§ 23.05

This chapter establishes standards for the preparation of sites for development and construction activities, to protect the health, safety and welfare of persons living on or near a project site by protecting against unwarranted or unsafe grading, or soil erosion resulting from grading; by defining appropriate circumstances for tree removal; by providing for adequate drainage and fire protection facilities; and by identifying appropriate standards for other aspects of site development.

Sections 23.05.022 through 23.05.039 establish standards for grading and excavation activities to minimize hazards to life and property; protect against erosion and the sedimentation of water courses; and protect the safety, use and stability of public rights-of-way and drainage channels. Additional standards for grading within a Sensitive Resource Area are in Sections 23.07.160 et seq. The grading standards of this chapter are organized into the following sections:

23.05.024 Grading Plan Required

23.05.025 Grading Permit Required

23.05.026 Grading Permit Exemptions

23.05.027 Grading Permit Fees

23.05.028 Grading Permit - Application Content

23.05.030 Grading Permit Review and approval

23.05.032 Commencement and Completion of Grading

23.05.034 Grading Standards

All grading activities shall occur pursuant to the provisions of Chapter 70 of the Uniform Building Code, 1985 edition, which is hereby adopted and incorporated into this title by reference as though it were fully set forth here.

In the event of any conflict between the provisions of this chapter and Chapter 70 of the Uniform Building Code, this chapter shall prevail.

a.

When required: In any case where a proposed project requiring land use permit approval involves 50 or more cubic yards of earth moving, the land use permit application shall include a grading plan containing the information specified by subsection b of this section.

b.

Grading plan content: A grading plan shall be neatly and accurately drawn to scale, including the following information:

(i)

Existing ground contours or elevations of the site at five foot intervals.

(ii)

Contours or site elevations after grading is completed, including any modifications to drainage channels.

(iii)

Any required retaining walls or other means of retaining cuts or fills.

(iv)

Elevations of the edge of the pavement or road at driveway entrance.

(v)

Elevation of the finish floor of the garage or other parking area.

(vi)

Elevations at the base of building corners.

(vii)

An estimate of the volume of earth to be moved, expressed in cubic yards.

Where a grading permit is required by Section 23.05.025 (Grading Permit Required), the grading plan shall also include all information required by Section 23.05.028 (Grading Permit - Application Content).

A grading permit shall be obtained before beginning any: grading, excavation, or fill activities; or for any diking or dredging activities involving wetlands and riparian areas; or for any earthwork, paving, surfacing or other construction activity that alters any natural or other existing offsite drainage pattern, including but not limited to any change in the direction, velocity or volume of flow; except for the activities identified by Section 23.05.026 (Grading Permit Exemptions). This section and Section 23.05.026 supersede Section 7003 of the Uniform Building Code. Where a grading permit application proposes a project that is not otherwise subject to the land use permit requirements of Chapters 23.03 or 23.08 or other applicable section of this title, grading permit approval certifies that the proposed project will satisfy all applicable provisions of this title and thereby constitutes approval of a coastal development permit. Where a grading permit is appealable to the Coastal Commission pursuant to Section 23.01.043, Minor Use Permit approval is also required as set forth in Section 23.02.033.

The following activities are exempt from the requirements of Section 23.05.025 for a grading permit:

a.

Where authorized by a valid building permit, excavations below existing or finish grade for basements, and footings of a building, retaining walls or other structures; provided that this shall not exempt any fill made with material from such excavation nor exempt any excavation occurring where the natural slope of the site exceeds 20 percent or any excavation having an unsupported height greater than five feet after the completion of such structure.

b.

Cemetery graves.

c.

Excavations or fills approved by the county Engineering Department for subdivision map projects with approved coastal development permits.

d.

Agricultural cultivation activities including preparation of land for cultivation, other than grading for roadwork or pads for structures.

e.

Surface mining operations approved in accordance with Section 23.08.180 et seq. (Surface Mining).

f.

An excavation which is less than two feet in depth; or which does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical.

g.

A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, not intended to support structures, which does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course.

h.

Excavations for wells, tunnels (except mining - see Section 23.08.190 et seq.), routing pipeline maintenance practices disturbing areas less than 1,000 square feet in size; or installation, testing, placement in service, or the replacement of any necessary utility connection between an existing facility and an individual customer or approved development for utilities regulated by the Public Utilities Commission, including electrical, water, sewage disposal or natural gas lines, on a single site or within a public right-of-way; provided that this exemption does not apply to such excavations in the following areas: [Amended 1992, Ord. 2591]

(1)

Any area designated as appealable pursuant to Section 23.01.043;

(2)

Within an archaeologically sensitive area as shown in the Land Use Element;

(3)

Within 100 feet of an Environmentally Sensitive Habitat;

(4)

Extensions of water or sewage service outside of an urban services line as shown in the Land Use Element.

[Amended 2006, Ord. 3082]

Fees for grading permits shall be as set forth in County Fee Ordinance. This section supersedes Section 7007(b) of the Uniform Building Code.

To apply for a grading permit, a Plot Plan application is to be submitted, together with the additional information required by this section. (Where a grading permit is appealable to the Coastal Commission pursuant to Section 23.01.043, the application shall also include all information required by Section

23.02.033 for a Minor Use Permit.) Where grading requiring a permit is proposed in conjunction with a Site

Plan, Minor Use Permit or Development Plan request, those applications may be used to satisfy grading permit information requirements as long as all required information is submitted. This section supersedes Section 7006 of the Uniform Building Code.

a.

Minor grading: Where Section 23.05.025 requires a grading permit and the grading will move less than 5,000 cubic yards; is located on slopes less than 30%; and is not located within a Geologic Study Area or Flood Hazard combining designation, the application for a grading permit is to include the following, where required by the Building Official:

(1)

Contour information:

(i)

For sites with slopes of 10% or less, generalized existing contours and drainage channels, including areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations.

(ii)

For sites with slopes greater than 10% and less than 30%, details of area drainage and accurate contours of existing ground at two-foot intervals; for slopes 30% or greater, contours at five-foot intervals.

