trips (ADT), based on the capability for future land divisions and development in the site vicinity as determined by the Land Use Element. In the event it is determined by staff that a road will serve 20 or more lots, or will experience 100 ADT or more, the basis for such a determination shall be explained in the staff report on the subdivision.

4.

Parcel size criteria. Minimum parcel size based on the access test shall be determined as shown in the following table (an existing road which is improved to higher standards than those specified in the table will also satisfy the following criteria).

Minimum Parcel Size	Access Standards
	Right-of-Way	Surfacing	Maintenance
320 Acres	Private easement (3)	Improved access (3)	Private maintenance
160 Acres	Private easement (3)	All weather road (2)	Private maintenance
80 Acres	Minimum 40 foot ROW to county road	All weather road (2)	Private maintenance
40 Acres	Minimum 40 foot ROW to county road	County standard gravel road (1)	Organized maintenance (2)
20 Acres	Minimum 40 foot ROW to county road	County standard gravel road (1)	Organized maintenance (2)

;sz=8q;Notes:

(1)

A County Standard Gravel Road is a road that satisfies or has been constructed to meet the specifications for a gravel road set forth in the county's "Standard Specifications and Drawings."

(2)

An All-Weather Road is a road which can provide year-round access without interruption along a public road that has been established for or is utilized by the public. Organized maintenance is by an organized group of property owners through an association which collects fees and contracts for repairs.

(3)

An improved access road is a road which is passable but may be subject to closure during certain times of the year. A private easement is a road that is not open to the public.

Slope test. Site slope shall be measured as defined in Article 8 (Definitions - Slope).

Average Slope	Minimum Parcel Size	Minimum Parcel Size
	Outside GSA	Inside GSA (1)
over 30%	80 acres	160 acres
0 - 30%	20 acres	80 acres

Notes:

(1)

Geologic Study Area combining designation.

[Amended 1982, Ord. 2091; 1984, Ord. 2198; 1988, Ord. 2367; 1992, Ord. 2553; 1994, Ord. 2696] [22.04.025]

22.22.060 - Residential Rural Category. ¶

The minimum parcel size for new lots in the Residential Rural category is based upon site features including: Remoteness, fire hazard, fire response time, access and slope. Minimum parcel size is determined by applying the following tests to the site features as described in Subsections A. through D. The allowable minimum size is the largest area obtained from any of the tests, except as provided for cluster divisions by Section 22.22.140.

A.

Remoteness test. The minimum parcel size shall be based upon the distance of the parcel proposed for division from the nearest urban or village reserve line, measured on the shortest public road route between the reserve line and the site. Private roads shall be included in the measurement only when they provide the only access to the site from a public road. When a lot proposed for division is within the distances given from more than one reserve line, the smallest parcel size shall be used as the result of this test.

Distance (Road Miles)	Distance (Road Miles)	Minimum Parcel Size
From Urban Reserve Line	From Village Reserve Line
10+	5+	20 acres
5-10	0-5	10 acres
0-5	N.A.	5 acres

B.

Fire hazard is defined by the Safety Element of the General Plan; response time is determined by the fire protection agency having jurisdiction.

Response Time (1)	Minimum Parcel Size
	Moderate Hazard (2)	High Hazard (3)
15 Minutes or Less	5 acres	5 acres
More than 15 Minutes	10 acres	20 acres

Notes:

(1)

Determined by applicable fire protection agency.

(2)

As defined by the Safety Element.

(3)

Includes the high and very high fire hazard areas of the Safety Element.

Access test.

1.

2.

3.

acceptance of the new road for maintenance by the county may vary. This will depend on the parcel size proposed and the requirements of county standards and specifications in effect at the time the tentative map is approved. Paved roads will be required when:

a.

Parcels of less than five acres are proposed; the access road is identified as a collector or arterial by the Circulation or Land Use Element; or

b.

4.

Minimum Parcel Size	Access Standards
	Right-of-Way	Surfacing	Maintenance
20 Acres	Minimum 40 foot ROW to county road	County standard gravel road (Note 1)	Organized maintenance (Note 2)
10 Acres	Minimum 40 foot ROW to county road	County standard gravel road (Note 1)	Organized or public maintenance (Note 2)
5 Acres	Minimum 40 foot ROW to county road	County standard gravel road (Note 1)	Organized or public maintenance (Note 2)

Notes:

(1)

A County Standard Gravel Road is a road that satisfies or has been constructed to meet the specifications for a gravel road set forth in the county's "Standard Specifications and Drawings." Public maintenance means that the road is maintained by the state, county, or special district.

(2)

Organized maintenance is by an organized group of property owners through an association which collects fees and contracts for repairs.

D.

Slope test. Site slope shall be measured as defined in Article 8 (Definitions - Slope).

Average Slope	Minimum Parcel Size	Minimum Parcel Size
	Outside GSA	Inside GSA (1)
Over 30% 16-30% 0-15%	10 Acres 7 Acres 5 Acres	20 Acres 10 Acres 5 Acres

;sz=8q;Notes:

(1)

Geologic Study Area combining designation.

[Amended 1982, Ord. 2091; 1984, Ord. 2198; 1988, Ord. 2367; 1992, Ord. 2553; 1994, Ord. 2696] [22.04.026]

22.22.070 - Residential Suburban Category. ¶

The minimum size for new parcels in the Residential Suburban category is based upon the terrain of the proposed lots, and the type of water and sewage disposal facilities to be used. Minimum parcel size is determined by applying the tests of this Section to the features of the parcels to be created. The allowable minimum size is the largest area obtained from any of the tests, except as provided for cluster divisions by Section 22.22.140.

A.

Slope test. Site slope shall be measured as defined in Article 8 (Definitions - Slope).

Average Slope	Minimum Parcel Size	Minimum Parcel Size
	Outside GSA	Inside GSA (1)
Over 30% 16-30% 0-15%	3 Acres 2 Acres 1 Acre	5 Acres 2.5 Acres 1 Acre

;sz=8q;Notes:

(1)

Geologic Study Area combining designation.

B.

Water and sewer test. The minimum parcel size shall be based upon the type of water supply and sewage disposal facilities to serve the proposed parcels, as follows:

Water Supply	Minimum Parcel Size
	Without Community Sewer	With Community Sewer
Individual well	2.5 Acres	1 Acre
---	---	---
Community water	1 Acre	1 Acre

[Amended 1992, Ord. 2553] [22.04.027]

22.22.080 - Residential Single-Family and Multi-Family Categories. ¶

The minimum parcel size is based upon the type of public road serving the property proposed for division, terrain features, and the type of sewage disposal facilities to be used for the parcels to be created. Minimum parcel size is determined by applying the three tests of this Section to the features of the parcels to be created. The allowable minimum size is the largest area obtained from any of the tests, except as provided by Subsection D. for condominium-type projects, and except for cluster divisions in compliance with Section 22.22.140. Community water service is a prerequisite to land division in the Residential SingleFamily and Multi-Family categories in every case.

