Chapter 23.01 — ENACTMENT, ADMINISTRATION & AMENDMENT

This title is known as the Coastal Zone Land Use Ordinance of the county of San Luis Obispo, Title 23 of the San Luis Obispo County Code. These regulations are hereby established and adopted to protect and promote the public health, safety and welfare, and more particularly.

a.

To implement the San Luis Obispo County General Plan and the San Luis Obispo County Local Coastal Program, and to guide and manage the future growth of the county in accordance with those plans; and

b.

To regulate land use in a manner that will encourage and support the orderly development and beneficial use of lands within the county; and

c.

To minimize adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, buildings, land uses, parking areas, or other forms of land development by providing appropriate standards for development; and

d.

To protect and enhance the significant natural, historic, archeological and scenic resources within the county as identified by the county general plan.

e.

To assist the public in identifying and understanding regulations affecting the development and use of land.

The Coastal Zone Land Use Ordinance is adopted pursuant to the authority vested in the county of San Luis Obispo by the state of California, including but not limited to the State Constitution; Sections 65800 et seq. of the Government Code; the California Environmental Quality Act; Coastal Act; Housing Act, the Subdivision Map Act, the Health and Safety Code, and the Surface Mining and Reclamation Act.

To effectively implement the policies of the San Luis Obispo County General Plan and San Luis Obispo County Local Coastal Program, the following documents, including but not limited to contents of the Land Use Element adopted by Board of Supervisors Resolution 80-350 and all amendments thereto are hereby adopted and included by reference as part of this title, pursuant to Sections 65800 et seq. of the Government Code, as though they were fully set forth here:

a.

Land use element provisions:

(1)

Land use categories. The land use categories described in Chapter 7, Part I of the Land Use Element.

(2)

Allowable uses and definitions. The charts showing the uses of land which may be established in the land use categories, and the definitions of such uses identified as Coastal Table O and Section D, respectively, in Chapter 7, Part I of the Land Use Element.

(3)

Combining designations. The combining designations described in Chapter 8, Part I of the Land Use Element as supplemental categories used on the official maps to identify areas of the county where special characteristics, resources, or hazards to the public necessitate review of proposed land uses to evaluate their compatibility with those characteristics, resources or hazards; and

(4)

Planning area standards. The requirements affecting land use, and any informational maps accompanying such requirements, which are set forth in the various area plans comprising Part II of the Land Use Element identified as "planning area standards"; and

(5)

Official maps. Those certain maps identified as the Official Land Use Maps of San Luis Obispo County, Part III of the Land Use Element, on file in the Planning Department.

b.

Local Coastal Plan provisions: The following portions of the San Luis Obispo County Local Coastal Plan (the policy document portion of the land use plan prepared as part of the San Luis Obispo County Local Coastal Program) adopted by Board of Supervisors Resolution 88-115 and all amendments thereto:

(1)

Local Coastal Plan policies: The policies contained in Part 2 of the San Luis Obispo County Local Coastal Plan, and Part 3, Appendices D and E.

(2)

Environmentally Sensitive Habitat maps: The combining designation maps adopted as part of the Local Coastal Plan showing areas known at that time to be sensitive habitats for plant and animal life, on file in the San Luis Obispo County Planning Department.

(3)

Archaeological resource maps: The maps adopted as part of the Local Coastal Plan showing areas of known or suspected archaeological resources, on file in the San Luis Obispo County Planning Department.

[Amended 2004, Ord. 3048]

c.

Building line maps. Those certain maps adopted pursuant to the prior zoning ordinance (Section 22.06.060c) for the purpose of measuring required yard dimensions and building locations with respect to building lines, which remain in effect; except the Building Line Maps for Paso Robles Beach Subdivisions 1, 2 and 3 in Cayucos, which have been repealed.

[Amendment 2006, Ord. 3082]

The intent and purpose of each of the following provisions, together with all other applicable provisions of this title, are consistent with the intent of the Open Space Plan, and shall constitute the Open Space Zoning Ordinance of San Luis Obispo County pursuant to Sections 65910 et seq. of the Government Code:

a.

The Agriculture, Rural Lands, Recreation and Open Space land use categories; and the Flood Hazard, and Sensitive Resource Area combining designations of the Land Use Element;

b.

Chapter 23.07 (Combining Designations) and Sections 23.04.020 et seq. (Parcel Size) of the Land Use Ordinance.

The provisions of this title apply to all land use and development activities within the unincorporated areas of San Luis Obispo County located in the California Coastal Zone established by the California Coastal Act of 1976, as provided by this section. When a proposed land use is located outside the Coastal Zone, land use permit requirements and applicable development standards are determined by the Land Use Ordinance, Title 22 of this code.

a.

Proposed uses. The provisions of this title apply to all lots, buildings, structures and uses of land or bodies of water to be created, established, constructed, altered or replaced after the adoption of this title unless specifically exempted by this section. It shall be unlawful and a violation of this code for any person to establish, construct, alter, replace, operate or maintain any building, structure, use of land or body of water, contrary to or without satisfying all applicable provisions of this title.

b.

Effect on existing uses. The provisions of this title are not retroactive in their effect on a use of land lawfully established as of the date of adoption of this title, unless an alteration, expansion or modification to an existing use is proposed which requires a land use permit pursuant to this title. [Amended 1992, Ord. 2570]

c.

Land divisions. This title (including applicable planning area standards adopted by reference as part of this title by Section 23.01.022) determines the minimum parcel size for new land divisions. Title 21 of this code contains the specific procedures and requirements for the land division process, including compliance with coastal development permit requirements.

d.

Public roads. The provisions of this title are not applicable to the repair and maintenance of public roads within road rights-of-way by the county of San Luis Obispo or its contractors, except where a permit may be required by Chapter 23.03 of this title.

e.

