§ 23.04

This chapter establishes standards for the design and layout of sites for land uses, new developments and divisions of land, where allowed by the Land Use Element. The purpose of these standards is to support, through careful site evaluation and design, the establishment of land uses in a manner that is compatible with existing land uses and neighborhoods; the natural environment; the economic viability of the county; and the health and safety of county residents. The purpose of these standards is also to support achievement of the objectives of the general plan.

The standards of this chapter apply to all new land uses required to have a permit pursuant to this title, except:

a.

Where the standards of Chapters 23.07 (Combining Designation Standards), or 23.08 (Special Uses) conflict with the provisions of this chapter, the provisions of Chapters 23.07 and 23.08 prevail;

b.

Where planning area standards (Part II of the Land Use Element) conflict with the standards of this chapter, the planning area standards prevail.

c.

Where policies (Part II of the Policy Document of the Local Coastal Plan) conflict with the standards of this chapter, the policies shall prevail.

Sections 23.04.021 through 23.04.036 determine the minimum parcel 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 the County 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 consistent with the general plan, pursuant to Section 66473.5 of the Government Code. These standards are organized as follows:

23.04.021 Parcel Size Standards

23.04.022 Information Used in Determination

23.04.024 Agriculture Category

23.04.025 Rural Lands Category

23.04.026 Residential Rural Category

23.04.027 Residential Suburban Category

• 23.04.028 Residential Single-Family and Multi-Family

23.04.029 Commercial and Office Categories

23.04.030 Industrial Category

23.04.031 Public Facilities Category

23.04.032 Recreation Category

23.04.033 Open Space Category

23.04.036 Cluster Division

[Amended 1995, Ord. 2715]

• 23.04.021 - Parcel Size Standards.

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 of Sections 23.04.024 through 23.04.036 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, public hearing testimony and any potential specific, adverse impacts.

a.

When used. The standards of Sections 23.04.022 through 23.04.036 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 ordinance, except as provided by subsection c and as follows:

(1)

Where planning area standards of the Land Use Element set minimum parcel size requirements for specific areas of the county, the planning area standards control instead of the provisions of Sections 23.04.022 through 23.04.036.

(2)

The standards of Sections 23.04.022 through 23.04.036 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 23.04.040 (Minimum Site Area) of this Chapter.

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 Chapter 23.11 as "Site Area, Net") is to be used in all cases, except that:

(1)

Lots one acre or larger after division may use gross site area (see Chapter 23.11) 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.

==> picture [432 x 179] intentionally omitted <==

Gross Site Area and Net Site Area

==> picture [420 x 292] intentionally omitted <==

Detached Sidewalk - Net Site Area

(2)

Lots where 10 additional feet on each side of the street is dedicated in order to incorporate detached sidewalks with fixed width parkways between the curb and sidewalk, or meandering sidewalks which vary the separation between the curb and sidewalk, where the parkway between the curb and sidewalk is landscaped and includes one or more street tree per 50 feet of frontage and turf or low maintenance plants, may include that 10 feet in the calculation of net site area. Equestrian trail facilities may also be included in the calculation of net site area.

(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.

c.

Overriding land division requirements. All applications for land division within the Coastal Zone (except condominium conversion) shall satisfy the following requirements, as applicable, in addition to all applicable provisions of Sections 23.04.024 through 23.04.036. In the event of any conflict between the provisions of this section and those of Sections 23.04.024 through 23.04.036, this section shall prevail.

(1)

Water and sewer capacities - urban areas: In communities with limited water or sewage disposal service capacity as defined by Resource Management System alert level II or III:

(i)

Within an urban services line, new land divisions shall not be approved unless the approval body first finds that sufficient water and sewage disposal capacities are available to accommodate both existing development and development that would be allowed on presently vacant parcels.

(ii)

A proposed land division between an urban services line and urban reserve line shall not be approved unless the approval body first finds that sufficient water and sewage disposal service capacities are available to accommodate both existing development within the urban services line and development that would be allowed on presently vacant parcels within the urban services line.

(2)

Minimum parcel size between urban services and urban reserve lines: In communities with limited water or sewage disposal service capacity problems as defined by Resource Management System alert Level II or III, new divisions of land (except divisions proposed by public agencies) between an urban services line and urban reserve line are subject to the following requirements:

(i)

New parcels shall be no smaller than the largest minimum parcel size established for the subject land use category by Sections 23.04.024 through 23.04.036.

(ii)

A cluster subdivision may be permitted (23.04.036) provided that the overall density does not exceed the base density computed by using the largest parcel size required for the applicable land use category by Sections 23.04.024 et seq.

(3)

Land divisions requiring new service extensions. To minimize conflicts between agricultural and urban land uses, land divisions requiring new community water or sewer service extensions beyond the urban services line shall not be approved.

(4)

Conveyances of land by public agencies and other public entities. In making the determination of whether public policy necessitates the filing of a parcel map pursuant to Section 21.48.015(9) of this code, the Planning Director at a minimum shall require a Tentative Parcel Map. Such map shall not be approved by the county unless found consistent with the Local Coastal Program.

(5)

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

(i)

Sections 23.04.024 through 23.04.033 would require a larger parcel size; or

(ii)

A proposed parcel is to be located within a cluster division pursuant to Section 23.04.036 with a maximum density of 2.5 acres or more per dwelling unit; or

(iii)

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

(6)

Highly-visible sites. New land divisions where the only feasible building site would be on slope or ridgetop where a building would be silhouetted against the skyline as viewed from a public road shall be prohibited as required by Visual and Scenic Resources Policy 4 of the Local Coastal Plan.

(7)

Location of access roads and building sites. Proposed access roads and building sites shall be shown on tentative maps and shall be located on slopes less than 20 percent.

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

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 Planning 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.

This section contains three methods for determining minimum parcel size in the Agriculture land use category for both prime and non-prime soils. 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 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. All divisions in the agriculture category shall be consistent with applicable agriculture policies contained in the Local Coastal Plan policy document and with the applicable overriding findings contained in subsection e and f of this section.

a.

Application content. All applications for land divisions in the Agriculture land use category shall also include an agricultural viability report containing the following information, in addition to the information required by Title 21 of this code:

(1)

Existing land uses on the site.

(2)

Present annual income derived from agricultural operations and other income-generating operations on the site.

(3)

Site characteristics affecting agricultural land use and production, including topography, soils, climate, water availability and adjacent land uses.

(4)

The potential of the site to support future food-producing agricultural uses and estimated annual income from such uses.

(5)

Potential effects of the proposed land division development on agricultural food production, both shortterm and long-term.

(6)

Recommendations and conclusions of the developments effect on agricultural production.

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 based on the type of existing agricultural use, with the required minimum being the largest area determined by the following tests. Where a site contains more than one agricultural use, each new parcel shall satisfy the minimum size for its respective use:

(1)

Crop production:

(2)

Specialized animal facilities. The minimum size for a new parcel occupied by a dairy, feedlot, hog ranch, horse ranch or poultry ranch with related permanent structures consistent with applicable requirements of Section 23.08.046 is 20 acres. In order to qualify for a 20-acre minimum parcel size, at least 18 acres of the proposed parcel must be occupied by one of the specialized animal facilities identified by this subsection.

(3)

Agricultural processing: The minimum size for a new parcel with established agricultural processing facilities and structures shall be 20 acres.

(4)

Averaging test. Where the average size of parcels in the agriculture category with equivalent uses immediately adjacent to the proposed division is higher than the sizes otherwise provided by this subsection, the minimum parcel size shall be the average of abutting parcels (including those that are separated only by a right-of-way).

c.

Size based upon land capability. Where a parcel 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 tests:

(1)

Land capability test. The minimum size for new parcels is to be based upon the Soil Conservation Service classification, as set forth in the following table. Where a site contains more than one soil type, each new parcel is to be designed so as to contain sufficient area of one soil type to satisfy the minimum parcel size requirement for each respective soil type.

Notes:

1.

Soil Conservation Service Classification.

(2)

Averaging test. Where the average size of parcels in the agriculture category with equivalent soils immediately adjacent to the proposed division is higher than the sizes provided by subsection c(1), the minimum parcel size shall be the average of abutting parcels (including those which are separated only by a right-of-way).

d.

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 the terms of the preserve contract. However, approval of a land division under agricultural preserve contact is discretionary and a parcel size larger than the minimum designated in the contract may be required to ensure agricultural sustainability in accordance with the provisions of the adopted agricultural preserve rules of procedure.

(1)

Existing preserves: The minimum parcel size for lands under agricultural preserve contract before the effective date of this title is to be no smaller than that defined by the terms of the executed preserve contract, as long as the contract remains in effect. The minimum parcel size is to be no smaller than that applicable to the preserve at the time of contract execution.

(2)

New preserves: The minimum parcel size for lands under agricultural preserve contract executed after the effective date of this ordinance is to be no smaller than that determined through the process of contract negotiation, approval and execution, based upon the adopted agricultural preserve rules of procedure.

e.

Overriding requirements for division on prime agricultural soils. Land divisions on prime agricultural soils as defined by this title shall be subject to the following requirements:

(1)

The division of prime agricultural soils within a parcel shall be prohibited unless it can be demonstrated that existing or potential agricultural production of at least three crops common to the local agricultural economy would not be diminished;

(2)

The creation of new parcels where the only building site would be on prime agricultural soils shall be prohibited;

(3)

Adequate water supplies shall be available to maintain habitat values and to serve any proposed development and support existing agricultural viability.

f.

Overriding requirements for division of non-prime agricultural soils. Land divisions on non-prime agricultural soils as defined by this title shall be subject to the following requirements:

(1)

Mandatory findings. A proposed land division shall not be approved unless the approval body first finds that the division will maintain or enhance the agricultural viability of the site.

(2)

Application content. The land division application shall identify the proposed uses for each parcel.

[Amended 1995, Ord. 2715]

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 of this section. The allowable minimum size is the largest area obtained from any of the tests, except as provided for cluster divisions by Section 23.04.036.

a.

Remoteness test: The minimum parcel size is to be based upon the distance of the parcel proposed for division from the nearest urban or village reserve line. Such distance is to be measured on the shortest public road route between the reserve line and the site. Private roads are to 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 is to be used as the result of this test.

b.

Fire hazard/response time test. The minimum parcel size is to 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.

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.

c.

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) of this section 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:

(i)

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

(ii)

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).

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 with-out 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.

d.

Slope test: Site slope shall be measured as defined in Chapter 23.11 (Definitions - Slope).

Notes:

1.

Geologic Study Area combining designation.

[Amended 1992, Ord. 2570; 1995, Ord. 2715]

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 of this section. The allowable minimum size is the largest area obtained from any of the tests, except as provided for cluster divisions by Section 23.04.036.

a.

Remoteness test: The minimum parcel size is to 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 are to 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 is to be used as the result of this test.

b.

Fire hazard/response time test. The minimum parcel size is to be based on the degree of fire hazard in the site vicinity, and the response time. Response time is the time necessary for 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.

Notes:

1.

Determined by applicable fire protection agency.

2.

As defined by the Safety Element.

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

c.

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) of this section 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:

(i)

Parcels of less than 5 acres are proposed; the access road is identified as a collector or arterial by the Circulation or Land Use Element; or

(ii)

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).

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 Chapter 23.11 (Definitions - Slope).

Notes:

1.

Geologic Study Area combining designation.

[Amended 1992, Ord. 2570; 1995, Ord. 2715]

The minimum parcel size for new lots 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 23.04.036.

a.

Slope test: Site slope shall be measured as defined in Chapter 23.11 (Definitions - Slope).

Notes:

1.

Geologic Study Area combining designation.

b.

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

[Amended 1992, Ord. 2570]

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 of this section for condominium-type projects, and except for cluster divisions pursuant to Section 23.04.036. Community water service is a prerequisite to land division in the Residential Single-Family and Multi-Family categories in every case.

a.

Lot access 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 is to be applied only to the street that actually provides vehicular access.

Notes:

1.

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

b.

Slope test. Site slope is to be measured as an average for each proposed parcel, as defined in Chapter 23.11 (Definitions - Slope).

Notes:

1.

Geologic Study Area combining designation.

c.

Sewer test: Considers the type of sewage treatment facilities that will serve the proposed parcels.

d.

Condominiums: A condominium, planned development or similar residential unit ownership project pursuant to Section 66427 et seq. of the Subdivision Map Act may use smaller parcel sizes to be determined through Development Plan approval by the Review Authority, as set forth in Section 23.02.034, at the same time as tentative map approval, 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 23.04.084 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 23.04.028d.

(3)

Application contents. The Development Plan application required by Subsection d - Condominiums, shall include all information specified by Chapter 2 of this Title, in addition to the following:

(i)

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)(ii).

(ii)

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.

(iii)

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:

(a)

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

(b)

A copy of the Impact Report and Property Condition Report that are submitted in compliance with subsections e.(3)(i) and (ii).

(c)

The approximate date that the units shall be vacated if the Development Plan and tentative map are approved.

(d)

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 Development Plan and tentative map.

(e)

A general description of the relocation assistance to be provided pursuant to subsection e(5).

(f)

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.

(g)

The approximate sales price of the tenant's unit.

(h)

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.

(i)

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.

(j)

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 23.01.060.

(i)

Notice of intent to convert. A notice of "intent to convert" at least 60 days prior to submittal of the Development Plan 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.

(ii)

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.

(iii)

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

(iv)

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.

(v)

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

(5)

Conditions of approval. Approval of a Development Plan shall include the following conditions of approval at a minimum.

(i)

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 23.04.094. 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 23.04.094. If the project is subject to the affordable housing requirements of other ordinances or agencies then the most restrictive requirements shall apply.

(ii)

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.

(a)

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 23.04.094.

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 23.04.094.

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.

(b)

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.

(iii)

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

(iv)

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.

(v)

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.

(vi)

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.

(vii)

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

(viii)

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 Development Plan 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:

(i)

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 residential rental units 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.

(ii)

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.

[Amended 1992, Ord. 2570, 2584; 1995, Ord. 2715; 2006, Ord. 3112]

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:

A commercial condominium or planned development pursuant to Section 66427 et seq. of the Subdivision Map Act, with individual unit ownership, may use smaller parcel sizes to be determined through Development Plan approval by the Review Authority, as set forth in Section 23.02.034, at the same time as tentative map approval. [Amended 1992, Ord. 2584]

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.

An industrial condominium or planned development pursuant to Section 66427 et seq. of the Subdivision Map Act, with individual unit ownership, may use smaller parcel sizes to be determined through Development Plan approval by the Review Authority, as set forth in Section 23.02.034, at the same time as tentative map approval.

[Amended 1992, Ord. 2584]

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, pursuant to Section 66428 of the Subdivision Map Act. The mini-mum 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.

The minimum parcel size is to be determined through Development Plan approval (Section 23.02.034) by the Review Authority, 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 Development Plan review is to evaluate the appropriateness of a land division request on the basis of the type of development proposed and the character of the site vicinity. There is no predetermined minimum parcel size in the Recreation Category, however the range specified by the Land Use Element is as follows:

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.

[Amended 1992, Ord. 2584]

The minimum parcel size shall be determined through approval of a Development Plan as set forth in Section 23.04.034, by the Review Authority, unless a specific minimum parcel size is set by planning area standards (Land Use Element, Part II).

[Amended 1992, Ord. 2584]

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 and Residential Single- Family categories may be decreased as provided by this section.

a.

Permit requirement: Development Plan approval pursuant to Section 23.02.034 through a public hearing held as set forth in Section 23.01.060, to occur at the same time as approval of a tentative map. Development Plan 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. [Amended 1992, Ord. 2584]

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 23.04.025 et seq. applicable to the land use categories in which the site is located, except:

(1)

Where a minimum parcel size for new land divisions 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 specified in the planning area standard. The actual size of the clustered lots shall then be determined by subsection d below.

(2)

Where division is proposed between an urban services line and urban reserve line in a community that is subject to a Resource Management System alert Level II or III, the number of lots that may be clustered shall be determined as set forth in Section 23.04.021c(2), and no density increase bonus shall be allowed pursuant to subsection c of this section.

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 Development Plan approval, where it is determined that the site or vicinity cannot support the number of units resulting from the bonus without significant adverse effects.

[Amended 1992, Ord. 2584]

d.

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

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 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. [Amended 1992, Ord. 2584]

e.

Design standards:

(1)

Open space parcel required. A cluster division is to include at least one open space parcel. 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 is not to be developed with structural uses other than agriculture accessory buildings. The open space parcel may be used for any of the following: Crop production or range land; 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.

(2)

Guarantee of open space. The required open space parcel is to be maintained as open space as long as the clustered lots exist, or such other period designated through Development Plan approval. Such period is to be guaranteed by open space easement, or dedication of fee or partial fee title to a public or quasipublic agency. [Amended 1992, Ord. 2584]

(3)

Site design:

(i)

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

(ii)

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

(iii)

Development is to 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 1992, Ord. 2584]

Minimum site area is the smallest existing lot size for which a building permit will be issued. Sections 23.04.040 through 23.04.048 set minimum site area standards for the use of existing lots. These standards are not to be used to determine the required parcel size for new land divisions, which are instead subject to Sections 23.04.020 et seq. (Parcel Size). Any legally created lot may be used for any use where designated as an "A" use by Table O, Part I of the Land Use Element, regardless of whether the lot satisfies the minimum parcel size standards for new lots set by Sections 23.04.020 et seq. (Parcel Size), provided that:

a.

The existing lot proposed for use is not smaller than the minimum site area required for the proposed use by Section 23.04.044 (Required Area), or Chapter 23.08 (Special Uses), or by the planning area standards of the Land Use Element (Part II).

b.

The lot is of sufficient size to satisfy all applicable requirements of Sections 23.04.060 et seq. of this chapter, without the need for a variance based upon inadequate parcel size.

c.

The proposed use is authorized by the appropriate land use permit as determined by Chapters 23.03 or 23.08 of this title, or planning area standard of the Land Use Element.

For the purpose of determining whether a specific lot or contiguous lots satisfy these standards for minimum building site, no portion of an existing or proposed abutting street right-of-way shall be included in the area calculated.

The following land uses are to be located only on sites with the minimum areas specified, unless other minimum site area requirements are established by Chapter 23.08 for special uses, by

Chapter 23.07 for Combining Designations or by the Planning Area Standards of the Land Use Element.

a.

Agricultural uses: No minimum site area.

b.

Communications uses: No minimum.

c.

Cultural, education and recreation uses: No minimum site area, except as follows:

(1)

Off-Road vehicle courses: 20 acres, or larger size determined by the Planning Commission through the process of Development Plan review based upon the nature and location of the proposed use and its potential impacts.

(2)

Public assembly and entertainment: 20,000 square feet. In the case of a theater located within a shopping center or parking district, the minimum area may be combined with other uses and common parking facilities.

d.

Manufacturing and processing: No minimum site area, except as follows:

(1)

Food and kindred products: Five acres for tallow works and rendering plants; no minimum site area for other uses.

(2)

Metal industries, primary: Five acres.

(3)

Paving materials: One acre.

(4)

Petroleum refining and related industries:

(i)

20 acres for refineries and tank farms;

(ii)

20,000 square feet for petroleum product distributors where all storage is underground or within a building.

e.

Residential uses: The minimum site area for any residential use is 6,000 square feet, except as follows:

(1)

Multiple-family dwellings: 6,000 square feet for two units. Minimum site area for additional units is established by Section 23.04.084 (Residential Intensity - Multi-Family Dwellings).

(2)

Single-family residence: 1,750 square feet, except:

(i)

One acre is required where a well and septic system are to be located on a single lot; and

(ii)

Two and one-half acres is required where a lot is proposed to have a septic system and is located within a Domestic Reservoir Watershed as defined by Section 19.20.222b(3) of the Building and Construction Ordinance, except that no minimum is required where a lot is part of an approved cluster subdivision with a maximum density of 2.5 acres per dwelling unit or less. No land within a horizontal distance of 200 feet

from the reservoir impoundment, as determined by the spillway elevation, shall qualify for computing minimum site area, residential density, or for septic system sighting.

(iii)

As provided by Section 23.04.048 (Lot Consolidation).

(3)

Mobilehomes: As required by Section 23.08.163 (Individual Mobilehomes).

f.

Resource extraction: No minimum site area.

g.

Retail trade: No minimum.

h.

Services: No minimum site area, except as follows:

(1)

Correctional institutions: 20 acres, except where Section 23.04.020 would require a larger minimum parcel size.

(2)

Waste disposal sites: 20 acres.

i.

Transportation: One acre, except that piers, pipelines and power transmission, public utility centers, transit stations and terminals require no minimum.

j.

Wholesale trade: No minimum.

In any residential or Rural Lands land use category, any single ownership of two or more adjoining vacant lots with continuous frontage, shall be considered a single parcel of real property and a single building site, except as otherwise provided by this section. No sale, transfer, division or development of less than all of such single parcel shall occur unless the portion or portions of the single parcel to be sold, transferred, divided or developed are in conformity with the provisions of this title as modified by this section.

(1)

Where sewage disposal is by community sewage system:

(i)

Minimum lot size: 3,500 square feet.