A.

Lot access test. The lot size test considers both the type of public roadway providing vehicular access to the site and roads to be constructed with the land division. If more than one public street would serve a proposed parcel, this access standard shall be applied only to the street that actually provides vehicular access.

Road Type (1)	Minimum Parcel Size
Arterial	20,000 sf
Collector	10,000 sf
Local	6,000 sf

;sz=8q;Notes:

(1)

As identified by the Land Use Element (Part II).

B.

Slope test. Site slope shall be measured as an average for each proposed parcel, as defined in Article 8 (Definitions - Slope).

Average Slope	Minimum Parcel Size	Minimum Parcel Size
	Outside GSA	Inside GSA (1)
Over 30% 16-30% 0-15%	20,000 Sq. Ft. 8,500 Sq. Ft. 6,000 Sq. Ft.	1 Acre 15,000 Sq. Ft. 6,000 Sq. Ft.

(1)

;sz=8q;Notes:

Geologic Study Area combining designation.

C.

Sewer test. The sewer test considers the type of sewage treatment facilities that will serve the proposed parcels.

Sewage Facility	Minimum Parcel Size
Community Sewer	6,000 Sq. Ft.
Septic Tank Leaching Capacity: 0-5 Minutes/Inch 5+ Minutes/Inch	20,000 Sq. Ft. 1 Acre

D.

Condominiums/Planned Development. A condominium, planned development or similar residential unit ownership project in compliance with Subdivision Map Act Sections 66427 et seq. may use smaller parcel sizes to be determined by the Review Authority through Conditional Use Permit approval as set forth in Section 22.62.060 consistent with Sections 22.22.140 and/or 22.22.145 as applicable, provided that:

1.

The common ownership external parcel is in compliance with the provisions of this Section; and

2.

The density of residential units is in compliance with Section 22.10.130 where the project is located in the Residential Multi-Family category

E.

Condominium conversion. The standards in this Subsection apply to the conversion of an existing residential or nonresidential development into a residential condominium, planned development, stock cooperative or similar residential unit ownership. All conversions shall comply with the California Subdivision Map Act and Title 21 of the County Code in addition to the standards of this Subsection.

1.

Purpose and intent. The purpose of this section is to establish standards for the conversion of rental housing into condominiums that conform to the General Plan and Housing Element, maintain a supply of affordable housing units, retain some rental units, reduce the impact of such conversions on the tenants, facilitate resident ownership of the converted units, ensure that converted housing achieves a high

standard of safety and quality, and inform the prospective buyers of the physical conditions of the structure.

2.

Parcel sizes. As set forth in Subsection 22.22.080D.

3.

Application contents. The Conditional Use Permit application required by Subsection D - Condominiums, shall include all information specified by Article 6 of this Title, in addition to the following:

a.

Impact Report. A report shall be prepared and submitted with the application that describes: the number of households that will be displaced, the numbers of persons residing in all households, the age and income levels for all tenants, the rental rates and vacancy rate of all units for the previous three years, documentation of the community-wide number of rental units with similar rental rates, and the current rental vacancy rate for the urban or village area where the project is located. This information shall be used in the Relocation Plan required in subsection E.5.b.

b.

Property Condition Report. A report shall be prepared by a structural or civil engineer and submitted with the application that contains: a detailed description of the physical condition of the roads, paving, buildings, structures, common areas, recreation features, landscape, utilities and infrastructure, an analysis of property and structural compliance with the current building, fire and land use codes, cost estimates for needed repairs and ongoing maintenance costs, and an estimate of the annual amount of homeowners' association fees.

c.

Tenant Information Package. An information package shall be prepared and submitted with the application. Once the Tenant Information Package is determined by the Planning Director to be complete, the applicant shall provide verification that this package has been distributed to each tenant. The information package shall include the following notification and documents:

(1)

The name and address of developer and/or property owner.

(2)

A copy of the Impact Report and Property Condition Report that are submitted in compliance with subsections E.3.a and b.

(3)

The approximate date that the units shall be vacated if the Conditional Use Permit and tentative map are approved.

(4)

The tenant has the right to continue to rent his or her unit for at least 180 days after the date of approval of the Conditional Use Permit and tentative map.

(5)

A general description of the relocation assistance to be provided pursuant to subsection E.5.

(6)

The tenant has the right to terminate any long term rental lease or agreement that he or she may have with the manager or property owner.

(7)

The approximate sales price of the tenant's unit.

(8)

The tenant has an exclusive right to purchase his or her respective unit upon the same terms that such unit will initially be offered to the general public, or more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the State Department of Real Estate. If no public report is required then the 90 day period shall begin when the final subdivision map is approved by the County.

(9)

Protection from unjust eviction shall be provided to tenants who comply with their rental or lease agreements and with the written regulations of the rental property.

(10)

Once the applicant has issued a notice of "intent to convert," a tenant's rent shall not be increased more than once annually, and such increase shall not exceed the rate of increase in the Consumer Price Index for the same period. Only rate increase terms covered by existing rental or lease agreements are exempt from this provision.

4.

Special noticing requirements. The applicant shall provide evidence, to the satisfaction of the Planning Director, that each tenant has received or will receive each of the following notices and documents, in addition to the notice required by Section 22.70.060.

a.

Notice of intent to convert. A notice of "intent to convert" at least 60 days prior to submittal of the Conditional Use Permit and tentative map application, pursuant to Government Code Section 66427.1. After the notice of "intent to convert" has been issued, the applicant shall inform any new and/or prospective tenants that the County has received the request for approval of a condominium conversion, or

that the condominium conversion request has been granted. The format of this notice shall comply with Government Code Section 66452.8(b), or superseding code.

b.

Submittal notice. A "submittal notice" issued within 10 days of the submittal of an application for a public report to the Department of Real Estate, pursuant to Government Code Section 66427.1. The notice shall indicate that the report will be available on request. No such notice is necessary if a public report is not required.

c.

Approval notice. An "approval notice" within 10 days after the County's approval of the final map, pursuant to Government Code Section 66427.1.

d.

Option to purchase. An "option to purchase" notice that grants the tenant an exclusive right to purchase his or her respective unit upon the same terms that such unit will initially be offered to the general public, or more favorable terms, for a period of at least 90 days after a subdivision public report has been issued by the State Department of Real Estate, pursuant to Government Code Section 66427.1. If no public report is required then the 90 day period shall begin when the final subdivision map is approved by the County.

e.