Permits issued under the Zoning Ordinance and Land Use Ordinance. This section determines how the Coastal Zone Land Use Ordinance affects land use permits issued before adoption of this title under the provisions of Ordinance 603 (the Zoning Ordinance of the County of San Luis Obispo) or Title 22 of this code (the Land Use Ordinance) and all amendments thereto, and land use permits issued before amendments to this title or the Land Use Element/Local Coastal Plan which have changed land use permit requirements or allowable uses of land.

(1)

Entitlements consistent with the Coastal Zone Land Use Ordinance. All building permits, departmental review approvals, conditional use permits, development plans, variances, plot plan or site plan approvals issued under the Zoning Ordinance or Title 22 of this code which authorized uses that were established before the effective date of Title 22 or this title, and are still allowed in their locations by the Land Use Element, shall be deemed to have been issued pursuant to this title as set forth in subsections (i) through (vi) of this section, provided that a coastal development permit as required by the Coastal Act has also been obtained for each approved use.

(i)

An approved building permit shall be treated for all purposes as if it were a Plot Plan approval; a Plot Plan approved under Title 22 shall be treated as a Plot Plan approval under this title.

(ii)

An approved departmental review shall be treated for all purposes as if it were a Minor Use Permit approval (if Minor Use Permit approval would now be required to authorize such use under the provisions of this title), and as a Development Plan approval if such use would now be required by this title to be authorized by Development Plan approval.

(iii)

A site plan approved under the provisions of Title 22 shall be treated for all purposes as if it were a Minor Use Permit approval (if Minor Use Permit approval would now be required to authorize such use under the provisions of this title), and as a Development Plan approval if such use would now be required by this title to be authorized by Development Plan approval.

(iv)

Approved conditional use permits or development plans shall be treated for all purposes as if they were Development Plan approvals.

(v)

An approved variance shall be treated for all purposes as if it were a variance issued under this title.

(vi)

Any construction, expansion or alteration of such uses after the effective date of this title, and beyond the development authorized by the original entitlement or after the initial construction in a phased project, shall be done in accordance with all applicable provisions of this title, or any conditions of approval adopted with the original entitlement, whichever are more restrictive.

(vii)

Any conditions of approval adopted with any of the entitlements set forth in this subsection are to remain in full force and effect, except that such conditions shall be superseded by any applicable provisions of this title that are more restrictive.

Any approved use that was lawfully established within the Coastal Zone prior to the effective date of this title which has not also been authorized by a coastal development permit shall be deemed to be a nonconforming use of land pursuant to Chapter 23.09 of this title.

(2)

Completion of existing uses: Nothing in the title shall require any change in the plans, construction or approved use of a building or structure for which a permit has been issued before the effective date of this title or any amendment to the Land Use Element/Local Coastal Plan or this title which changes allowable uses of land, land use permit requirements or other applicable provisions of this title, as follows:

(i)

Coastal Development Permit. Where construction or establishment of the use has not been commenced or completed as of the effective date of this title, provided the coastal development permit required by the Coastal Act has been obtained or the proposed development was subject to a categorical exclusion or other exemption from the permit requirements of the Coastal Act.

(ii)

Building Permit. Construction is commenced and substantial site work (Section 23.02.042) has been completed or the time period for construction of the proposed development has not yet expired pursuant to the terms of a valid county permit.

(3)

Land use permits void. Any of the land use permits described in subsection (1) of this section that were approved before the effective date of this title, which authorized land uses that would not be allowed in their present locations by this title, are hereby repealed and deemed void.

(4)

Effect of void entitlement: In any case where an entitlement is deemed void pursuant to subsection e(3) of this section, the effect on an approved land use of its entitlement becoming void shall be as follows:

(i)

Existing use. A use established before the effective date of this title shall become a legal nonconforming use subject to all applicable pro-visions of Chapter 23.09 (Nonconforming Use), provided that any conditions of approval applicable to the use shall remain in full force and effect.

(ii)

Non-existing use. A use of land authorized by an entitlement that became void pursuant to subsection e(3) of this section, for which substantial site work has not been completed as of the effective date of this title (see Section 23.02.042 - Substantial Site Work Defined), shall be prohibited except as provided by subsection e(2) of this section.

[Amended 1995, Ord. 2715]

23.01.031 - Land Use and Coastal Development Permits Required.

Except as otherwise provided by this section, no person shall establish, construct, alter or replace any use of land, structure or building without first obtaining all permits required by Chapter 23.03 or other applicable section of this title. Approval of a land use permit pursuant to this title also constitutes approval of a Coastal Development Permit in compliance with the San Luis Obispo County Local Coastal Program and California Coastal Act. All development undertaken after January 31, 1973, within the Coastal Zone as defined in the Coastal Initiative of 1972, or after December 31, 1977, within the Coastal Zone as defined by the Coastal Act of 1976, shall have a valid coastal development permit issued by the California Coastal Commission or by the county pursuant to this title. Nothing in this section, or other sections of this title which exempts specific land uses from land use permit requirements, shall be construed as exempting construction activities from the necessity of obtaining building, electrical, plumbing or other permits if required by Title 19 or other titles of this Code, or grading permits if required by Section 23.05.020 et seq. of this title. [Amended 1995, Ord. 2715]

The purpose of this section is to determine whether the county or the Coastal Commission has coastal development permit jurisdiction over development which was approved before the Coastal Commission delegated coastal development permit jurisdiction to the county.

a.

Development approved by the Coastal Commission. Any addition to development completed under the authority of a Commission-issued permit shall be reviewed by the county through an application for a new permit processed pursuant to this title, unless the Commission determines that the addition is contrary to any term or condition of the Commission-issued permit.

b.

Proposals pending at time of LCP certification.