(2)

Location of any buildings or structures existing or proposed on the site within 50 feet of the area that may be affected by the proposed grading operations, including any wetlands, coastal stream or riparian vegetation.

(3)

Proposed use of the site necessitating grading, where a land use permit has not been issued.

(4)

Limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction.

(5)

Drainage plan (Section 23.05.044 (Drainage Plan Content)).

(6)

Compaction report, where a site is proposed to be filled to be used for a building pad.

(7)

A soil engineering report, including data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

(8)

An engineering geology report, including a description of site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

(9)

Intended means of revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting.

(10)

Protective measures to be taken during construction, such as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. (Such information shall be submitted in the form of a sedimentation and erosion control plan pursuant to Section 23.05.036, when required by that section.)

b.

Engineered grading: Where Section 23.05.026 requires a grading permit, and the grading will move 5,000 cubic yards or more, is located on slopes of 30% or greater, or is located within a Geologic Study Area, Flood Hazard area or within 100 feet of any Environmentally Sensitive Habitat, the grading plan is to be prepared and certified by a registered civil engineer, and is to include specifications covering construction and material requirements in addition to the information required for minor grading.

Grading permit applications shall be processed as follows:

a.

Environmental determination: As required by Title 14 of the California Administrative Code, all grading permit applications are to be transmitted to the Environmental Coordinator for an environmental determination pursuant to the California Environmental Quality Act (CEQA), except for the applications that propose grading on terrain with slopes less than 10%, that will involve less than 5,000 cubic yards of earth moving and are not located within a Sensitive Resource Area combining designation, 23.05.030 which applications are hereby deemed categorically exempt from the provisions of CEQA. Following transmittal to the Environmental Coordinator, no action shall be taken to approve, conditionally approve or deny a grading permit until it is:

(1)

Returned to the Planning and Building Department accompanied by a written determination by the Environmental Coordinator that the project is exempt from the provisions of CEQA; or

(2)

Returned to the Planning and Building Department accompanied by a duly issued and effective negative declaration; or

(3)

Returned to the Planning and Building Department accompanied by an environmental impact report certified by the Board of Supervisors.

b.

Application processing where EIR required: Where the Board of Supervisors has required an environmental impact report pursuant to CEQA, and:

(1)

If a development plan is not required by other provisions of this title, a grading permit application shall be processed, reviewed and approved according to all the provisions of Section 23.02.034 (Development Plan), and the criteria of subsection e. of this section; or

(2)

If a development plan is required by other provisions of this title, a grading permit shall be processed, reviewed, and approved according to the provisions of this section, including a requirement that the grading permit application shall be consistent with and satisfy all applicable conditions of approval of the development plan.

c.

Application processing where no EIR is required: Where a grading permit is categorically exempt from the provisions of CEQA or has been granted a negative declaration, the Building Official may approve the permit where the proposed grading is in conformity with applicable provisions of this title; provided:

(1)

The Building Official may require that grading operations and project designs be modified if delays occur that result in weather-generated problems not considered at the time the permit was issued.

(2)

Where a negative declaration for a grading permit has identified mitigation measures necessary to reduce environmental impacts, such mitigation measures are to be applicable to the approved grading permit and grading operations as conditions of approval.

d.

Application processing for appealable development: Where grading activities are appealable to the Coastal Commission pursuant to Section 23.01.043, the grading permit shall be processed as a Minor Use Permit (Section 23.02.033).

e.

Criteria for approval: A grading permit may be issued only where the Building Official first finds, where applicable, that:

(1)

The extent and nature of proposed grading is appropriate to the use proposed, and will not create site disturbance to an extent greater than that required for the use;

(2)

Proposed grading will not result in erosion, stream sedimentation, or other adverse off-site effects or hazards to life or property;

(3)

The proposed grading will not create substantial adverse long-term visual effects visible from off-site.

(4)

Proposed drainage measures have been approved by the County Engineer.

f.

Grading permit time limits:

(1)

An approved grading permit is valid for a period of 120 days from the effective date of the permit, after which the permit shall expire unless:

(i)

Grading has begun.

(ii)

An extension has been granted as set forth in subsection f of this section.

(2)

Where grading has been commenced within 120 days of permit issuance, grading operations are to be completed within 120 days from the date of commencement of grading unless an extension has been granted (subsection f), or the initial approval specifies a longer term for completion.

g.

Extension of grading permit: Any permittee holding an unexpired grading permit may apply for an extension of the time within which grading operations are to be begun or completed, pursuant to Section 19.04.034 of the Building and Construction Ordinance, Title 19 of this code.

[Amended 1992, Ord. 2540; Amended 1992, Ord. 2547; 1993, Ord. 2501]

All grading operations for which a permit is required are subject to inspection by the Building Official, and are to be completed in accordance with the following provisions:

a.

Inspection: Where required by the Building Official, grading operations are to be conducted only while under the inspection of the Building Official, as set forth in Section 7014 of the Uniform Building Code, provided the Building Official may waive this requirement where inspection is conducted by another public agency or where the Building Official determines the nature and extent of proposed grading does not need continuous inspection.

b.

Independent testing: The Building Official may require inspection and testing by an approved testing agency, and is responsible for coordination of the parties to all grading activities, including the civil engineer, soils engineer, and engineering geologist (where required), the grading contractor and the testing agency.

c.

Bonding: Guarantees of performance may be required by the Building Official as set forth in Section 7008 of the Uniform Building Code and Section 23.02.060 of this title.

d.

Completion of work: Completion of grading operations is to occur in accordance with Section 7015 of the Uniform Building Code.

All excavations and fills, whether or not subject to the permit requirements of this title, shall be conducted in accordance with the provisions of Sections 7009 through 7013 of the Uniform Building Code, and the following standards:

a.

Area of cuts and fills: Cuts and fills shall be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate residential yard area or outdoor storage or sales area incidental to a non-residential use.

b.