Termination of tenancy. A "termination of tenancy" notice that provides each tenant a minimum period of 180 days after County approval of the Conditional Use Permit and tentative map to vacate his or her residential unit All relocation assistance to be provided, pursuant to Subsection E.5.a and b, shall be described. The said notice shall be delivered by U.S. mail to each tenant within 10 days of County approval of the Conditional Use Permit and tentative map.

5.

Conditions of approval. Approval of a Conditional Use Permit shall include the following conditions of approval at a minimum.

a.

Affordable Housing: Where the project consists of three (3) or more units, the applicant shall agree to rent or sell 25 percent of the total number of units to low or moderate income households, and a minimum of 50 percent of the affordable units shall be affordable to low income households. The sales prices, rental rates, terms and restrictions for the affordable units shall comply with Section 22.12.030. Existing project residents who are income qualified shall be given priority in acquiring the affordable units, and a lottery shall be used if necessary to determine unit possession. Any existing deed restricted affordable units shall remain in the project, and may be counted towards meeting the project's affordable housing requirements. The affordability period of the existing deed restricted units that are counted to meet the project's affordable housing requirements shall be extended to meet the affordability requirements of this project

pursuant to Section 22.12.030. If the project is subject to the affordable housing requirements of other ordinances or agencies then the most restrictive requirements shall apply.

b.

Relocation assistance. Applicant shall provide each displaced household with a relocation payment of a dollar amount equal to three months rent in the unit currently occupied by that household. Said relocation payment shall be paid at least 30 days before the household vacates its unit.

(1)

Rent Subsidy. For displaced low income households, when the household moves into a comparable unit where the rent is higher than the rent for the unit that the household occupied in the conversion project then the applicant shall pay the difference for a period of one year from the date of relocation. If the Planning Director determines that no comparable unit is available then the applicant shall extend the household's rental agreement for one (1) year beyond the 180 day termination period, at a rental rate determined by the household's income level and Section 22.12.030.

n the conversion project then the applicant shall pay the difference for a period of one year from the date of relocation. If the Planning Director determines that no comparable unit is available then the applicant shall extend the household's rental agreement for one (1) year beyond the 180 day termination period, at a rental rate determined by the household's income level and Section 22.12.030.

A comparable unit is one that is decent, safe, sanitary, and in compliance with all local and state housing codes. A comparable unit has facilities that are equivalent to the household's existing dwelling unit with regards to the following features: a) apartment size including number of rooms; b) rent range; c) major kitchen and bathroom facilities; d) special facilities for the handicapped or senior citizen; and e) willingness to accept families with children. A comparable unit is located in an area no less desirable than the household's existing unit with regards to accessibility to the following features: a) the tenant's place(s) of employment; b) community and commercial facilities; c) schools; and d) public transportation. A unit is not comparable if it is located in a building for which a notice of intent to convert has been given.

(2)

Relocation Plan. The Relocation Plan shall describe the affordable housing or relocation benefits that each tenant will received as a result of the conversion. All affordable housing unit sales, transfer of displaced tenants to new housing and execution of one-year lease agreements shall be completed prior to termination of tenancy of each displaced resident.

c.

Property improvements. Each residential unit shall have separate utility hook-ups and meters (i.e., water, electricity and gas meter for each unit).

d.

Compliance with codes. The property, plus all structures and improvements shall be in substantial conformance with building codes, fire codes, and the standards of the County Public Works. The property, plus all structures and improvements shall be inspected and approved by the Chief Building Official, the fire agency responsible for service, and County Public Works.

e.

Compliance with land use standards. The condominium conversion shall comply with the development standards for new residential projects pursuant to the Land Use Ordinance and Land Use Element. This shall include the standards for unit density, setbacks, landscape and irrigation, fencing, parking and paving. All project elements shall be refurbished and restored as necessary to achieve a high standard of appearance, quality, and safety.

f.

Warranty. Applicant shall provide a one-year warrantee free of charge to the homeowners' association for all project components which are owned or maintained by the association. The applicant shall guarantee the condition of common area items, including but not limited to roads, paving, drainage systems, landscaping, and recreational facilities. The applicant shall also guarantee the condition of all residential and/or common area structures, roofing, foundations, plumbing, electrical, heating, ventilation, mechanical systems and utilities. All of these items shall be guaranteed to be in sound, usable condition for a period of one year from the date of the sale of the last individual unit sold.

g.

Covenants, Conditions, and Restrictions. Covenants, Conditions and Restrictions shall be submitted for review and approval by the County.

h.

Property Condition Report. Applicant shall provide each prospective buyer with a copy of the Property Condition Report before the unit is sold.

6.

Special findings for condominium conversion. A Conditional Use Permit for the conversion of an existing residential development into a residential condominium, planned development, stock cooperative or similar residential unit ownership may be approved only after the Review Authority makes the following findings:

a.

That the total number of residential rental units to be converted to condominium units in any calendar year does not exceed 25 percent of the number of multi-family rental dwellings that were built in the previous calendar year. The converted residential units are not required to be located in the same community as the newly constructed residential rental units.

b.

That the proposed condominium conversion will not create a substantial loss of affordable rental housing stock in the community where the conversion project is located.

[Added 1981, Ord. 2063; Amended 1992, Ord. 2553; 1992, Ord. 2583; 2006, Ord. 3111; 2013, Ord. 3242] [22.04.028]

22.22.090 - Commercial and Office Categories. ¶

This Section establishes minimum parcel size standards for the Office and Professional, Commercial Retail and Commercial Service land use categories. The required area is based upon the availability of community services, as follows:

Type of Sewage Disposal System	Minimum Parcel Size
	Community Water	Individual Well
Community Sewer	6,000 Sq. Ft.	1 Acre
Septic Tank Leaching Capacity: 0-5 Minutes/Inch 5+ Minutes/Inch	20,000 Sq. Ft. 1 Acre	2.5 Acres 2.5 Acres

A commercial condominium, planned development in compliance with Section 66427 et seq. of the Subdivision Map Act, with individual unit ownership, may use smaller parcel sizes to be determined by the Review Authority through Conditional Use Permit approval as set forth in Section 22.62.060, consistent with Section 22.22.145 provided that the common ownership external parcel is in compliance with the provisions of this Section.

[Amended 1992, 2583; 2013, Ord. 3242] [22.04.020]

22.22.100 - Industrial Category. ¶

The minimum parcel size in the Industrial category is based upon whether community water and/or sewer services are available to the site proposed for division.

Services and Location	Minimum Parcel Size
Outside urban or village reserve line	10 acres
On-site water and sewer	2.5 acres
Community water or sewer	1 acre
Community water and sewer	10,000 sf

A industrial condominium, planned development in compliance with Section 66427 et seq. of the Subdivision Map Act, with individual unit ownership, may use smaller parcel sizes to be determined by the Review Authority through Conditional Use Permit approval as set forth in Section 22.62.060, consistent with Section 22.22.145 provided that the common ownership external parcel is in compliance with the provisions of this Section.