(ii)

Minimum lot width: 40 feet, measured along the front setback line (Section 23.04.108).

(2)

Where sewage disposal is by individual sewage disposal system:

(i)

Minimum lot size: 6,000 square feet where served by community water; one acre where served by a domestic well.

(ii)

Minimum lot width: 50 feet, measured along the front setback line (Section 23.04.108).

This section establishes permit requirements and standards for non-agricultural uses in the Agriculture category consistent with Local Coastal Plan Agricultural policies 3, 4, and 5.

a.

Sighting of structures. A single-family dwelling and any agricultural accessory buildings supporting the agricultural use shall, where feasible, be located on other than prime soils and shall incorporate mitigation measures necessary to reduce negative impacts on adjacent agricultural uses.

b.

Supplemental non-agricultural uses.

(1)

Supplemental non-agricultural uses defined: Uses allowed by Coastal Table "O" in the Agriculture category that are not directly related to the principal agricultural use on the site. (Example: where crop production or grazing are the principal agricultural use of a parcel, petroleum extraction, mining or rural sports and group facilities may be allowed as supplemental non-agricultural uses consistent with this section.)

(2)

Priority supplemental non-agricultural uses. When continued agricultural use is not feasible without some supplemental use, priority shall be given to commercial recreation and low intensity visitor-serving uses allowed by Coastal Table "O", Part I of the Land Use Element.

(3)

Permit requirement: Minor use permit approval, unless Development Plan approval is otherwise required by another provision of this title or planning area standard of the Land Use Element.

(4)

Required findings: Supplemental non-agricultural uses may be established only if the following findings are made by the applicable approval body:

(i)

For prime soils, it has been demonstrated that no alternative project site exists except on prime soils; and

(ii)

The least amount of prime soils possible will be converted; and

(iii)

The proposed use will not conflict with surrounding agricultural lands and uses.

(5)

Application content. In addition to the information required for a land use permit application by Sections 23.02.033 et seq. of this title, the application for a supplemental non-agricultural use shall also include the following:

(i)

The site layout plan shall identify all portions of the site that are undevelopable, that are not suitable for agriculture, or that are intended to be used for agricultural purposes.

(ii)

Documentation which demonstrates that revenues to affected local governments as a result of the project will equal the public costs of providing and/or maintaining roads, water, sewer, fire and police protection to serve the project.

(iii)

Documentation which demonstrates that the proposed project is designed and sited to protect habitat values and to be compatible with the rural character of the surrounding area.

(iv)

Proposed provisions for public coastal access consistent with Local Coastal Plan policies for lateral and vertical access in agricultural areas, if the site is located between the first public road and the ocean.

(6)

Site design and development standards. A land use permit for a supplemental non-agricultural use shall not be approved unless the proposed project will satisfy all the following requirements:

(i)

Project location. The project shall be designed so that no development occurs on prime agricultural soils, except where it is demonstrated that all agriculturally unsuitable land on the site has been developed or cannot be used because of terrain constraints.

(ii)

Limitation on project area. The total area of the site allocated for supplemental non-agricultural uses shall not exceed two percent of the gross site area.

(iii)

Priority for agricultural use. The primary use of the site shall be the continuing, renewed or expanded production of food and fiber. The proposed supplemental use shall support, not interfere with, and be economically necessary to the primary use of the site as a productive agricultural unit.

(iv)

Prevention of land use conflicts. The proposed use shall be designed to provide buffer areas between onand off-site agricultural and non-agricultural uses to minimize land use conflicts.

(v)

On-site water resources. Adequate water resources shall be available to the site, to maintain habitat values and serve both the proposed development and existing and proposed agricultural operations.

(vi)

Urban services prohibited. No extension of urban sewer and water services shall be permitted to support on-site agricultural operations or other uses, except for reclaimed wastewater that may be used for agricultural enhancement.

(vii)

Land division prohibited. The project shall not require land division.

(7)

Guarantee of continuing agricultural or open space use. As a condition of approval of a supplemental nonagricultural use, the applicant shall insure that the remainder of the parcel(s) be retained in agriculture, and if appropriate, open space use by the following methods:

(i)

Agricultural Easement. The applicant shall grant an easement to the county over all agricultural land shown on the site plan. Such easement shall remain in effect for the life of the non-agricultural use and shall limit

the use of the land covered by the easement to agriculture, non-residential use customarily accessory to agriculture, farm labor housing, and a single-family dwelling accessory to the agricultural use.

(ii)

Open space easement. The applicant shall grant an open space easement to the county over all lands shown on the site plan as land unsuitable for agriculture, not a part of the approved development or determined to be undevelopable. The open space easement shall remain in effect for the life of the nonagricultural use and shall limit the use of the land to non-structural, open space uses.

(iii)

Procedures for agricultural or open space easements. Any easement required by this section shall be reviewed as set forth in Section 23.04.420g(4) of this title.

The number of dwelling units that may be established on a site that is in conformity with Section 23.04.040 et seq. (Minimum Site Area), is based upon the land use category applied to the site by the Land Use Element. This chapter determines the maximum number of single- or multi-family units that may be allowed. (The number of caretaker and farm support units are determined instead by Sections 23.08.161 and 23.08.167, respectively.) The residential density provisions of this chapter are organized into the following sections:

23.04.084 Multi-Family Dwellings

23.04.090 Affordable Housing Bonus

In land use categories where single-family dwellings or mobilehomes are identified by the Land Use Element as "A" uses, the number of dwellings allowed on a single lot is as follows, provided that mobilehomes shall also comply with Section 23.08.163 (Individual Mobilehomes):

a.

Rural Lands: Two for each legal parcel as defined in Chapter 23.11 (Definitions - Parcel).

b.

Residential categories: One for each legal parcel as defined in Chapter 23.11 (Definitions - Parcel), except as follows:

(1)

Areas with special density standards: Where planning area standards of the Land Use Element establish density requirements, the planning area standards shall control and determine the number of allowed dwelling units.

(2)

Density bonus projects: The number of dwelling units allowed in a project that proposes affordable housing pursuant to Section 65915 of the Government Code shall be as determined by Section 23.04.090.

(3)

Residential Multi-Family category: The number of dwelling units allowed on a lot in the Residential MultiFamily category is to be as allowed in Section 23.04.084 (Multi-Family Dwellings).

(4)

Accessory Dwelling Units: A accessory dwelling may be established in addition to the unit authorized by this section, if allowed by Section 23.08.169 (Accessory Dwellings).

(5)

Detached Guesthouse/Home Office: A detached guesthouse/home office may be established accessory to the unit authorized by this section, in compliance with Section 23.08.032e (guesthouse/home office).

c.

Recreation category. The number of dwelling units allowed on a lot in the Recreation category is as follows:

(1)

Rural areas: One unit per five acres where no community water or sewer service is provided; one unit per acre where community water or community sewer is provided.

(2)

Urban or village areas: One unit per acre, except that one unit per 6,000 square feet is allowed where community sewer is provided. Community water is required for any residential development in a Recreation category within an urban or village reserve line.

Nothing in this section is to be construed as having any effect upon a land division request.

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

[Amended 2020, Ord. 3410]

The number of multiple family dwellings (as defined by the Land Use Element, Chapter 7, Part I), allowed on a single lot or adjoining lots is based upon the "intensity factor" of the site. The intensity factor will be either low, medium or high, based upon the type of street serving the site, the sewer service provided and the distance of the site from the central business district. The intensity factor determines the maximum number of units allowed, the maximum floor area for all units in the project and minimum areas for landscaping and pedestrian use. A multi-family project must satisfy the floor area and open area standards of this section, as well as all applicable requirements for parking, setbacks and height. (Multi-Family dwellings in the

Recreation Category are subject to Section 23.08.168 (Residential Uses in the Recreation Land Use Category.) In areas where the maximum number of units per acre is specified by planning area standards (Part II of the Land Use Element), the allowed intensity factor, maximum floor area and minimum open area shall correspond to the maximum units per acre as provided by subsection b. below.

a.

Determining intensity factor: The intensity factor is the lowest obtained from any of the following criteria:

Notes:

1.

Site access may be from a cross street where the site abuts a collector or arterial.

2.

Straight-line distance.

b.

Determining allowable density: The allowable density, maximum floor area and minimum open area for a multiple-family site is to be shown in the following table (all area figures are expressed as percentages of

the total usable site area). A minimum of 6,000 square feet of site area is required to establish 23.04.084 - 090 more than one dwelling unit, pursuant to Section 23.04.044e(1) (Minimum Site Area - Multi-Family Dwellings):

Notes:

1.

The gross floor area of all residential structures, including upper stories, but not garages and carports.

2.

Includes required setbacks, and all areas of the site except buildings and parking spaces.

Within the Residential Single-Family and Residential Multi-Family land use categories, an applicant may request a density bonus and other incentives in return for agreeing to construct and sell or rent affordable housing pursuant to Government Code Section 65915, as provided in this section. Such housing developments may include: vacant subdivided lots for sale; lots developed with single-family dwellings; or, where allowed, lots developed with multi-family units. However, the affordable housing units required under this section must consist of completed single-family or multi-family dwellings. Standards for maximum rents, sales prices and long-term affordability of the designated affordable housing units provided pursuant to this section are contained in Section 23.04.094 of this title. The purpose of this section is to make the provision of affordable housing more attractive to the private developer while retaining good design and neighborhood character.

a.

Permit requirement: A project proposing an affordable housing density bonus shall be subject to Development Plan approval as set forth in Section 23.02.034 (Development Plan), except that:

(1)

The purpose of the Development Plan review shall be to evaluate the entire project with respect to its compliance with the provisions of this section and Section 23.04.094, and with the findings specified by Section 23.02.034c(4).

(2)

The Development Plan approval process in this case does not include the discretion to limit or disallow the development bonus provided by this section, but does include the authority to approve or disapprove the overall project, or to approve the project subject to conditions that do not affect the development bonus.

b.

Determining base density: For purposes of determining inclusionary housing requirements and density bonuses pursuant to this Section, the concept of base density is applied. Base density is the theoretical maximum number of dwellings, or in the case of a residential land division, the theoretical maximum number of residential parcels that may be allowable on the potentially developable portion of a given site under the county code, not including any density bonuses as provided under this title or state statute. For

his Section, the concept of base density is applied. Base density is the theoretical maximum number of dwellings, or in the case of a residential land division, the theoretical maximum number of residential parcels that may be allowable on the potentially developable portion of a given site under the county code, not including any density bonuses as provided under this title or state statute. For

purposes of calculating base density, any area of land on a given site that is not potentially developable due to hazards or other environmental and resource factors (including, but not limited to, areas of sensitive habitat, steep slopes, significant public views, public accessways, or geologic instability) shall not be considered potentially developable and shall be excluded from the base density calculation (i.e., base density shall be determined based only on the potentially developable portion of a given site). Establishing the base density is necessary for purposes of determining whether a housing development is eligible for the density bonus, how many affordable dwellings must be provided in exchange for the density bonus, and the total number of dwellings that may be allowable including the density bonus. However, base density as determined under this section does not affect the provisions of the county code for review of proposed developments or land divisions which are not proposed to include the density bonus provided under this section, and such developments or land divisions may not necessarily be approved by the county at a density equal to this base density. Base density is determined as follows:

(1)

Residential Multi-Family category: The base density for the potentially developable portion of the site in the Residential Multi-Family land use category is the number of multi-family dwellings that are allowable on the site pursuant to Section 23.04.084 (Multi-Family Dwellings).

(2)

Residential Single-Family category: The base density for the potentially developable portion of the site in the Residential Single-Family land use category is equal to the total usable site area divided by the applicable minimum parcel size pursuant to subsections 23.04.028a, b and c, except that average slope for the entire site may be used for the slope test under subsection 23.04.028b instead of the average slope for each proposed parcel.

[Amended 2011, Ord.3170, Resolution 2011-23]

c.

Eligibility for bonus and allowable density including bonus: A proposed residential project must satisfy the following standards in order to qualify for a density bonus pursuant to this section:

(1)

Project size: Housing developments eligible for density bonus under this section must include five or more dwelling units, not including the bonus units. Whether a housing development includes five or more dwelling units shall be determined as provided under Subsection b of this section.

(2)

Type of eligible projects: Housing units developed for sale or rental; but not including transient housing, such as time-share and hotel/motel projects.

(3)

Eligible buyers and renters: The project shall be administered so that affordable units may be purchased or rented only by families of very low-income as defined in Section 50105 of the California Health and Safety

Code; lower-income as defined in Section 50079.5 of the California Health and Safety Code; or senior citizens as defined in Section 51.3 of the California Civil Code, if they also qualify as low or moderate income as defined in Section 50093 of the California Health and Safety Code.

(4)

Project location: The site must be within an urban or village area and in either the Residential Single-Family or Residential Multi-Family land use categories.

(5)

Amount of affordable housing: In order to be eligible for a density bonus under this section, the project must satisfy the provisions of Government Code Section 65915 by providing affordable housing pursuant to Section 23.04.094 of this title in an amount equal to or exceeding those listed below. The density bonus units are not included when computing the ten, twenty or fifty percent of the base density.

(i)

Ten percent of the base density as determined under Subsection b of this section for families of very lowincome; or

(ii)

Twenty percent of the base density as determined under Subsection b of this section for families of lowerincome; or

(iii)

Fifty percent of the base density as determined under Subsection b of this section for senior citizens of low or moderate-income.

(6)

Continued availability of affordable housing: Affordable housing units provided under this section shall be subject to the long-term housing affordability provisions described in Section 23.04.094 of this title.

(i)

The additional increase in allowable density (above 25 percent) as described in Subsection e of this section;

(ii)

A reduction in the open area required for cluster divisions under Section 23.04.036d of this title pursuant to Subsection g(8) of this section;

(iii)

Any financial assistance that the county provides directly or administers on behalf of state or federal funding programs;

(iv)

A concession or incentive described in Government Code Section 65915(h) that is suitable to the project site and the project.

(7)

Site and neighborhood characteristics: The project site and vicinity shall be determined by the Review Authority to be capable of accommodating the allowable density bonus without significant adverse effects on the environmental characteristics of the site or the character and public service facilities of the neighborhood and community.

d.

Density bonus and other incentives: The developer of a project eligible under this section shall be granted a density bonus as calculated in Subsection e of this section or other incentives of equivalent financial value based on land cost per dwelling unit as determined by the Review Authority.

e.

Determining allowable density with bonus:

(1)

Residential Single-Family land use category: The maximum allowable density is determined by multiplying the base density as determined under Subsection b of this section by a factor of 1.35 if the affordable housing units are proposed to be provided on the site proposed to receive a density bonus, or a factor of 1.30 if the affordable housing units are proposed to be provided on a site separate from that proposed to receive a density bonus. The minimum parcel size permitted under Section 23.04.028 of this title in the Residential Single-Family land use category may be decreased by the same percentage factor that is used to increase the number of housing units. However, where an applicant has requested only a 25 percent increase in density, and no other incentives or concessions will be granted by the county, the minimum parcel size permitted under Section 23.04.028 may be decreased by only 25 percent. Where a proposed project may otherwise qualify for other density bonuses in addition to the provisions of this section (e.g. through the cluster division provisions of Section 23.04.036 of this title) only one such bonus may be used.

(2)

Residential Multi-Family land use category: The maximum allowable density is determined by multiplying the base density as determined under Subsection b of this section by a factor of 1.35 if the affordable housing units are proposed to be provided on the site proposed to receive a density bonus, or a factor of 1.30 if the affordable housing units are proposed to be provided on a site separate from that proposed to receive a density bonus. The maximum floor area permitted under Section 23.04.084 of this title in the Residential Multi-Family land use category may be increased by the same percentage factor that is used to increase the number of housing units. However, where an applicant has requested only a 25 percent increase in density, and no other incentives or concessions will be granted by the county, the maximum floor area permitted under Section 23.04.084 can be increased by only 25 percent.

f.

Location and timing for provision of affordable units: Affordable housing units provided to qualify a project to receive a density bonus under this section need not be located within the same site as the bonus units, but they must be located within the same urban or village area. Also, the affordable housing units must be completed, and their final building inspection granted by the Building Official verifying completion of the structures and related improvements, before the Building Official shall grant final building inspection for the market rate units, except where the developer has posted a performance bond or entered into an alternative agreement ensuring provision of the affordable housing units, subject to approval by the Office of County Counsel and the Director of the County Department of Planning and Building.

g.

Site design standards: The following minimum site design standards apply to projects consisting of singlefamily dwellings on individual lots, receiving a density bonus under this section and located in the Residential Single-Family or Residential Multi-Family land use categories.

(1)

Lot width: The minimum lot width for each parcel shall be 35 feet measured at the front setback.

(2)

Front setback: The minimum front setback shall be 18 feet, except for cluster divisions authorized under Section 23.04.036 of this title.

(3)

Side setbacks: The minimum combined side setbacks shall be 10 feet, and structures shall be separated by at least 10 feet except for structures sharing common walls.

(4)

Rear setback: The minimum rear setback shall be 10 feet.

(5)

Off-street parking: The minimum average number of off-street parking spaces per dwelling shall be two spaces. At least one of the two spaces shall be within a garage, unless at least 50 square feet of enclosed utility storage space is provided.

(6)

Site coverage: The coverage of each residential parcel by structures shall not exceed 40 percent of the total area of the parcel, except for cluster divisions authorized under Section 23.04.036 of this title, in which case the structural coverage shall not exceed 70 percent of the total area of each parcel.

(7)

Private open area: Each residential parcel shall include within its own boundaries a minimum of 10 percent, but no less than 400 square feet, of the total area of the parcel as usable private open area. Usable private open area is defined as an area within a residential parcel enclosed by walls or fences, not encumbered by

structures, driveways, parking spaces or slopes greater than 15 percent, not less than 10 feet in width, and visible and accessible from the kitchen, dining room or living room of the dwelling.

(8)

Common open area: Common open area is not required for projects receiving a density bonus under this section, except for cluster divisions. Open area requirements of this title for cluster divisions may be reduced by up to 50% where feasible given the physical characteristics of the site.

[Amended 1992, Ord. 2579; 2004, Ord. 2995; 2006, Ord. 3109]

This section provides for the implementation of California Government Code Section 65590, which requires that housing opportunities in the Coastal Zone for persons and families of low or moderate income shall be protected, encouraged and where feasible, provided. It also recognizes that the provision of affordable housing may not be feasible in some developments.

a.

Applicability of standards: The standards of this section apply only to the following types of projects located within the Coastal Zone:

(1)

New housing projects containing 11 or more dwelling units or parcels, created by a single developer. Such projects include multi-family rental or ownership units, single-family units where 11 or more units are proposed on a single building site or within a subdivision, or a subdivision of 11 or more residential lots for sale.

(2)

Demolition or conversion of one or more single-family dwellings, multi-family dwellings, mobilehomes, mobilehome lots in a mobilehome park, hotel or motel to condominium, cooperative or similar form of ownership, where the proposed demolition or conversion involves three or more dwelling units in one structure, or 11 or more dwelling units in two or more structures if any such units were occupied by persons or families of low or moderate income (as defined by California Health and Safety Code Section 50093) in the 12 months prior to filing the land use or division application for the project, except where demolition or conversion is to provide for a "coastal dependent" or "coastal related" use as defined in Section 23.11.030 of this title and Sections 30101 and 30101.3 of the California Public Resources Code.

(3)

Demolition or conversion of one or more single-family dwellings, multi-family dwellings, mobilehomes, mobilehome lots in a mobilehome park, hotel or motel to a non-residential use which is not "coastal dependent" as defined in Section 23.11.030 of this title and Section 30101 of the California Public Resources Code.

b.

Requirements applicable to proposed demolitions or conversions:

(1)

Demolition or conversion to non-residential use: The demolition or conversion of any residential structure to a non-residential use as described in Subsection a(3) of this section shall not be authorized unless the Review Authority finds that any residential use at that site is no longer feasible, based on substantial evidence provided by the applicant. If the Review Authority makes this finding, and the proposed demolition or conversion involves three or more dwelling units in one structure or 11 or more dwelling units in two or more structures, and the proposed demolition or conversion is not to provide for a "coastal dependent" or "coastal related" use as defined in Section 23.11.030 of this title and Sections 30101 and 30101.3 of the California Public Resources Code, then affordable replacement units as defined in Section 23.04.094 of this title shall be provided at a ratio of one affordable unit for each demolished or converted unit that currently houses or has housed a family of low or moderate income within 12 months prior to filing of the request for a demolition or conversion permit.

(2)

Demolition or conversion to condominium, cooperative or similar form of ownership: Replacement units affordable to persons and families of low or moderate income as defined in Section 23.04.094 of this title shall be provided at a ratio of one affordable unit for each demolished or converted unit that currently houses or has housed a family of low or moderate income within 12 months prior to filing of the request for a demolition or conversion permit.

(3)

Continued availability of affordable housing: Affordable replacement housing units provided under Subsection b(1) or b(2) shall be subject to the long-term housing affordability provisions described in Section 23.04.094.

c.