Grading for siting of new development. Grading for the purpose of creating a site for a structure or other development shall be limited to slopes less than 20% except:

(1)

Existing lots in the Residential Single-Family category, if a residence cannot feasibly be sited on a slope less than 20%; and

(2)

When grading of an access road or driveway is necessary to provide access to building site with less than 20% slope, and where there is no less environmentally damaging alternative; and

(3)

Grading adjustment. Grading on slopes between 20% and 30% may occur by Minor Use Permit or Development Plan approval subject to the following:

(i)

The applicable review body has considered the specific characteristics of the site and surrounding area including: the proximity of nearby streams or wetlands, erosion potential, slope stability, amount of grading necessary, neighborhood drainage characteristics, and measures proposed by the applicant to reduce potential erosion and sedimentation.

(ii)

Grading and erosion control plans have been prepared by a registered civil engineer and accompany the request to allow the grading adjustment.

(iii)

It has been demonstrated that the proposed grading is sensitive to the natural landform of the site and surrounding area.

(iv)

It has been found that there is no other feasible method of establishing an allowable use on the site without grading on slopes between 20% and 30%.

c.

Grading adjacent to Environmentally Sensitive Habitats. Grading shall not occur within 100 feet of any Environmentally Sensitive Habitat except:

(1)

Where a setback adjustment has been granted as set forth in Sections 23.07.172d(2) (Wetlands) or 23.07.174d(2) (Streams and Riparian Vegetation) of this title; or

(2)

Within an urban service line when grading is necessary to locate a principally permitted use and where the approval body can find that the application of the 100-foot setback would render the site physically unsuitable for a principally permitted use. In such cases, the 100-foot setback shall only be reduced to a point where the principally-permitted use, as modified as much as practical from a design standpoint, can be located on the site. In no case shall grading occur closer than 50 feet from the Environmentally Sensitive Habitat or as allowed by planning area standard, whichever is greater.

d.

Landform alterations within public view corridors. Grading, vegetation removal and other landform alterations shall be minimized on sites located within areas determined by the Planning Director to be a public view corridors from collector or arterial roads. Where feasible, contours of finished grading are to blend with adjacent natural terrain to achieve a consistent grade and appearance.

e.

Final contours: Contours, elevations and shapes of finished surfaces are to be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Border of cut slopes and fills are to be rounded off to a minimum radius of five feet to blend with the natural terrain.

f.

Grading near watercourses: Grading, dredging or diking (consistent with Section 23.07.174) shall not alter any intermittent or perennial stream, or natural body of water shown on any USGS 7-1/2 minute map, except as permitted through approval of a county drainage plan and a streambed alteration permit from the

California Department of Fish and Game issued under Sections 1601 or 1602 of the Fish and Game Code. (Additional standards are contained in Sections 23.07.172 through 174 of this title.) Watercourses shall be protected as follows:

(1)

Watercourses shall not be obstructed unless an alternate drainage facility is approved.

(2)

Fills placed within watercourses shall have suitable protection against erosion during flooding.

(3)

Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the County Engineer in place.

(4)

Excavated materials shall not be deposited or stored in or alongside a watercourse where the materials can be washed away by high water or storm runoff.

g.

Revegetation: Where natural vegetation has been removed through grading in areas not affected by the landscape requirements (Section 23.04.180 et seq. - Landscape, Screening and Fencing), and that are not to be occupied by structures, such areas are to be replanted as set forth in this subsection to prevent erosion after construction activities are completed. [Amended 1993, Ord. 2649]

(1)

Preparation for revegetation: Topsoil removed from the surface in preparation for grading and construction is to be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil is to be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting.

(2)

Methods of revegetation: Acceptable methods of revegetation include hydro-mulching, or the planting of rye grass, barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscape cover is to be sown at not less than four pounds to each 1,000 square feet of land area. Other revegetation methods offering equivalent protection may be approved by the Building Official. Plant materials shall be watered at intervals sufficient to assure survival and growth. Native plant materials are encouraged to reduce irrigation demands. Where riparian vegetation has been removed, riparian plant species shall be used for revegetation.

(3)

Timing of revegetation measures: Permanent revegetation or landscaping should begin on the construction site as soon as practical and shall begin no later than six months after achieving final grades and utility emplacements.

[Amended 2006, Ord. 3082]

23.05.036 - Sedimentation and Erosion Control.

a.

Sedimentation and erosion control plan required: Submittal of a sedimentation and erosion control plan for review and approval by the County Engineer is required when:

(1)

Grading requiring a permit is proposed to be conducted or left in an unfinished state during the period from October 15 through April 15; or

(2)

Land disturbance activities, including the removal of more than one-half acre of native vegetation are conducted in geologically unstable areas, on slopes in excess of 30%, on soils rated as having severe erosion hazard, or within 100 feet of any water course shown on the most current 7-1/2 minute USGS quadrangle map.

(3)

The placing or disposal of soil, silt, bark, slash, sawdust or other organic or earthen materials from logging, construction and other soil disturbance activities above or below the anticipated high water line of a watercourse where they may be carried into such waters by rainfall or runoff in quantities deleterious to fish, wildlife or other beneficial uses.

When a sedimentation and erosion control plan is required, none of the activities described in subsections a(1) through a(3) above shall be commenced until such plan is approved by the County Engineer pursuant to this section.

b.

Sedimentation and erosion control plan preparation and processing: Sedimentation and erosion control plans shall address both temporary and final measures and shall be submitted to the County Engineer for review and approval. When such plans are required, they shall be prepared by a registered civil engineer or other qualified professional approved by the County Engineer. Such plans shall be prepared in accordance with the San Luis Obispo County Standard Improvement Specifications and Drawings. Sedimentation and

erosion control plans may be incorporated into and approved as part of a grading, drainage or other improvement plan, but must be clearly identified as a sedimentation and erosion control plan. Selection of appropriate control measures shall be based upon evaluation of project design, site conditions, predevelopment erosion rates and the environmental sensitivity of adjacent areas.

c.