[Amended 1992, Ord. 2583; 2013, Ord. 3242] [22.04.030]

22.22.110 - Public Facilities Category. ¶

When a proposed land division in a Public Facilities land use category is for the purpose of continuing use as a Public Facility, the minimum parcel size may be 6,000 square feet or larger, as needed for the land use, in compliance with Section 66428 of the Subdivision Map Act. The minimum size of a division for the

purpose of sale for private use shall be determined through Land Use Element amendment to designate an appropriate land use category for private use. [22.04.031]

22.22.120 - Recreation Category. ¶

The minimum parcel size shall be determined by the Review Authority through Conditional Use Permit approval (Section 22.62.060), unless a specific minimum parcel size is applied by a planning area standard or through approval of a Specific Plan per Government Code Section 65450 et seq. The purpose of Conditional Use Permit review shall evaluate the appropriateness of a land division request on the basis of the type of development proposed and the character of the site vicinity. The minimum parcel size shall be within the range specified for the Recreation category by Table N in Framework for Planning, Part I of the Land Use Element is as follows:

Location or Development Type	Minimum Parcel Size Range
Outside Urban and Village Areas	20 acres to one acre
Inside Urban and Village Areas	20 acres to 6,000 square feet
Condominiums/Planned Development	Common ownership parcel within the above specifed range

The size of the new lots within the range specified by the Land Use Element as consistent with the Recreation category, shall be based on the design of the proposed development, the services provided, and the character of surrounding land uses consistent with Section 22.22.145.

[Amended 1992, Ord. 2553; 1992, Ord. 2583; 2013, Ord. 3242] [22.04.032]

22.22.130 - Open Space. ¶

The minimum parcel size shall be determined by the Review Authority through approval of a Conditional Use Permit as set forth in Section 22.62.060, unless a specific minimum parcel size is set by planning area standards (Article 9).

[Amended 1992, Ord. 2583] [22.04.033]

22.22.140 - Cluster Division. ¶

At the option of the land division applicant, the minimum parcel sizes established by this Chapter for the Rural Lands, Recreation, Residential Rural, Residential Suburban, Residential Single-Family and Residential Multi-Family categories may be decreased as provided by this Section.

A.

Permit requirement. Conditional Use Permit approval in compliance with Section 22.62.060 through a public hearing held as set forth in Section 22.70.060, to occur at the same time as approval of a tentative map. Conditional Use Permit approval shall include conditions specifying a phasing schedule for the recordation of a final tract or parcel map, where applicable, the installation of required improvements and a date for termination of the entitlement in the event the use is not established within the specified schedule.

B.

Determining the number of parcels that can be clustered. The number of buildable lots allowed in a cluster division shall be determined through the use of the parcel size tests in Sections 22.22.050 et seq. applicable to the land use categories in which the site is located. In the Residential Multi-Family land use category, the density shall be equal to the density allowed by Section 22.10.130.B. Where a minimum parcel size for new land divisions or a density for multi-family development is set by planning area standard, the number of lots to be clustered shall be determined by dividing the total site area by the minimum parcel size or density specified in the planning area standard. The actual size of the clustered lots shall then be determined by Subsection D.

C.

Density increase bonus. The number of residential lots created by cluster division in the Residential SingleFamily and Suburban categories within urban and village reserve lines may be increased from that resulting from application of the minimum parcel size standards of this Chapter by determining the allowed number of lots on the basis of gross density rather than net density, as follows:

1.

Residential single-family. One unit per 6,000 square feet of gross site area.

2.

Residential suburban. One unit per acre of gross site area.

The density bonus provided by this Section may be decreased by the Review Authority on the basis of specific site characteristics through the Conditional Use Permit approval, where it is determined that the site or vicinity cannot support the number of units resulting from the bonus without significant adverse effects.

D.

Lot size and open area requirements. The minimum size of lots created through cluster division shall be as specified in the following table:

Land Use Category	Area of Buildable Lots (1)
	Minimum (2)	Maximum (4)	Open Space Parcel Minimum Area (3)
Rural Lands	1 Acre	10 Acres	90%
Recreation	6,000 Sq. Ft.	None	90% (6)(7)
Residential Rural	20,000 Sq. Ft.	4 Acres	60%
Residential Suburban	10,000 Sq. Ft.	2.5 Acres	50%
Residential Single-Family	1,750 Sq. Ft. (5)	6,000 Sq. Ft.	40% (6)
Residential Multi-Family	None	2,000 Sq. Ft.	As set forth in Section 22.10.130.B.2

;sz=8q;Notes:

(1)

Net area.

(2)

A minimum lot size less than 2½ acres may be granted only when community water is provided. A minimum lot size less than one acre may be granted only when the leaching capacity of site soils for septic tank use is from 0 to 5 minutes per inch, or where community sewer is provided.

(3)

The minimum area is expressed as a percentage of the gross site area.

(4)

Larger parcel sizes may be approved by the Review Authority where requested by the applicant and justified based on specific site characteristics, provided that the minimum open space area requirement is met.

(5)

Lot sizes smaller than 2,000 square feet may be allowed only where the project is consistent with Section 22.30.475 (Small Lot Single-Family)

(6)

The minimum open space parcel shall include a CCGA as set forth in Section 22.22.145.B.1.e.

(7)

A cluster division proposed within the Recreation land use category shall meet the design requirements of Subsection B of Section 22.22.145.

E.

Planned Developments. A cluster division proposed within the Residential Single-Family and Residential Multi-Family land use categories shall be processed as and shall meet the requirements of Subsections B., E, F., and G. of Section 22.22.145 (Planned Development).

F.

Design standards.

1.

Open space parcel required. A cluster division shall include at least one open space parcel. For land use categories other than Residential Single-Family and Multi-Family, such parcel may be used for one of the allowable residential units, provided that the building site does not exceed 6,000 square feet and is defined

on the recorded map. Otherwise, the open space parcel shall not be developed with structural uses except as follows: (1) in the Rural Lands, Residential Rural, and Residential Suburban land use categories: agriculture accessory buildings; (2) in the Recreation, Residential Single-Family, and Residential MultiFamily land use categories: community buildings, community residential accessory structures, parking structures, parking spaces, and driveways. The open space parcel in all land use categories may be used for any of the following: Crop production or rangeland; historic, archaeological, or wildlife preserves; water storage or recharge; leach field or spray disposal area; scenic areas; protection from hazardous areas; public outdoor recreation or other similar open space use; or renewable energy facilities generating energy for on-site use subject to the requirements in Chapter 22.32 (Energy-Generating Facilities), not to exceed 3 acres or 25 percent of the area of the open space parcel, whichever is smaller.