(1)

Any development proposal which the county approved before certification of the Local Coastal Program but which has not been submitted to the Coastal Commission for approval shall be re-submitted to the

county through an application for a permit pursuant to this title. The decision on the application shall be based solely on the requirements of this title.

(2)

Any development proposal which the county approved before certification of the Local Coastal Program and for which an application has been filed with the Coastal Commission may, at the option of the applicant, remain with the Commission for completion of review and permit issuance. Commission review of any such application shall be based on the provisions of the certified Local Coastal Program. Alternatively, the applicant may re-submit the proposal to the county through an application for a permit pursuant to this title, and the decision on the application shall be based solely on the provisions of this title. Projects which elect to obtain a coastal permit from the Coastal Commission will remain under the jurisdiction of the Commission as set forth in subsection a. above.

No new use of land, buildings, division of land or other development shall be established, and no application for such use, land division or other permit required pursuant to this title shall be approved, unless the proposed use or division is determined to be allowable in the land use category where the proposed site is located, pursuant to subsections a through e of this section. When an application is accepted for processing pursuant to this section and Section 23.02.020 (Applications and Procedures) et seq., such application shall not be approved unless: [Amended 1995, Ord. 2715]

a.

The proposed use is identified as an "A", "S" or "P" use by Table O, Part I of the Land Use Element in the land use category where the site for the proposed use is located, or the proposed parcel size in a land division is within the range of parcel sizes allowed for the land use category by Sections 23.04.024 et seq. of this title; and

b.

The proposed use or division satisfies the standards of the Land Use Element (Part II) applicable to the specific planning area in which the site is located, including any standards may limit the type of land uses or parcel sizes normally allowable in a given land use category; and

c.

The proposed use or division satisfies any combining designation planning area standards applied to the site by the Land Use Element (Part II), including any such standards that may limit the type of land uses or parcel sizes normally allowable in a given land use category.

d.

The proposed use or division satisfies any policies, programs and standards contained in the Local Coastal Plan Policy Document (except for Appendices a, b, and c) that are applied to the site or the proposed development by provisions of Chapter 23.04 or 23.08 or other applicable provision of this title.

e.

The proposed use or division satisfies the terms, conditions and other requirements of all implementing regulations adopted as part of the Local Coastal Program including but not limited to any categorical exclusion.

[Amended 1995, Ord. 2715]

Compliance with applicable provisions of this title and code is required as follows:

a.

Land uses, buildings and parcels. No use of land, buildings, or division of land shall be established and no application for a use of land, buildings, or land division pursuant to Title 21 of this code shall be approved unless the proposed land use, building, or parcels satisfy all applicable requirements of this code.

b.

Operation and conduct of existing land uses. All uses of land, buildings and bodies of water established, constructed, altered or replaced after the adoption of this title shall at all times be operated, conducted and maintained in a manner consistent with all applicable provisions of this code.

c.

Application where violation exists. No application for land use permit, construction permit or land division shall be approved where an existing land use, building or parcel is being maintained in violation of any applicable provisions of the Subdivision Map Act, this code or any condition of approval of a land use permit, except where the application incorporates measures proposed by the applicant to correct the violation, and correction will occur before establishment of the new proposed use, or recordation of a final or parcel map in the case of a land division or the permit is necessary to maintain the health and/or safety of the occupants. [Amended 1995, Ord. 2715]

d.

Conflicts with other requirements. If conflicts occur between a Land Use Element planning area standard and other provisions of this title, the Land Use Element planning area standard shall prevail, except in cases where additional density is granted pursuant to Section 23.04.96 - Inclusionary Housing, and Section 23.04.097 - Affordable Housing Density Bonus and Development Standard Modifications.

[Amended 2012, Ord. 3238]

Any permit application or request filed with the Planning Department pursuant to this title shall be accompanied by the required filing fee at the time of submittal. The required filing fee is determined by the County Fee Ordinance.

It is unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any building, structure, equipment, or portion thereof in the County of San Luis Obispo or cause the same to be done contrary to or in violation of any provision of this title or any provisions or the codes, rules or regulations adopted in this title. No person shall violate any of the provisions, or fail to comply with any of the requirements of this title. The penalties for violation of the provisions of this title shall be as set forth in Section 23.10.022 of this title.

This title shall be administered by the Planning Director, who will advise the public about its requirements. The responsibilities of the Planning Director under this title include but are not limited to the following functions, which may be carried out by Planning Department employees under the supervision of the director:

a.

Application processing. Receive and review all applications for projects; certify that applications submitted have been properly completed; establish permanent files; conduct site and project analyses; post public notices; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the Zoning Administrator, Subdivision Review Board, Planning Commission or Board of Supervisors (as applicable); and [Amended 1992, Ord. 2584]

b.

Zoning administration. Function as zoning administrator pursuant to the authority established by Sections 65900 et seq. of the Government Code in the conduct of hearings and the issuance of discretionary entitlements where provided by this title.

c.

Permit issuance. Issue permits under this title and certify that all such permits are in full conformance with its requirements; and

d.

Coordination. Refer and coordinate matters related to the administration of this title with other agencies and county departments; and

e.

Amendment. Pursuant to Section 23.01.050 (Amendment), petition the Board of Supervisors to initiate amendment of this title when such amendment would better implement the general plan and increase its effectiveness and/or improve or clarify the procedures or content of this title; and

f.

Enforcement. Enforce and secure compliance with the provisions of this title pursuant to Chapter 23.10 (Enforcement).

Any questions about the interpretation or applicability of any provision of this title, are to be resolved as provided by this section.

a.

Effect of provisions:

(1)

Minimum requirements: The regulations and standards set forth in this title are to be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title.