Plan check, inspection, and completion: Where required by the County Engineer, the applicant is to execute a plan check and inspection agreement with the county and the sedimentation and erosion control facilities inspected and approved before a certificate of occupancy is issued.

d.

Sedimentation and erosion control measures: The control of sedimentation and erosion shall include but is not limited to the use of the following:

(1)

Slope surface stabilization:

(i)

Temporary mulching, seeding or other suitable stabilization measures approved by the County Engineer shall be used to protect exposed erodible areas during construction.

(ii)

Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff.

(2)

Erosion and sedimentation control devices: In order to prevent polluting sedimentation discharges, erosion and sediment control devices shall be installed as required by the County Engineer for all grading and filling. Control devices and measures that may be required include, but are not limited to energy absorbing structures or devices to reduce the velocity of runoff water.

(3)

Final erosion control measures: Within 30 days after completion of grading, all surfaces disturbed by vegetation removal, grading, haul roads, or other construction activity that alters natural vegetative cover, are to be revegetated to control erosion, unless covered with impervious or other improved surfaces authorized by approved plans. Erosion controls may include any combination of mechanical or vegetative measure, including those described in USDA Soil Conservation Service Bulletin 347.

e.

Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on the site and on adjoining properties.

Any determination as to conformance with the grading standards in this chapter may be appealed to the Board of Supervisors in accordance with the procedure set forth in Section 23.01.042a of this title.

Existing grading that has become hazardous to life or property is subject to Section 3304 through 3318 of the Uniform Building Code. Any grading performed in violation of this section shall be deemed a nuisance, and full abatement and restoration may be required and an assessment of cost may be levied in accordance with Chapter 23.10 (Enforcement).

[Amended 2004, Ord. 3001]

Standards for the control of drainage and drainage facilities provide for designing projects to minimize harmful effects of storm water runoff and resulting inundation and erosion on proposed projects, and to protect neighboring and downstream properties from drainage problems resulting from new development. The standards of Sections 23.05.042 through 23.05.050 are applicable to projects and activities required to have land use permit approval.

No land use or construction permit (as applicable) shall be issued for a project where a drainage plan is required, unless a drainage plan is first approved pursuant to Section 23.05.046. Drainage plans shall be submitted with or be made part any land use, building or grading permit application for a project that:

a.

Involves a land disturbance (grading, or removal of vegetation down to duff or bare soil, by any method) of more than 40,000 square feet; or

b.

Will result in an impervious surface of more than 20,000 square feet; or

c.

Is subject to local ponding due to soil conditions and lack of identified drainage channels; or

d.

Is located in an area identified by the County Engineer as having a history of flooding or erosion that may be further aggravated by or have a harmful effect on the project; or

e.

Is located within a Flood Hazard (FH) combining designation; or

f.

Involves land disturbance or placement of structures within 50 feet of any watercourse shown on the most current USGS 7-1/2 minute quadrangle map; or

g.

Involves hillside development on slopes steeper than 10 percent.

h.

May, by altering existing drainage, cause an on-site erosion or inundation hazard, or change the off-site drainage pattern, including but not limited to any change in the direction, velocity, or volume of flow.

i.

Involves development on a site adjacent to any coastal bluff.

[Amended 1995, Ord. 2715]

In any case where a drainage plan is required by Section 23.05.042 and an environmental determination is not otherwise required by Section 23.02.033 (Minor Use Permit), Section 23.02.034 (Development Plan), Chapter 23.07 (Combining Designations), or Section 23.05.030 (Grading Permit Review and Approval), the project application is to be subject to an environmental determination as set forth in Section 23.02.034b(1) before a decision to approve the application, except for single-family residences which are exempt from the provisions of CEQA.

[Amended 1995, Ord. 2715]

Drainage plans shall be neatly and accurately drawn, at an appropriate scale that will enable ready identification and recognition of submitted information. The County Engineer may require drainage plans to be prepared by a registered civil engineer.

a.

Basic drainage plan contents: Except where an engineered drainage plan is required, a drainage plan is to include the following information about the site:

(1)

Flow lines of surface waters onto and off the site.

(2)

Existing and finished contours at two-foot intervals or other topographic information approved by the County Engineer.

(3)

Building pad, finished floor and street elevations, existing and proposed.

(4)

Existing and proposed drainage channels including drainage swales, ditches and berms.

(5)

Location and design of any proposed facilities for storage or for conveyance of runoff into indicated drainage channels, including sumps, basins, channels, culverts, ponds, storm drains, and drop inlets.

(6)

Estimates of existing and increased runoff resulting from the proposed improvements.

(7)

Proposed erosion and sedimentation control measures.

(8)

Proposed flood-proofing measures where determined to be necessary by the County Engineer.

b.

Engineered plan content: Engineered drainage plans are to include an evaluation of the effects of projected runoff on adjacent properties and existing drainage facilities and systems in addition to the information required by subsection a of this section.

All drainage plans are to be submitted to the County Engineer for review, and are subject to the approval of the County Engineer, prior to issuance of a land use or construction permit, as applicable. Actions of the County Engineer on drainage plans may be appealed to the Board of Supervisors in accordance with the procedure set forth in Section 21.01.042a of this title; except that where the site is within a Flood Hazard combining designation, the procedure described in Section 23.07.066d shall be used.

Where required by the County Engineer, a plan check and inspection agreement is to be entered into and the drainage facilities inspected and approved before a certificate of occupancy is issued.

a.

Design and construction. Drainage systems and facilities subject to drainage plan review and approval that are to be located in existing or future public rights-of-way are to be designed and constructed as set forth in the County Engineering Department Standard Improvement Specifications and Drawings. Other systems and facilities subject to drainage plan review and approval are to be designed in accordance with good engineering practices. The design of drainage facilities in new land divisions and other new development subject to Minor Use Permit or Development Plan approval shall maximize groundwater recharge through on-site or communitywide stormwater infiltration measures. Examples of such measures include constructed wetlands, vegetated swales or filter strips, small percolation ponds, subsurface infiltration basins, infiltration wells, and recharge basins. Where possible, recharge basins shall be designed to be available for recreational use.

