§ 23.08

The purpose of this chapter is to establish special additional standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if the uniform standards of Chapter 23.04 and all other standards of this title are met. Such uses are defined as "S" and "S-P" uses by Coastal Table O, Chapter 7, Part I of the Land Use Element. It is the intent of this chapter to establish appropriate standards for permit processing, and the location, design, and operation of special uses, to avoid their creating unanticipated problems or hazards, and to assure they will be consistent with the general plan.

[Amended 1989, Ord. 2383; 1992, Ord. 2591]

Standards in this chapter are related to the special characteristics of the uses discussed and unless otherwise noted, apply to developments in addition to all other applicable standards of this title, and all applicable planning area standards of the Land Use Element. Any land use subject to this chapter shall comply with the provisions of this chapter for the duration of the use.

a.

Conflicts with other provisions. In cases where the provisions of this chapter conflict with other applicable requirements of this title or the Land Use Element, the following rules apply:

(i)

If the standards of this chapter conflict with the provisions of Chapters 23.02, 23.03, 23.04, 23.05 or 23.06, these standards prevail, except as otherwise provided by Section 23.08.014.

(ii)

If a use is subject to more than one section of this chapter, the most restrictive standards apply.

(iii)

Where planning area standards (Part II of the Land Use Element or policies adopted as standards in the LCP Policies Document) conflict with the provisions of this chapter, the planning area standards or LCP Policies (as applicable) shall prevail.

b.

Exceptions to special use standards. The standards of this chapter may be waived or modified through Development Plan approval, except where otherwise provided by this chapter and except for standards relating to residential density or limitations on the duration of a use (unless specific provisions of this chapter allow their modification). Waiver or modification of standards shall be granted through Development Plan approval (Section 23.02.034) only where the Planning Commission first makes findings that:

(1)

Set forth the necessity for modification or waiver of standards by identifying the specific conditions of the site and/or vicinity which make standard unnecessary or ineffective.

(2)

Identify the specific standards of this chapter being waived or modified.

(3)

The project, including the proposed modifications to the standards of this chapter, will satisfy all mandatory findings required for Development Plan approval by Section 23.02.034c(4) of this title.

In no case, however, shall any standard of this chapter be reduced beyond the minimum standards of the other chapters of this title, except through Variance (Section 23.01.045).

[Amended 1989, Ord. 2383; 1995, Ord. 2715]

Any use of land identified as a Special ("S" or "S-P") Use by Coastal Table O, Part I of the Land Use Element shall be subject to the land use permit requirements established by this chapter unless specified otherwise in this chapter, or unless other permit requirements are set by applicable planning area (Part II of the Land Use Element), or combining designation standards (Chapter 23.07, Combining Designations).

Where Plot Plan approval is the land use permit required by this chapter and the proposed development is appealable to the Coastal Commission as provided by Section 23.01.043, Minor Use Permit approval (23.02.033) shall instead be required, except for accessory dwelling units.

[Amended 1989, Ord. 2383; 1992, Ord. 2591; 2006, Ord. 3098]

[Amended 2020, Ord. 3410]

Accessory uses are customarily incidental, related and subordinate to the main use of a lot or building and do not alter or change the character of the main use. The standards in the following sections apply to storage that is accessory to a principal use, and other accessory uses such as Home Occupations. (These uses are identified by Coastal Table O, Part I of the Land Use Element as S-16 uses). The special standards for accessory uses are organized into the following sections:

With the exception of dwellings in the Agriculture category (Section 23.08.167), an accessory use as defined in this chapter shall not be established unless a principal use has first been established on the site in accordance with all applicable provisions of this Title. An accessory structure shall not be constructed until after construction of a main building has been commenced.

[Amended 1992, Ord. 2591]

Where the principal building or use on a site is some use other than storage, and storage accessory to that use is also located on the site, the accessory storage is subject to the following standards (see also Section 23.08.146, Storage Yards). A land use permit is not required to establish accessory storage except when subsections a. through f. of this section require a permit for a specific type of storage, or the storage involves construction of a new structure or alteration of an existing structure.

a.

Building materials and equipment. Building materials and equipment being used in a construction project on the same or adjacent site may be stored on or adjacent to the construction site as long as a valid building permit is in effect for construction on the premises. Building materials and equipment include stockpiles of construction materials, tools, equipment, and building component assembly operations. When storage is proposed on a lot adjacent to the construction site, the land use permit application for the project is to also describe the storage site. Temporary storage of construction materials on a site not adjacent to the construction is subject to Section 23.08.244 (Temporary Construction Yards).

b.