(2)

Effect upon private agreements: It is not intended that these regulations are to interfere with or annul any easements, covenants or other agreement between parties. When these regulations impose a greater restriction upon the use of land, or upon the height of structures, or require larger open spaces than are imposed or required by other ordinances, rules, regulations or by covenants, easements or agreements, these regulations shall control.

b.

Language:

(1)

Construction: When used in this title, the words "shall," "will," and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular.

(2)

Definitions. Definitions of the specialized terms and phrases used in this title are contained in Chapter 23.11, or in certain other sections of this title where the terms and phrases are actually used.

(3)

Time of day: Whenever a certain hour or time of day is specified in this title, or any permit, condition of approval or notice issued or given as set forth in this title, such hour shall be standard time or daylight savings time, whichever is in current use in the county.

(4)

Number of days: Whenever a number of days is specified in this title, or in any permit, condition of approval or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. Whenever the term

"week" is used, it shall mean the days from Sunday to the following Saturday, inclusive. If the last day for the performance of any act required to be performed within a specified period of time is a holiday, then such period shall be extended to and shall include the next day which is not a holiday. The term "holiday" as used herein, shall mean Saturday, Sunday and all days where the county offices are closed for the entire day.

(5)

Rounding of quantities: Whenever this title requires consideration of distances, numbers of dwelling units, parking spaces or other aspects of development expressed in numerical quantities that are fractions of whole numbers, and this title uses such quantities in the form of whole numbers only, such numbers are to be rounded to the next highest whole number when the fraction is .5 or more, and to the next lowest whole number when the fraction is less than .5; provided, however, that quantities expressing areas of land are to be rounded only in the case of square footage, and are not to be rounded in the case of acreage.

(6)

Site area measured: For any uses that require a minimum site area, the area used shall be the net site area (as defined in Chapter 23.11 as "Site Area, Net"). For parcels of one acre or greater, site area greater than or equal to .995 acres net will be rounded up for the purposes of defining net site areas. For example, a parcel of 4.995 acres net will be considered as conforming to a five acre net site area requirement. A parcel of .90 acres net would not be considered as conforming to a one acre net site area requirement.

c.

Map boundaries and symbols: If questions arise about the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, the following procedures are to be used to resolve such questions in the event that planning area standards (Part II of the Land Use Element), do not define precise boundary or symbol location:

(1)

Where a boundary is shown as approximately following a lot line, the lot line shall be considered to be the boundary.

(2)

Where a land use category applied to a parcel of land is not shown to include an adjacent street or alley, the category shall be considered to extend to the centerline of the right-of-way.

(3)

Where a boundary is indicated as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, railroad right-of-way, street or alleyway, the boundary location shall be determined by the Planning Department, based upon the character and exact location of the particular feature used as a boundary.

(4)

In cases of large ownerships containing separate land use categories unrelated to lot lines or terrain features, the precise location of boundaries is to be determined through Development Plan review and approval (Section 23.02.034), before any development.

(5)

In other cases where boundaries are not related to property lines or contours, planning area standards of the Land Use Element define the precise boundary location or the necessary procedure for determining its location.

(6)

Symbols used to delineate a combining designation may not be property specific. In the case of Historic, and Energy and Extractive area symbols, the text of the applicable Land Use Element area plan will identify the extent of the area covered by the symbol application.

(7)

Symbols indicating proposed public facilities are not property specific. They show only the general area within which a specific facility should be established. The actual distance around a symbol where a facility may be located is defined by Chapter 8, Part I of the Land Use Element.

d.

Allowable uses:

(1)

Where a proposed land use is not specifically listed in Section D, Chapter 7, Part I of the Land Use Element, the Planning Director will review the proposed use when requested to do so by letter and, based upon the characteristics of the use, determine which of the uses listed in the Land Use Element definitions is equivalent to that proposed.

(2)

Upon a written determination by the Planning Director that a proposed unlisted use is equivalent in its nature and intensity to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required and what standards affect its establishment.

(3)

Determinations that specific unlisted uses are equivalent to listed uses will be recorded by the Planning Department, and will be considered for incorporation into the Land Use Element in the next scheduled general plan amendment.

(4)

At the discretion of the Planning Director, allowable use interpretation requests may be forwarded to the Planning Commission for determination. Determinations by the Planning Director may be appealed to the Planning Commission as set forth in Section 23.01.042.

(5)

In the event that a proposed use is found by the Planning Director (or by the Planning Commission or Board of Supervisors in an appeal), to be not equivalent to any listed use, the proposed use shall be deemed not allowed.

e.

Procedure for interpretation: If questions arise from persons or bodies charged with administering this title about its content or application, the Planning Commission shall ascertain all pertinent facts, and by resolution set forth its findings and interpretation. The resolution is to be forwarded to the Board of Supervisors, which is to consider the findings and interpretation of the Planning Commission and render a final decision and interpretation on the matter. Thereafter the interpretation of the Board of Supervisors shall prevail.

f.

References to state law sections. The actual language of the provisions of California State Law take precedence over any paraphrased versions, outdated quotations, or any other allusions to state law contained in this title.

g.

Determination of applicable notice and hearing procedures. The determination of whether a development is categorically excluded, non-appealable or appealable for purposes of notice, hearing and appeals procedures shall be made by the county at the time the application for development within the Coastal Zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and provisions of this title which are adopted as part of the Local Coastal Program. Where an applicant, interested person or the county has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded, non-appealable or appealable:

(1)

The Planning Director shall make his/her determination as to what type of development is being proposed (i.e., categorically excluded, appealable, non-appealable) and shall inform the applicant of the notice and hearing requirements for that particular development.

(2)

If the determination of the Planning Director is challenged by the applicant or an interested person, or if the county wishes to have a determination by the Coastal Commission as to the appropriate designation, the Planning Director shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director's opinion.