[Amended 2004, Ord. 3048]

b.

Natural channels and runoff. Proposed projects are to include design provisions to retain off-site natural drainage patterns and, when required, limit peak runoff to pre-development levels. To the maximum extent feasible, all drainage courses shall be retained in or enhanced to appear in a natural condition, without channelization for flood control. On downhill sites, encourage drainage easements on lower properties so that drainage can be released on the street or other appropriate land area below.

c.

Areas subject to flooding. Buildings or structures are not permitted in an area determined by the County Engineer to be subject to flood hazard by reason of inundation, overflow, high velocity or erosion, except where such buildings or structures are in conformity with the standards in Section 22.07.066 of this title and provisions are made to eliminate identified hazards to the satisfaction of the County Engineer. Such provisions may include providing adequate drainage facilities, protective walls, suitable fill, raising the floor level of the building or by other means. The placement of the building and other structures (including walls and fences) on the building site shall be such that water or mudflow will not be a hazard to the building or adjacent property. The County Engineer in the application of this standard shall enforce as a minimum the current federal flood plain management regulations as defined in the National Flood Insurance Program, authorized by U.S. Code Sections 4001-4128 and contained in Title 44 of the Code of Federal Regulations Part 59 et seq., which are hereby adopted and incorporated into this title by reference as though they were fully set forth here.

d.

Development adjacent to coastal bluffs. Stormwater outfalls that discharge to the bluff, beach, intertidal area, or marine environment are prohibited unless it has been demonstrated that it is not feasible to detain the stormwater on-site, or direct the stormwater to pervious land areas or the street, without causing flooding or erosion. In such instances, stormwater outfalls shall include filtration and treatment systems necessary to protect coastal water quality, be screened from public view using underground pipes and/or native vegetation screening of local stock, and receive all applicable agency approvals. Consolidation of existing outfalls shall be pursued where feasible. The drainage plan shall incorporate all reasonable measures to minimize increased erosion to the coastal bluff as a result of development.

e.

Water Runoff.

(1)

Best Management Practices - Residential development. All new residential development subject to discretionary review shall use Best Management Practices (BMPs) to address polluted runoff. BMPs shall be consistent with the guidance found in documents such as the California Storm Water Best Management Practices Handbook (Municipal). Such measures shall include, but not be limited to: minimizing the use of impervious surfaces (e.g., installing pervious driveways and walkways); directing runoff from roofs and drives to vegetative strips before it leaves the site; and/or managing runoff on the site (e.g., percolation basins); and other Low Impact Design (LID) techniques. The installation of vegetated roadside drainage

swales shall be encouraged and, if used, calculated into BMP requirements. The combined set of BMPs shall be designed to treat and infiltrate storm water runoff up to and including the 85[th ] percentile storm event. The Best Management Practices shall include measures to minimize post-development loadings of total suspended solids.

(2)

Best Management Practices - Non-Residential development. All new non-residential development subject to discretionary review shall use Best Management Practices (BMPs) to control and prevent pollutants from entering the storm drain system. BMPs shall be consistent with the guidance found in documents such as the California Storm Water Best Management Practices Handbook (Industrial/Commercial). Such measures shall include both source control and treatment control practices to ensure that contaminants do not leave the site. Stormwater runoff from commercial development shall be filtered through BMPs that treat storm water runoff up to and including the 85[th ] percentile storm event. Restaurant and other commercial cleaning practices that can impact water quality (such as floor mat rinsing and vehicle cleaning) by introducing chemicals to storm drain systems (detergents, oils and grease and corrosive chemicals) shall provide designated areas that collect and dispose of this runoff through the sanitary septic system. Street sweeping and cleaning shall use best management practices outlined in the above referenced handbook or the Model Urban Runoff Program to keep contaminants and cleaning products from entering the storm drain system. The Best Management Practices shall include measures to minimize post-development loadings of total suspended solids. Where feasible, other Low Impact Design (LID) techniques shall be implemented.

f.

Parking lots and paved areas. Parking lots and other paved areas where automobiles are parked that are 1.0 acres or greater in size shall be equipped with facilities and/or measures to address post-construction runoff and ongoing non-point source pollution (e.g., sediment and grease traps, oil/water separators, biofilters), and shall be subject to a periodic maintenance program which is funded and carried out by the property owner.

[Amended 2004, Ord. 2999; Amended 2004, Ord 3048; Amended 2006, Ord. 3082]

g.

Sensitive habitat and groundwater protection. Runoff from roads and development shall not adversely affect sensitive habitat, groundwater resources and downstream areas, and shall be treated to remove floatable trash, heavy metals and chemical pollutants as necessary prior to discharge into surface or groundwater.

h.

Impervious surfaces. New development shall be designed to minimize the amount of impervious surfaces in order to maximize the amount of on-site runoff infiltration..

[Added 2004, Ord. 3048]

23.05.060 - Tree Removal.

The purpose of these standards is to protect existing trees and other coastal vegetation from indiscriminate or unnecessary removal consistent with Local Coastal Plan policies and pursuant to Section 30251 of the Coastal Act which requires protection of scenic and visual qualities of coastal areas. Tree removal means the destruction or displacement of a tree by cutting, bulldozing, or other mechanical or chemical methods, which results in physical transportation of the tree from its site and/or death of the tree.

No person shall allow or cause the removal of any tree without first obtaining a tree removal permit, as required by this section:

a.

When required. Plot Plan approval (Section 23.02.030), is required before the removal or replacement of any existing trees except for tree removal under circumstances that are exempt from tree removal permit requirements pursuant to subsection b. of this section, and except for the following types of tree removal, which are instead subject to Minor Use Permit approval:

(1)

Riparian vegetation near any coastal stream or wetland. (See Section 23.07.174 for additional standards);

(2)

Proposed for removal when not accompanied by a land use permit for development;

(3)

Located in any appealable area as defined by Section 23.01.043c;

(4)

Located in any Sensitive Resource Area (where the identified resources are trees) as shown on official combining designation maps (Part III of Land Use Element);

(5)

Where tree cutting will cumulatively remove more than 6,000 square feet of vegetation as measured from the canopy of trees removed.

b.