Commercial vehicles. This subsection applies to the accessory storage and incidental parking of vehicles and/or self-propelled equipment used for shipping, delivery of freight and products or other purposes in support of a business. Storage means parking a vehicle longer than two consecutive nights. The storage of vehicles as a principal use is subject to the standards of Section 23.08.290 (Vehicle Storage).

(1)

Within a residential area, commercial vehicles other than a standard passenger car, pickup truck or van less than 20 feet in length, shall not be stored or parked for any time longer than necessary for a pickup or delivery at the site, except for moving vans which may be parked for a single night at a site in a residential area where the contents of a dwelling are being moved.

(2)

Commercial vehicles are to be stored in the Commercial Retail land use category in an enclosed building, screened parking or loading area, except as provided in items (3) and (4) below.

(3)

Commercial or agricultural vehicles may be stored in the Commercial Service and Industrial categories without regulation other than the standards of Section 23.04.160 (Parking).

(4)

Agricultural vehicles may be stored outdoors in Commercial, Recreational and Residential categories when agricultural activities occur on site, and only within the buildable area of a site with a gross area of five acres or more. (This requirement does not apply to farm vehicle dealerships.) The storage of agricultural vehicles in the Agriculture and Rural Lands categories is unrestricted.

c.

Non-commercial and inoperative vehicles. The storage or keeping of operative non-commercial and inoperative vehicles is subject to the following, in addition to Chapter 8.24 of the County Code (Inoperative Vehicles). Storage means parking a vehicle longer than two consecutive nights. Nothing in this title shall be construed as preventing the abatement of an inoperative vehicle which is found to be a nuisance pursuant to Chapter 8.24.

(1)

Vehicles under commercial repair. The repair of vehicles is allowed only in the Commercial or Industrial categories as provided by the Land Use Element, except for repair of a personal vehicle by the vehicle owner, on a site owned or rented by the vehicle owner. The storage of inoperative vehicles in a Commercial or Industrial category for the purposes of repair, alteration, painting, impoundment or temporary storage by a towing service is subject to Section 23.08.222 (Auto and Vehicle Repair and Services).

(2)

Wrecked and abandoned vehicle dismantling or storage. Any area greater than 300 square feet used for the dismantling of inoperative vehicles, or for the storage of wrecked or abandoned vehicles not being

dismantled or repaired, is subject to Section 23.08.097 (Recycling and Scrap).

(3)

Automobiles stored accessory to a residential use. The storage of operative or inoperative vehicles accessory to a residential use for the purposes of maintaining a personal collection, or for personal repair, alteration, restoration or painting for hobby or other personal use is limited to two vehicles when stored outdoors, with a maximum storage area of 300 square feet. Such storage may be located only where it is not visible from the public street. Storage of such vehicles within an approved accessory building (Section 23.08.032c) is not subject to limitation on the number of vehicles.

d.

Fuel and explosives. See Section 23.06.120 (Toxic and Hazardous Materials).

e.

Recreational vehicles and RV equipment. The accessory storage of recreational vehicles (RVs) or dependent trailers, RV equipment (camper shells, etc.) airplanes, boats, or parts of such vehicles is subject to the following standards (the storage of such vehicles as a principal or commercial use is subject to Section 23.08.290 (Vehicle Storage); the storage of Mobilehomes is subject to Section 23.08.163f):

(1)

Number of vehicles allowed. The number of RVs that may be stored accessory to a residential use is as follows:

(i)

Recreation, Residential, Office and Professional, Commercial, and Industrial categories: One self-propelled highway vehicle (e.g. a motorhome or camper) or one trailer or other dependent vehicle may be stored outdoors on a site. There is no limitation on the number of RVs, RV equipment or other vehicles listed in this subsection when stored within a closed building.

(ii)

Rural Lands and Residential Rural Categories: No more than 10 RVs may be stored when such vehicles are the personal property of residents of the site.

(2)

Location of storage. Recreational vehicles are not to be stored in the required front setback area, except for one self-propelled highway vehicle in the driveway. (Vehicles parked on public streets are regulated by Section 15.64.010 (Time Limits) of this Code.)

(3)

Use. Stored vehicles are to be solely for the personal use of the property owner or residents of the site intended for accessory storage. Recreational vehicles are not to be used for living, sleeping or housekeeping purposes when stored on a residential lot, or in any location not approved for such use.

(4)

Residential project group storage. Planned development, mobile home park or multi-family residential projects may include an area set aside for group RV storage for project residents subject to authorization granted as part of the approval of the overall project, or the same type of permit required for the overall project if the storage area is in addition to a previously approved project. Such storage areas shall include no more than one storage space per residential unit in the project and shall comply with the site design standards of Section 23.08.164e. Such storage areas shall not be made available to or used by persons who do not reside in the residential project.

f.