Requirements applicable to proposed new housing projects: The following standards apply to the types of projects described in Subsection a(1) of this section:

(1)

Amount of required affordable housing: Except as provided in Subsection c(2) of this section, 15 percent of the units will be provided as affordable housing for persons and families of low or moderate income as defined in Section 23.04.094. Provision of 15 percent of the project as affordable housing shall be presumed feasible unless the Review Authority finds that the project should not be reasonably expected to provide that level of affordable housing, as provided in Subsection c(2) of this section. Projects receiving a density bonus in return for agreeing to provide affordable housing for persons or families of very lowincome or lower-income pursuant to Section 23.04.090 of this title are not required by this section to provide more affordable housing than is required to qualify for the density bonus.

(2)

Feasibility finding required for fewer affordable housing units: In order to approve a new housing project with fewer affordable housing units than otherwise provided by Subsection c(1) of this section, the Review Authority shall first find, based on substantial evidence provided by the applicant, that the level of affordable housing provided by the proposed project is all that may be feasibly accomplished in a successful manner within a reasonable period of time, taking into account the economic, environmental, social and technical factors affecting the project.

(3)

Continued availability of affordable housing: Affordable housing units provided under Subsection c(1) or c(2) shall be subject to the long-term housing affordability provisions described in Section 23.04.094.

d.

Location and timing for provision of affordable units: New or replacement affordable housing units required by this section may be placed on the same site as the other new housing units or demolished or converted units, or at some other site in the same community, provided that all other requirements of this title allow for such development. The affordable housing units must be completed, and their county construction permits finalized, before the construction permits for the market rate units shall be finalized by the county, except

where the developer has posted a performance bond or entered into an alternative agreement ensuring provision of the affordable housing units, subject to approval by the Office of County Counsel and the Director of the County Department of Planning and Building. In any case, the period of time for provision of the new or replacement housing units required by this section shall not exceed that established by Section 65590 of the California Government Code.

[Added 1992, Ord. 2579; Amended 2004, Ord. 3001; 2004, Ord. 2995; 2006, Ord. 3109]

23.04.094 - Housing Affordability Standards.

a.

Applicability: Affordable housing units provided as a result of one or more of the following County actions shall be subject to the standards of this Section:

(1)

Approval of a density bonus under Section 23.04.090 of the Coastal Zone Land Use Ordinance, Title 23 of the County Code, or

(2)

Approval of an exemption from growth management provisions under Subsection 26.01.034b of the Growth Management Ordinance, Title 26 of the County Code, or

(3)

Deferment of the public facilities fees as described in subsection 18.04.010a(1) of the Public Facilities Fees Ordinance, Title 18 of the County Code, or

(4)

Requiring provision of affordable housing under Section 23.04.092 of the Coastal Zone Land Use Ordinance, Title 23 of the County Code, or

(5)

Provision of direct financial assistance in the form of a grant (not a loan) to the development of affordable housing.

b.

Eligible Household Definitions: Households eligible to become renters or owner-occupants of affordable housing under provisions of the County Code must have incomes not exceeding one of the following income ceilings. The County will consider actual income and imputed income from assets when determining eligibility.

(1)

Extremely low-income: no more than 30 percent of median income.

(2)

Very low-income: no more than 50 percent of median income.

(3)

Lower-income: no more than 80 percent of median income.

(4)

Moderate-income: no more than of 120 percent of median income.

(5)

Workforce: no more than 160 percent of median income.

c.

Determination of initial affordable housing sales prices: The following procedure is designed to determine sales prices which will enable purchase of the affordable housing units by the eligible households without their monthly housing costs exceeding thirty or thirty-five percent of their gross incomes. The Planning and Building Department shall use this procedure to determine maximum sales prices for each proposed land use permit or land division using estimates of actual costs of financing, property taxes, homeowner association fees, and insurance and shall publish typical examples quarterly.

(1)

Determine median income. First, find the applicable median income based on the household size. This information is published in Section 6932 of Title 25 of the California Code of Regulations. Both the

household size and the size of the housing unit shall be used to determine the affordable housing sales price, as follows:

(i)

Studio: use the median income for a one-person household.

(ii)

One-bedroom unit: use the median income for a two-person household.

(iii)

Two-bedroom unit: use the median income for a three-person household.

(iv)

Three-bedroom unit: use the median income for a four-per household.

(v)

Four bedroom unit: use the median income for a five-person household.

(2)

Determine maximum housing costs. Maximum housing costs by size of housing unit and income group shall be calculated as the following percentages of the median income amounts determined in step 1 above, as follows:

a.

Extremely low-income: 30 percent of 30 percent of median household income as determined under Subsection c.1.

b.

Very low-income: 30 percent of 50 percent of median income as determined under Subsection c.1.

c.

Lower-income: 30 percent of 70 percent of median income as determined under Subsection c.1.

d.

Moderate-income: 35 percent of 110 percent of median income as determined under Subsection c.1.

e.

Workforce: 35 percent of 150 percent of median income as determined under Subsection c.1.

(3)

Estimate housing costs other than payments on mortgage loan principal and interest. The actual costs of property taxes, insurance and homeowner association dues shall be estimated by the Planning and Building Department for affordable housing units in each proposed land use or land division.

(4)

Determine amount of income available for payments of mortgage loan principal and interest. The amount of income available for payments of mortgage principal and interest shall be determined by deducting the amounts for property taxes, insurance and homeowners associations dues estimated by Subsection c.3. from the maximum housing costs determined by Subsection c.2.

(5)

Determine mortgage interest rate. The Planning and Building Department shall determine the annual percentage rate of conventional mortgage financing, amortized over thirty years, currently available in California at the time of building permit issuance.

(6)

Determine the maximum affordable sales price. The Planning and Building Department shall determine the maximum affordable sales price using the income available for payment of mortgage loan principal and interest determined by Subsection c.4., the mortgage interest rate determined by Subsection c.5., and assuming the buyer can pay a down payment of 5 percent of the sales price.

d.

Non-Sales: In cases where no sale will occur, such as when an owner-builder is involved (a landowner who wishes to construct his primary residence on his own property), the sales price that would apply pursuant to Subsection c of this section shall be used in meeting the long-term housing affordability provisions of Subsection f.

e.

Rental Units: Rent levels of the affordable units, including allowances for the costs of utilities as determined by the Housing Authority of the City of San Luis Obispo, are not to exceed the following:

(1)

Extremely low-income units: 30 percent of 30 percent of the median household income as determined under Subsection c(1).

(2)

Very low-income units: 30 percent of 50 percent of the median household income as determined under Subsection c(1).

(3)

Lower-income units: 30 percent of 60 percent of the median household income as determined under Subsection c(1).

(4)

Low or moderate-income units: 30 percent of 110 percent of the median household income as determined under Subsection c(1).

(5)

Workforce housing units: 30 percent of 150 percent of the median household income as determined under Subsection c(1) of this Section.

f.

Continued availability of affordable housing: Affordable housing units which are subject to the standards of this section shall continue to be reserved as affordable housing as follows:

(1)

For sale units: Prior to issuance of any project construction permits the property owner and the County shall enter into and record a Master Affordable Housing Agreement, prepared by County Counsel, assuring that the project will provide designated affordable housing unit(s). When a designated affordable housing unit is first sold to an eligible buyer, or when the owner-builder of a designated affordable housing unit requests final permit approval for occupancy of his residence, the buyer and county or the owner-builder and county shall enter into an Option to Purchase at Restricted Price Agreement which shall be recorded as an encumbrance on the property, and secured by a recorded deed of trust. The said Option to Purchase at Restricted Price Agreement shall supercede the Master Affordable Housing Agreement. Under the terms of the Option to Purchase at Restricted Price Agreement, the maximum resale price of the housing unit shall be limited for a period of 45 years to the same formula used to determine the initial sales price, except that current information regarding median income, mortgage financing interest rate, taxes, insurance and homeowners association dues shall be applied. Adjustments to the maximum resale price as determined by the Planning and Building Department shall be made to ensure that the resale price is not lower than the original sales price, to increase the maximum resale price by the value of structural improvements made by the owner, and to comply with requirements of State or Federal mortgage lenders as necessary. Ownership of the property may only be transferred to party that agrees to execute a new Option to Purchase at Restricted Price Agreement with a term of 45 years.

(2)

Inclusionary housing units: For any Inclusionary housing unit that is subject to Section 23.04.096 of this title and will be sold as an ownership unit, if there is a sales price difference of 10% or less between the current appraised market value of the unit and the affordable sales price established by this Section then that Inclusionary housing unit shall be reserved as affordable housing for a period of thirty (30) years in the following manner. When the Inclusionary housing unit is first sold to an eligible buyer, or when the ownerbuilder of a designated Inclusionary housing unit requests final permit approval for occupancy of his residence, the buyer and the County or the owner-builder and the County shall enter into an Option to Purchase at Restricted Price Agreement which shall be recorded as an encumbrance on the property and secured by a recorded deed of trust. The said Agreement and deed of trust shall establish the monetary difference between the initial affordable purchase price and the initial appraised market value as a loan

he buyer and the County or the owner-builder and the County shall enter into an Option to Purchase at Restricted Price Agreement which shall be recorded as an encumbrance on the property and secured by a recorded deed of trust. The said Agreement and deed of trust shall establish the monetary difference between the initial affordable purchase price and the initial appraised market value as a loan

payable to the County. Said loan shall accrue interest at a rate equal to 4.5 points added to the 11th District Cost of Funds as currently published by the Federal Home Loan Bank, amortized over 30 years. The monthly payments of principal and interest shall be waived by the County as long as the owner who was previously approved by the County as an eligible buyer or as an owner-builder continues to own and reside in the Inclusionary unit as his or her principal residence, and also continues to be a legal resident of the County of San Luis Obispo. Upon resale to a non-eligible buyer the County loan amount shall be determined by the Planning and Building Department and shall be adjusted to ensure that the resale price is not lower than the original affordable price, and to allow recovery of any downpayment and value of structural improvements.

The provisions of this section shall not impair the rights of a first mortgage lender secured by a recorded deed of trust. The purchase money lender(s) shall have a higher priority than the County's loan. The County's security shall be prioritized as a second mortgage. This first priority applies to the purchase money lender's assignee or successor in interest, to:

(i)

Foreclose on the subject property pursuant to the remedies permitted by law and written in a recorded contract or deed of trust; or

(ii)

Accept a deed of trust or assignment to the extent of the value of the unpaid first mortgage to the current market value in lieu of foreclosure in the event of default by a trustor; or

(iii)

Sell the property to any person at a price consistent with the provisions of this Section subsequent to exercising its rights under the deed of trust.

In addition, the following types of transfers shall remain subject to the requirements of the County's loan and right of first refusal: transfer by gift, devise, or inheritance to the owner's spouse; transfer to a surviving joint tenant; transfer to a spouse as part of divorce or dissolution proceedings; or acquisition in conjunction with a marriage; or transfer as a result of foreclosure.

(3)

Rental units: Prior to issuance of any project construction permits the property owner and the County shall enter into and record a Rent Limitation Agreement Agreement, prepared by County Counsel, assuring that the project will provide designated affordable housing unit(s). Rent levels shall be based on the same criteria as those used to compute the original rent ceiling in subsection e of this section for a period of at least 55 years. Such rent levels will be enforced through the Review Authority imposing applicable conditions at the time of land use permit or subdivision approval for the project. If ownership of the property is transferred during the initial 55 years period, then a new Rent Limitation Agreement shall be executed with a term of 55 years.

g.

Exceptions to initial sales price limitations and resale restrictions:The Director of the Planning and Building Department may grant an exemption to the initial sales price limitation and resale restrictions for housing units that meet all of the following criteria:

(1)

The housing units are provided in a development consisting exclusively of housing for very low income, lower income or moderate income households; and

(2)

The housing units are constructed with at least 50 percent of the work performed by volunteers and/or households purchasing the housing; and

(3)

The Director of the Planning and Building Department has determined that the home purchase financing provided will be affordable to the purchasing households for at least 30 years.

[Added 1992, Ord. 2579, Amended 2004, Ord. 2995; 2006, Ord. 3109, Amended 2011, Ord 3170]

23.04.096 - Reserved.

Editor's note— Ord. No. 3472, § I, adopted June 7, 2023, repealed § 23.04.096. Former § 23.04.096 pertained to inclusionary housing and derived from Ord 3383, adopted 2019 and Ord. 3410, adopted 2020.

23.04.097 - Affordable Housing Density Bonus and Development Standard Modifications - Requirements.

a.

Density Bonuses. The Review Authority (or the Coastal Commission on appeal) may approve a density greater than that allowed by the underlying land use and zone district designations for affordable residential projects only if: (1) the property is not designated for agriculture; (2) the property is within the Urban Services Line; (3) the project would be served by adequate public services and; (4) the project is found to be in conformity with the coastal resource protection provisions of the LCP (including but not limited to LCP policies and provisions protecting sensitive habitats, agriculture, public views, community character, public recreational access, and related coastal resources).

b.

Development Standard Modifications. The Review Authority (or the Coastal Commission on appeal) may approve modifications of development standards for residential, commercial, industrial, and other projects identified in Section 23.04.096(g)5 and 23.04.096(g)6, or those modifications of development standards allowed pursuant to the density bonus provisions of Government Code Section 65915 or Section 23.04.090 (Affordable Housing Density Bonus), only if the project is found to be in conformity with the coastal resource protection policies of the LCP (including but not limited to LCP policies and provisions protecting sensitive habitats, agriculture, public views, community character, public recreational access, and related coastal resources).

Amended 2011, Ord 3170

The following sections determine the use and minimum size of setbacks for structures. The purpose of these standards is to provide for open areas around structures where needed for: visibility, traffic safety and fire safety; access to and around buildings; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation. (See figures located in Chapter 11 - Definitions - Lot, Corner and Setback). These standards are organized as follows:

23.04.106 Use of Setbacks

23.04.108 Front Setbacks

23.04.110 Side Setbacks

23.04.112 Rear Setbacks

23.04.114 Interior Setbacks and Open Areas

23.04.116 Projections into Required Setbacks

23.04.118 Blufftop Setbacks

[Amended 1995, Ord. 2715]

23.04.104 - Exceptions to Setback Standards.

The minimum setback requirements of this chapter apply in all cases except the following, which do not include exceptions to the blufftop setbacks required by Section 23.04.118 of this title (see also Section 23.04.116 - Projections Into Required Setbacks):

a.

Fences, hedges or walls as allowed by Section 23.04.190c (Standards for fencing and screening materials).

b.

Decks, terraces, steps, earthworks and other similar landscaping or design elements placed directly on finished grade that do not exceed an average height of 30 inches above the surrounding finished grade, provided that no such wood structure shall extend closer than 36 inches to a property line, unless it complies with applicable fire resistive construction requirements of the Uniform Building Code.

c.

Areas where special setbacks have been established through adoption of building line maps (Section 23.01.022c), tentative or vesting tentative map approval, Development Plan approval for a cluster development, planning area standard, specific plan, or by Chapter 23.08 of this title for a specific use, in which cases the special setbacks apply in place of the setbacks of this chapter.

d.

Areas where an official plan line for road right-of-way has been established, in which case the front or street-side setbacks required by this title shall be measured from the plan line instead of from the property line that would otherwise be the basis for setback measurement.

[Amended 1995, Ord. 2715]

Required setback areas shall be landscaped when required by Section 23.04.180 et seq. (Landscape), and shall be unobstructed by any building or structure with a height greater than three feet, except where otherwise provided by Sections 23.04.110c, 112a, 116, 190c or 310. The use of setbacks for parking is subject to Section 23.04.163 (Location of Parking on a Site).

[Amended 1992, Ord. 2570; 1993, Ord. 2649]

All structures with a height greater than three feet shall be setback a minimum of 25 feet from the nearest point on the front property line; except where this section establishes other requirements or where otherwise provided by Section 23.04.310 (Sign Design Standards) or Section 23.04.190 (Fencing and Screening). The front setback is established parallel or concentric to the front property line. Front setback landscape and fencing standards are in Sections 23.04.180 et seq. and 23.04.190, respectively. [Amended 1992, Ord. 2570; Amended 1993, Ord. 2649]

a.

Residential uses: All residential uses except for second-story dwellings over a commercial or office use are to have a minimum front setback of 25 feet, except as follows:

(1)

Shallow lots: The front setback is to be a minimum of 20 feet for any legally-created lot with an average depth less than 90 feet.

(2)

Sloping lot adjustment: In any case where the elevation of the natural grade on a lot at a point 50 feet from the centerline of the adjacent street right-of-way is seven feet above or below the elevation of the

centerline, required parking (including a private garage) may be located, at the discretion of the applicant, as close as five feet to the street property line, pursuant to Section 23.01.044 (Adjustment), provided that portions of the dwelling other than the garage are to be established at the setback otherwise required.

(3)

Variable setback block: Where a residential block is partially developed with single-family dwellings having less than the required front setbacks, and no uniform front setback is established by a planning area standard, the front setback may be adjusted (Section 23.01.044) at the option of the applicant, as follows:

(i)

Prerequisites for adjustment: Adjustment may be granted only when 25% of the lots on the block with the same frontage are developed, and the entire block is within a single land use category.

(ii)

Allowed adjustment: The normally required minimum front setback is to be reduced to the average of the front setbacks of the existing dwellings (which include attached garages but not detached garages), to a minimum of 10 feet.

(4)

Planned development or cluster division. Where a new residential land division is proposed as a planned development, condominium or cluster division (Section 23.04.036), front setbacks may be determined through Development Plan approval, provided that in no case shall setbacks be allowed that are less than the minimum required by the Uniform Building Code.

==> picture [252 x 236] intentionally omitted <==

Parkway Setback

(5)

Where a lot is located in an area which incorporates detached sidewalks with fixed parkways between the curb and sidewalk, or meandering sidewalks which vary the separation between the curb and sidewalk, where the parkway between the curb and sidewalk is landscaped and includes one or more street tree per 50 feet of frontage and turf or low maintenance plants, front setbacks may be a minimum of 15 feet (for all portions of the residence except the garage). The garage shall have a minimum front setback of 25 feet.

b.

Commercial and office categories: No front setbacks are required within a central business district; a 10foot front setback is required in Commercial and Office categories elsewhere. Ground floor residential uses in Commercial and Office categories are subject to the setback requirements of subsection a of this section.

c.

Industrial category: A minimum 25-foot front setback is required except on interior and flag lots, where the front setback shall be the same as that required for side setbacks by Section 23.04.110d.

d.

Recreation category: A minimum 10-foot front setback is required, provided that residential uses are subject to the set-back requirements of subsection a of this section.

e.

Double frontage lots:

(1)

Selecting the setback location: Where double frontage setback locations are not specified by subdivision requirements or other applicable regulations, the applicant may, except as otherwise provided in this section, select the front setback street unless 50% of the lots on a double frontage block are developed with the same front yard orientation. In that case all remaining lots are to orient their front setbacks with the majority.

(2)

Double frontage setback requirements: A full front setback is to be provided adjacent to one frontage, and a setback of one-half the required front setback depth adjacent to the other frontage; except that where the site of a proposed multiple-residence project includes an entire block, the project shall be designed to provide required front setbacks on the two longest street frontages.

f.

Flag lots and easement access: The front setback for a lot with no street frontage other than a fee ownership access strip or an access easement extending from a public street to the buildable area of the lot is to be measured from the point where the access strip or easement meets the bulk of the lot, to establish a building line parallel to the lot line nearest to the public street.

[Amended 2004, Ord. 3001]

The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas. The minimum side setback is to be as follows, except where otherwise provided by Sections 23.07.172 and 23.07.174 for sites adjacent to streams or wetlands, or by Section 23.04.118 for sites adjacent to the coastline:

a.

General side setback requirements: These requirements apply except where otherwise provided by subsections b through f of this section. See Section 23.04.116 (Projections into Required Setbacks) for additional applicable standards. The required general side setback is measured at the front setback line as follows:

(1)

Within urban and village areas. 10 percent of the lot width, to a maximum of five feet on sites less than one acre in net area, but not less than three feet, and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 23.05.104f. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Section 23.04.025 et seq. applicable to the land use category in which the site is located, or as set by planning area standard.

(2)

Within rural areas. 10 percent of the lot width to a maximum of 25 feet, but not less than three feet, on sites of less than one acre in net area and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 23.05.104f.

b.

Corner lots: The side setback on the street side of a corner lot within urban and village areas on sites of less than one acre in net area is to be a minimum of 10 feet, except that:

(1)

In a central business district no side setback is required;

(2)

A site having a width of 50 feet or less is to be provided a minimum of a five foot setback.

(3)

A corner lot adjacent to a key lot is to be provided a side setback equal to one-half the depth of the required front setback of the key lot except that:

(i)

Where the corner lot is less than 50 feet in width, the setback is to be a minimum of 10 feet.

(ii)

Where an alley is between the corner lot and a key lot, the setback on the street side of the corner lot is to be five feet.

(4)

In rural areas and on sites one acre or larger in net area, Section 23.04.110a(2) shall apply.

c.