Exceptions to tree removal permit requirements. A tree removal permit is not required for the removal of trees that are:

(1)

Identified and approved for removal in an approved land use permit or approved subdivision improvement drawings, provided that such removal is subject to the standards of Section 23.05.064 (Tree Removal Standards); or

(2)

In a hazardous condition which presents an immediate danger to health or property as determined by a county inspection, provided that such removal is allowed by letter of the Planning Director and subject to the standards of Section 23.05.064 (Tree Removal Standards); or

(3)

With trunks measuring less than eight inches in diameter at four feet above grade; or

(4)

To be removed in preparation for agricultural cultivation and crop production in an Agriculture land use category.

(5)

To be removed as part of management practice in orchards of commercial agricultural production.

c.

Application content. Land use permit applications that propose tree removal are to include all information specified by Section 23.02.030b (Plot Plan Content) OR 23.02.033 (Minor Use Permit) where applicable, and the following:

(1)

The size, species and condition (e.g., diseased, healthy, etc.) of each tree proposed for removal.

(2)

The purpose of removal.

(3)

The size and species of any trees proposed to replace those intended for removal.

[Amended 2006, Ord. 3082]

Applications for tree removal in accordance with Section 23.05.062 are to be approved only when the following conditions are satisfied:

a.

Tagging required. Trees proposed for removal shall be identified for field inspection by means of flagging, staking, paint spotting or other means readily visible but not detrimental to a healthy tree.

b.

Removal criteria. A tree may be removed only when the tree is any of the following:

(1)

Dead, diseased beyond reclamation, or hazardous;

(2)

Crowded, with good horticultural practices dictating thinning;

(3)

Interfering with existing utilities, structures or right-of-way improvements;

(4)

Obstructing existing or proposed improvements that cannot be reasonably designed to avoid the need for tree removal;

(5)

Inhibiting sunlight needed for either active or passive solar heating or cooling, and the building or solar collectors cannot be oriented to collect sufficient sunlight without total removal of the tree;

(6)

In conflict with an approved fire safety plan where required by Section 23.05.080;

(7)

To be replaced by a tree that will provide equal or better shade, screening, solar efficiency or visual amenity within a 10-year period, as verified in writing by a registered landscape architect, licensed landscaping contractor or certified nurseryman.

c.

Replacement. Any tree removed to accommodate new development or because it is a safety hazard shall be replaced, in a location on the site and with a species common to the community, as approved by the Planning Director.

d.

Tree removal within public view corridors. Tree removal within public view corridors (areas visible from collector or arterial roads) shall be minimized in accordance with Visual and Scenic Resources Policy 5.

e.

Preservation of trees and natural vegetation. New development shall incorporate design techniques and methods that minimize the need for tree removal.

Any proposed use that requires land use permit approval is subject to the provisions of Sections 23.05.082 and 23.05.086. The purpose of these standards is to provide for precautions to minimize hazards to life and property in the event of fire.

The purpose of a fire safety plan is to enable a fire protection agency that has jurisdiction over a proposed site to evaluate the adequacy of proposed fire protection measures, and to keep itself informed of new developments to evaluate their effect upon the ability of the agency to provide continuing service. The approval of a fire safety plan does not imply a commitment by any agency to an increased level of service. [Amended 1992, Ord. 2570]

a.

Where required: A fire safety plan is to be submitted with a land use permit application as follows:

(1)

Within urban and village reserve areas: All land use permit applications shall be submitted to the applicable fire protection agency, except for single family dwellings proposed on existing lots where a letter from the applicable fire protection agency is submitted that verifies that adequate fire flow and fire hydrants exist.

(2)

Rural areas: All applications for uses proposed outside of urban or village reserve lines are to be submitted to the County Fire Chief or designated appointee, except agricultural uses not involving buildings and agricultural accessory buildings.

(3)

Exception: The requirements of this section may be waived where the applicable fire protection agency verifies in writing that fire safety review is unnecessary.

b.

Fire safety plan content:

(1)

Urban and village areas: A fire safety plan shall identify the location of the fire hydrant nearest to the site; the location of any emergency firefighting equipment or water supplies on the proposed site; the location of any explosive or flammable materials; and means of access to all structures available for firefighting equipment.

(2)

Rural areas: A fire safety plan shall include the location of: available water storage; any storage of fuel, explosives, flammable or combustible liquids and gases; and identification of the extent of proposed vegetative fuel reduction areas.

(3)

Exception to content requirements: Where the applicable fire protection agency determines that information provided with the project application and plans is sufficient to enable fire safety review without the need for a separate fire safety plan, the information required by subsections b(1) and b(2) of this section need not be supplied. A letter verifying the adequacy of application information shall be submitted to the Planning and Building Department.

c.

Fire safety plan review:

(1)

Timing of review: Review of a fire safety plan is to be completed before approval of a Minor Use Permit or Development Plan application; and before application for construction permits in cases of Plot Plan approval. [Amended 1992, Ord. 2570]

(2)

Effect of review: Review of fire safety plans is to result in a recommendation to the applicant on the adequacy of proposed fire protection measures, which does not affect approval or disapproval of a project application, except:

(i)

Where the recommendations of the agency enforce the specific provisions of this chapter or, where applicable, the Uniform Fire Code and the State Responsibility Area Fire Safe Regulations (Public Resources Code Section 1270 et seq.).

(ii)

Where the authority vested in the fire protection agency enables the agency to mandate fire protection requirements for new development, such requirements shall be met before final building inspection has been granted or prior to occupancy where allowed by Section 19.04.042 (Occupancy or use of an incomplete structure).

(iii)

In the case of applications for Minor Use Permit or Development Plan approval, recommended fire protection requirements shall be considered as conditions of approval as set forth in Section 23.02.034c(2) (Development Plan Approval - Additional Conditions).