2.

Guarantee of open space. The required open space parcel shall be maintained as open space as long as the clustered lots exist, or such other period designated through Conditional Use Permit approval. Such period shall be guaranteed by open space easement. The open space parcel shall be held in common by the homeowners, owned by one of the lot owners with an easement for the benefit of all lot owners, or dedicated in fee or partial fee title to a quasi-public agency.

3.

Site design.

a.

Site disturbance shall be minimized by clustering, road location along contours, and building site selection.

b.

Access to off-site roads shall be controlled, with parcels having access from interior roads wherever feasible.

c.

Development shall be designed to be consistent with the character of the immediate surrounding areas as designated in the Land Use Element.

4.

Attached dwelling units. A cluster division in the Residential Single-Family category may incorporate attached dwelling units with not more than two units per structure where approved by the Review Authority.

[Amended 1984, Ord. 2163; 1992, Ord. 2583; 2013, Ord. 3242; 2015, Ord. 3291] [22.04.036]

22.22.145 - Planned Development. ¶

This Planned Development Ordinance is intended to provide flexibility for applicants when applying development standards to proposed common interest developments or common area maintenance projects consistent with area plans, specific plans, design plans, and design guidelines. The purpose is to

allow consideration of innovative and creative site planning and project design that will enable the County to meet its Strategic Growth goals. These specific standards are meant to incentivize creative design and include: reduced minimum lot sizes and common area, improved design qualities, more effective design responses to site features, compatibility with land uses on adjoining properties, more effective and attractive pedestrian orientation, enhanced environmental sensitivity and energy efficiency, and the more efficient use of resources.

A.

Where Allowed. A Planned Development may be proposed on property within the Residential Multi-Family, Residential Single-Family, Recreation, Commercial Retail, Commercial Service, Office & Professional, and Industrial land use categories.

B.

Residential and Mixed-Use Planned Developments.

1.

Residential Planned Developments and any portion of Mixed-Use Planned Developments with a residential component within the Residential Multi-Family, Residential Single-Family, Recreation, Commercial Retail, and Office & Professional land use categories shall meet the following site criteria:

a.

Minimum Lot Size. As set forth in Section 22.22.140.D.

b.

Parking Design and Location. All parking is subject to the following standards.

(1)

Uncovered residential parking spaces shall be screened from public streets and adjacent residential uses by landscaping or architectural screening.

(2)

Shall be located in clusters of not more than six spaces. Each parking bay of six spaces shall be separated by at least a six-foot landscape area unless located under a covered structure, which would allow up to 10 spaces.

(3)

All detached covered parking shall have a roof design that is consistent with the architecture of the primary structures. Flat or slightly pitched roofs may be used for solar access applications or where the architectural relationship to the overall design is compatible.

Fencing, if over three feet in height, shall be broken-up with textural variety or architectural elements designed to add interest to the fencing. All fencing shall be compatible with the design theme of the project.

2.

Detached Housing. Planned Developments in the Residential Multi-Family, Recreation, Commercial Retail, and Office & Professional land use categories that propose a single-family detached residential style of development (i.e. separated by 3 feet or greater) shall also be consistent with the standards of Section 22.30.475 (Small Lot Single-Family).

C.

Commercial, Office, and Industrial Planned Developments. Commercial, Office, and Industrial Planned Developments and the commercial/office/industrial component of Mixed-Use Planned Developments within

the Commercial Retail, Commercial Service, Office & Professional, and Industrial land use categories shall meet the following standards:

1.

Site Planning. Site planning shall include buildings, site landscaping and hardscape improvements designed to attract pedestrian movement, with vehicle circulation, storage and utilities located elsewhere on the perimeter. The use of plazas or courtyards as a means to enhance the pedestrian experience is encouraged.

a.

Building entries shall be oriented so that pedestrian circulation is attractive and convenient. Sidewalks shall be separated from vehicle circulation and loading through the use landscaped areas or planters.

b.

Work bays shall be oriented away from fronting streets, or screened by landscaping.

c.

Parking lots shall be limited in size by separating them into sub-areas divided by landscaping or structures.

d.

Building orientation shall take advantage of active and passive solar opportunities where feasible and practical.

e.

Wherever feasible, site design shall avoid locating vehicle parking at the front of the lot between the buildings and the street.

f.

The use of fences and walls shall be minimized except where required for screening outdoor storage and noise. When proposed, fences/walls shall be solid, attractive, two-sided, and designed for low maintenance, with materials and colors that are complementary to the building. No chain link fences with or without slats are allowed.

2.

Common Open Space. Common open space shall be integrated into the overall design. Such spaces shall have a direct functional or visual relationship to the main building(s) and not be of isolated or leftover character. The following shall not be considered usable common open space:

a.

Areas reserved for the exclusive use or benefit of an individual tenant or owner;

Dedicated streets, alleys and other public rights-of-way;

c.

Vehicular drives, parking, loading and storage area; and

d.

Irregular or unusable narrow strips of land less than ten (10) feet in width, unless such area is improved or planted with the expressed intent to be utilized as common open space.

3.

Functional and Mechanical Features. To the maximum extent practicable, exposed storage areas, trash and garbage containers, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be accounted for in the design of the commercial, office, or industrial planned development and screened from public streets.

4.

Driveways, Parking and Circulation. Principal vehicular access shall be from dedicated public streets, and access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. With respect to vehicular and pedestrian circulation, including walkways, interior driveways and parking, special attention shall be given to the location and number of access points to the public streets, the width of interior driveways and access points, the general interior circulation, the separation of pedestrian and vehicular traffic, the adequate provision for service by emergency vehicles, and the arrangement of parking areas that are safe and convenient, and, insofar as feasible, do not detract from the design of proposed buildings and structures and the neighboring properties.

D.

Required Findings for Approval. The Review Authority may approve a Planned Development only after considering the justification provided in Subsection H. and making all of the following findings in addition to the findings required by Section 22.62.060.C.4.

Compliance

1.

The project complies with all applicable provisions of this Title except where modifications are granted consistent with this Section, the design plans and design guidelines;

Proposed Modifications

[Added 2013, Ord. 3242; 2018, Ord. 3369; 2020, Ord. 3409]

22.22.150 - Agricultural Lands Clustering. ¶

It is the policy of the Board to encourage the preservation of agricultural lands in San Luis Obispo County for the continuing and enhanced production of food and fiber through the use of a variety of policy and regulatory techniques. One technique, provided by this Section, is the clustering of allowable dwelling units on relatively small parcels in agricultural areas instead of the dispersal of such units on larger parcels.

A.

