§ 22.54

This Chapter provides standards for the site access, driveway, and curb, gutter, and sidewalk improvements required for development projects authorized by a land use permit. [22.05.104]

All projects that are subject to land use or construction permit approval shall be provided adequate vehicular and pedestrian access, as follows:

A.

Minimum site access. No land use or construction permit shall be approved for any site unless the site has legal access and all-weather physical access to a public road; except that installation of all-weather physical access improvements may be provided prior to final building inspection, or prior to occupancy where allowed by Section 19.04.042 (Occupancy or use of an incomplete structure), where such improvements do not currently exist.

B.

Site access location. The provisions of this Subsection apply only to land uses that are required to have six or more parking spaces. Land use permit approval shall not be granted to a proposed use unless at least one driveway serving the use is located on the type of street specified by this Section. These requirements are based on the traffic volume and turnover rate generated by a new land use, determined by the number of parking spaces required and the intensity of use of the parking lot (see Chapter 22.18 - Off-Street Parking Required, or Article 4 for a special use).

1.

Required street type for access. At least one vehicle access driveway shall be located on any street with a capacity equal to or greater than the minimum specified by the following table. These standards do not

apply to a parking lot that is a principal use (see Section 22.30.630 - Vehicle Storage).

;sz=8q;Notes:

(1)

Expressed as the type of street (arterial, collector, local) on which a proposed use must be located. Actual access driveways may be located on a cross-street where the site abuts the required type of street.

(2)

Parking lot turnover is determined by Chapter 22.18 (Parking and Loading), for the specific land use.

(3)

For the purposes of this Section, collector streets include freeway frontage roads that extend between two collectors, between two freeway access points (which must include access and egress for both freeway directions), or a combination of the two situations.

(4)

At least one site access driveway on a collector shall be within 800 feet of an arterial, measured along the roadway.

(5)

At least one site access driveway on a local street shall be within 400 feet of a collector, measured along the roadway.

2.

Alternative street types for access. Driveway access locations other than those required by Subsection B.1 above are allowable subject to Minor Use Permit approval, provided that the Review Authority first finds that the alternate location will not result in traffic congestion or traffic volumes inappropriate or substantially detrimental to the site vicinity. Where a Conditional Use Permit is otherwise required, the approval can be granted by the review authority through the Conditional Use Permit subject to the same required finding.

C.

Driveway placement. A driveway from a street to a parking area with four or more parking spaces shall be located and designed as follows:

1.

Distance from street corner. Driveways shall be located a minimum of 50 feet from the nearest street intersection, as measured from the centerline of the driveway to the nearest travel lane of the intersecting street.

2.

Number of driveways. Driveways serving a single site shall be limited to two along the frontage of any street, except where additional driveways are authorized by Minor Use Permit. The centerline of such driveways shall be separated by a minimum of 30 feet.

3.

Distance from property line. Where a driveway intersects a street, the driveway shall be located a minimum of four feet from a side property line, except that the driveway transition may extend to within one foot of the property line, and except where adjoining lots use a shared driveway.

D.

Driveway design and construction. Proposed driveways shall be designed and constructed as follows. These requirements are in addition to any applicable provisions of Chapter 13.08 of this code (Encroachments).

1.

Driveway width. A driveway, as defined in Chapter 22.80 (Definitions - Driveway), providing access to a building sites or a parking area from the public street or between separate parking areas on a site shall be a minimum width of 10 feet and shall also provide a fuel modification area as defined by Chapter 22.80 (Definitions - Fuel Modification Area), where applicable.

2.

Exception to width standard. The following standards shall apply In high or very high fire hazard severity zones.

;sz=8q;Notes:

(1)

The driveway shall provide for a fuel modification area as defined in Chapter 22.80 (Definitions - Fuel Modification Area).

(2)

A turnout, as defined in Chapter 22.80 (Definitions - Turnout), shall be provided near the midpoint.

(3)

For driveways exceeding 300 feet, a turnaround, as defined in Chapter 22.80 (Definitions - Turnaround), shall be provided at the building site and must be within 50 feet of the dwelling. For driveways exceeding 800 feet, turnouts shall be provided no more than 400 feet apart.

3.

Driveway grade. The minimum level of improvement is determined by the grade of the driveway providing access from the road to the building site or parking area as follows:

;sz=8q;Notes:

(1)

Surface shall be asphalt or concrete as specified in the San Luis Obispo County Standard Specifications and Improvement Drawings, including a non-skid finish.