Accessory buildings or structures: A side yard may be used for an accessory building or structure no greater than 12 feet in height, provided that it is not used for human habitation and is either:

(1)

Located no closer than three feet to any property line; or

(2)

Established on the property line as a common wall structure pursuant to Subsection f, or as a zero lot line structure, provided that all applicable Uniform Building Code requirements are satisfied for a property line wall.

In addition, accessory buildings and structures shall satisfy all applicable provisions of Section 23.08.032 (Residential Accessory Uses).

d.

Commercial and Industrial categories: No side setback is required in the Commercial or Industrial land use categories, except:

(1)

As required for corner lots by subsection b of this section; or

(2)

Where required by the Uniform Building Code; or

(3)

Adjacent to a residential category: When the commercial or industrial site is adjacent to a Residential land use category, in which case the side setback adjacent to the Residential category is to be a minimum of 10 feet, and is to be landscaped as set forth in Sections 23.04.180 et seq. The minimum setback is to be increased one foot for each three feet of commercial or industrial building height above 12 feet.

e.

Office and Professional category: Side setbacks are to be provided as set forth in Subsection d of this section, except within a central business district no side setback is required

f.

Side setbacks for special development types:

(1)

Airspace condominiums. The side setback for a building constructed within a common-ownership parcel on a smaller individually-owned parcel or within airspace, shall be the same as required for interior setbacks by Section 23.04.114 (Interior Setbacks and Open Areas).

(2)

Common wall development: Any two dwelling units, and/or their accessory garages, may be constructed on adjoining lots without setbacks between them provided that:

(i)

The setback has been eliminated through Subdivision Map or Development Plan approval; and

(ii)

A common wall or party wall agreement, deed restriction or other enforceable restriction has been recorded; and

(iii)

The side setbacks opposite the common wall property line are not less than two times the minimum width required by this section.

(iv)

Common wall construction is in compliance with the Uniform Building Code.

(3)

Zero lot line development: A group of dwelling units on adjoining lots may be established so that all units abut one side property line, provided that:

(i)

The setback has been eliminated for an entire block through Subdivision Map or Development Plan approval; and

(ii)

The modified setback requirements for the block are recorded as part of a land division map, deed restriction, or other enforceable restriction.

(iii)

The side setback is not to be eliminated or reduced on the street side of a corner lot.

(iv)

Side setbacks opposite the zero setback property line are not less than twice the minimum required by this section.

[Amended 1993, Ord. 2649; 1995, Ord. 2715; 2004, Ord. 3001]

The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. The minimum rear setback is 10 feet on sites of less than one acre in net area and 30 feet on sites of one acre or larger in net area except as follows; and except where otherwise provided by Sections 23.07.172 and 23.07.174 for sites adjacent to streams or wetlands, or by Section 23.04.118 for sites adjacent to the coastline:

a.

Accessory buildings and structures: A rear setback in a residential category may be used for an accessory building or structure no greater than 12 feet in height, provided the accessory building is not used for human habitation or the keeping of animals, and is located no closer than three feet to a rear property line or alley. See Section 23.04.116 (Projections into Required Setbacks) and 23.08.032 (Residential Accessory Structures) for additional applicable standards.

b.

Commercial and Industrial categories: No rear setback is required in Commercial or Industrial land use categories except:

(1)

Adjacent to alley: Where the rear property line abuts an alley the rear setback is to be a minimum of five feet; except where the alley provides vehicular access to the interior of the building, 10 feet.

(2)

Adjacent to residential use: Where the rear property line abuts a residential category or use, the rear setback is to be a minimum of 15 feet, except:

(i)

Intervening alley. The rear setback shall be five feet where an alley lies between the commercial or industrial site and a residential use.

(ii)

Increased building height. The minimum setback is to be increased one foot for each three feet of commercial or industrial building height above 12 feet, with the height in this case measured along a line projected from the building face at the subject setback line.

c.

Office and Professional and Recreation categories: The rear setback is to be a minimum of 10 feet, except:

(1)

Central business district. In a central business district, no rear setback is required except as provided in subsection c(2) of this section.

(2)

Adjacent to alley. Where the rear property line abuts an alley, the rear setback is to be five feet.

(3)

Adjacent to residential use. When the rear property line of an Office and Professional or Recreation site abuts a Residential category, the rear setback is to be as specified in Subsection b(2) of this section.

d.

Adjustment. Within urban and village reserve lines, on sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 23.05.104f. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Section 23.04.025 et seq. applicable to the land use category in which the site is located, or as set by planning area standard.

[Amended 1995, Ord. 2715]

Detached buildings located on the same site are to be separated as follows:

a.

Accessory buildings: An accessory building is to be located no closer than six feet from any principal building.

b.

Residential buildings: A principal residential building (including a multi-family dwelling) is not to be located closer to another principal building than 10 feet, or one-half the height of the taller of the two buildings, when one or both are more than two stories.

c.

Non-residential buildings: Set by the Uniform Building Code.

The setback requirements of this title are modified as follows, except for sites subject to the blufftop setback requirements of Section 23.04.118, where none of the following exceptions shall be allowed:

a.

Decks: When constructed higher than 30 inches above the surrounding finish grade, a wood deck may extend into required setbacks as follows (decks less than 30 inches high are exempt from these

requirements - see Section 23.04.104):

(1)

Front setback: A deck is not to be located therein.

(2)

Side setback: As determined by Sections 1206 and 1710 of the Uniform Building Code.

(3)

Rear setback: A deck may occupy up to 30% of a required rear setback, but is to extend no closer than three feet to the rear property line.

b.

Fire escapes: A ladder or stairs designed to be used exclusively as an upper floor fire escape may project into a required setback only as provided by Sections 1206, 1710 and 3305(n) of the Uniform Building Code.

c.

Roof and wall features: Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutters, signs (where allowed), display windows, and solar collectors may project into a required setback up to one-third the width of the required setback, only as

allowed by Sections 504, 1206 and 1710 of the Uniform Building Code, provided that the bottom edge of the projection is to be located either higher than eight feet or lower than four feet above finish grade.

d.

Porches: Porches are defined as covered outdoor steps, stairs, and/or a raised platform with open sides, not exceeding 30 inches in height above grade at any point, or no higher than the ground floor of the building, located immediately adjacent to an entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior and not to be used as habitable living space. If the porch is enclosed, it will be considered habitable living space and shall not project into a required setback. Open is defined as being at least 60% open to the elements on three sides (no screening or glass).

Porches may project into required setbacks as provided by this subsection. If the platform portion of a porch is higher than 30 inches, it is considered a deck, and shall not project into a required setback.

(1)

Front porch: A front porch and/or stairs may project up to six feet into a required front setback.

(2)

Side porch: A porch and/or outside stairway may be located in a required side setback provided the porch does not extend into the side setback more than allowed by Section 1206, 1710 and 3305(n) of the Uniform Building Code.

(3)

Rear porch: A porch in the required rear setback is subject to the same limitations as a deck, pursuant to Subsection a(3) of this section.

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

New development or expansion of existing uses proposed to be located adjacent to a beach or coastal bluff shall be located in accordance with the setbacks provided by this section instead of those provided by Sections 23.04.110 or 23.04.112.

a.

Bluff retreat setback method: New development or expansion of existing uses on blufftops shall be designed and set back from the bluff edge a distance sufficient to assure stability and structural integrity and to withstand bluff erosion and wave action for a period of 75 years without construction of shoreline protection structures that would in the opinion of the Planning Director require substantial alterations to the natural landforms along bluffs and cliffs. A site stability evaluation report shall be prepared and submitted by a certified engineering geologist based upon an on-site evaluation that indicates that the bluff setback is adequate to allow for bluff erosion over the 75 year period according to County established standards. The report shall accompany the land use permit application, and shall contain the following information:

(1)

Historic, current and foreseeable cliff erosion, including investigation of recorded land surveys and tax assessment records in addition to the use of historic maps and photographs, where available, and possible changes in shore configuration and sand transport.

(2)

Cliff geometry and site topography, extending the surveying work beyond the site as needed to depict unusual geomorphic conditions that might affect the site and the proposed development.

(3)

Geologic conditions, including soil, sediment and rock types and characteristics in addition to structural features such as bedding, joints, and faults.

(4)

Evidence of past or potential landslide conditions, the implications of such conditions for the proposed development, and the potential effects of the development on landslide activity.

(5)

Wave and tidal action, including effects of marine erosion on seacliffs.

(6)

Ground and surface water conditions and variations, including hydrologic changes caused by the development (e.g., introduction of sewage effluent and irrigation water to the groundwater system; alterations in surface drainage).

(7)

Potential effects of seismic forces resulting from a maximum credible earthquake.

(8)

Effects of the proposed development including sighting and design of structures, septic system, landscaping, drainage, and grading, and impacts of construction activity on the stability of the site and adjacent area.

(9)

Potential erodibility of the site and mitigation measures proposed to minimize erosion problems during and after construction. Such measures may include but are not limited to landscaping and drainage design.

(10)

The area of demonstration of stability shall include the base, face, and top of all bluffs and cliffs. The extent of the bluff top considered should include the area between the face of the bluff and a line described on the bluff top by the inter-section of a plane inclined a 20-1/4 degree angle from the horizontal passing through the toe of the bluff or cliff, or 50 feet inland from the edge of the cliff or bluff, whichever is greater.

(11)

Any other factors that may affect slope stability.

(12)

Additional information consistent with guidelines developed by the State Department of Conservation and other relevant agencies.

c.

Exceptions to bluff setback requirements: The minimum setback requirements of this section do not apply to the following:

(1)

Wood fences or hedges three feet or less in height above natural grade, and wire fences no higher than six feet located in the Agriculture or Rural Lands categories.

(2)

Landscaping, minor earthworks, steps or similar design elements (not including decks or other solid structures) placed directly on natural grade.

(3)

Roof and wall projections including cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves and rain gutters may project into the required setback a maximum of 30 inches.

[Amended 2004, Ord. 2999]

The purpose of the following sections is to limit the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas. These standards are organized as follows:

The height of a building or structure is to be measured as the vertical distance from the highest point of the structure to the average of the highest and lowest points where the exterior walls would touch the natural grade level of the site; except that finished grade instead of natural grade shall be the basis for height measurement where:

a.

A site is graded or filled pursuant to approved subdivision improvement plans, or a grading permit that was approved to authorize:

(1)

Grading or fill to conform the elevation of the building site with that of adjoining developed sites; or

(2)

Fill to mitigate flood hazards pursuant to the provisions of Sections 23.07.060 et seq. of this title; or

(3)

Fill determined by the Environmental Coordinator and Planning Director to be necessary to mitigate the impacts of allowable development on archeological resources, which shall not exceed a depth of 24 inches unless specifically authorized by the Planning Director.

b.

The site was graded or filled pursuant to a grading permit approved before September 18, 1986.

c.

An adjustment (23.01.044) is approved by the Planning Director on the basis that the site was filled prior to 1959.

==> picture [349 x 179] intentionally omitted <==

Measurement of Height - Example 1

==> picture [348 x 180] intentionally omitted <==

Measurement of Height - Example 2

The maximum height for new structures is as follows, except where other height limitations are established by planning area standards of the Land Use Element (for allowed fence heights, see Section 23.04.190c(2):

a.

Permitted heights by land use category.

b.

Exceptions to height limitations:

(1)

Planning Commission modifications: Buildings and structures exceeding the heights permitted in subsection a. of this section may be authorized through Development Plan approval, provided the Planning Commission first finds the project will not result in substantial detrimental effects of the enjoyment and use of adjoining properties, and that the modified height will not exceed the lifesaving equipment capabilities of the fire protection agency having jurisdiction.

(2)

Residential exceptions:

(i)

Additional height: Except where building height limits are established by planning area standards of the Land Use Element, the height limitations specified by subsection a. for residential buildings may be

adjusted (Section 23.01.044) to allow additional height to a maximum of 45 feet, provided that the required side, rear and interior setbacks are to be increased one foot in width for each foot of height over 35 feet.

(ii)

Downhill lot: Where the average front-to-back slope of a lot is greater than one foot of fall in seven feet of distance (14.2% average slope) from the centerline of the street to the rear face of the proposed building, up to 5 feet may be added to the allowable height limit.

(3)

Uninhabited structures: The height limits specified in subsection a. of this section or by planning area standards of the Land Use Element do not apply to the following structures (measurement of height is from the ground, as set forth in Section 23.04.122):

(i)

Radio and television receiving antennas of the type customarily used for home radio and television receivers, as well as amateur and commercial transmitting antennas, when 50 feet or less in height.

(ii)

Skylight structures on flat roofs not exceeding 18 inches above the highest point of the roof.

(iii)

Flagpoles 50 feet or less in height.

(iv)

Barns, grain elevators, silos, water tanks, windmills, wind generators and all other similar structures not containing residential uses and located in the Agriculture, Rural Lands, Residential Rural, and Industrial land use categories.

(v)

Chimneys no more than 100 feet in height located in the Industrial category; and all other chimneys and roof vents extending no more than three feet above the height limit specified in Section 23.04.124a.

(vi)

Industrial towers, non-portable equipment and other uninhabited structures no more than 60 feet in height located in an Industrial category.

(vii)

All portable construction equipment.

(viii)

Public utility poles and structures for providing electrical and communications services.

[Amended 1995, Ord. 2715]

Parking and loading standards are intended to: Minimize street congestion and traffic hazards; provide safe and convenient access to businesses, public services, and places of public assembly; and to make the appearance of parking areas more compatible with surrounding land uses. Parking and loading standards are in the following sections:

23.04.166 Require Number of Parking Spaces

23.04.170 Off-Site Parking

23.04.172 Off-Street Loading Requirements

23.04.178 Drive-In and Drive-Through Facilities

All uses requiring a land use permit are to be provided off-street parking as set forth in Section 23.04.163 et seq., except parking lots which qualify for the following modifications:

a.

Compact car spaces: Lots with 20 more spaces may substitute compact car spaces for up to 20% of the total number of required spaces. Compact car spaces are to be a minimum of 8 by 14 feet in size.

b.

Motorcycle parking: Lots with 20 or more spaces may replace regular spaces with motorcycle spaces. One regular space may be replaced with a motorcycle space for each 20 required spaces. Motorcycle spaces are to be a minimum size of four by eight feet.

c.

Parking assessment district: Parking requirements may be waived or modified within a parking district, through planning area standards.

d.

Shared on-site parking adjustment: Where two or more nonresidential uses are on a single site, the number of parking spaces may be reduced through adjustment (Section 23.01.044) at a rate of five percent for each separate nonresidential use, up to a maximum of 20%; as long as the total of spaces is not less than required for the use requiring the largest number of spaces.

e.

Shared peak-hour parking: Where two or more uses have distinct and differing peak traffic usage periods (e.g. a theater and a bank), the required number of parking spaces may be reduced through Minor Use Permit approval, in addition to the parking reduction allowed by subsection d. above. The most remote spaces in the parking lots shall be located no more than 300 feet from the pedestrian entrance to each use that the parking spaces serve (as measured along the most direct pedestrian path). The total number of spaces required for all uses sharing the parking may be reduced to no less than the number of spaces required by Section 23.04.166 for the single use among those proposed which is required to provide the most parking.

f.

On-street parking adjustment: Where a proposed driveway from a street to a new parking area would eliminate on-street parking spaces equal to or greater than the off-street spaces required, the requirement for off-street spaces may be eliminated through adjustment (Section 23.01.044) where the access or proposed building cannot reasonably be redesigned to avoid a net loss of parking.

g.

Nonconforming parking. Where an existing development is nonconforming as to the off-street parking requirements of this chapter, a new allowable use may be established or an existing allowable use may be expanded only:

(1)

After the requirements for off-street parking have been met for the existing structure, as well as for any expansions; or

(2)

As allowed by Section 23.09.036 (Nonconforming Parking).

h.

Modification of parking standards. The parking standards of this chapter may be modified as follows:

(1)

Permit Requirements. Proposals to reduce the required number of parking spaces, or to modify any of the other parking standards of this chapter may be authorized through Minor Use Permit approval.

(2)

Criteria for approval. Proposed modifications of parking standards shall be approved only where the Director of Planning and Building first determines, based upon specific findings of fact, that:

(i)

The characteristics of a use, the site, or its immediate vicinity do not necessitate the number of parking spaces, types of design, or improvements required by this chapter; and

(ii)

Reduced parking or an alternative to the parking design standards of this chapter will be adequate to accommodate on the site all parking needs generated by the use, or that additional parking is necessary because of specific features of the use, site, or site vicinity; and

(iii)

No traffic safety problems will result from the proposed modification of parking standards.

[Amended 1995, Ord. 2715]

Required parking spaces may be located as needed on a proposed site, subject to the design and construction standards of Sections 23.04.164 and 23.04.168, and the following:

a.

Use of front setback: Required parking spaces are not to be located within the required front setback (Section 23.04.108) except in a Residential Multi-Family category qualifying for medium- or high-intensity development (Section 23.04.084).

b.

Use of side and rear setbacks: Side and rear setbacks may be used for vehicle parking except on the street side of a corner lot.

All off-street parking areas are to be designed and improved as set forth in this section.

a.

Parking space and aisle dimensions: All off-street automobile parking spaces are to be a minimum of nine by 18 feet in size, except for compact car spaces (Section 23.04.162a), handicapped spaces (Section 23.04.166b(1)) and motorcycle spaces (Section 23.04.162b). Parking lot aisles are to be of the following dimensions:

(1)

Angle parking: The aisle dimensions for angle parking are to be based upon the angle and width of the parking space, as set forth in the following chart. The use of a wider parking space enables reducing the aisle width, as shown.

==> picture [180 x 139] intentionally omitted <==

Parking Space Dimensions

Notes:

1.

Aisle widths for 45[o ] and 60[o ] spaces are one way only. Two-way aisles for diagonal spaces are to be a minimum of 24 feet wide.

2.

Tier means tow [two] rows of parking spaces plus an aisle.

3.

Compact car spaces only, see Section 23.04.162a.

(2)

Parallel parking: Space dimensions are to be nine by 22 feet. Aisle dimensions for parallel parking are to be 12 feet for one-way aisles, and 24 feet for two-way aisles.

b.

Parking lot design standards:

(1)

Controlled access required: The design of parking areas for more than two vehicles shall not require or encourage backing out into a public street, pedestrian walk or public alley (unless an alley is also used as an access aisle for angle parking across from the site). Parking lot design and improvements shall prevent vehicle entrance or exit at any point other than marked driveways.

(2)

Driveway standards: The location, width and slope of driveways providing access to a parking area from the public street or between separate parking areas on a site shall be as required by Section 23.05.104 (Site Access and Driveway Requirements).

(3)

Guest parking location: Guest parking spaces required for residential projects by Section 23.04.166c(5) are to be distributed within the project and located so as to be conveniently accessible to guests at all times.

(4)

Drop-off points required: When located outside central business districts, parking areas for the public assembly facilities listed in this section are to include a designated on-site location for dropping off passengers at an entrance to the facility in advance of parking the vehicle. Drop-off areas are to consist of vehicle turnout lanes located outside of normal travel lanes. Drop-off points are to be provided for: hotels and motels, schools with 50 or more students; churches with a capacity of 100 or more; restaurants with a capacity of 50 or more customers; public transportation terminals; places of public assembly; public buildings; and offices larger than 5,000 square feet.

(5)

Tandem parking: Each space in a parking lot, area or garage is to be individually accessible, except that automobiles may be parked in tandem in the following situations:

(i)

In a parking area serving a single family dwelling, individual mobile home or multi-family dwelling, where the tandem parking is not more than two cars in depth; provided that both spaces are for the same dwelling, and are not located in a required front setback.

(ii)

In a public garage or public parking area where all parking is performed by attendants at all times, or for public assembly facilities and temporary events where user arrivals and departures are simultaneous and parking is attendant-directed.

(iii)

For all-day employee parking lots restricted to employee use, provided that required aisle widths are maintained, and no more than 50% of the employee spaces are designed for tandem use.

All land uses requiring a permit under this Title shall be provided off-street parking spaces as follows:

a.

Use of charts: The charts in subsection c of this section determine the number of parking spaces required for each use of land, as follows:

(1)

Uses not listed: For uses not specifically listed in this subsection that do not have parking requirements set by Chapter 23.08 (Special Uses), the same parking and loading space is required as for the most similar use of equivalent intensity; except where a use not listed requires Development Plan approval, in which

case the amount of parking and loading space required is to be as determined by the Planning Commission.

(2)

Uses not specified: Where a commercial, office or industrial building is proposed for construction when the eventual occupants(s) and use(s) of the building are not yet known, the amount of parking and loading space provided shall be as set forth for the allowable use with the largest number of spaces required by subsection c of this section (provided the planning director determines that the proposed building as designed can reasonably accommodate such use), except:

(i)

Where the applicant chooses to limit the uses of the building to a specific list defined by a recorded agreement with the county in a form approved by County Counsel; or

(ii)

Where the Planning Commission specifies the uses that may be established within the building and the number of parking spaces required through Development Plan conditions of approval.