[Amended 1995, Ord. 2715]

Decisions of the Planning Department or Planning Commission may be appealed by an applicant or any aggrieved person as follows:

a.

Processing of appeals:

(1)

Timing and form of appeal. An appeal shall be filed within 14 days of the decision that is the subject of the appeal, except where otherwise provided in this title, using the form provided by the Planning Department in addition to any other supporting materials the appellant may wish to furnish, explaining the reasons for the appeal. An appeal shall be filed with the Planning Director, who shall process the appeal pursuant to this section, including scheduling the matter before the appropriate hearing body.

(2)

Report and hearing. When an appeal has been filed, the Planning Director will prepare a report on the matter, and cause the appeal to be scheduled for consideration by the appropriate hearing body identified in subsection b of this section at its next available meeting after completion of the report.

(3)

Action and findings. After holding a public hearing pursuant to Section 23.01.060 (Public Hearing), the appeal body may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions of this title.

(4)

Withdrawal of appeal - land use permits. After an appeal to a decision on a land use permit has been filed, the appeal shall only be withdrawn with the consent of the appropriate Review Authority or by written request of the individual or group that generated the appeal. The date on which the appeal is withdrawn shall constitute the effective date of the permit and initiate the final action notice period established by Section 23.02.036.

(5)

Appeals with other remedies available. Appeals relating to matters resolvable through adjustment, variance, amendment of the Land Use Element or this title, or modification of the provisions of this title through Development Plan approval where allowed by Chapters 23.04 or 23.08 of this title, shall be processed according to the procedures of Sections 23.01.044 and 23.01.045; Chapter 2 of the Land Use Element; Section 23.01.050, and Chapters 23.04 and 23.08, respectively, instead of this section.

b.

Appeal jurisdiction: An appeal shall be heard and decided by the appeal body identified as follows, except where another section of this title may specify a particular appeal body for the purposes of that section.

(1)

Planning Department decisions: The following decisions of the Director of Planning and Building and Planning Department staff may be appealed to the Planning Commission:

(i)

Determinations on the meaning or applicability of the provisions of this title which are believed to be in error, and cannot be resolved with staff;

(ii)

Any determination that a land use permit application or information submitted with such application is incomplete (as provided by Government Code Section 65943);

(iii)

Any determination of consistency with the Land Use Element;

(iv)

Any decision by the Director of Planning and Building to revoke an approved Plot Plan.

(2)

Planning Commission or Zoning Administrator decisions: Any decision of the Planning Commission or the Zoning Administrator pursuant to this title may be appealed to the Board of Supervisors. The decision of the Board of Supervisors shall be final, except where such decision is appealed to the Coastal Commission as set forth in Section 23.01.043.

(3)

Subdivision Review Board decisions. Any decision of the Subdivision Review Board on a land use permit associated with a land division application may be appealed to the Board of Supervisors. The decision of the Board of Supervisors shall be final, except where such decision is appealed to the Coastal Commission as set forth in Section 23.01.043.

c.

Notice of Final County Action on appeals within the Coastal Zone. Where an appeal has been filed and decided pursuant to this section on a project that is appealable to the Coastal Commission as set forth in Section 23.01.043, the county shall provide Notice of Final Action on the project as set forth in Section 23.02.036.

d.

Effective date of appeal decision. Except where otherwise provided by Section 23.02.039 for projects that may be appealed to the Coastal Commission, a decision by the Board of Supervisors on an appeal shall be effective as of the date the decision is reached, and a decision on an appeal by the Planning Commission

shall be effective on the 15th day following the decision, when no appeal to that decision has been filed with the Board of Supervisors.

[Added 1992, Ord. 2584; Amended 1995, Ord. 2715; Amended 2004, Ord. 2999; Ord.. 3001]

Decisions by the Planning Department, Planning Commission or Board of Supervisors on developments within the Coastal Zone may be appealed to the California Coastal Commission as set forth in this section.

a.

Status of appellant.

(1)

Who may appeal. An appeal may be filed by an applicant, any aggrieved person, or two members of the Coastal Commission pursuant to California Public Resources Code (PRC) Section 30625.

(2)

Aggrieved person defined: As set forth in Public Resources Code Section 30801, an aggrieved person is: anyone who, either in person or through a representative who was explicitly identified as such, appeared at a public hearing before the Planning Director, Planning Commission or Board of Supervisors in connection with the decision or appeal of any development, or who by other appropriate means prior to a hearing, informed the county of the nature of his or her concerns, unless for good cause was unable to do either. Aggrieved person also includes the applicant for a permit.

b.

Exhaustion of local appeals required. For an action on coastal development permit applications that may be appealed to the Coastal Commission as set forth in subsection c of this section, an applicant or aggrieved party may appeal a county action on a coastal development application to the Coastal Commission only after all possible local appeals pursuant to Section 23.01.042 have been exhausted. This limitation shall not apply to any circumstance identified in Section 13573 of Title 14 of the California Code of Regulations, including:

(1)

A situation where an appellant was denied the right of appeal pursuant to Section 23.01.042 because county notice and hearing procedures for the action on the development did not comply with the provisions of Title 14, Division 5.5, Chapter 8, Subchapter 2 of the California Code pf Regulations; or

(2)

An appeal of a county decision by two members of the Coastal Commission pursuant to Public Resources Code Section 30625. Provided, however, that notice of Commissioners appeals shall be transmitted to the Board of Supervisors pursuant to Title 14 of the California Code of Regulations Section 13573(b) and the appeal to the Commission may be suspended pending a decision on the merits of the appeal by the Board

of Supervisors. If the 23.01.043 decision of the Board modifies or reverses the previous decision, the Commissioners shall be required to file a new appeal from that decision.

(3)

Where the County charges a fee for the filing or processing of appeals of actions on coastal development projects.

c.