(2)

A driveway with a grade greater than 16 percent and less than 20 percent may be authorized through an adjustment as set forth in Section 22.54.020.F (Adjustment). An adjustment may also be requested for a driveway designed by a Registered Civil Engineer that exceeds 20 percent grade.

E.

Road design and construction. Proposed roads or extensions of existing roads, as defined in Chapter 22.80 (Definitions - Road), not associated with the approval of a subdivision application shall be designed and constructed as follows:

1.

Road width. The minimum width of applicable roads, as specified above, shall be as follows:

;sz=8q;Notes:

(1)

The road shall also provide for a fuel modification area as defined in Chapter 22.80 (Definitions - Fuel Modification Area).

(2)

Fire lanes shall be provided as set forth in the Uniform Fire Code.

2.

Road grade. The minimum level of improvement is determined by the grade of the road providing access to the building site or parking area as follows:

;sz=8q;Notes:

(1)

Surface shall be asphalt or concrete as specified in the San Luis Obispo County Standard Specifications and Improvement Drawings including a non-skid finish.

(2)

A road with a grade greater than 16 percent and less than 20 percent may be authorized through an adjustment as set forth in Section 22.54.020.F (Adjustment). An adjustment may also be requested for a road that exceeds 20 percent grade and is designed by a Registered Civil Engineer.

F.

Adjustments. An adjustment to the standards of Section 22.54.020.D or E. may be granted where proposed by the applicant and mitigated practices are approved by the fire inspection authority, where the mitigation provides for the ability to apply the same degree of accepted fire suppression strategies and tactics and fire fighter safety as these regulations overall, towards providing a key point of defense from an approaching fire or defense against encroaching fire or escaping structure fires.

Application filing and processing. Requests for adjustment shall be filed with the fire inspection authority by the applicant or the applicant's representative in the form of an attachment to the project application. The request shall state the specific requirement for which an adjustment is being requested, material facts supporting the contention of the applicant, the details of the adjustment or mitigation proposed and a site plan showing the proposed location and siting of the adjustment or mitigation measure, where applicable. A request for adjustment shall be approved by the fire inspection authority when it has determined that the criteria for adjustment are satisfied as described in Section 22.54.020.F

2.

Appeals. Where an adjustment is not granted by the fire inspection authority, the applicant may appeal the denial to the Fire Appeal Board as set forth in Title 16 of this code. Decisions by the Fire Appeal Board may be appealed to the Commission (Section 22.20.050).

[Amended 1991, Ord. 2523] [22.05.104]

22.54.030 - Curbs, Gutters and Sidewalks.

The establishment of an approved land use shall include installation of concrete curb, gutters and sidewalks as set forth in this Section.

A.

When required. Curb, gutter and sidewalk is required to be installed as set forth in this Section when such improvements do not already exist, and:

1.

The value of any new structures or changes to existing structures, items or equipment (that add value to the property but would be exempt from a construction permit, or would not be subject to a "valuation" by the Department) proposed during a period of 12 months (as indicated by all building permits issued for the site during the 12-month period) exceed 25 percent of the total value of all improvements existing on the site as determined by the assessment roll or by a current appraisal. The appraisal shall be completed by an appraiser with a "Certified General License" issued by the State Office of Real Estate Appraisal and shall determine full market value of the parcel, allocating for land and existing site improvements based on the Uniform Standards of the Professional Appraisal Practices published by the Appraisers Standards Board of the Appraisal Foundation. Both of these methods shall be determined at the time the first building permit (within the 12-month period) is applied for.

2.

A new structure is moved on to a site (rather than constructed in place) where street frontage improvement should be required Subsection B.

Where a site proposed for development has existing curb, gutter and/or sidewalk, the County Engineer may determine that the existing improvements have deteriorated so as to be unusable or unsafe, or are improperly located, and that reconstruction of such street frontage improvements is required in compliance with this Section.

B.

Where required. Curb, gutter and sidewalk is required with any project in the following areas, unless otherwise provided by planning area standards (Article 9):

1.

In all Commercial and Office and Professional categories within an urban reserve line.

2.

In Residential Multi-Family categories within an urban reserve line.

3.

In all Industrial categories within an urban reserve line.

4.

In new residential subdivisions, in compliance with Title 21 of this code.

C.

Extent of improvements. Curb, gutter and sidewalk improvements are to be constructed as required by this Section along the entire street frontage of the site, and also along the street frontage of any adjoining lots in the same ownership as the site.

D.

Exceptions. Curb, gutter and/or sidewalk improvement requirements may be waived, modified or delayed as follows, provided that waiver of such improvement requirements shall not grant relief from the requirements of Chapter 13.08 of this code governing encroachment on County rights-of-way:

1.