(3)

Parking and loading intensity: Parking lot and loading bay intensity describes the rate of vehicle turnover in parking and loading areas. Turnover factors are assigned to each use by the charts in Subsection c of this section. High intensity areas have rapid turnover; medium intensity areas are those where vehicles are parked from two to four hours; low intensity areas have minimum turnover and few repeat users, such as long-term and employee parking lots. Parking lot turnover is used in Section 23.04.064 (Access Location Standards) as a basis for determining site location, and in Section 23.04.168 (Parking Lot Construction Standards). Loading bay intensity is used in Section 23.04.172 (Off-Street Loading Requirements).

(4)

Mixed use sites: Where a site contains more than one principal land use (such as a shopping center), the amount of parking required is to be the total of that required for each individual use, except as otherwise provided by Section 23.04.162 (Off-Street Parking Required).

(5)

Mixed function buildings and storage areas: Where a building (or separate tenancy rental space within a building) occupied by a single use contains several functions (such as sales, office and storage areas), parking is to be as required for the principal use, for the gross floor area (total area of all internal functions), except where the parking standards in subsection c set specific requirements for functional areas within a principal use (e.g., active use area and storage area). Where subsection c does not identify specific requirements for storage areas within a principal use and the principal use contains storage areas larger than 2,000 square feet, the parking requirement is to be determined separately for those areas, as specified for warehousing in subsection c(11) of this section. (See subsection a(6) of this section for additional information on parking requirements for storage areas.)

(6)

Terms used in charts:

(i)

Active use area: All developed areas of a site and buildings except storage, parking and landscaping.

(ii)

Floor area: Means gross floor area, all areas within buildings.

(iii)

Site area: Gross site area.

(v)

Use area: All developed areas of a site and buildings, except parking and landscaping.

(7)

Number of spaces: Where Section 23.04.166c sets parking requirements based on building area (square footage), site or use of area, the number of spaces is to be set forth for each square footage increment specified or fraction thereof, except in the case of a storage area. The number of spaces required on the basis of storage area shall be for each full floor area increment specified and no additional spaces shall be required where the storage area is a fraction of the increment.

b.

Special parking space requirements: In addition to the parking spaces required by subsection c of this section, new uses within an urban or village reserve line are to also provide, when applicable, the type and number of spaces required as follows:

(1)

Handicapped parking: Non-residential parking lots with five or more spaces shall include handicapped parking as required by Title 24 of the California Administrative Code, and as set forth in this subsection. Handicapped spaces may be included as part of the total number of parking spaces required by this Title.

(i)

Number of spaces required:

(ii)

Design of spaces. Handicapped parking spaces shall be designed, located and provided with identification signing as set forth in Section 2-7102, Title 24, California Administrative Code.

(2)

Company vehicles: Commercial or industrial uses are to provide one parking space for each company vehicle which is parked on the site during normal business hours. Such space may be located within a building.

(3)

Bicycle racks: Parking lots with 20 or more spaces are to provide one bicycle rack space for each 10 parking spaces. Bicycle racks are to be designed to enable a bicycle to be locked to the rack.

c.

Parking requirements by land use:

(1)

Agricultural uses: Except for the specific uses listed in this subsection, improved off-street parking and loading spaces are not required for an agricultural use, as long as sufficient usable area is provided to meet the parking needs of all employees, visitors and loading activities entirely on the site of the use.

(2)

Communication uses: Broadcasting studios are to provide parking as required for offices (see subsection (8)). Transmission facilities are not required to have identified spaces, as long as sufficient usable area is provided to meet the parking needs of all employees entirely on the site of the use.

(3)

Cultural, educational and recreation uses:

(4)

Manufacturing and processing uses: Parking lot turnover is low; loading bay intensity is medium. Parking spaces are required as follows:

(i)

One space per 500 square feet of active use area within a building; and

(ii)

One space per 1,000 square feet of storage area within a building; and

(iii)

One space per 2,000 square feet of outdoor active use area; and

(iv)

One space per 5,000 square feet of outdoor storage area.

(5)

Residential Uses:

(6)

Resource Extraction: No improved parking is required, provided sufficient usable area is available to accommodate all employee and visitor vehicles entirely on the site.

(7)

Retail Trade Uses: Parking required for a retail use is to be a minimum of two spaces for each use or separate tenancy, except where more spaces are required as follows:

(8)

Service Uses: Parking required for a service use is to be a minimum of two spaces for each use or separate tenancy, except where more spaces are required as follows:

(9)

Transient Lodgings:

(10)

Transportation Uses:

Marine Terminals

(11)

Wholesale Trade:

[Amended 1995, Ord. 2715; 2004, Ord. 3001; 2010, Ord. 3200]

All parking areas that require three or more off-street parking spaces are to be improved as follows:

a.

Surfacing: All parking areas (including on-site driveways) shall be surfaced with a minimum of asphalt, concrete, chip seal, or crushed rock surface, as specified in the following chart. Where concrete or asphalt are required, brick or other masonry paving units may be substituted, including vertically oriented concrete block with the block cells planted with grass.

Outside Urban or Village Reserve Asphalt or Concrete Line

Chip Seal

Crushed Rock

Notes:

1.

As provided by the San Luis Obispo County Standard Specifications and Improvement Drawings.

b.

Lining and marking: Parking spaces in paved parking areas are to be marked with paint striping, a minimum of two inches in width. Parking spaces in other types of lots may be identified by wheel stop barriers.

c.

Wheel stops: Wheel stops or continuous concrete or asphalt curbing are required in all parking lots to define the perimeter of the parking area and to protect landscaping from vehicle encroachment. In addition, wheel stops can be used in each parking space. Wheel stops are to be constructed as follows:

(1)

Materials and installation: Wheel stops are to be constructed of concrete, continuous concrete curbing, asphalt, timber, or other durable material not less than six inches in height. Wheel stops are to be securely installed and maintained as a safeguard against damage to adjoining vehicles, machinery or abutting property.

(2)

Setback: Wheel stops or other vehicle barriers less than two feet in height are to be located no closer than three feet to any property line.

d.

Vertical clearance: Covered parking spaces are to have a vertical clearance of at least seven feet six inches (7'-6") above the parking lot surface for all uses except residential.

e.

Slope: The finished grade of a parking lot is not to exceed five percent slope.

f.

Parking lot landscape: All parking lots of three or more spaces are to provide sufficient trees so that within 10 years, 60 percent of surface area of the lot is shaded by deciduous or evergreen trees in addition to any perimeter landscape required by subsection g (Screening); provided that this requirement does not apply to parking lots that are underground or within buildings. Evidence of compliance with this subsection shall be

provided through the review and approval of a landscape plan pursuant to Sections 23.04.180 et seq. (Landscape, Screening and Fencing).

==> picture [360 x 207] intentionally omitted <==

Parking Lot Landscaping - Example

g.

Screening:

(1)

From residential areas: Parking lots that abut a residential use or residential category shall be separated from the property line by a landscaping strip. The landscaping strip shall have a minimum width of five feet. A six-foot high solid fence or wall shall be installed on the residential side of the landscaping strip, except that the fence shall be three feet high where located adjacent to a required front setback on an adjoining lot.

(2)

From streets: Parking lots abutting a public street are to be separated from the street right-of-way by: A landscaping strip with a minimum width of four feet; and where parking spaces are arranged to head toward the street, by a three foot high solid fence located on the parking lot side of the landscaping strip, or by a landscaped berm, three feet high.

[Amended 1993, Ord. 2649; 1995, Ord. 2715]

Where it is not feasible to provide sufficient on-site parking, an adjustment (Section 23.01.044) may be granted to allow the required parking to be located off-site provided that:

a.

The most distant parking space is not more than 400 feet from the use; and

b.

The parking lot site is in the same ownership as the principal use, or is under a recorded lease with the use in a form approved by County Counsel. In the event that off-site parking is leased, the approved use is to be terminated within 60 days of termination of the lease providing parking, unless the parking is replaced with other spaces that satisfy the requirements of this Title; and

c.

The parking lot site is not located in a Residential land use category unless the principal use requiring the parking is allowable in a residential land use category. Where any such principal use is subject to Development Plan approval, the off-site parking shall also be subject to Development Plan approval.

Off-street loading bays are required as provided by this section, based upon the loading bay intensity determined by Section 23.04.166c (Parking Spaces Required).

a.

Number of bays required:

b.

Adjustment to number of bays: The number of loading bays required may be adjusted (Section 23.01.044) to 50% of the required number when such bays are designed to serve two or more uses jointly, provided that each use has access to the loading zone without crossing public streets, alleys or sidewalks.

c.

Use of loading bays: Loading bays are not to be used for repair work, vehicle storage, or to satisfy space requirements for off-street parking.

d.

Loading bay design standards:

(1)

Access: Each loading bay is to be accessible from a street or alley, or from an on-site aisle or drive connecting with a street or alley. Such access may be combined with access to a parking lot if located so loading activities will not obstruct normal on-site parking and traffic flow. Loading bays are to be designed to preclude the necessity for maneuvering on a street or sidewalk.

(2)

Setbacks: Loading bays are to be set back a minimum of 25 feet from any residential use or category.

This section establishes supplementary standards for retail trade or service uses which conduct business while customers remain in their vehicles. Such uses may include drive-through facilities that are accessory to a principal building where business is conducted indoors, or that conduct all business by means of drive-through facilities. Such uses may include but are not limited to drive-in restaurants, fast food establishments with drive-through take-out windows, photofinishing services, and bank services, where allowed by the Land Use Element. These standards are not applicable to drive-in theaters (Section 23.08.068) or service stations (Section 23.08.202).

a.

Site location criteria: A site that contains drive-in or drive-through facilities is to be located on a collector or arterial, provided that access to drive-through facilities may be to a local street when properties across the local street from the exit driveway are not in a residential category.

b.

On-site traffic control: Sites with drive-through facilities are to be provided internal circulation and traffic control devices as follows:

(1)

Lane separation: An on-site circulation pattern is to be provided for drive-through traffic that separates such traffic from that of stopover customers. Separation may be by paint-striped lanes from the point of site access to the stacking area described in subsection d(2) following. Such lanes are to be a minimum width of 10 feet.

(2)

Stacking area: An area is to be provided for cars waiting for drive-through service that is physically separated from other traffic circulation on the site. That stacking area is to accommodate a minimum of four cars per drive-through window in addition to the car(s) receiving service. Separation of the stacking area from other traffic is to be by concrete or asphalt curbing on at least one side of the lane.

(3)

Directional signing: Signs are to be provided that indicate the entrance, exit and one-way path of drivethrough lanes.

The purpose of landscape, screening and fencing standards are to: provide areas which can absorb rainfall to assist in reducing storm water runoff; control erosion; preserve natural resources; promote, preserve and enhance native plant species; reduce glare and noise; enhance the appearance of structures and property; and to provide visual privacy, while recognizing the need to use water resources as efficiently as possible.

In addition, the goals of the standards of these sections are to:

1.

Establish a procedure for designing, installing and maintaining water efficient landscapes; and

2.

Establish provisions for water management practices and limit the waste of water; and

3.

Educate and provide guidelines to property owners in choosing planting materials, efficient irrigation systems, soil management and appropriate maintenance to create landscapes that are both attractive and water conserving.

Landscape, screening and fencing standards are organized in the following sections:

23.04.182 Applicability of landscape standards

23.04.184 Water efficient landscape - methods

23.04.186 Landscape Plans

23.04.190 Fencing and Screening

[Amended 1993, Ord. 2649]

23.04.182 - Applicability of Landscape Standards.

The sites of all projects requiring land use permit approval

a.

Where required: Except as provided in Section 23.04.182b, the landscape standards of Sections 23.04.180 et seq. shall apply to:

(1)

Public projects that require a land use permit.

(2)

Development projects in the Recreation, Office and Professional, Commercial Retail, Commercial Service, Industrial and Public Facilities land use categories.

(3)

Developer-installed landscape. For the purposes of this section, developer-installed landscape shall be defined as the landscape installed (including any common area) prior to the initial sale of the residence or landscape installed as a condition of approval of a land use permit.

(i)

Within the urban and village areas, all developer-installed landscape in residential land use categories.

(ii)

Outside of urban and village areas, all developer-installed landscape on parcels of 2.0 acres or less in any land use category.

b.

Exceptions

(1)

Homeowner provided landscape: Landscape in accordance with Section 23.04.180 et seq. is not required for any homeowner provided landscape in the residential land use categories except where required for a special use by Chapter 23.08 (Special Uses), or by Development Plan or Minor Use Permit conditions of approval. For the purposes of this section, homeowner provided landscape is defined as the landscape installed by the individual homeowner after the initial sale of the residence or after compliance with the conditions of approval of a land use permit has been achieved.

(2)

Agriculture and Rural Lands categories: Except where required for a special use by Chapter 23.08 (Special Uses), setbacks and areas not proposed for development are not required to meet the standards of Section 23.04.180 et seq. when such areas are cultivated or maintained in native vegetation, provided that any applicable requirements of Section 23.05.080 et seq. (Fire Safety) are satisfied.

(3)

Large rural parcels: When located outside of an urban or village area, any parcel larger than 2 acres in size is not required to be landscaped. Landscape may be required by Chapter 23.08 (Special Uses), or by Development Plan or Minor Use Permit conditions of approval. In any case, all areas not proposed for development shall be cultivated or maintained in native vegetation, and any applicable requirements of Section 23.05.082 (Fire Safety Plan) shall be satisfied.

(4)

Cemeteries. Existing or proposed cemeteries are not subject to the landscape standards of Section 23.04.180 et seq.

(5)

Small areas of landscape. Landscaping meeting the water efficient provisions of Sections 23.04.180 et seq. is not required for any project with a potential total irrigated landscape area of less than 2,500 square feet in size with a proposed turf area of less than 20 percent of the irrigated landscape area. Landscaping located in the areas specified in Section 23.04.186b is required and landscape plans meeting Section 23.04.186d(1), (3) and (4) shall be submitted for review and approval. Landscaping shall be installed or bonded for prior to occupancy.

(6)

Edible plants. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included in the determination of landscape area.

(7)

Effect on existing uses. The provisions of Sections 23.04.180 et seq. are not retroactive in their effect on landscape lawfully established as of the date of adoption of amendments to these sections.

c.

Modification: Where Development Plan or Minor Use Permit approval is required, the Review Authority may waive, modify or increase the landscape standards of Sections 23.04.180 et seq.

[Amended 1993, Ord. 2649; 2004, Ord. 3001]

When landscape is required to be provided pursuant to Section 23.04.182, the applicant shall choose one of the following methods to determine and guarantee that the proposed planting will be water efficient.

Notes:

1.

All plant materials shall be from the lists maintained by the Department of Planning and Building for the area of the county where the planting is proposed. The applicant shall provide, with the application submittal, a landscape plan that meets the requirements of Section 23.04.186 showing that all the proposed plant materials have been selected from the appropriate plant list(s). The landscape plan may be prepared by the applicant or a landscape professional as defined in Note 4 below. Addition of a specific plant to the plant list(s) may be approved by the Director of Planning and Building upon written request by the applicant.

2.

In any case where 80% of the landscape area (as defined in Chapter 23.11 - landscape area) uses plant materials from the plant list, and the remaining 20% of the landscape area shall not include additional turf, an adjustment to the plant list may be granted pursuant to Section 23.01.044 (Adjustment).

3.

If the applicant does not choose to use the plant list method or does not qualify for an adjustment as described in Note 2 above, a request for modification of the standard may be granted through Minor Use Permit approval. The applicant shall provide justification for the request through calculations from a landscape professional (see note 4) showing that water conservation techniques will create a water efficient landscape.

4.

Licensed landscape architect, licensed architect, licensed landscape contractor, certified nurseryman practicing in San Luis Obispo County, or other qualified individual acceptable to the Director of Planning and Building.

[Amended 1993, Ord. 2649]

The purpose of a landscape plan is to delineate the outdoor space including site development, earthworks, drainage, planting, irrigation and site details. By detailing the proposed plantings and method of irrigation, a landscape plan provides an effective means for evaluating whether chosen plant materials will: survive in the climate and soils of a given site; satisfy the functional objectives of landscape (such as erosion control, screening and shade) within a reasonable time; and whether a proposed irrigation system will adequately support plantings while conserving water.

a.

Where required: Landscape plans are required to accompany all applications for land use permit approval where required by Section 23.04.182. Preliminary landscape plans may be submitted at the time of land use permit submittal. Final landscape plans meeting the standards of Sections 23.04.180 et seq. will be required prior to issuance of a grading or building permit or establishment of a use not involving construction.

REQUIRED LANDSCAPE PLAN CONTENT[1] (Section 23.04.186d)

Notes:

1.

Specific requirements of the landscape plan may be waived by the Planning Director where determined to be unnecessary.

b.

Location of landscape: Landscape is to be provided in the following locations:

(1)

Setbacks: All setback areas required by Section 23.04.100 (Setbacks) or Chapter 23.08 (Special Uses), except where enclosed and screened from the view of the public streets and adjoining properties by solid fencing in accordance with Section 23.04.190 (Fencing and Screening), and except where a required setback is traversed by a driveway or sidewalk.

(2)

Unused areas: All areas of a building site not identified in a Plot Plan, Site Plan Minor Use Permit or Development Plan application as intended for a specific use or purpose, except where enclosed and blocked from the view of public streets by solid fencing and/or buildings.

(3)

Parking areas: As required by Sections 23.04.168f and g (Parking Lot Construction Standards).

(4)

Special use sites: As required by Chapter 23.08 (Special Uses) for specific land uses, for the purposes of screening, buffering or general landscaping.

(5)

Where required by conditions of approval: As set forth in conditions of approval adopted pursuant to Section 23.02.034c(2) (Additional Conditions).

c.

Standards for landscape: Proposed landscape should relate to the architectural design elements of the structures on the site and should be compatible with the character of adjacent landscape, provided the adjacent landscape meets the standards of this ordinance. The following standards shall be incorporated into the design of the proposed landscape and shall be shown on any required landscape plan:

(1)

Allowable materials (permeable): Landscape areas are to include some combination of the following materials where appropriate to achieve the intended or required purpose of the landscape (e.g., screening, etc.):

(i)

Trees, shrubs, groundcover, vines, flowers or lawns;

(ii)

Bark, timber, decorative rock, boulders, gravel, decomposed granite or other decorative materials, provided that such materials allow for the percolation of water through to the ground;

(2)

Allowable materials (impervious): Landscape areas built for various outdoor activities are to be constructed of materials appropriate to achieve the intended or required purpose of the landscape. These areas are to include some combination of the following materials:

(i)

Landscape construction materials including concrete, tile, brick, asphalt, and pavers.

(ii)

Structural features including fountains, pools, artwork, walls and fences.

(3)

Excluded materials: Landscape is not to include any plant materials which:

(i)

Will have diminished potential for survival because of proposed locations or grouping that do not satisfy the needs of the plant material necessary for healthy growth.

(ii)

Because of proposed location and type, will create a potential hazard of brush or forest fire.

(iii)

Will obstruct the vision of vehicle operators or pedestrians at points of intersection between pedestrian and vehicular traffic.

Plant materials that have root structures that in their mature state will damage or interfere with the normal use of existing public or private underground electrical lines, cables, or conduits, pipes or other underground structures; or public or private sidewalks, curbs, gutters or paved parking and turnaround areas, drainage improvements, or adjacent structures, foundations, or landscape materials should be planted away from or use methods that will protect the above-referenced improvements from damage.

(4)

Plant selection and grouping. Plants shall be selected appropriately based upon their adaptability to the climatic, geologic and topographic conditions of the site and the following factors shall be considered:

(i)

Protection and preservation of native species and natural features and areas is encouraged.

(ii)

The planting of native species and drought tolerant species is encouraged.

(iii)

The planting of trees is encouraged.

(iv)

Plants having similar water use shall be grouped together in distinct hydrozones. Hydrozones as used in this ordinance means a portion of the planted area having plants with similar water needs that are served with the same irrigation schedule.

(v)

Fire prevention needs shall be addressed in high and very high fire hazard areas.

(vi)

The maximum amount of turf (lawn) area shall not exceed twenty percent of the total site area for parcels less than one acre. Parcels of one acre or greater shall not have a turf (lawn) area larger than twenty percent of the site's total landscape area.

(vii)

Portions of landscape areas in public and private projects such as parks, playgrounds, sports fields, golf courses, or school yards where turf provides a playing surface or serves other recreational purposes are considered recreational areas and are not subject to the turf limitations of subsection (vi) above. These areas may require additional water. A statement shall be included with the landscape plan designating recreational areas to be used for such purposes and specifying any needed amount of additional water to support those areas.

==> picture [480 x 324] intentionally omitted <==

Example of Hydrozones

(5)

Timing of installation: All required elements of the landscape plan shall be in place before establishment of a use or issuance of a Certificate of Occupancy or final building inspection has been granted by the Building Official, except as provided by Section 23.02.048 (Occupancy with Incomplete Site Improvements).