Appealable development. As set forth in Public Resources Code Section 30603(a), and this title, an action by the County on a permit application, including any Variance, Exception or Adjustment granted, for any of the following projects may be appealed to the California Coastal Commission:

(1)

Developments approved between the sea and the first public road paralleling the sea, or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach.

(2)

Approved developments not included in subsection c(1) of this section that are proposed to be located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, stream, or within 300 feet of the top of the seaward face of any coastal bluff.

(3)

Developments approved in areas not included in subsections c(1) or c(2) that are located in a Sensitive Coastal Resource Area, which includes:

(i)

Special marine and land habitat areas, wetlands, lagoons, and estuaries mapped and designated as Environmentally Sensitive Habitats (ESHA) in the Local Coastal Plan. Does not include resource areas determined by the County to be Unmapped ESHA.

(ii)

Areas possessing significant recreational value, including any "V" (Visitor Serving designation) as shown in the Land Use Element and areas in or within 100 feet of any park or recreation area.

(iii)

Highly scenic areas which are identified as Sensitive Resource Areas by the Land Use Element.

(iv)

Archaeological sites referenced in the California Coastline and Recreation Plan or as designated by the State Historic Preservation Officer.

(v)

Special Communities or Small-Scale Neighborhoods which are significant visitor destination areas as defined by Chapter 23.11 of this title.

(vi)

Areas that provide existing coastal housing or recreational opportunities for low-and moderate income persons.

(vii)

Areas where divisions of land could substantially impair or restrict coastal access.

The procedures established by Section 23.01.041c (Rules of Interpretation) shall be used to resolve any questions regarding the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, including for the purpose of determining the appealability of a development within a sensitive Resource Area.

(4)

Any approved development not listed in Coastal Table O, Part I of the Land Use Element as a Principal Permitted (P) Use.

(5)

Any development that constitutes a Major Public Works Project or Major Energy Facility. "Major Public Works Project" or "Major Energy Facility" shall mean any proposed public works project or energy facility exceeding $100,000 in estimated construction cost, pursuant to Section 13012, Title 14 of the California Administrative Code.

[Amended 2004, Ord. 3048]

d.

Grounds for appeal. As required by Section 30603 of the Public Resources Code, the grounds for appeal pursuant to this section shall be limited to an allegation that the development does not conform to the standards set forth in the certified Local Coastal Program or the public access policies set forth in the California Coastal Act (Section 30210 et seq. of the Public Resources Code).

The grounds for appeal of a denial of a permit pursuant to section c(5) (Major Public Works or Major Energy Facility) shall be limited to an allegation that the development conforms to the standards set forth in the certified Local Coastal Program and the public access policies set forth in the California Coastal Act (Section 30210 et seq. of the Public Resources Code).

e.

Time for appeal to Coastal Commission. Any final action by the county on an appealable development shall become effective after the 10-working day appeal period to the Commission in accordance with the requirements of Section 23.02.039 and applicable provisions of the Coastal Act.

f.

Notice to county of appeal to Coastal Commission. An appellant shall notify the county when appealing to the Coastal Commission by providing the county a copy of the information required in Section 13111 of Title 14 of the California Code of Regulations.

[Amended 2004, Ord. 2999; Amended 2004, Ord. 3001, Amendment 2006, Ord. 3082]

a.

When allowed: When a standard of Chapter 23.04, 23.05 or 23.08, or a planning area standard of the Land Use Element identifies specific circumstances under which reduction of the standard is appropriate, an applicant may request an adjustment to the standard. (For example, Section 23.04.108a(3) provides that a required front setback may be reduced to a minimum of five feet through the adjustment process when the elevation of the lot is seven feet above or below the street centerline at 50 feet from the centerline.)

b.

Application filing and processing: An adjustment request is to be filed with the Planning Department in the form of an attachment to the project application, with appropriate supporting materials. The request is to specify the Coastal Zone Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Planning Department unless the request is within the range of adjustments prescribed in the standard. A request for adjustment shall be approved by the Planning Director when the director finds that the criteria for adjustment specified in the subject standard are satisfied.

A variance from the strict application of the requirements of this title may be requested as provided by this section. For the purposes of this title, a variance is a land use permit.

a.

Limitations on the use of a variance. A variance shall not be used to:

(1)

Reduce the minimum parcel size required for a new land division by Chapters 23.04 or 23.08 of this title below the range of parcel sizes specified by Part I of the Land Use Element for the land use category in which the subject site is located; or

(2)

Authorize land uses other than those normally identified as allowable in a particular land use category by Coastal Table O, Part I of the Land Use Element, planning area standards of the Land Use Element, Chapter 22.08 or other chapter of this title, pursuant to Government Code Section 65906.

b.

Application: A written application for variance shall be filed with the Planning Department on the form provided, accompanied by all graphic information required for Plot Plans by Section 23.02.030b (Plot Plan Content), and any additional information necessary to explain the request. Acceptance of the application is subject to Section 23.01.033a (Consistency with the Land Use Element Required), and 23.02.022 (Determination of Completeness).

c.

Notice and hearing. After acceptance of a variance application and completion of a staff report, the Planning Commission will conduct a public hearing on the variance request. The notice and scheduling of the hearing shall be pursuant to Section 23.01.060 (Public Hearing).

d.

Action on a variance. The Planning Commission shall approve, approve subject to conditions, or disapprove a variance as set forth in this subsection. Such decision may be appealed to the Board of Supervisors as set forth in Section 23.01.042 (Appeal).