Purpose. The purpose of Sections 22.22.150, 22.22.152 and 22.22.154 is to establish a set of regulations which encourages clustering as an alternative to a conventional lot split where an agricultural land division is proposed consistent with Agriculture and Open Space Element and Section 22.22.040. Sections 22.22.152 and 22.22.154 contain two methods for the approval of an agricultural cluster subdivision, Major Agricultural Lands Clustering and Minor Agricultural Lands Clustering. In addition to complying with the standards set forth in this Section and Sections 22.22.152 and 22.22.154, proposed cluster land divisions shall be specifically evaluated for consistency with the policies of the Agriculture and Open Space Element as follows:

1.

Major Agricultural Cluster Projects.

a.

Properties in the unincorporated areas of the county that are located outside the coastal zone, that are partly or entirely within five miles of a urban or village reserve lines, and that comply with the locational criteria in Sections 22.22.152 A. and B. can apply for a major agricultural cluster.

b.

To encourage the use of clustering, the maximum number of residential parcels allowed in a major agricultural cluster project shall be equivalent to the number of primary dwellings normally allowed on the parcels that would result from a conventional land division in the Agriculture land use category based on the minimum parcel size criteria in Section 22.22.040. Except, where Section 22.22.040B1b(4) limits the residential use, the number of parcels is instead based on two primary dwellings per parcel. A Major Agricultural Cluster project could result in a maximum parcel bonus of 100% over a conventional land division. Major Agricultural Cluster projects may be reduced down to 26 percent of the maximum potential allowance, if proposed by the applicant, in order to mitigate potential impacts of the project.

2.

Minor Agricultural Cluster Projects.

a.

Properties throughout the unincorporated areas of the county that meet the locational criteria in Section 22.22.154A, including the coastal zone, can apply for a minor agricultural cluster project.

b.

The maximum number of residential parcels allowed in a Minor Agricultural Cluster project shall be equivalent to the number of parcels that would result from a conventional land division in the Agriculture land use category based on the minimum parcel size criteria in Section 22.22.040, with an increase of at least one more parcel or up to a maximum 25 percent increase in the number of parcels that could be achieved with a conventional land division.

B.

Applicable requirements. The following requirements apply to both Major and Minor Agricultural Cluster projects.

1.

Eligibility of lands under Agricultural Preserve Contract. Lands in the Agriculture land use category under Williamson Act contract shall not be used as the location for clustered parcels; provided that where an ownership includes contiguous contracted and non-contracted lands, the number of parcels and dwelling units normally allowable under the terms of the Agricultural Preserve contract and the provisions of this Title may be clustered on the non-contracted lands within the same ownership in the Agriculture or Rural Lands land use categories in compliance with this Section.

Permit requirement. Conditional Use Permit approval pursuant to Section 22.62.060, shall occur at the same time as approval of a tentative map. Conditional Use Permit approval shall include conditions specifying a phasing schedule for the filing of a final tract or parcel map, where applicable, the installation of required improvements and a date for termination of the entitlement in the event the use is not established within the specified schedule.

3.

Application content. In addition to the information required by Section 22.62.060, the Conditional Use Permit application for a cluster project shall also include a written explanation by the applicant of how the proposed project will satisfy all the required findings specified in Subsection B.5.

4.

Environmental review. After acceptance of an application for cluster development pursuant to Section 22.60.050, an initial study on the project shall be prepared in compliance with the California Environmental Quality Act (CEQA) and the Environmental Review Process Guidelines. The initial study shall closely examine the potential impacts on the long-term protection of the agricultural, environmental and biological resources, as well as the availability of, and potential impacts on, resources such as water, traffic, air

quality, schools and other public services and facilities. Whether or not an Environmental Impact Report must be prepared will be determined by the initial study.

5.

Required findings. Approval of a Major or Minor Agricultural Cluster project shall not occur unless the Review Authority first makes all findings required by Section 22.62.060.C.4. and also finds that:

a.

The proposed project will result in the continuation, enhancement and long-term preservation of agricultural resources and operations consisting of the production of food and fiber on the subject site and in the surrounding area.

b.

The proposed project has been designed to:

(1)

Locate proposed development to avoid and buffer all prime agricultural soils on the site, other agricultural production areas on the site, as well as agricultural operations on adjoining properties;

(2)

Minimize, to the maximum extent feasible, the need for construction of new roads by clustering new development close to existing roads;

(3)

Avoid placement of roads or structures on any environmentally sensitive habitat areas;

(4)

Minimize impacts of non-agricultural structures and roads on public views from public roads and public recreation areas;

(5)

Cluster proposed residential structures, to the maximum extent feasible, so as to not interfere with agricultural production and to also be consistent with the goal of maintaining the rural character of the area;

(6)

Minimize risks to life and property due to geologic, flood and fire hazard and soil erosion.

c.

The proposed project will not result in any significant land use compatibility impacts affecting on-site or offsite agricultural operations, including but not limited to trespass, vandalism, and complaints about agricultural practices.

d.

The water resources and all necessary services are adequate to serve the proposed development, including residential uses, as well as existing and proposed agricultural operations on the subject site and in the site vicinity.

e.

The proposed clustered development and the conditions, covenants and restrictions governing the Homeowners Association and/or individual lots are adequate to ensure permanent maintenance of the lands to remain in agricultural production and/or open space.

6.

Access. Clustered developments in compliance with this Section shall be allowed only on ownerships with access to an existing paved, county or state maintained road.

(1)

Ownership and maintenance of roads. Unless otherwise required by the Review Authority, all interior roads and utilities shall be privately-owned and maintained and the applicant shall demonstrate through conditions, covenants and restrictions or other means that the project residents shall maintain all private roads and utilities for the life of the project.

7.

Site layout criteria. The design and development of a Major or Minor Agricultural Cluster project shall be consistent with the following standards:

No structural development shall occur on soils with a Natural Resources Conservation Service classification of I or II, except that agricultural accessory structures and agricultural processing uses may be allowed on sites up to 2.5 acres in size, subject to Minor Use Permit approval, where the applicant can demonstrate that no other suitable area is available for such uses and that the proposed uses are directly related to maintaining and enhancing on-site agricultural operations.

b.

Residential building sites and access drives shall be located within the boundaries of the overall ownership with sufficient separation from exterior property lines in order that the Review Authority can find that the clustered development will not result in adverse impacts on off-site agricultural operations in the site vicinity consistent with agricultural buffer policies adopted by the Board.

c.

Roads and building sites shall be located to minimize site disturbance and visibility from public roads.

d.

Driveway access intersections with off-site roads shall be minimized.

8.

Agricultural land/open space preservation.

a.

Requirements for preservation. Clustered developments in compliance with this Section, and Sections 22.22.152 and 22.22.154 shall provide for the long-term preservation of portions of the site proposed to meet the open space requirements of Section 22.22.152D or 22.22.154D. All open space parcels shall be of a minimum size to qualify as a separate parcel consistent with Section 22.22.040 (Parcel Size - Agriculture Category). In addition, the parcel(s) shall qualify for a stand alone Williamson Act preserve and contract under the current county Rules of Procedure and must be covered by a permanent agricultural open space easement.

b.