(6)

Maintenance. All required plantings shall be maintained in good growing condition, and in any case where a required planting has not survived, shall be replaced with new plant materials that conform to any approved landscape plan. Repair of irrigation equipment shall be done with the originally specified materials or their equivalents.

d.

Landscape plan content: Landscape plans are to be neatly and accurately drawn, at an appropriate scale that will enable ready identification and recognition of information submitted. Where a project covers only a portion of a site, the landscape plan need show only the areas where existing soil contours and vegetation will be disturbed by construction or use, or other areas where landscape is required. Landscape plans are to contain the following information except that specific requirements may be waived by the Planning Director where determined to be unnecessary:

(1)

Landscape site plan. A landscape site plan shall be submitted as part of the landscape plan and shall contain the following information:

(i)

Existing and proposed buildings and structures including architectural elevations.

(ii)

Details and location of proposed pools, ponds, water features, fencing, retaining walls, entries, trash collection areas and free-standing signs.

(iii)

Details and location of proposed walkways, plazas and sitting areas, play areas, including related street furniture and permanent outdoor equipment.

(iv)

Details and location of proposed outdoor light fixtures, including their location, height and wattage.

(2)

Landscape grading and drainage plan. A landscape grading and drainage plan shall be submitted as part of the landscape plan. The proposed grades shall provide for appropriate slopes for the activities indicated on the landscape site plan; result in suitable environments for successful plant growth while providing for water conservation; provide for site drainage that allows maximum percolation in the soil without creating undesirable ponding and not impacting downstream drainage courses or structures; and preserve and enhance areas where existing plants are to remain. Where another section of this title requires the preparation of a grading and drainage plan, those plans shall be considered as meeting the requirements of this subsection. The landscape grading and drainage plan shall contain the following information:

(i)

Existing contour lines of the property at two foot intervals for the areas proposed for landscape.

(ii)

Proposed contour lines at two foot intervals for the areas proposed for landscape.

(iii)

Average slope in percentage for paved areas including driveways, walkways, and ramps.

(iv)

Average slope in percentage for areas proposed for planting.

(v)

Proposed subsurface drainage improvements including inlet structures, piping and outlet structures and details for construction of those elements.

(vii)

Calculations for any proposed cut and fill.

(3)

Planting plan. A planting plan shall be submitted as part of the landscape plan and shall contain the following information:

(i)

The location of all trees existing in or within 50 feet of areas proposed for grading or other construction, that are eight inches or larger in diameter at four feet above natural grade. Trees proposed to be removed are to be identified. (See Section 23.05.060 for tree removal standards).

(ii)

Any shrubs or plants identified by the standards of a Sensitive Resource Area combining designation (Part II of the Land Use Element) as endangered or to otherwise be protected (Part II of the Land Use Element).

(iii)

Natural features including but not limited to rock outcroppings, ponds, and existing vegetation that will be retained.

(iv)

Designation of specific hydrozones.

(v)

The location and proposed area of turf in compliance with the limitations of Section 23.04.186c(4)(vi).

(vi)

Proposed plant materials including the location, species (plants shall be labeled using both the botanical and common name), container size, spacing and number of trees, shrubs and groundcover, and a calculation of the total area proposed for planting.

(vii)

Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details. A mulch of at least three inches shall be applied to all planting areas except areas in turf or groundcover.

(viii)

Designation of the area to be used for recreational purposes as defined in Section 23.04.184c(4)(vii).

(ix)

A note that fertilizers and nutrients are to be applied at rates that establish and maintain vegetation without causing nutrient runoff to surface waters.

[Amended 2004, Ord. 3048]

(4)

Irrigation plan. An irrigation plan, meeting the following standards and containing the following information, shall be submitted as part of the landscape plan.

(i)

Irrigation standards:

(1)

Methods of irrigation. All irrigation shall be drip, trickle, low flow sprinkler heads or any other recognized method of low volume, high efficiency irrigation.

(2)

Runoff and overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigation areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Runoff shall be avoided on slopes and in median strips, and from overspray in planting areas with a width less than ten feet.

(3)

Irrigation timetable. The scheduling of irrigation shall occur between 3 a.m. and two hours after sunrise. Large landscape areas, such as golf courses or play fields, shall schedule irrigation to occur between one hour before sunset and two hours after sunrise. These timetables are established to avoid irrigating during times of high temperature or wind.

(ii)

Irrigation plan details:

(1)

Equipment. A plan and schedule of equipment including gate valves, backflow preventers, control valves, piping, sprinkler heads, water meter size and location. Rain sensing override devices shall be required on all irrigation systems.

(2)

Controllers. Automatic control systems shall be required for all irrigations systems and must be able to accommodate all aspects of the design.

(3)

Valves. Plants which require different amounts of water should be irrigated by separate control valves. If one valve is used for a given area, only plants with similar water use should be used in that area. Alternative methods that meet the intent of this standard may be considered for use.

Anti-drain (check) valves shall be installed in strategic points or heads that have built-in check valves shall be used to minimize or prevent low-head drainage.

(4)

Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, and adjustment capability.

(5)

Water source. Specify the type, size of service connection, flow in gallons per minute (GPM), static water pressure in pounds per square inch (psi), and maximum pressure in psi required to operate the irrigation circuit with the greatest pressure loss in the system. Also specify the flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station.

(iii)

Irrigation program. An annual irrigation program with monthly irrigation schedules for the plant establishment period, for the established landscape and for any temporarily irrigated areas shall be provided for all projects meeting the applicability standards of Section 23.04.182 within the Commercial Retail, Commercial Service, Office and Professional, Industrial, and Residential Multi-Family land use categories. The irrigation schedule shall:

(1)

Include run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station; and

(2)

Provide the amount of applied water (in hundred cubic feet, gallons, or whatever billing units the local water supplier uses) recommended on a month and annual basis.

(3)

Indicate if any additional water is needed for recreation areas as defined by Section 23.04.184c(4)(vii).

(4)

Incorporate, wherever possible, the use of evapotranspiration data such as those from the California Irrigation Management System (CIMIS) weather stations to apply the appropriate levels of water for different climates.

(iv)

Recycled water irrigation systems: In the event standards for the installation of greywater systems are adopted through state law, local ordinance or local guidelines approved by the Board of Supervisors, the installation of recycled water irrigation systems (dual distribution/greywater systems) shall be required to allow for the use of recycled water. Where physical constraints or functional difficulties would make the strict application of this section impractical, a written adjustment can be granted pursuant to the following subsection. The recycled water irrigation systems shall be designed and operated in accordance with all local and state codes.

(1)

Exemption. A modification to this standard may be granted by the Director of Planning and Building where physical constraints or functional difficulties would make the use of recycled water irrigation systems impractical.

e.

Landscape plan review and approval:

(1)

Timing of review: Landscape plans are to be reviewed at the same time as the land use permit application which they accompany.

(2)

Criteria for approval: Landscape plans shall be approved when the department finds that:

(i)

The proposed plant materials will survive in the climate and soils of the site; and

(ii)

The proposed plant materials and their planned locations will satisfy the landscape standards of Sections 23.04.180 et seq. (e.g. screening, shade, maintenance of permeable soil, water efficiency).

(iii)

The proposed means of irrigation will adequately support the plant materials proposed and will be well designed and maintained in order to achieve the greatest irrigation efficiency.

[Amended 1993, Ord. 2649]

23.04.190 - Fencing and Screening.

Standards for fencing and screening are established by this section to protect certain uses from intrusion, to protect the public from uses that may be hazardous, and to increase compatibility between different land uses by visual screening. Fencing is the enclosure of an area by the materials identified in subsection c. of this section. Screening is the enclosure of an area by a visual barrier, which may include solid fencing, or other materials as specified in subsection e. of this section.

a.

Fencing and screening - where required: Within urban and village reserve lines (except in Agriculture categories), and Commercial Retail and Recreation land use categories in rural areas, fencing and/or screening is to be provided as required by this section. Unless otherwise specified, fencing and screening is to be a minimum height of six feet.

(1)

Mechanical equipment: When located outside of a building, support equipment including air conditioning and heating devices, water and gas meters, but not including plumbing or exhaust vents, or chimneys, are to be screened to the height of the particular piece of equipment, as follows:

(i)

Roof-mounted equipment: To be screened by architectural features from the view of abutting streets.

(ii)

Equipment at grade: When located on the ground adjacent to a building, mechanical equipment is to be screened by landscaping, a solid wall or fencing from the view of the street or surrounding properties.

(2)

Multiple-family projects: Multi-family residential projects are to be screened on all interior property lines.

(3)

Outdoor storage: To be screened on all sides by a solid wall or fencing.

(4)

Public utility substations:

(i)

Commercial Service and Public Facilities categories: To be screened on all sides by a solid wall or fencing, and landscaping, subject to the necessary safety clearances required by order of the California Public Utilities Commission.

(ii)

Other land use categories: To be screened on all sides in a manner that will provide an effective visual barrier as well as the necessary safety clearances required by order of the California Public Utilities

Commission. The adequacy of screening will be determined through Development Plan approval.

(5)

Side and rear lot lines: The side and rear property lines of all non-residential uses are to be screened as follows:

(i)

Adjacent to a residential use or category: A solid wall or fencing is to be located on side and rear property lines of any non-residential or non-agricultural use abutting a residential use or land use category, except for parks, golf course greens and fairways.

(ii)

Industrial and Commercial Service categories: A solid wall or fencing is to be located on the side and rear property lines of any site within an Industrial or Commercial Service category that abuts another land use category.

(6)

Swimming pools: Yard areas with private swimming pools shall provide fencing as set forth in the Uniform Building Code.

b.

Exceptions to fencing and screening requirements:

(1)

Buildings abutting property lines: Required screening or fencing may be omitted along any lot line where a building wall exists immediately abutting the lot line.

(2)

Location adjustment: Where property line fencing or screening is required, the location may be adjusted (see Section 23.01.044) so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state.

(3)

Conditions of approval. Where a greater height is required by any other provision of this Title or by a condition of approval, the requirements of this section shall not apply.

(4)

Modification of Fencing and Screening Requirements. Any of the requirements of this section may be waived or modified through Minor Use Permit approval, provided the Planning Director first finds that

specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective.

c.

Standards for fencing and screening: All fencing and screening are subject to the following material and height limitations based on the location of the fence:

Notes:

1.

Solid wood or masonry materials, or plant materials that meet Section 23.04.190e(1), or other solid materials approved by the Department of Planning and Building.

2.

Open wire or chain link or other materials approved by the Department of Planning and Building that permit the passage of a minimum of 90% of light.

3.

Must be authorized by a building permit and constructed consistent with the requirements of the Uniform Building Code.

4.

To approve a Minor Use Permit, the Review Authority must first find that the proposed fencing or screening:

a.

Is necessary to enclose private open space for a dwelling because alternative areas such as rear or side yards do not exist or are unsuitable for such use; and

b.

Will not block visibility of the front entrance to the dwelling from the street; and

c.

Will not impair safe sight distances for vehicle traffic; and

d.

Will not exceed 6' - 6" in height.

5.

The 6 foot 6 inch height limitation does not apply to vegetation growing on an interior side or rear property line or within an interior side or rear setback.

6.

Fences up to 12 feet in height may only be constructed on a property line where a building may be constructed on a property line.

==> picture [348 x 226] intentionally omitted <==

Fence Height - Example

d.

Gateposts. Gateposts and other superstructures over site entrances and exits may be up to 14 feet 6 inches in height as measured from the surface of the ground to the bottom of the structure, but in no case shall the top of the structure be more than 2 feet above that height; provided that any such gateposts or superstructures above 6 feet 6 inches in height shall not block visibility of the front entrance to the dwelling from the street or adjacent properties and will not impair safe sight distances for vehicle traffic and are authorized by a building permit and constructed consistent with the requirements of the Uniform Building Code.

e.

Screening materials substitution. Where screening is required by this Title to be a solid fence or wall, the following materials may be substituted through adjustment (Section 23.01.044), except a solid fence or wall must be used where screening is required adjacent to a residential use or category.

(1)

Landscape screen. Screening plant materials may be substituted for a wall or fence, where:

(i)

Proposed plant materials are certified in writing by a registered landscape architect, certified nurseryman or licensed landscape contractor as having the capability of achieving 60% of total view blockage within 18 months of installation, and 100% of total view blockage within 36 months of installation; and

(ii)

The applicant agrees in writing to install solid fencing after the expiration of 36 months, and posts a performance bond or other appropriate security approved by the county for one hundred percent of the estimated cost to install solid fencing, in the event that the planting has not totally blocked the view of areas required to be screened.

(2)

Berms. A landscaped berm may be substituted for a wall or fence provided that the combination of berm and landscaping is not less than the required height of the fence or wall, and that the berm is constructed with a maximum slope of 3:1, with side slopes designed and planted to prevent erosion, and with a rounded surface a minimum of two feet in width at the highest point of the berm, extending the length of the berm.

(3)

Slatted chain-link fencing. Chain-link fencing with slats and landscaping may be substituted for a solid wall or fence in an Industrial category, except where screening or fencing is required adjacent to another land use category.

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

23.04.200 - Protection of Archaeological Resources Not Within the Archaeologically Sensitive Areas Combining Designation.

All development applications that propose development that is not located within the Archaeologically Sensitive Areas combining designation and that meets the following location criteria shall be subject to the standards for the Archaeologically Sensitive Areas Combining Designation in Chapter 23.07: development that is either within 100 feet of the bank of a coastal stream (as defined in the Coastal Zone Land Use Ordinance), or development that is within 300 feet of such stream where the slope of the site is less than 10 percent.

[Amended 2004, Ord. 3048]

The following standards apply within Critical Viewsheds, Scenic Corridors and Sensitive Resource Area (SRA) Combining Designations that are intended to protect visual resources, as identified in this title, the Official Maps, Part III of the Land Use Element, or the area plans of the Local Coastal Plan.

a.

Applicability of standards. The following standards apply to new development required by the Coastal Zone Land Use Ordinance to have a land use permit, except that the following are exempt from some or all of the standards (a)-(d):

(1)

Agricultural accessory structures that are 600 square feet or less in area, or other minor agriculturallyrelated development (e.g., fencing, wells).

(2)

Project not visible. An exemption from the standards in the following subsections c(1), (2), (4), and (5) may be granted if documentation is provided demonstrating that the development will not be visible from the shoreline, public beaches, the Morro Bay estuary, any of the roads specified in the applicable area plan planning area standards for Critical Viewsheds, Scenic Corridors or SRA's that are intended to protect visual resources. Such documentation shall be prepared by a qualified professional acceptable to the Planning Director and at a minimum shall provide scaled topographic and building elevations with preliminary grading, drainage, and building plans. An exemption from the standard in subsection c(6) may be granted if the preceding documentation is provided, and if it is determined by the Planning Director that open space preservation within the Critical Viewshed or SRA is not otherwise needed to protect the scenic and visual resource, sensitive habitat or watershed, as identified in the area plans.

b.

Permit requirement. Minor Use Permit approval, unless Development Plan approval is otherwise required by this title or planning area standards of the area plans. The land use permit or land division application shall include the following:

(1)

A landscaping plan, grading and drainage plan, lighting plan fencing plan, and visual analysis, including the use of story-poles as required, that is prepared by a licensed architect, a licensed landscape architect or other qualified professional acceptable to the Director of Planning and Building. The plans and visual analysis shall be used to determine compliance with the following standards.

c.

Standards for Critical Viewsheds and SRAs for protection of visual resources. The following standards apply within areas identified as Critical Viewsheds or SRAs in the area plans for protection of visual resources.

(1)

Location of development. Locate development, including, but not limited to primary and secondary structures, accessory structures, fences, utilities, water tanks, and access roads, in the least visible portion of the site, consistent with protection of other resources. Emphasis shall be given to locations not visible from major public view corridors. Visible or partially visible development locations shall only be considered if no feasible non-visible development locations are identified, or if such locations would be more environmentally damaging. New development shall be designed (e.g., height, bulk, style, materials, color) to

be subordinate to, and blend with, the character of the area. Use naturally occurring topographic features and slope-created "pockets" first and native vegetation and berming second, to screen development from public view and minimize visual intrusion.

(2)

Structure visibility. Minimize structural height and mass by using low-profile design where feasible, including sinking structures below grade. Minimize the visibility of structures by using design techniques to harmonize with the surrounding environment.

(3)

Ridgetop development. Locate structures so that they are not silhouetted against the skyline or ridgeline as viewed from the shoreline, public beaches, the Morro Bay estuary, and applicable roads or highways described in the applicable planning area standards in the area plans, unless compliance with this standard is infeasible or results in more environmental damage than an alternative.

(4)

Landscaping for hillside and ridgetop development. Provide screening of development at plant maturity using native vegetation of local stock, non-invasive, or drought-tolerant vegetation without obstructing major public views (e.g., screening should occur at the building site rather than along a public road). The use of vegetation appropriate to the site shall be similar to existing native vegetation. Alternatives to such screening may be approved if visual impacts are avoided through use of natural topographic features and the design of structures. Provisions shall be made to maintain visual screening for the life of the development.

(5)

Land divisions and lot-line adjustments - cluster requirement. New land divisions and lot-line adjustments where the only building site would be on a highly visible slope or ridgetop shall be prohibited. Land divisions and their building sites that are found consistent with this provision shall be clustered in accordance with Chapter 23.04 or otherwise concentrated in order to protect the visual resources.

(6)

Open space preservation. Pursuant to the purpose of the Critical Viewshed or SRA to protect significant visual resources, sensitive habitat or watershed, open space preservation is a compatible measure. Approval of an application for new development in these scenic coastal areas is contingent upon the applicant executing an agreement with the county to maintain in open space use appropriate portions of the site within the Critical Viewshed or SRA (for visual protection). Guarantee of open space preservation may be in the form of public purchase, agreements, easement controls or other appropriate instrument approved by the Planning Director, provided that such guarantee agreements are not to provide for public access unless acceptable to the property owner or unless required to provide public access in accordance with the LCP..

d.

Standards for scenic corridors. The following standards apply within areas identified as Scenic Corridors in the area plans for protection of visual resources.

(1)

Setback. Where possible, new development shall be set back a minimum of 100 feet from the edge of the right-of-way of the road along which the Scenic Corridor is established in the area plans, or a distance as otherwise specified in the area plan planning area standards. If there is no feasible development area outside of this setback, the project shall be located on the rear half of the property as long as the location is not more environmentally damaging. New development allowed in visible areas shall provide a landscaping screen consistent with the requirements of c(4) above. A landscaping plan in accordance with these requirements and the requirements of Chapter 23.04 shall be provided at the time of building permit application submittal.

(2)

Signs. Signs that are required to have a land use permit, especially freestanding signs, shall be located so as to not interfere with unique and attractive features of the landscape, including but not limited to unusual landforms, sensitive habitats, and scenic vistas from the road along which the Scenic Corridor is established.

[Amended 2004, Ord. 3048]

e.

General Visual Standards for Coastal Development. Notwithstanding subsections (a)-(d) above, all development requiring a coastal development permit must be consistent with the requirements of Coastal Plan Visual and Scenic Resource Policies 1-11 as applicable.

[Amended 2004, Ord. 3048]

New development shall consider compact community design and incorporation of energy efficiency measures.

[Amended 2004, Ord. 3048]

• 23.04.280 - Solid Waste Collection and Disposal.

This section determines when new land uses must include provision of identified trash collection, pickup and recycling areas, and sets design standards for such areas.

a.

Where required. The following uses (except individual single-family dwellings, temporary uses, agricultural uses, and other uses that do not create a need for solid waste pickup and disposal) are to provide an enclosed area for the temporary collection of solid waste and recyclable materials before disposal truck pickup:

(1)

Within urban or village reserve lines. All uses.

(2)

In rural areas. Any commercial, industrial and public facility uses included in the cultural, education and recreation, manufacturing and processing, retail trade, services, transient lodgings, transportation, and wholesale trade use groups in Table O, Part I of the Land Use Element.

b.

Application content. All land use permit applications shall include the location of solid waste collection areas, collection containers, recycling area and maneuvering areas for disposal and recycling trucks, including access driveways.

c.

Collection area and recycling area standards.

(1)

Location of collection facilities. The solid waste collection area and recycling area are to be located within 100 feet of the dwellings or buildings serviced, but are not to be located in a front setback (Section 23.04.108 - Front Setbacks), or within 10 feet of a front property line in a central business district.

(2)

Enclosure required. Solid waste collection areas and recycling areas that use dumpsters or other containers with a total capacity greater than two 33-gallon containers shall be screened from the view of public streets

and adjoining properties on three sides by a solid fence or wall as high as the collection container, but not less than three feet nor more than six feet in height, and on the fourth side by a solid gate.

(3)

Enclosure construction standards: Enclosures shall meet the construction requirements as set forth in Chapter 8.12 of the County Code in addition to the following standards.

(i)

The floor or bottom surface of a solid waste collection area is to be of concrete or other impervious material.

(ii)

The collection area is to have unobstructed vertical clearance for a minimum height of 25 feet.