(1)

Findings. Approval or conditional approval may be granted only when the Planning Commission first determines that the variance satisfies the criteria set forth in Government Code Section 65906 by finding that:

(i)

The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and land use category in which such property is situation; and

(ii)

There are special circumstances applicable to the property, related only to size, shape, topography, location, or surroundings, and because of these circumstances, the strict application of this title would deprive the property of privileges enjoyed by other property in the vicinity that is in the same land use category; and

(iii)

The variance does not authorize a use that is not otherwise authorized in the land use category; and

(iv)

The variance is consistent with the provisions of the Local Coastal Program; and

(v)

The granting of such application does not, under the circumstances and conditions applied in the particular case, adversely affect public health or safety, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

(2)

Conditions of approval. In approving an application for variance, such conditions shall be adopted as are deemed necessary to enable making the findings set forth in Section 23.01.045d(1).

(3)

Notice of Final Action. Where the variance request is appealable to the Coastal Commission pursuant to Section 23.01.043, a Notice of Final Action on the variance shall be provided as set forth in Section 23.02.036d.

e.

Effective date of variance. Except where otherwise provided by Section 23.01.043c for projects that may be appealed to the Coastal Commission, an approved variance shall become effective for the purposes of construction permit issuance or establishment of a non-structural use, on the 15th day after the act of Planning Commission approval; unless an appeal to the Board of Supervisors is filed as set forth in Section 23.01.042.

f.

Time limits and extensions. An approved variance is subject to the time limits, extension criteria and other provisions of Sections 23.02.040 through 23.02.052 of this title.

[Amended 1995, Ord. 2715, Amended 2004, Ord. 3001]

23.01.046 - Reasonable Accommodation Adjustment.

a.

Purpose. The purpose of this section is to provide a procedure for an individual with a disability to seek a reasonable accommodation in the application of this Title to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities as provided by the federal Fair Housing Amendments Act of 1988 and California's Fair Employment and Housing Act, herein known as the "Acts". Reasonable accommodation means providing an individual with a disability flexibility in the application of land use regulations, including modification or exception to the requirements for siting development when necessary to eliminate regulatory barriers.

b.

Applicability. Any person seeking approval to construct and/or modify residential housing and/or emergency shelters to allow for the accommodation by person(s) with disabilities, and/or operate residential care facilities, which will serve persons with disabilities, may apply for a reasonable accommodation adjustment.

c.

Application filing. An adjustment request shall be filed with the Department in the form of an attachment to the project application, with appropriate supporting materials including:

(1)

The applicant's name, address and telephone number.

(2)

Address of the property for which the request is being made.

(3)

The current actual use of the property and how the property will be used by the individual protected under the Acts.

(4)

The basis for the claim that the individual is considered disabled under the Acts.

(5)

The provision, regulation or policy from which reasonable accommodation is being requested.

(6)

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

d.

Review procedure. The request shall specify the Coastal Zone Land Use Ordinance standard requested for adjustment, and document the manner in which the proposed project qualifies for the adjustment. A request for adjustment shall not be accepted for processing by the Department unless the request is within the range of adjustments prescribed by this Section. A request for adjustment shall be approved by the Director when the Director finds the following:

(1)

The housing, which is the subject of the request, will be used by an individual with a disability protected under the Acts.

(2)

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability protected under the Acts.

(3)

The requested reasonable accommodation would not impose an undue financial or administrative burden on the County.

(4)

The requested reasonable accommodation would not require a fundamental alteration in the nature of County ordinances or general plan.

(5)

The requested reasonable accommodation would not waive a requirement for a land use permit building permit or encroachment permit when otherwise is required.

(6)

The requested reasonable accommodation will not result in approved uses that are otherwise prohibited by the County's ordinances and general plan.

(7)

If the Director grants, or grants with modifications, the adjustment, the adjustment shall be granted to an individual and shall not run with the land unless the Director also finds that the modification is physically integrated into the structure and cannot be easily removed or altered to comply with this Title.

(8)

The requested is limited to the minimum reasonable accommodation necessary to accommodate the needs of the individual protected under the Acts.

(9)

The reasonable accommodation will not negatively impact coastal resources.

e.

Reasonable accommodation adjustment.

(1)

Adjustments allowed. Adjustments may include, but are not limited to:

i.

setbacks and encroachments for ramps, handrails or other such accessibility improvements;

ii.

hardscape additions such as widening driveways, parking areas or walkways that would not otherwise comply with landscaping or open space provisions;

iii.

reduction of off-street parking where the disability clearly limits the number of people operating vehicles;

iv.

tree removal; and building addition(s) necessary to afford the applicant and equal opportunity to use and enjoy a dwelling.

(2)

Adjustments prohibited. Adjustments may not include accommodations which would impose an undue financial or administrative burden on the County or require a fundamental alteration in the County's Ordinances or General Plan. A reasonable accommodation cannot waive a requirement for a land use permit, including a Coastal Development Permit, when one is otherwise required or result in approved uses otherwise prohibited by the County's Ordinances and General Plan.

f.

Duration of reasonable accommodation.

(1)

The reasonable accommodation may continue to be used and maintained by the individual with a disability for the duration of his or her tenancy in the dwelling subject to the finding in Subsection D.7.

(2)

Within 60 days of the termination of the tenancy the reasonable accommodation shall be removed unless the Director has determined that the reasonable accommodation may remain as provided in Subsection D.7.

[Added 2014, Ord. 3263]

The Local Coastal Program (including this title) may be amended whenever the Board of Supervisors deems that public necessity, convenience, or welfare require, pursuant to the procedures set forth in this section.

a.

Initiation of amendment. Amendments may be initiated by the Board of Supervisors upon its own motion; or by the Board of Supervisors upon acceptance of a petition from any interested party, including the Planning Director and/or Planning Commission. Petitions shall include a description of the benefit to be derived as a result of the amendment. The Board of Supervisors may refer a proposed amendment to the Planning Director and/or Planning Commission for response before deciding whether to initiate the amendment.

b.