Areas included in open space. The open space area provided may include all areas in agricultural production (including directly related infrastructure such as roads and wells), but shall not include any portion of the proposed clustered residential parcels.

c.

Structural uses allowed in defined open space areas. The area proposed for agricultural land and/or open space preservation is not to be developed with structural uses other than:

(1)

A ranch/farm headquarters including up to two of the residential units allowed pursuant to Subsection B9, residential accessory structures and farm support housing, which may be approved or modified after the

initial Conditional Use Permit approval through Minor Use Permit, provided that the building site does not exceed 2.5 acres.

(2)

Areas set aside for the preservation of historic buildings identified by the Land Use Element, to be delineated on the recorded map.

(3)

Agricultural accessory structures or agricultural processing uses essential to the continuing agricultural production of food and fiber in the immediately surrounding area,, which may be approved or modified after the initial Conditional Use Permit approval through Minor Use Permit approval, which shall not occupy an aggregate area of the site larger than five 5 acres.

(4)

Renewable energy facilities generating energy for on-site use may be allowed on up to 3 acres or 25 percent of the open space area, whichever is smaller, subject to the requirements in Chapter 22.32 (EnergyGenerating Facilities).

d.

Nonstructural uses allowed in defined open space areas. The following nonstructural uses may be allowed in the open space areas: crop production and grazing; animal raising and keeping; specialized animal facilities; nursery specialties (nonstructural); range land or wildlife preserves; water storage or recharge; leachfield or spray disposal area; scenic area protection or buffers from hazardous areas; public outdoor recreation uses on non-prime lands, or other similar open space uses; and roads/turnarounds directly serving the agricultural use.

e.

Guarantee of open space. The required open-space parcel(s) shall be maintained as open space as long as the clustered lots exist. This shall be guaranteed by either of the following methods:

(1)

A recorded, permanent agricultural open-space easement granted to the county and placement in a stand alone Land Conservation Act (Williamson Act) preserve and contract in the Williamson Act Agricultural Preserve Program.

(2)

Transfer of fee title free and clear of any liens, or dedication of a perpetual easement to a qualified public or private non-profit organization (as defined by the regulations of the Internal Revenue Service) created for the purposes of protecting and managing resources.

9.

Number of dwellings. Residential units within a cluster project shall be limited to a ratio of one dwelling unit per clustered parcel, except that farm support housing may be authorized in addition to the units allowed by this Subsection through the approval of the overall project Conditional Use Permit, or subsequent Minor Use Permit approval, in compliance with the standards of Section 22.30.480.

10.

Homeowners association. A homeowners association shall be formed and membership shall be mandatory for each home buyer and successive buyer if there are open space areas held in common by the homeowners. The homeowners association shall be responsible for the permanent maintenance of the open space areas held in common, if any, by the homeowners. An assessment system, or other form of subsidy shall be required to ensure compliance with this provision.

[Added 1984, Ord. 2195; Amended 1986, Ord. 2277; 1987, Ord. 2332; 1988, Ord. 2380; 1993, Ord. 2648; 2004, Ord. 3038; 2006, Ord. 3081; 2015, Ord. 3291] [22.04.037]

22.22.152 - Major Agricultural Cluster:. ¶

A.

Eligible areas of the county. The use of clustering in the Agriculture or Rural Lands categories may be considered on ownerships that are in agricultural use at the time of application. Use of the provisions of this Section may occur only on properties that are partly or entirely within five (5) miles of the Urban Reserve Lines (URL's) of Arroyo Grande, Atascadero, San Luis Obispo, San Miguel, Nipomo, Paso Robles, and Santa Maria and the Creston Village Reserve Line (VRL).

B.

Excluded areas of the county. Properties located in the Arroyo Grande, Cienega and Oso Flaco valleys as identified by the San Luis Bay and South County Area Plans of the Land Use Element are excluded from such use. Sites entirely located beyond five miles from the urban and village reserve lines specified in Subsection A. above are not eligible for clustering pursuant to this Section.

C.

Allowed number of parcels:

1.

Base parcel calculation. The base parcel calculation shall be equivalent to the number of parcels that would result from a conventional land division in the Agriculture land use category based on the minimum parcel size criteria specified in Section 22.22.040 (Parcel Size - Agriculture Category).

2.

Bonus parcel calculation. The maximum number of residential parcels allowed in a Major Agricultural Cluster project shall be equivalent to the number of base parcels calculated in compliance with Subsection C.1., with a parcel bonus of 100 percent.

D.

Lot size and open area requirements. The minimum size of clustered residential parcels in a Major Agricultural Cluster project, and the area of the site required for open space preservation shall be as follows:

Clustered Residential Parcel Size(1)		Open Space Parcel Minimum Area(3)
Minimum(2)	Maximum(4)
10,000 Sq. Ft.	2.5 Acres	95%

;sz=8q;Notes:

(1)

Net area.

(2)

A minimum lot size less than 2½ acres may be granted only when community water is provided. A minimum lot size less than one acre may be granted only where the leaching capacity of site soils for septic tank use is from 0 to 5 minutes per inch, or where community sewer is provided.

(3)

The minimum area is expressed as a percentage of the gross site area.

(4)

[Added 2004, Ord. 3038; Amended 2006, Ord. 3081]

22.22.154 - Minor Agricultural Cluster:. ¶

A.

B.

Excluded areas of the county. Properties located in the Arroyo Grande, Cienega and Oso Flaco valleys as identified by the San Luis Bay and South County Area Plans are excluded from such use.

C.

Allowed number of parcels:

1.

2.

Bonus Parcel Calculation. The maximum number of residential parcels allowed in a Minor Agricultural Cluster project shall be equivalent to the number of base parcels calculated in compliance with Subsection C.1., with a parcel bonus of at least one additional parcel, up to a maximum of 25 percent.

D.

Lot size and open area requirements. The minimum size of clustered residential parcels in a Minor Agricultural Cluster project, and the area of the site required for open space preservation shall be as follows:

Clustered Residential Parcel Size(1)		Open Space Parcel Minimum Area(3)
Minimum(2)	Maximum(4)
20,000 Sq. Ft.	5 Acres	90%

;sz=8q;Notes:

(1)

Net area.

(2)

A minimum lot size less than 2-1/2 acres may be granted only when community water is provided. A minimum lot size less than one acre may be granted only where the leaching capacity of site soils for septic tank use is from 0 to 5 minutes per inch, or where community sewer is provided.

(3)

The minimum area is expressed as a percentage of the gross site area.