In areas where fire protection is provided by the San Luis Obispo County Fire Department/California Department of Forestry and Fire Protection, new uses shall comply with applicable provisions of the Uniform Fire Code, 1988 Edition, or such later edition as adopted by an ordinance of San Luis Obispo County. In areas where fire protection is provided by another official agency (e.g., a community services

district, etc.), new uses shall comply with such fire safety standards as required by the fire protection agency.

Seawalls, cliff retaining walls, revetments, breakwaters and groins and other shoreline protective devices are subject to the following requirements.

a.

Where allowed: Construction of shoreline structures that would substantially alter existing landforms shall be designed by a registered civil engineer or other qualified professional and shall be limited to projects necessary for:

(1)

Protection of existing coastal development, consisting only of the principal structure and not including accessory structures such as garages, decks, steps, eaves, landscaping, etc. No shoreline protection device shall be allowed for the sole purpose of protecting accessory structure(s); or

(2)

Protection of public beaches and recreation areas in danger of erosion;

(3)

Coastal dependent uses; or

(4)

Existing public roadway facilities to public beaches and recreation areas where no alternative routes are feasible.

b.

Permit requirement. Minor Use Permit, unless a Development Plan is otherwise required by Chapters 23.03 or 23.08 of this title or planning area standards of the Land Use Element for the proposed use of the site. Structures located below mean high tide line or within the Coastal Commission's original permit authority may also require a permit from the California Coastal Commission.

c.

Required findings. In order to approve a land use permit for a shoreline structure, the Planning Director or other applicable review body shall first find that the structure is designed and sited to:

(1)

Eliminate or mitigate adverse impacts on the local shoreline sand supply as determined by a registered civil engineer or other qualified professional; and

(2)

Not preclude public access to and along the coast where an accessway is consistent with the provisions of Section 23.04.420 (Coastal Access Required); and

(3)

Be visually compatible with adjacent structures and natural features to the maximum extent feasible; and

(4)

Minimize erosion impacts on adjacent properties that may be caused by the structure; and

(5)

Not adversely impact fish and wildlife; and

(6)

That non-structural methods of protection (artificial sand nourishment or replacement) have been proven to be impractical or infeasible.

[Amended 2004, Ord. 2999]

The following sections establish standards for site access and street frontage improvements required with development projects authorized by a land use permit. These standards are organized into the following sections:

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

a.

Minimum site access. No land use or construction permit shall be approved for any site unless the site has legal access and all-weather physical access to a public road; except that all-weather physical access may be provided prior to final building inspection or prior to occupancy where allowed by Section 19.04.042 (Occupancy or use of an incomplete structure).

b.

Site access location. The provisions of this subsection apply only to land uses that are required to have six or more parking spaces. Land use permit approval shall not be granted to a proposed use unless at least one driveway serving the use is located on the type of street specified by this section. These requirements are based on the traffic volume and turnover rate generated by a new land use, determined by the number

of parking spaces required and the intensity of use of the parking lot (see Section 23.04.162 - Off-Street Parking Required, or Chapter 23.08 for a special use).

(1)

Required street type: At least one vehicle access driveway shall be located on any street with a capacity equal to or greater than the minimum specified by the following table. These standards do not apply to a parking lot that is a principal use (see Section 23.08.286 - Vehicle Storage).

(2)

Alternative street types: Driveway access locations other than those required by subsection b(1) above are allowable subject to Minor Use Permit approval, provided that the Zoning Administrator first finds that the alternate location will not result in traffic congestion or traffic volumes inappropriate or substantially detrimental to the site vicinity. Where a Development Plan is otherwise required, the approval can be granted by the Approval Body through the Development Plan subject to the same required finding.

Notes:

1.

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

2.

The number of proposed spaces in the parking lot.

3.

Parking lot turnover is determined by Section 23.04.166 (Off-Street Parking Required), for the specific land use.

4.

For the purposes of this section, collector streets include freeway frontage roads that extend between two collectors, between two freeway access points (which must include access and egress for both freeway

directions), or a combination of the two situations.

5.

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

6.

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

c.

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

(1)

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

(2)

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

(3)

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

d.

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

(1)

Driveway width. The width of a driveway, as defined in Chapter 22.11 (Definitions - Driveway), providing access to a building site(s) or a parking area from the public street or between separate parking areas on a site shall be a minimum width of 10 feet and shall also provide a fuel modification area, as defined by Chapter 23.11 (Definitions - Fuel Modification Area), where applicable.

(2)

Exception to width standard. In high or very high fire hazard severity zones, the following standards will apply:

a.

Required Driveway Width in Feet.

Notes:

1.

The driveway shall provide for a fuel modification area as defined in Chapter 23.11 (Definitions - Fuel Modification Area).

2.

A turnout, as defined in Chapter 23.11 (Definitions - Turnout), shall be provided near the midpoint.

3.

For driveways exceeding 300 feet a turnaround, as defined in Chapter 23.11 (Definitions - Turnaround), shall be provided at the building site and must be within 50 feet of the dwelling. For driveways exceeding 800 feet, turnouts shall be provided no more than 400 feet apart.

(3)

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

Notes:

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

2.

A driveway with a grade greater than 16 percent and less than 20 percent may be authorized through an adjustment as set forth in Section 23.05.104f (Adjustment). An adjustment may also be requested for a driveway that exceeds 20 percent grade and is designed by a Registered Civil Engineer.

e.

Road design and construction. Proposed roads or extensions of existing roads, as defined in Chapter 23.11 (Definitions - Road), not associated with the approval of a subdivision application shall be designed and constructed as follows:

(1)

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

Notes:

1.

The road shall also provide for a fuel modification area as defined in Chapter 23.11 (Definitions - Fuel Modification Area).

2.

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

(2)

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

Notes:

1.

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

2.

A road with a grade greater than 16 percent and less than 20 percent may be authorized through an adjustment as set forth in Section 23.05.104f (Adjustment). An adjustment may also be requested for a road that exceeds 20 percent grade and is designed by a Registered Civil Engineer.

f.