Planning Commission Hearing: The Planning Commission will hold a public hearing on any proposed amendment to this title pursuant to Section 23.01.060. The purpose of the hearing shall be to receive testimony from parties interested in the proposed amendment, consider the recommendations of the Planning Director, and adopt a recommendation to the Board of Supervisors.

c.

Planning Commission Recommendation: After the public hearing, the Planning Commission shall submit a written recommendation to the Board of Supervisors on the proposed amendment, setting forth the reasons for the recommendation and the relationship of the proposed amendment to affected general and specific plans.

d.

Board of Supervisors Hearing: Upon receipt of the Planning Commission recommendation, the Board of Supervisors shall hold a public hearing pursuant to Section 23.01.060. The Board of Supervisors may approve, modify or disapprove the recommendation of the Planning Commission, provided that any modification of a proposed amendment by the Board of Supervisors not previously considered by the Planning Commission shall first be referred to the Planning Commission for report and recommendation. The Planning Commission is not required to hold a public hearing on such referral. Failure by the Planning Commission to report within 40 days after the referral shall be deemed approval of the proposed modification to the amendment.

e.

Effective Date of Amendments. An amendment to this title or the San Luis Obispo County Local Coastal Plan as certified by the California Coastal Commission shall not become effective after Board of Supervisors adoption until the amendment is also certified by the California Coastal Commission pursuant to Chapter 6, Article 2 of the California Coastal Act, as follows:

(1)

Denial of an amendment request by the Board of Supervisors shall be final and no appeal to the Coastal Commission shall be allowed except as provided by subsection e(2) of this section.

(2)

Pursuant to Section 30515 of the Coastal Act, any person or agency authorized to undertake a public works project or major energy facility development, who was denied a request to amend the Local Coastal Program, may file the request for amendment with the Coastal Commission.

When a public hearing is required by this title before action on a Minor Use Permit (Section 23.02.033), Development Plan (Section 23.02.034), variance (Section 23.01.045, appeal (Section 23.01.042) or amendment (Section 23.01.050), the hearing shall be conducted as provided by this section.

a.

Notice of hearing: Notice of a public hearing shall be given as follows:

(1)

Content of notice. The hearing notice shall contain the information required by Government Code Section 65094 and any additional information the Planning Director deems appropriate. Where the public hearing is for the purpose of considering an application for land use permit or variance approval, or for appeals to decisions on such applications, the notice shall also include the following information:

(i)

A statement that the development is within the coastal zone;

(ii)

The date of filing of the application and the name of the applicant;

(iii)

The county file number assigned to the application;

(iv)

A description of the development and its proposed location;

(v)

The date, time and place at which the application will be heard;

(vi)

A brief description of the general procedure of county concerning the conduct of hearing and county actions;

(vii)

The system for county and Coastal Commission appeals, including any fees required.

(2)

Method of notice distribution. Notice of public hearings pursuant to this title shall be given as follows:

(i)

Permits, permit amendments and appeals. Notice shall be given as provided by Government Code Section 65091 and shall be provided by first class mail to each applicant, to all persons who have requested to be on the mailing list for the development project or for coastal decisions within the county, to all property owners within 300 feet as shown on the latest equalized assessment role and residents within 100 feet of the perimeter of the parcel on which the development is proposed and to the Coastal Commission.

(ii)

Local Coastal Program amendments. Notice shall be given as set forth in Sections 65090 and 65091 et seq. of the Government Code and Sections 13515 and 13552 of Title 14 of the California Administrative Code.

(3)

Timing of notice. Public hearing notices shall be mailed by first class mail and published where required by the Government Code at least 10 days before the first public hearing on the matter.

b.

Scheduling of hearing. After an application for a permit, variance or proposed amendment is issued an exemption, negative declaration or environmental impact report by the Environmental Coordinator and is returned to the Planning Department, or an appeal to a county action is filed, the matter shall be scheduled for public hearing on the next available Planning Commission or Board of Supervisors agenda (as applicable) reserved for such matters after completion of the Planning Department staff report; provided that a hearing on an amendment shall not be scheduled sooner than 30 days after completion of review by the Environmental Coordinator. At the request of the project applicant and/or at the discretion of the hearing body, a public hearing may be continued from time to time; provided that a hearing on a proposed amendment to this title shall be completed and a recommendation adopted within 60 days of the first noticed date of public hearing.

c.

Notice of county action when hearing continued. If a decision on a permit or amendment is continued by the county to a time which is neither previously stated in the notice provided pursuant to subsection a. above, nor announced at the hearing as being continued to a time certain, the county shall provide notice of the further hearings (or action on the proposed development) in the same manner and within the same time limits as provided by subsection a. above.

d.

Conduct of hearing. At public hearings pursuant to this title, interested persons may present information and testimony relevant to a decision on the proposed project. Applications will be scheduled for separate action, except that in the case of Minor Use Permits a consent agenda, where several applications may be considered at one time, may be utilized.

Any court action or proceeding to attack, review, set aside, void or annul any decision of matters set forth in this Coastal Zone Land Use Ordinance otherwise subject to court review (other than those listed in Section 65907 of the Government Code), or concerning any of the proceedings, acts or determinations taken, done or made before such decisions, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is filed within 90 days after the date such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations.

If any chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of the Coastal Zone Land Use Ordinance is for any reason held to be invalid, unconstitutional or unenforceable by

the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Coastal Zone Land Use Ordinance. The Board of Supervisors hereby declares that this Coastal Zone Land Use Ordinance and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion thereof would have been adopted irrespective of the fact that one or more of such chapters, sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases or portions of thereof be declared invalid, unconstitutional or unenforceable.

Chapter 23.02 - PERMIT APPLICATIONS - CONTENT, PROCESSING & TIME LIMITS