(iii)

A covered storage area at least 3 feet by 6-1/2 feet in size or as otherwise adequate to accommodate containers consistent with current methods of collection in the area where the project is located, accessible for truck loading, shall be incorporated into each solid waste collection area for the accumulation of recyclable materials. This storage area shall not be used for the collection of recyclable materials until such time as a recycling program exists for the area where the project is located.

(iv)

The recycling area shall be large enough to accommodate an adequate number of bins to allow for the collection of recyclable materials generated by the development.

(v)

A sign(s) clearly identifying the recycling areas, instructions, and a list of materials accepted shall be posted at all points of access to the recycling area.

[Amended 1995, Ord. 2715]

The standards of Section 23.04.300 through 23.04.314 are to be known and may be cited as the "Sign Ordinance of the County of San Luis Obispo." The sign regulations of this chapter. These requirements apply to all signs constructed or altered after the effective date of this title, except as otherwise provided by Section 23.04.306. These requirements apply to proposed signs in addition to all applicable provisions of the California Outdoor Advertising Act (Business and Professions Code Sections 5200 et seq.; and California Administrative Code Title 4, Sections 2240 et seq.). The sign regulations of this chapter are organized into the following sections:

23.04.310 Signs Allowed - Type and Area

23.04.312 Sign Construction Standards

23.04.314 Sign Maintenance Required

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

The purpose of these sections is to establish sign regulations that are intended to:

a.

Support the use of signs to aid orientation, identify businesses and activities, express local history and character, or serve other information purposes; and

b.

Protect the ability of the public to identify uses and premises without confusion by encouraging signs to be designed with a scale, graphic character and type of lighting compatible with the appearance of the buildings or uses identified by signs, as well as other buildings and uses in the vicinity; and

c.

Support the use of signs that are maintained in a safe and attractive condition that do not:

(1)

Create distractions that may jeopardize pedestrian or vehicular traffic safety; or

(2)

Produce glare that adversely affects residential uses.

d.

Allow adequate avenues for both commercial and non-commercial messages, and protect the constitutionally guaranteed right of free speech; and

e.

Protect the character of the various communities within the County and safeguard the public health and safety.

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

a.

Applicability.

(1)

Applicable codes. In addition to complying with the provisions of this Chapter, all signs must be constructed in accordance with the Uniform Building Code, the Uniform Sign Code, the Electrical Code, the California Manual on Uniform Traffic Control Devices, and all other applicable laws, rules, regulations, and policies.

(2)

Applicable County regulations. In addition to complying with the provisions of this Chapter, all signs must comply with the other regulations of this Title, including Planning Area Standards (Part II of the Land Use Element).

b.

Regulatory interpretations. The County shall apply this Chapter in a content-neutral manner. This Chapter shall be interpreted in a manner consistent with the free speech protections guaranteed by the First Amendment to the United States Constitution and Article 1, Section 2 of the California Constitution. The noncommunication aspects of all signs shall comply with the regulations and standards set forth in this Title. "Noncommunicative aspects" includes regulations that do not relate to the content of the sign, including the time, place, manner, location, size, height, illumination, spacing, and orientation of signs.

c.

Message substitution. A non-commercial message of any type may be substituted, in whole or in part, for any duly permitted commercial message; and any non-commercial message may be substituted for any non-commercial message.

(1)

No additional approval required. Such substitution of message may be made without any additional approval, permitting, registration, or notice to the County. This provision prevents any inadvertent favoring of commercial speech over non-commercial speech or favoring any non-commercial message over any other non-commercial message.

(2)

Limitations. This provision does not allow the following:

(i)

Create the right to increase the total amount of signage for a parcel, lot, or land use;

(ii)

Affect the requirement that a sign structure or mounting device be properly permitted; or

(iii)

Allow a change in the physical structure of a sign or its mounting device.

d.

Nothing in this Section shall be construed to prohibit a person from holding a sign while picketing or protesting on public property that has been determined to be a traditional or designated public forum, so long as the person holding the sign does not block ingress and egress from buildings, create a safety hazard by impeding travel, or violate any other reasonable time, place, and manner restrictions adopted by the County.

e.

Severability. If any section, sentence, clause, phrase, word, portion, or provision of this Chapter is held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this Title which can be given effect without the invalid portion. In adopting this Title, the Board of Supervisors affirmatively declares that it would have approved and adopted the Title even without any portion which may be held invalid, unconstitutional, or unenforceable.

[2020, Ord. 3421]

Editor's note— Ord. No. 3421, § 1, adopted August 18, 2020, repealed § 23.04.304 and enacted a new § 23.04.304 as set out herein. Former § 23.04.304 pertained to adoption of the sign code and derived from Ord. 2570, adopted 1992.

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

No sign shall be constructed, displayed or altered without first obtaining a sign permit as required by this section, except where a sign is exempted from permit requirements by subsection b of this section.

a.

Permit procedures:

(1)

Plot Plan. The application, processing, review and approval of a land use permit for a sign is to be as set forth in Section 23.02.030 (Plot Plan), except where otherwise provided by Section 23.04.310 (Sign Area Standards), for signs of specific size or height or where signs are approved as part of an overall development project land use permit.

(2)

Minor Use Permit. Greater numbers of signs or areas of signing larger than the allowances permitted by Section 23.04.310 (Sign Area Standards), including modifications to an existing sign, require a Minor Use Permit as set forth in Section 23.02.033 (Minor Use Permit).

(3)

Concurrent Review. Where signs are proposed for a project subject to land use permit approval, a separate sign permit is not required. The land use permit application shall include complete information about the type, area, location and number of signs proposed, or such information is provided for Planning Department review for conformity with the regulations of this Title before installation.

(4)

Construction Permit. If required by the Uniform Sign Code, a construction permit shall also be obtained pursuant to Title 19 of this code before the installation of any sign.

b.

Authorized signs: The following signs are allowed without a land use permit, and are not to be included in determinations on the allowable number, type or area of signs pursuant to Section 23.04.310 (Sign Area Standards) except that a coastal development permit is required for, at a minimum, any sign that could impact public coastal access, including signs altering public parking timing or availability or potentially restricting the use of existing lateral and/or vertical accessways, or any sign that could detract from public views of scenic viewsheds or views from scenic roads and corridors. Nothing in this subsection shall exempt a sign from the necessity of construction permit approval if an electrical or building permit is required by the Building and Construction Ordinance or Uniform Sign Code. This subsection supersedes Section 303 of the Uniform Sign Code.

(1)

Temporary signs: Temporary signs are allowed on a property for a total of 120 calendar days per year. Each sign is allowed for up to 60 consecutive days, and shall be removed within 14 days after the conclusion of the purpose served by the sign. The height of any temporary sign shall not exceed 10 feet. Temporary signs shall adhere to the setback standards of the land use category of the property they are located in. The maximum aggregate sign area for temporary signage is as follows.

(i)

Agriculture and Rural Lands Land Use Categories: In the Agriculture and Rural Lands Land Use Categories, temporary signage is allowed up to a maximum aggregate sign area of 32 square feet.

(ii)

Residential Land Use Categories: In the Residential Rural, Residential Suburban, Residential Single-Family, and Residential Multi-Family Land Use Categories, temporary signage is allowed up to a maximum aggregate sign area of four square feet.

(iii)

Commercial and Industrial Land Use Categories: In the Office and Professional, Commercial Retail, Commercial Service, and Industrial Land Use Categories, temporary signage is allowed up to a maximum aggregate sign area of 24 square feet.

(iv)

Special Purpose Land Use Categories: In the Open Space, Recreation, and Public Facilities Land Use Categories, temporary signage is allowed up to a maximum aggregate sign area of 16 square feet.

(2)

Directory signs: Wall-mounted building directory signs located at or within the entrance of a building that rents or leases space to tenants, provided that such directories do not exceed 20 square feet on any single building wall, nor a height of eight feet.

(3)

Hazard signs: Signs warning of construction, excavation, or similar hazards so long as the hazard exists.

(4)

Historical markers: Signs including historical plaques, memorial signs or tablets, or commemorative signs not exceeding four square feet in area, located on historical sites, buildings or areas, placed by a historical society, chamber of commerce or public agency.

(5)

Information kiosks: Free-standing structures, located outdoors and adjacent to a building open to the public, or in a space open to the public, on which pamphlets, leaflets, and guides may be affixed to a bulletin-board type surface. The total area of kiosk display surfaces shall not exceed 40 square feet or a height of eight feet. Kiosks are to be separated from adjacent structures by a minimum of six feet.

(6)

Internal signs: Signs located in interior areas of a building or site, and intended to be not visible or legible from public streets or adjacent properties.

(7)

Miscellaneous information signs: Miscellaneous permanent information signs in non-residential categories, with an aggregate area not to exceed four square feet at each public entrance nor 12 square feet total, indicating address, hours and days of operation, whether a business is open or closed, credit card information and emergency address and telephone numbers.

(8)

Official flags: Official federal, state or local government flags, emblems and historical markers.

(9)

Official signs/government signs: Official federal, state or local government traffic, directional guide and other informational signs and notices issued by any court, person or officer in performance of a public duty; notices posted by a utility or other quasi-public agency; or other signs required or authorized by law.

(10)

Prohibition signs: "No Trespassing," "No Parking," and similar warning signs.

(11)

Residential identification signs:

(i)

Signs located on individual residences and home occupations, limited to a total aggregate area of two square feet.

(ii)

One sign with a maximum area of 20 square feet for each lot or parcel containing multi-family dwellings or subdivisions, provided such signing is approved as part of a subdivision map or land use permit for the project.

(12)

Safety and directional signing: Parking lot and other private traffic directional signs, including handicapped access and parking signs, each not exceeding five square feet in area. Such signs are to be limited to guidance of pedestrian or vehicular traffic within the premises on which they are located, and are not to display any logo or name of a product, establishment, service, or any other advertising.

(13)

Vehicle signs: Displays on vehicles and public transit/public carrier graphics on properly licensed buses, taxicabs, and similar vehicles for hire that legally pass through the County.

(14)

Window signs: Temporary window signs constructed of paper, cloth or similar expendable material, provided the total area of such signs is not to exceed 25% of the window area.

(15)

Exterior wall murals: A hand-painted work of visual art that is either affixed to or painted directly on the exterior wall of a structure with the permission of the property owner. An original art display does not include: mechanically produced or computer generated prints or images, including, but not limited to, digitally printed vinyl; electrical or mechanical components; or changing image art display.

c.

Prohibited signs and sign materials: In addition to any sign or sign materials not specifically in accordance with the provisions of this Title, the following are prohibited:

(1)

Signs creating traffic or pedestrian safety hazards. Signs placed, located, or displayed in such a manner as to constitute a traffic or pedestrian safety hazard shall be prohibited, including:

(i)

Any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or makes use of words, symbols or characters so as to interfere with, mislead or confuse pedestrian or vehicular traffic.

(ii)

Signs attached or placed adjacent to any utility pole, parking meter, traffic sign post, traffic signal or any other official traffic control device, as prohibited by Section 21464 of the California Vehicle Code.

(iii)

Signs that obstruct use of any door, window, or fire escape.

(iv)

Signs that impede normal pedestrian use of public sidewalks.

(v)

Signs that constitute a traffic hazard or obstruct the view of traffic, any authorized traffic sign, or signal device.

(2)

Animated or moving signs. Signs consisting of any moving, rotating, flashing, or otherwise animated light or component.

(3)

Signs for discontinued uses. Any sign or sign structure identifying a use or activity that has not occupied the site for a period greater than six months.

(4)

Freestanding signs other than monument signs.

(5)

Signs located in the public right-of-way or on public property. Other than official government signs or hazard or prohibition signs required by law, no sign can be placed in or project into the public right-of-way

or on public property unless authorized by a County encroachment permit and/or agreement with a public agency such as the California Department of Transportation.

(6)

Signs affixed to trees or terrain. Signs cut, burned, marked, or displayed in any manner on a tree, sidewalk, cliff, hillside, or other terrain feature shall be prohibited.

(7)

Billboards. Any permanent sign structure that is located adjacent to an Interstate or State highway, typically constructed of steel, concrete or wood that is freestanding or attached to the side of another structure that contains an advertising space that is leased, rented, or donated to advertisers other than the operator of the billboard, shall be prohibited.

[Amended 1995, Ord. 2715; 1995, Ord. 2740]

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

For the purpose of evaluating whether a sign is in conformity with the provisions of this title, the area of a sign is to be measured as the number of square feet of the smallest rectangle within which a single sign face can be enclosed, as follows:

a.

Sign faces counted: Where a sign has two faces containing sign copy, which are oriented back-to-back and separated by not more than 36 inches at any point, the area of the sign is to be measured using one sign face only.

b.

Wall-mounted letters: Where a sign is composed of letters individually mounted or painted on a building wall, without a border or decorative enclosure, the sign area is that of the smallest single rectangle within which all letters and words can be enclosed.

c.

Three-dimensional signs: Where a sign consists of one or more three-dimensional objects such as balls, cubes, clusters of objects or sculptural or statue-type trademarks, the sign area is to be measured as the area of the smallest rectangle within which the object(s) can be enclosed, when viewed from a point where the largest area of the object(s) can be seen.

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

The following permanent signs are allowed on a site subject to approval of a sign permit (Section 23.04.306a), in addition to any authorized signs allowed by Section 23.04.306b.

a.

Sign area limitations by land use category. The number and area of signs allowed on a site shall be as follows, based upon the land use category of the site, except where subsection c. of this section would also allow specialized signing:

(1)

Agricultural and Rural land use categories. Two signs with a total aggregate area not exceeding 32 square feet and a height not to exceed 10 feet for each lot or parcel. Each sign may not exceed 16 square feet.

(2)

Commercial Retail, Commercial Service, and Industrial land use categories: The following signs are allowed in the Commercial Retail, Commercial Service and Industrial categories, with a maximum aggregate area of 100 square feet of signing per site, or one square foot per one linear foot of the lot's largest street frontage, whichever is greater:

(i)

Wall signs for each business or tenant, with the number of such signs allowed being equivalent to the number of building faces having a public entrance to the business. The allowed area for the wall signs shall be 15% of the building face, up to a maximum of 80 square feet. Such wall signs may be located on building faces other than those with public entrances.

(ii)

One suspended sign with a maximum area of 10 square feet for each business or tenant.

(iii)

One monument sign for each 300 linear feet of site frontage or portion thereof, with a maximum area of 60 square feet each.

(iv)

One projecting sign with a maximum area of 20 square feet for each business or tenant.

(v)

Marquee signing for each business or tenant, with a maximum area of 40 square feet.

(3)

Office and Professional, Recreation, and Public Facilities land use categories: The following signs are allowed in the Office and Professional and Recreation land use categories, with a maximum aggregate area

of 100 square feet signing per site, or one square foot per one linear foot of the lot's largest street frontage, whichever is greater:

(i)

Wall signs for each business or tenant, with the number of such signs allowed being equivalent to the number of building faces having a public entrance to the business. The allowed area for the wall signs shall be 10% of the building face, up to a maximum of 50 square feet. Such wall signs may be located on building faces other than those with public entrances, provided they are designed as an integral part of the structure they identify.

(ii)

One suspended sign with a maximum area of 10 square feet for each business or tenant.

(iii)

On monument sign for each business or tenant with a maximum area of 40 square feet and a maximum height of five feet.

(4)

Commercial or public assembly uses in other land use categories: Where commercial or public assembly uses are located in the Agriculture, Rural Lands or Residential land use categories, signing is allowed as set forth in subsection a(2) of this section for the Office and Professional, Recreation, and Public Facilities land use category.

b.

Location of monument signs. Monument signs may be located within the setback areas required by Sections 23.04.100 et seq., provided such signs do not exceed three feet in height.

c.

Specialized sign requirements:

(1)

Shopping, business or industrial center signing: When approved as part of the Development Plan, a shopping, business or industrial center with five or more separate uses or tenancies on a single site sharing common driveways and parking areas, is allowed one common identification sign with a maximum area of 60 square feet, in addition to the total sign area allowed by subsection a of this section. Where visible from a public street, signing on shopping center sites is to be of a uniform design throughout the center as to the size, finished framing materials and location on buildings of such signs.

(2)

Community identification signs: One community identification sign is allowed at or within an urban or village reserve line on each arterial street entering a community, with a maximum area of 100 square feet and a maximum height of 12 feet.

(3)

Freeway identification signs: In addition to signs allowed by subsection a of this section, sites located in Office and Professional, Commercial Retail, and Commercial Service land use categories adjacent to State Highway 101 or a Highway 101 Frontage Road may be authorized through Development Plan approval to use an on-site freeway identification sign with a maximum area not to exceed 125 square feet. The maximum height for freeway identification signs is to be 50 feet above grade, provided that the Planning Commission may require a reduced height where deemed appropriate.

(4)

Viticultural area signing. Each area of San Luis Obispo County recognized as an American Viticultural Area by the U.S. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms (BATF), may be identified by roadside signs:

(i)

Required sign location: On private property along a state highway, at or within the boundary of the viticultural area as determined by BATF.

(ii)

Maximum area and height: A maximum area of 80 square feet and a maximum height of 12 feet.

(5)

Off-premise signs. In addition to any signs allowed by Subsection A, any existing use in the Agriculture and Rural Lands Land Use Category may also establish a maximum of two off-premise signs on private property. Each sign shall not exceed a maximum area of 32 square feet and a maximum height of 10 feet. No more than one off-premise sign shall be established per site.

[Amended 1995, Ord. 2715]

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

The design and construction of signs is to be in accordance with Sections 401 through 1402 of the Uniform Sign Code, and the following:

==> picture [480 x 323] intentionally omitted <==

Signs - Example

a.

Height: The height of any sign or sign support structure is to be a maximum of 24 feet, or no higher than the building, whichever is less, except where otherwise provided by Section 23.04.310 (Signs Allowed - Type and Area).

b.

Lighting and Illumination: Signs are to be indirectly lighted by continuous, stationary, shielded light sources, directed solely at the sign, or internal to it.

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

All signs shall be properly maintained in a safe and legible condition at all times. Whenever any sign, by virtue of its physical nature and condition, poses an immediate and serious threat to the public safety, the sign may be removed by County personnel, or repaired to the satisfaction of the County. Signing which is not in conformity with the provisions of this chapter is subject to Section 23.09.032 (Nonconforming Signs).

[2020, Ord. 3421]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3421 on July 8, 2021]

The standards of this section are applicable to all outdoor night-lighting sources installed after the effective date of this Title, except for street lights located within public rights-of-way and all uses established in the Agriculture land use category. No land use permit is required for lighting facilities, though an electrical permit may be required by Title 19 of this code.

a.

Illumination only: Outdoor lighting is to be used for the purpose of illumination only, and is not to be designed for or used as an advertising display, except as provided by Sections 23.04.300 et seq. (Signing).

b.

Light directed onto lot: Light sources are to be designed and adjusted to direct light away from any road or street, and away from any dwelling outside the ownership of the applicant.

c.

Minimization of light intensity: No light or glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons, or to interfere with the use of surrounding properties or streets.

d.

Light sources to be shielded:

(1)

Ground illuminating lights: Any light source used for ground area illumination except incandescent lamps of 150 watts or less and light produced directly by the combustion of natural gas or other fuels, shall be shielded from above in such a manner that the edge of the shield is level with or below the lowest edge of the light source. Where any light source intended for ground illumination is located at a height greater than eight feet, the required shielding is to extend below the lowest edge of the light source a distance sufficient to block the light source from the view of any residential use within 1,000 feet of the light fixture.

(2)

Elevated feature illumination: Where lights are used for the purpose of illuminating or accenting building walls, signs, flags, architectural features, or landscaping, the light source is to be shielded so as not to be directly visible from off-site.

e.

Height of light fixtures: Free-standing outdoor lighting fixtures are not to exceed the height of the tallest building on the site.

f.

Street Lighting: Street lighting shall be designed to minimize light pollution by preventing the light from going beyond the horizontal plane at which the fixture is directed.

[Amended 2004, Ord. 3001]

The following standards apply to any retail trade use (see Table O, Part I of the Land Use Element).

a.

Limits on non-taxable sales.

(1)

For retail trade uses of 90,000 to 139,999 square feet of floor area (for a single use), no more than three percent of the floor area may be devoted to non-taxable merchandise.

(2)

For retail trade uses of 140,000 to 250,000 square feet of floor area (for a single use), no more than two percent of the floor area may be devoted to non-taxable merchandise.

(3)

For retail trade uses exceeding 250,000 square feet of floor area (for a single use), no more than one percent of the floor area may be devoted to non-taxable merchandise.

b.

Reporting. The owner of a retail trade use exceeding 90,000 square feet of floor area shall annually provide a report to the Department of Planning and Building specifying the square footage of the retail store and the percentage of the floor area the square footage represents that was devoted to the sale of non-taxable merchandise during the previous year. This report shall be filed no later than February 28 of the year following the reporting year.

c.

Aggregate use. In applying this section, floor areas of adjacent retail uses shall be aggregated when those uses share checkstands, management, a controlling ownership interest, a warehouse or a distribution facility.