Stockpiled materials, scrap and junk. The storage of miscellaneous materials, articles, equipment, scrap or junk in support of ongoing work and projects or accessory to another use is subject to the following requirements. The storage of scrap and junk as a principal use is subject to the standards of Section 23.08.097 (Recycling and Scrap).

(1)

Area occupied by stored materials. Shall be limited to a maximum area as follows, based upon the size of the parcel where the storage is located, except that where such storage is entirely within a single building, no area limitation shall apply:

Stored materials may occupy an area larger than allowed by this subsection if the method of storage complies instead with the provisions of Section 23.08.146 of this chapter (Storage Yards) and the site is within a land use category where storage yards are allowable.

(2)

Maximum height of materials stored outdoors. Five feet.

(3)

Fencing required. The accessory storage outdoors of scrap, junk or miscellaneous materials pursuant to this section shall be enclosed within a six-foot high solid wood or masonry fence. This requirement may be waived through adjustment (Section 23.01.044) where the Planning Director determines that the proposed storage area is not visible from the public road or any adjoining parcel, and that the size of the storage area is in compliance with subsection f(1) of this section. The outdoor storage of neatly-stacked, cut firewood for on-site domestic use only is not required to be fenced.

(4)

Location of storage. Stored materials shall not be located within required front setback areas; or within required side setback areas within a Residential land use category.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

An accessory use of a dwelling unit for gainful employment involving the manufacture, provision, or sale of goods or services is subject to the standards of this section.

a.

Permit requirements. Zoning Clearance, except for garage sales (see Section 23.08.030 g(1) following) which require no land use permit, and are subject to business license clearance if required by the county tax collector.

b.

Appearance, visibility and location. The standards of this section determine what physical changes may occur in a dwelling unit to accommodate a home occupation, and where on a residential site a home occupation may be conducted.

(1)

Changes to the dwelling. The home occupation shall not change the residential character of the outside appearance of the building, either by the use of colors; materials; lighting; signs; or by the construction of accessory structures or garages visible from off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas.

(2)

Display of products. The display of home occupation products for sale, in a manner visible from the public street or adjoining properties is prohibited.

(3)

Outdoor activities. On sites of less than one acre the use shall be conducted entirely within a principal or accessory structure; except instructional activities that must be performed outdoors, and in the case of pottery or ceramics production, one relocatable kiln with a maximum interior volume of 36 cubic feet may be located in a rear yard when all other associated pottery or ceramics production activities (except pottery drying) occur indoors. Outdoor storage of materials related to the home occupation is allowed only on one acre or larger (except as otherwise provided by Section 23.08.024 - Accessory Storage), where such storage is to be screened from view of any public road or adjacent property.

(4)

Use of garage or accessory structure. The use of a garage or accessory structure is allowed subject to the size limitations of Section 23.08.032c and Section 23.08.032g (Residential Accessory Uses - garages and workshops, respectively), except that the conduct of the home occupation shall not preclude the use of the garage for vehicle parking on a daily basis. On sites of less than one acre, if a garage is used for a home occupation, the garage door shall not be left open in order to conduct the home occupation business.

c.

Area devoted to a home occupation. The home occupation shall be incidental and subordinate to the principal use of the site as a residence.

d.

Employees. No person other than members of the household residing on the premises may be employed and working on the site.

e.

Hours of operation. Hours of operation are unrestricted except that home occupations which generate sounds audible from off-site shall be limited to the hours from 7 a.m. to 10 p.m., provided that such home occupation complies with the standards of Section 23.06.040 (Operational Standards - Noise).

f.

Limits on the kinds of home occupations allowable. Subject to the rest of this section, allowable home occupations consist of:

(1)

Office-type or personal services (including personal instruction such as music lessons and counseling services) that do not involve the presence of more than one client vehicle at any time; and other services (e.g. repair, maintenance, etc.) that are performed on the premises of a client.

(2)

Handcraft or artwork production, including but not limited to pottery and ceramics, artistic glass or metalwork, electronic components, woodcarving and woodworking (except for mass-production operations such as cabinet shops), antique furniture restoration, painting and photography.

(3)

The personal sale of cosmetics, personal or household products (except appliances), when such sales occur on the premises of the purchaser, provided that wholesale sales may occur pursuant to subsection g of this section.

(4)

Offices for off-site businesses (e.g. contractors, etc.) where the home site is used for phone answering and bookkeeping only, and there is no on-site storage of materials or equipment related to the business.