Incompatible grade. The improvements required by this Section may be waived or modified by the County Engineer when, in the opinion of the County Engineer, the finish grades of the project site and adjoining street are incompatible for the purpose of accommodating the improvements.

2.

Incompatible development. The required improvements may be waived by joint decision of the Director and County Engineer where they determine, based upon the land use designations of the Land Use Element, existing land uses in the site vicinity, and existing and projected needs for drainage and traffic control, that such improvements would be incompatible with the ultimate development of the area.

3.

Premature development.

a.

The required improvements may be waived when the Director determines that they would be premature to the development of the area because the proposed use which causes the improvements to be required by Subsections A. and B. is an interim use of the site and the required improvements can clearly be obtained with further or intensified development of the site at a later time.

b.

A portion of the improvements required by Subsection may be waived when the Director determines that the project under consideration is a part of a phased development and that upon completion of all phases the entire extent of improvements specified by Subsection C. will be constructed.

c.

The required improvements may be delayed when the County Engineer determines that they would be premature to the development of the area, because the proposed use is likely to be the ultimate development of the site, but the characteristics of ongoing development in the vicinity result in the County Engineer concluding that delaying the improvements would better support the orderly development of the area; in which case the applicant shall execute an agreement in compliance with Section 22.54.030.G and construct the improvements within a period of one year or such other time established by the County Engineer.

4.

Board modification. The requirement for curb, gutter and/or sidewalk improvement requirements may be waived, modified or delayed through approval of such by the Board where it has been determined by the County Engineer and the Director that a waiver cannot otherwise be granted through the exceptions defined in Sections 22.54.030.D.1 through D.3, and the Board finds that special circumstances exist including but not limited to, an unusual landscape feature, a specific valuation inequity or a property specific circumstance that would make construction of the required improvements ineffectual.

5.

Exception procedure. Any of the exceptions set forth in this Section are to be requested in writing, using the application form provided by the Department of Planning and Building.

E.

Design and construction. Curb, gutter and sidewalk improvements shall be designed and constructed to the grade and specifications required by the County Engineer, as follows:

1.

Design standards.

a.

The County Engineer shall design and stake the improvements required by this Section when the fronting streets are in the County-maintained road system.

b.

When the fronting streets are not in the County-maintained road system or the improvements are required by Minor Use Permit or Conditional Use Permit conditions of approval, the County Engineer may require that a registered civil engineer be retained by the developer to design and stake the required improvements. Improvement plans shall be prepared in accordance with the San Luis Obispo County Improvement Standard Specifications and shall be approved by the County Engineer

c.

The developer shall enter into an agreement with the County Engineer for the checking and inspection of improvement work designed by a private engineer.

2.

Construction standards.

a.

All grading and construction is to occur at the expense of the developer, including placement of base and surfacing between the lip of the new gutter and the existing pavement (if any) as necessary to complete the street surface.

b.

Any required street surfacing shall be a minimum of 2-inches of asphaltic concrete and the structural section shall be based on a traffic index of four or greater as required by the County Engineer.

c.

Where there is no existing pavement, the paved surfacing across the property frontage shall be a minimum of 24 feet in width measured from the face of the curb and shall continue with a minimum width of 20 feet to the nearest paved, County-maintained road. Where surfacing exists along the fronting street, the new surfacing shall be installed between the gutter and the existing pavement. These improvements shall include paved transitions to provide for existing road drainage as well as drainage to or from the proposed site.

F.

Timing of installation. All required improvements shall be completed in compliance with Section 22.64.090 (Project Completion), Section 22.64.100 (Occupancy or Use of Partially Completed Projects) prior to occupancy, or Section 22.54.030.G (Encroachment Permit Fee and Agreement Required).

G.

Encroachment permit fee and agreement required. All persons required to install concrete curbs, gutters and sidewalks under this Section shall execute with the County Engineer an agreement to install the curbs, gutters and sidewalks in accordance with the provisions of this Section, pay the current fee required for a curb, gutter and sidewalk encroachment permit and post a faithful performance bond for the construction

of the improvements in an amount determined by the County Engineer, prior to the issuance of the building permit.

H.

Appeal. Any person aggrieved by the requirements of this Section shall have the right of appeal to the Board in compliance with Section 22.70.050.

[Amended 1981, Ord. 2063; 1985, Ord. 2217; 1986, Ord. 2250; 1992, Ord. 2553; 1994, Ord. 2696; 1995, Ord. 2741; 1999, Ord. 2880] [22.05.106]

Chapter 22.56 - TREE PRESERVATION