(4)

[Added 2004, Ord. 3038]

Chapter 22.24 - TRANSFER OF DEVELOPMENT CREDITS

22.24.010 - Voluntary Transfer of Development Credit Program.

A.

Purpose and intent. The provisions of this Chapter implement the voluntary Transfer of Development Credits Program (TDC) established by the Land Use Element by providing a procedure for transferring development credits from one parcel of land to another. Consistent with applicable Land Use Element goals, policies and programs, the objective of this section is to relocate development from environmentally sensitive land, land with agricultural capability or antiquated subdivisions, to more suitable areas. This program is voluntary, incentive-based, and market-driven between willing sellers and buyers.

ent credits from one parcel of land to another. Consistent with applicable Land Use Element goals, policies and programs, the objective of this section is to relocate development from environmentally sensitive land, land with agricultural capability or antiquated subdivisions, to more suitable areas. This program is voluntary, incentive-based, and market-driven between willing sellers and buyers.

Properties located within the South County Planning Area as defined by Part II of the Land Use Element are subject to Section 22.24.200. Receiving Sites located within the South Atascadero area, as defined by Section 22.24.300 are subject to Section 22.24.300.

B.

Effect of the TDC program. A site from which development credits have been transferred is called the sending site, and has its development potential reduced or retired through recordation of a permanent conservation easement or other instrument. A site which receives development credits (the receiving site) may be developed with a higher density than would otherwise be allowed under the current land use category or as otherwise set through planning area standards.

Credits originating from a site in the unincorporated part of the county may be transferred to receiving sites within an incorporated city which has adopted plans or ordinances that enable such transfers.

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034; 2011, Ord. 3212; 2012, Ord. 3233] [22.04.500]

22.24.020 - Sending Site Application Content and Processing.

A request for designation of a sending site, using the regulations set forth in Section 22.24.030, shall require the filing and processing of an application for sending site status in compliance with the following requirements:

A.

Application content. In addition to meeting the application contents of Section 22.62.030 (Zoning Clearance), an applicant requesting status as a sending site shall provide at a minimum the following information:

1.

Application form for sending site status.

2.

Which specific or general criteria, in compliance with Sections 22.24.030.A.2, A.3, or A.4, are proposed for use in determining if the property qualifies as a sending site. If the property doesn't meet a specific criteria for qualification, provide a statement of how the property qualifies under the general criteria.

3.

Information supporting the determination of the development value of the property, using one of the methods described in Section 22.24.030.B.3.

4.

Two copies of a preliminary title report concerning the property, which is not more than six months old, showing current property owners.

B.

Application processing. An application for sending site status shall be filed with the Department and shall be processed as follows:

1.

Environmental determination. When a sending site application has been determined to contain adequate information to allow a determination by the Review Authority, it shall be subject to an environmental determination as required by the California Environmental Quality Act (CEQA).

2.

Review by the Planning Commission.

a.

Where the determination on number of development credits is made in compliance with Section 22.24.030.B.1. or 2, the authority to take final action on a request for sending site status and assignment of development credits is assigned to the Planning Commission. Notice of public hearing shall be given as provided by Section 22.70.040. Decisions by the Commission on sending site status and assignment of development credits may be appealed in compliance with Section 22.70.050.

3.

Notice of Eligibility. No sooner than 15 days after the Commission decision on sending site status (if no appeal has been filed), the Director shall prepare a written Notice of Eligibility. The Notice of Eligibility shall state the number of sending site credits assigned to the property and the method used for the assignment of those credits, including the applicable criteria and mathematical formula. The Notice of Eligibility shall be required prior to issuance of a sending site certificate by the TDC Administrator.

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034] [22.04.510]

22.24.030 - Sending Site Eligibility and Determination of Development Credits.

Further air quality objectives and reduce the cost of future county services by retiring development potential on the property in areas that are distant from transportation services or other support services.

B.

Determining development credits. If the Review Authority determines that a property qualifies as a sending site, this section shall be used to determine the number of development credits assigned to a legal lot. The applicant shall choose one of the following methods to determine the number of development credits.

For any sending site that has a Notice of Eligibility dated prior to November 18, 1999, whose Notice of Eligibility has expired and become void, a new application for designation of a sending site shall be submitted for review and approval. The method used for determining development credits and bonuses, and the criteria for determining sending site status shall be as specified in Ordinance No. 2777, adopted October 6, 1996.

1.

Number of development credits. The number of credits assigned to a sending site shall be determined by one of the following methods:

a.

Existing lots. The maximum number of primary single family residences allowed on the existing underlying legal lots. The number of legal lots will require verification from the County; or

b.

Development value. Dividing the development value, as determined using the method described in Section 22.24.030.B.4, by 20,000.

2.

Minimum number of credits. Where a property would not otherwise qualify for one full credit using Subsection B.1, the landowner may request one credit be allocated to the site. A property may qualify only

where the sending site eligibility was based on the specific natural resource criteria as set forth in Subsection A.3. The site cannot qualify for more than one credit.

3.

Development value. Where the applicant is requesting a determination of development credits based on Subsection B.1.b the following standards apply.

a.

Full development potential. A landowner who wishes to transfer the property in fee to a public agency or a non-profit organization will receive a determination based on the full value of the property. At the time of application, a landowner requesting a determination based on full development potential shall submit a letter of intent to accept title from the public agency or non-profit organization. The full value of the property shall be considered the development value of the property for the purpose of determining the number of credits under this section.

b.

Partial development potential. A landowner who wishes to retain ownership of the property, and retain certain allowed or special uses of that property in compliance with Section 22.06.030, Table 2-2 (Allowable Land Uses and Permit Requirements), will receive a determination based on partial development potential of the property. The difference between the full value of the property and the restricted value of the property shall be considered the development value of the property for the purpose of determining the number of credits under this Section. The use of the property shall be limited in compliance with Section 22.24.050.A. The development value of the property should increase as a landowner relinquishes additional uses over those required under Section 22.24.050.A.1 and A.2.

4.

Determining development value. The full or partial value of the development potential of the property shall be determined by having the property appraised using the self contained report format as defined by the Uniform Standards of the Professional Appraisal Practices as published by the Appraisers Standards Board of the Appraisal Foundation. The appraisal shall be valid for one year. Evidence shall be submitted with the appraisal to demonstrate that proper procedures and standards were followed for a self contained report and that under those standards the appraisal is valid. The appraisal shall be subject to an independent review by qualified individual selected by the county. The applicant shall fund all costs associated with the independent review.

a.

Full development potential. Where the applicant is requesting a determination based on the full development potential, the appraisal shall be for the full value of the property.

b.

Partial development potential. Where the applicant is requesting a determination based on partial development potential, the appraisal shall include an appraisal of the full value of the property and the

restricted value of the property.

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034; 2011, Ord. 3212]