Adjustments. An adjustment to the standards of Section 23.05.104d or e may be granted where proposed by the applicant and mitigated practices are approved by the fire inspection authority, where the mitigation provides for the ability to apply the same degree of accepted fire suppression strategies and tactics and fire fighter safety as these regulations overall, towards providing a key point of defense from an approaching fire or defense against encroaching fire or escaping structure fires.

(1)

Application filing and processing. Requests for adjustment shall be filed with the fire inspection authority by the applicant or the applicant's representative in the form of an attachment to the project application. The request shall state the specific requirement for which an adjustment is being requested, material facts supporting the contention of the applicant, the details of the adjustment or mitigation proposed and a site plan showing the proposed location and siting of the adjustment or mitigation measure, where applicable. A request for adjustment shall be approved by the fire inspection authority when it has determined that the criteria for adjustment are satisfied as described in Section 23.05.104f.

(2)

Appeals. Where an adjustment is not granted by the fire inspection authority, the applicant may appeal such denial to the Fire Appeal Board as set forth in Title 16 of the county code. Decisions by the Fire Appeal Board may be appealed to the Planning Commission (Section 23.01.042).

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

a.

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

(1)

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

(2)

A new structure is moved on to a site (rather than constructed in place) where street frontage improvements would be required by subsection b. of this section.

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

b.

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

(1)

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

(2)

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

(3)

In all Industrial categories within an urban reserve line.

(4)

In new residential subdivisions, pursuant to Title 21 of the County Code.

c.

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

d.

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

(1)

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

(2)

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

(3)

Premature development:

(i)

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

(ii)

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

(iii)

The required improvements may be delayed when the County Engineer determines that they would be premature to the development of the area, because the proposed use is likely to be the ultimate development of the site, but the characteristics of ongoing development in the vicinity result in the County Engineer concluding that delaying the improvements would better support the orderly development of the area; in which case the applicant shall execute an agreement in accordance with Section 22.05.106g and construct the improvements within a period of one year or such other time established by the County Engineer.

(4)

Board of Supervisors modification: The requirement for curb, gutter and/or sidewalk improvement requirements may be waived, modified or delayed through approval of such by the Board of Supervisors

where it has been determined by the County Engineer and the Director of Planning and Building that a waiver cannot otherwise be granted through the exceptions defined in Sections 23.05.106d(1) through (3), and the Board of Supervisors finds that special circumstances exist including but not limited to, an unusual landscape feature, a specific valuation inequity or a property specific circumstance that would make construction of the required improvements ineffectual.

(5)

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

e.

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

(1)

Design standards:

(i)

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

(ii)

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

(iii)

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

(2)

Construction standards:

(i)

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

(ii)

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

(iii)

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

f.

Timing of installation: all required improvements to be completed as set forth in Section 23.02.044 (Project Completion), Section 23.02.048 (Occupancy with Incomplete Site Improvements) prior to occupancy, or Section 23.05.106g (Encroachment Permit Fee and Agreement Required).

g.

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

h.

Appeal: Any person aggrieved by the requirements of this section shall have the right of appeal to the Board of Supervisors in accordance with the procedure set forth in Section 23.01.042a of this title.

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

23.05.110 - Road and Bridge Design, Construction and Maintenance.

Roads and bridges shall be designed, constructed and maintained to protect sensitive resources (such as aquatic habitat and scenic vistas) and prime agricultural soils to the maximum extent feasible; to minimize terrain disturbance, vegetation removal and disturbance of natural drainage courses; to avoid the need for shoreline and streambank protective devices; and to provide for bikeways and trails, consistent with the Circulation Element of the Local Coastal Plan. In addition, the following measures shall be implemented:

a.

Contour slopes to blend in with adjacent natural topography.

b.

Replant graded areas with native non-invasive vegetation of local stock.

c.

Include pollution prevention procedures in the operation and maintenance of roads and bridges to reduce pollution of surface waters.

d.

Apply fertilizers and nutrients at rates that establish and maintain vegetation without causing nutrient runoff to surface waters.

e.

Give preference to aerial crossings of watercourses.

[Added 2004, Ord. 3048]

Utilities serving new development shall be installed underground rather than by the use of poles and overhead lines, and where applicable shall be installed in accordance with California Public Utilities Commission rules and regulation. This requirement applies to electrical service and telecommunications (including cable TV, telephone and data transmission) connections between utility company distribution lines and all proposed structures on a site, and all new installations that distribute utilities within a site. This requirement does not apply to the following:

a.

New structures on parcels of five acres or larger, or requiring uninterrupted utility runs of five hundred feet or more;

b.

Public utility distribution service to the edge of the lot, except in an underground utility district or where 75 percent of the lots on the street within 1,000 feet of the site area already developed, and have overhead service from the utility company distribution source to the residences ;

c.

Where underground installation may cause a substantial adverse environmental impact, as determined by the County Environmental Coordinator;

d.

Temporary overhead extensions for use during construction and/or for the purpose of testing the power supply.

This section may require an applicant to underground utilities from the utility company distribution source to the site, as well as on the site itself. The utility service provider should be contacted for information on the Public Utility Commission's rules and regulations regarding the undergrounding of utilities. Poles and overhead lines other than those allowed by this section are allowable subject to Minor Use Permit approval,

provided that the Review Authority first finds that either topographical, soil or similar physical conditions or the distance to the utility company distribution source make the use of underground utilities unreasonable or impractical.

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

In the event archeological resources are unearthed or discovered during any construction activities, the following standards apply:

a.

Construction activities shall cease, and the Environmental Coordinator and Planning Department shall be notified so that the extent and location of discovered materials may be recorded by a qualified archeologist, and disposition of artifacts may be accomplished in accordance with state and federal law.

b.

In the event archeological resources are found to include human remains, or in any other case when human remains are discovered during construction, the County Coroner is to be notified in addition to the Planning Department and Environmental Coordinator so that proper disposition may be accomplished.

Chapter 23.06 - OPERATIONAL STANDARDS