[Added 2000, Ord. 2913]

The purpose of this section is to establish a comprehensive set of regulations applicable to and regulating the location of adult businesses and similar and related uses in the unincorporated area of the County of San Luis Obispo. These regulations are in addition to all other provisions of this Title and apply to those land uses listed in Table O, Part I of the Land Use Element (e.g., bookstores, motion picture theaters, etc.)

which, because of the emphasis or primary orientation of their stock-in-trade or services offered, constitute adult businesses as defined in this section. In the event that any of the provisions of this section conflict with other applicable provisions of this Title, the provisions of this section shall prevail.

a.

Regulated uses. In the development and adoption of this section, the Board of Supervisors find that adult businesses, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these businesses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of these regulations is to prevent the concentration or clustering of these businesses in any one area.

b.

Definitions. In addition to the definitions contained in Chapter 23.11 of this Title, the following words and phrases shall, for the purposes of this section, be defined as follows, unless it is clearly apparent from the context that another meaning is intended:

(1)

"Adult bookstore" shall mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), or an establishment with a segment or section thereof devoted to the sale or display of such material.

(2)

"Adult business" shall mean any adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, and model studio, but not including those uses or activities, the regulation of which is preempted by State law.

(3)

"Adult hotel or motel" shall mean a hotel, motel or other overnight establishment, which provides, through closed circuit television, or other media, material which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(4)

"Adult motion picture arcade" shall mean an establishment to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "special sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(5)

"Adult motion picture theater" shall mean an establishment in an enclosed building used for presenting material in the form of motion picture film, video tape, slides or other similar means, which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(6)

"Cabaret" shall mean a bar, nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas," (as defined below), for observation by patrons therein.

(7)

"Material" relative to adult businesses, shall mean and include, but not be limited to, accessories, books, magazines, pamphlets, photographs, prints, drawings, paintings, motion pictures, and video tapes, or any combination thereof.

(8)

"Model studio" shall mean an establishment where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" (as defined below) are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by patrons paying such consideration or gratuity.

(9)

"Specified anatomical areas" shall mean:

(i)

Less than completely and opaquely covered:

(a)

human genitals, pubic region, and

(b)

buttock, and

(c)

female breast below a point immediately above the top of the areola; in combination with

(ii)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(10)

"Specified sexual activities" shall mean:

(i)

Human genitals in a state of sexual stimulation or arousal; or

(ii)

Acts of human masturbation, sexual intercourse, or sodomy; or

(iii)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

c.

Specific regulations. In those land use categories where adult businesses regulated by this section would otherwise be an allowed ("A") use, principal permitted ("PP") use or a special ("S") use under Coastal Table O, Part I of the Land Use Element, it shall be unlawful to cause or permit the establishment of any such adult business if the adult business is to be located:

(1)

Within five hundred (500) feet of any land located within any Residential category or residential zone district; or

(2)

Within one thousand (1000) feet of any other adult business; or

(3)

Within one thousand (1000) feet of any parcel on which there is located any public library or any public, private, or parochial school or preschool; or

(4)

Within one thousand (1000) feet of any parcel on which there is located a church or any noncommercial establishment operated by a bona fide religious organization; or

(5)

Within one thousand (1000) feet of any parcel or which there is located a city, district, county or state owned, operated and maintained public park, public playground, public beach or other public facility.

The "establishment" of any adult business shall include the opening of such a business as a new business, the relocation of such a business, the enlargement of such a business, or the conversion of an existing business location to any adult business use.

The "enlargement" of any adult business shall include an increase in the size of the building within which the adult business is conducted by either construction or use of an adjacent building or any portion thereof

whether located on the same or an adjacent parcel of land.

d.

Measure of distance. The distance between any two adult businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any adult business and any church, school, public library, public park, public playground, public recreational facility, Residential category, or residential zone district shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult business to the closest property line of the church, school, public library, public park, public playground, public recreational facility, Residential category, or residential zone district.

e.

Waiver of locational provisions. Any property owner or authorized agent may apply to the Planning Commission for waiver of the locational provisions for adult businesses set forth in subsection c. above.

(1)

Permit requirement: Development Plan approval is required for a waiver of the locational provisions set forth in subsection c. above.

(2)

Application content: The Development Plan application is to include a description of the proposed adult business and the reasons why the applicant feels that the location of the proposed business would be consistent with the requirements and objectives of this section.

(3)

Additional notice: The public notice required for a public hearing on a Development Plan by Section 23.01.060 shall include mailed notice to all owners of property located within 1,000 feet of the exterior boundaries of the parcel on which the adult business is proposed to be located. [Amended 1992, Ord. 2584]

(4)

Additional findings required: The Planning Commission may approve or conditionally approve a Development Plan to waive any of the locational provisions of this section if, in addition to the findings of fact required to be made by Section 23.02.034e(4) of this title, it makes findings of fact:

(i)

The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this section will be observed.

(ii)

The proposed use will not enlarge or encourage the development of a "skid row" area.

(iii)

The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor with it interfere with any program of urban renewal.

f.

Severability. If any subsection, sentence, clause, phrase, or portion of this section is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of this section. The Board of Supervisors hereby declare that it would have passed this section and each subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Development within the Coastal Zone between the first public road and the tidelands shall protect and/or provide coastal access as required by this section. The intent of these standards is to assure public rights of access to the coast are protected as guaranteed by the California Constitution. Coastal access standards are also established by this section to satisfy the intent of the California Coastal Act.

a.

Access defined:

(1)

Lateral access: Provides for public access and use along the shoreline.

(2)

Vertical access: Provides access from the first public road to the shore, or perpendicular to the shore.

(3)

Pass and repass: The right of the public to move on foot along the shoreline.

b.

Protection of existing coastal access. Development shall not interfere with public rights of access to the sea where such rights were acquired through use or legislative authorization. Public access rights may include but are not limited to the use of dry sand and rocky beaches to the first line of terrestrial vegetation.

c.

When new access is required. Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where:

(1)

Access would be inconsistent with public safety, military security needs or the protection of fragile coastal resources; or

(2)

The site already satisfies the provisions of subsection d of this section; or

(3)

Agriculture would be adversely affected; or

(4)

The proposed new development is any of the following:

(i)

Replacement of any structure pursuant to the provisions of Section 30610(g) of the California Coastal Act.

(ii)

The demolition and reconstruction of a single-family residence; provided that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. As used in this subsection, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

(iii)

Improvements to any structure that do not change the intensity of its use, or increase either the floor area, height or bulk of the structure by more than 10 percent, which do not block or impede public access and do not result in additional seaward encroachment by the structure. As used in this subsection, "bulk" means total interior cubic volume as measured from the exterior surface of the structure.

(iv)

The reconstruction or repair of any seawall; provided that the reconstructed or repaired seawall is not seaward of the location of the former structure.

(v)

Any repair or maintenance activity excluded from obtaining a land use permit by this title, except where the Planning Director determines that the use or activity will have an adverse effect on lateral public access along the beach.

(vi)

Nothing in this subsection shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 4 of Article X of the California Constitution.

d.

Type of access required:

(1)

Vertical Access:

(i)

Within urban and village areas: Within an urban or village area where no dedicated or public access exists within one-quarter mile of the site, or if the site has more than one-quarter mile of coastal frontage, an accessway shall be provided for each quarter mile of frontage.

(ii)

In rural areas: In rural areas where no dedicated or public access exists within one mile, or if the site has more than one mile of coastal frontage, an accessway shall be provided for each mile of frontage.

(iii)

Prescriptive rights: An accessway shall be provided on any site where prescriptive rights of public access have been determined by a court to exist.

(iv)

Additional accessways: The applicable approval body may require accessways in addition to those required by this section where the approval body finds that a proposed development would, at the time of approval or at a future date, increase pedestrian use of any adjacent accessway beyond its capacity.

(2)

Vertical access dedication. Accessways shall be a minimum width of five feet in urban areas and 10 feet in rural areas.

(3)

Lateral access dedication: All new development shall provide a lateral access dedication of 25 feet of dry sandy beach available at all times during the year. Where topography limits the dry sandy beach to less than 25 feet, lateral access shall extend from the mean high tide to the toe of the bluff. Where the area between the mean high tide line (MHTL) and the toe of the bluff is constrained by rocky shoreline or other limitations, the County shall evaluate the safety and other constraints and whether alterative siting of accessways is appropriate. This consideration would help maximize public access consistent with the LCP and the California Coastal Act.

e.

Timing of access requirements. The type and extent of access to be dedicated, and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, shall be established at the time of land use permit approval, as provided by this section.

(1)

Dedication: Shall occur before issuance of construction permits or the start of any construction activity not requiring a permit.

(2)

Construction of improvements: Shall occur at the same time as construction of the approved development, unless another time is established through conditions of land use permit approval.

(3)

Opening access for public use. No new coastal access required by this section shall be opened or otherwise made available for public use until a public agency or private association approved by the county agrees to accept responsibility for maintenance of the accessway and any liability resulting from public use of the accessway.

(4)

Interference with public use prohibited. Following an offer to dedicate public access pursuant to subsection e(1) of this section, the property owner shall not interfere with use by the public of the areas subject to the offer before acceptance by the responsible entity.

f.

Permit requirement. Except as otherwise provided by this subsection, Minor Use Permit approval is required before issuance of any construction permit for an accessway, or the start of any access construction not requiring a permit, unless the details of the required access are approved as part of another Minor Use Permit or Development Plan for the principal use. The permit requirement of this subsection applies to the construction of a new accessway, or alteration, major restoration, transfer of maintenance responsibility or abandonment of an existing accessway. No land use permit is required for:

(1)

The offer of dedication, grant of easement or other conveyance of title for future accessway construction where no public use exists or is proposed at the time of conveyance; or

(2)

Normal maintenance or minor improvements, where the total valuation of work does not exceed $1,500 as determined by the County Fee Ordinance.

g.

Access title and guarantee: Where public coastal accessways are required by this section, approval of a land division, or land use permit for new development shall require guarantee of such access through deed restriction, or dedication of right-of-way or easement. Before approval of a land use permit or land division, the method and form of such access guarantee shall be approved by County Counsel, and shall be recorded in the office of the County Recorder, identifying the precise location and area to be set aside for

public access. The recorded document shall include the mapped location of the access area prepared by a licensed professional, as well as legal descriptions of the access area and the affected properties. The method of access guarantee shall be chosen according to the following criteria:

(1)

Deed restriction. Shall be used only where an owner, association or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the Planning Director.

(2)

Grant of fee interest or easement: Shall be used when a public agency or private organization approved by the Planning Director is willing to assume ownership, maintenance and liability for the access.

(3)

Offer of dedication: Shall be used when no public agency, private organization or individual is willing to accept fee interest or easement for accessway maintenance and liability. Such offers shall not be accepted until maintenance responsibility and liability is established.

(4)

Procedures for open space easements and public access documents. Pursuant to Section 13574 of Title 14 of the California Administrative Code, all land use permits and tentative subdivision maps subject to conditions of approval pertaining to public access, open space, agricultural or conservation easements shall be subject to the following procedures:

(i)

All legal documents shall be forwarded to the executive director of the Coastal Commission for review and approval as to the legal adequacy and consistency with the requirements of potential accepting agencies;

(ii)

The executive director of the Coastal Commission shall have 15 working days from the receipt of the documents in which to complete the review and to notify the applicant and the county of recommended revisions, if any;

(iii)

If the executive director of the Coastal Commission has recommended revisions to the applicant, the land use permit shall not become effective pursuant to Section 23.02.034d of this title until the deficiencies have been resolved to the satisfaction of the executive director;

(iv)

The land use permit may become effective (Section 23.02.034d) upon expiration of the 15 working day period if the Coastal Commission has not notified the applicant and the county that the documents are not acceptable.

h.

Requirements for access improvements and support facilities. Coastal accessways required by this section or by planning area standards of the Land Use Element shall be physically improved as provided by this subsection. The need for improvements to any accessway shall be considered as part of land use permit approval, and responsibility for constructing the improvement shall be borne by the developer or consenting public agency. After construction, maintenance and repair may be accomplished by a public agency or by a private entity approved by the applicable review body taking action on the project land use permit.

(1)

Typical improvements that may be required. The extent and type of improvements and support facilities that may be required may include but are not limited to drainage and erosion control measures, planting, surfacing, structures such as steps, stairways, handrails, barriers, fences or walls, benches, tables, lighting, parking spaces for the disabled, safety vehicles or general public use, as well as structures such as restrooms or overlooks.

(2)

Type and extent of improvements - required findings. The improvements described in subsection h(1) of this section shall be required to an extent where such improvements:

(i)

Are necessary to either assure reasonable public access, protect the health and safety of access users, assure and provide for proper long-term maintenance of the accessway, or protect the privacy of adjacent residents.

(ii)

Are adequate to accommodate the expected level and intensity of public use that may occur;

(iii)

Can be properly maintained by the approved maintenance entity;

(iv)

Incorporate adequate measures to protect the privacy and property rights of adjoining property owners and residents.

i.

Accessway signing. Where required through land use permit or tentative subdivision map approval, signs installed in conjunction with accessways shall conform to the following standards:

(1)

Sign design. Accessway signs shall use white letters on a brown background. The number and dimensions of signs are to be determined through land use permit review.

(2)

Identification Signs: Shall contain the words "COASTAL ACCESS" in three-inch letters at the top of the sign, as well as the name of the accessway, if any, and indicate if there are any hazards or rare or endangered species.

(3)

No Trespass Signs: Shall contain the words "RESPECT PRIVATE PROPERTY - NO TRESPASSING".

(4)

Hazard Signs: Shall be located at the tops of bluffs or cliffs.

(5)

Parking area signing: Each parking area shall be posted in a location visible from the public road with a sign that is between two and four square feet in area, stating: "PARKING FOR PUBLIC COASTAL ACCESS". Lettering shall be a minimum of two inches high and clearly legible.

j.

Restoration of degraded access areas. Existing coastal access areas that have been degraded through intense use shall be restored along with construction of new development on the site to the maximum extent feasible. Restoration techniques shall be established through landscaping plan review and approval, and may include trail consolidation and revegetation using native plant species, as well as controlling public access. Restoration shall be required as a condition of land use permit approval, subject to the criteria of this subsection. Restoration of an accessway by a public agency shall require Minor Use Permit approval. The following standards shall apply in addition to any other access improvements required as part of Minor Use Permit review:

(1)

Areas of the site where native vegetation has been destroyed, that are not proposed to be improved with structures, paved areas or landscaping, shall be revegetated with indigenous plants. Prior to revegetation, a landscape plan shall be prepared, reviewed and approved pursuant to Section 23.04.180 et seq. (Landscape) for the areas of revegetation.

(2)

The use of motor vehicles on the accessway, other than maintenance, emergency and agricultural vehicles, shall be prevented by physical barriers for areas other than designated parking.

(3)

Installation of a physical barrier may be required through Minor Use Permit or Development Plan approval to restrict access to degraded areas.

(4)

Public access may be restricted if it is determined that the area is extremely degraded and time is needed to allow recovery of vegetation. Access may be restricted by temporary barriers such as fencing, with signs explaining the restriction. The degree of access and restrictions will be determined by the Planning Director after consultation with the property owner and affected public agencies. At the time of such restriction a date shall be set for removal of such barriers and signs. On or before that date, the Planning Director shall review the progress of recovery and may extend the restriction.

k.

Sighting criteria for coastal accessway. In reviewing a proposed accessway, the applicable review body shall consider the effects that a public accessway may have on adjoining land uses in the location and design of the accessway. When new development is proposed, it shall be located so as not to restrict access or to create possible privacy problems. Where feasible, the following general criteria shall be used in reviewing new access locations, or the location of new development where coastal access considerations are involved:

(1)

Accessway locations and routes should avoid agricultural areas, sensitive habitats and existing or proposed residential areas by locating near the edge of project sites;

(2)

The size and location of vertical accessways should be based upon the level and intensity of existing and proposed access;

(3)

Review of the accessway shall consider: safety hazards, adequate parking provisions, privacy needs of adjacent residences, adequate signing, and levels of improvements necessary to provide for access;

(4)

Limiting access to pass and repass should be considered where there are nearby residences, where topographic constraints make the use of the beach dangerous, where there are habitat values that can be disturbed by active use.

[Amended 1995, Ord. 2715; 2004, Ord. 2999]

A land use permit for new development that requires water or disposal of sewage shall not be approved unless the applicable approval body determines that there is adequate water and sewage disposal capacity available to serve the proposed development, as provided by this section. Subsections a. and b. of this section give priority to infilling development within the urban service line over development proposed between the USL and URL. In communities with limited water and sewage disposal service capacities as defined by Resource Management System alert levels II or III:

a.

A land use permit for development to be located between an urban services line and urban reserve line shall not be approved unless the approval body first finds that the capacities of available water supply and sewage disposal services are sufficient to accommodate both existing development, and allowed development on presently-vacant parcels within the urban services line.

b.

Development outside the urban services line shall be approved only if it can be served by adequate on-site water and sewage disposal systems, except that development of a single-family dwelling on an existing parcel may connect to a community water system if such service exists adjacent to the subject parcel and lateral connection can be accomplished without trunk line extension.

To minimize conflicts between agricultural and urban land uses, development requiring new community water or sewage disposal service extensions beyond the urban services line shall not be approved.

The purpose of this section is to implement portions of the Cambria Transfer of Development Credits (TDC's) Program by providing a procedure to allow simple transfers within the community of Cambria. Consistent with applicable planning area programs and standards of the Land Use Element, the objective of this section is to reduce potential development in environmentally sensitive within the Urban Reserve Line of Cambria (URL), and help implement a buildout reduction program within the boundaries of the Cambria Community Services District. Through the use of TDC's, potential development for lots within sensitive areas may be transferred, in terms of allowable building area (expressed in square footage), to more suitable sites within the URL. A lot from which development credits have been transferred is "retired", and loses its building potential through recordation of permanent conservation easement or other document. A TDC "receiver" site would then be allowed to be developed with a larger dwelling than would otherwise be allowed by planning area standards.

a.

Where allowed. Receiver sites shall be located within the Residential Single Family land use category and on parcels in a small-lot residential subdivision only. Small-lot residential subdivisions, as identified in North Coast Area Plan (Part II of the Land Use Element) for the Cambria Urban Area include East Lodge Hill, West Lodge Hill, Park Hill, Happy Hill, and Pine Knolls. Lots being retired for purposes of a transfer shall be in a location consistent with Combining Designations Program number 17 (Chapter 6, Section D of the North Coast Area Plan). Lots within Special Project Area #2 (Visible Hillside) may qualify as a receiver site (for additional GSA or footprint) provided retiring lots are within the same special project area, as shown on the following exhibits. Lots within Special Project Area #1 - Fern Canyon are not allowed to use TDCs as a receiver site.

==> picture [384 x 155] intentionally omitted <==

b.

Permit requirement. Minor Use Permit for the proposed dwelling and site receiving the additional allowed square footage. No permit requirement for the lot to be retired into open space.

c.

Required findings. The Planning Director or applicable appeal body shall not approve a Minor Use Permit for a residence to be constructed with additional square footage gained through TDC until the following findings have been made:

(1)

Adequate instruments have been executed to assure that lot(s) to be retired will remain in permanent open space and that no development will occur; and

(2)

The "receiver" site can accommodate the proposed scale and intensity of development without the need for a variance (23.01.045), exception to height limitations (23.04.124b) or modification to parking standards (23.04.162h); and

(3)

The circumstances of the transfer are consistent with the purpose and intent of the applicable planning area programs and standards regarding transfer of development credits.

d.

Eligible purchasers of TDC's.

(1)

Owners of small residential single-family lots within the Cambria Urban Reserve Line. Through the transfer of development credits (TDC's), owners of property with sewer or water service by the Cambria Community Services District (CCSD) that are located on West Lodge Hill, East Lodge Hill, Park Hill, Happy Hill or Pine Knolls may be allowed an increase in the allowable footprint and gross structural area on their property.

(2)

Other properties. Owners of properties that have been required by planning area standards, conditions of development approval, or other provisions of the Local Coastal Program to offset impacts of development through purchase of TDC's may also participate.

e.

Application contents. In addition to meeting the application contents of section 22.02.033 (Minor Use Permit), an applicant proposing a TDC shall submit evidence that a preliminary agreement has been reached between the property owners and a non-profit corporation organized for conservation purposes approved by the Planning Director, and including the following:

(1)

The location of the lot(s) to be retired;

(2)

The size and approximate slope of both lots to be retired and lot(s) to receive additional square footage;

(3)

The method of permanent disposition of fee title of the lot(s) to be retired;

(4)

The type of conservation easement, deed restriction or other instrument utilized to guarantee the permanent open space of the lot(s) to be retired.

f.

Participation of a non-profit corporation required. A TDC shall not be approved unless a non-profit corporation or public agency, organized for conservation purposes and approved by the Planning Director, participates in the TDC process. The role of the non-profit corporation may include public information and TDC program development, a source of available square footage for purchase, recordation of easements, deed restrictions or other documents, and may be responsible for final disposition of lots to be retired.

[Amended 2018, Ord. 3365]

Chapter 23.05 - SITE DEVELOPMENT STANDARDS