Provided that no home occupation is to involve on-site use of equipment requiring more than standard household electrical current at 110 or 220 volts or that produces noise (see Section 23.06.040 - Exterior Noise Standards), dust, odor or vibration detrimental to occupants of adjoining dwellings.

g.

Sale of products. On-site retail sales of the products of a home occupation are prohibited, except:

(1)

Garage sales, or the sale of handcrafted items and artwork produced on-site are allowed not more than twice per year, for a maximum of two days per sale; and

(2)

Home distributors of cosmetics and personal or household products may supply other approved home occupation proprietors.

(3)

The sale of animals in conjunction with an animal keeping operation approved pursuant to Section 23.08.046, where such sales are also approved pursuant to Chapter 9.04 of this code (Animal Regulations).

h.

Signs. Signage shall be as provided by Section 23.04.300 through Section 23.04.314.

i.

Parking and traffic. Vehicles used and traffic generated by a home occupation shall not exceed the type of vehicles or traffic volume normally generated by a home in a residential neighborhood. All parking needs of the home occupation shall be met off the street. For purposes of this section, normal residential traffic volume means up to 10 trips per day. This subsection does not apply to garage or handcraft sales pursuant to subsection g(1).

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

[2020, Ord. 3421]

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

The standards of this section apply to the specific types of accessory structures listed. Residential accessory structures for the keeping of animals are subject to Section 23.08.046 (Animal Raising and Keeping).

a.

Permit requirement. Plot Plan approval, unless the accessory structure is included among the structures authorized by the land use permit for the principal residential use, or where another permit requirement is

specified by this section.

b.

Antennas. Antennas (including dish antennas) for non-commercial TV and radio transmitting and/or receiving are subject to the following standards:

(1)

Permit requirement. Zoning Clearance, except:

(i)

As provided in subsections b(2) or b(3) of this section or antennas of excess height or in particular locations; and

(ii)

For surface-broadcast television receiving antennas, which require no land use permit, but are still subject to the other provisions of this section.

The land use permit requirements of this section are in addition to any construction permits required by Title 19 of this code.

(2)

Height limit. Antennas shall be no higher than 10 feet above the height of the tallest building on the site, except that:

(i)

A height of up to 50 feet may be authorized by Minor Use Permit; and

(ii)

Antennas higher than 50 feet may be authorized through Development Plan approval;

Provided that the approval body first finds that no broadcast reception is possible unless the antenna is higher than 10 feet above the building, and that the antenna at the approved height will not result in detrimental effects on the enjoyment and use of adjoining properties.

(3)

Limitation on location. In order to minimize the visual impact of antennas and their supporting structures on residential neighborhoods and community commercial areas, antennas shall be placed in locations consistent with the following provisions:

(i)

Setbacks. Antennas shall not be located within required setback areas (Section 23.04.100 et seq.), except that placement in a side or rear setback may be authorized by Minor Use Permit if the approval body first

finds that:

(a)

No broadcast reception is possible in another allowed location; and

(b)

The approved location of the antenna will not result in detrimental effects on the enjoyment and use of adjoining properties.

Specific setbacks for antennas higher than 10 feet above the building shall be determined through Minor Use Permit or Development Plan approval, as applicable.

(ii)

Roof installation. Antennas shall not be placed on the roof of a building unless they are located on the half of the roof furthest away from any abutting street, or:

(a)

Other location on the roof determined by the Planning Director to not be visible from public streets or adjoining properties; or

(b)

Another location on the roof authorized through Minor Use Permit approval, subject to the findings in subsections b(3)(i)(a) and (b) of this section.

(iii)

North Coast Planning Area. North of Pico Creek, dish antennas and broadcast towers shall be located so that they will not be seen from State Highway Route 1.

c.

Garages: A detached accessory garage shall not occupy more than 1,000 square feet in area per dwelling unit, unless authorized by Minor Use Permit. The size of an accessory garage attached by a common wall to a dwelling is not limited, except as may be required by the Uniform Building Code. Workshop or storage space within a garage is included in determining conformance with this standard.

d.

Greenhouses. An accessory greenhouse may occupy up to 500 square feet per dwelling unit or 10% of the site, whichever is smaller. Larger greenhouses are subject to Section 23.08.054 (Nursery Specialties) where allowed by the Land Use Element.

e.

Guesthouses / Home Office: A guesthouse (sleeping/home office facilities without indoor connection to the living area of a principal residence) may be established as a use accessory to a residence as follows:

(1)

Limitation on use:

(i)

A guesthouse may contain living area, a maximum of two bedrooms and one bathroom. A living area may include a wet bar, but such facility shall be limited to a single sink and an under-counter refrigerator, and shall not be located in a separate room. A guesthouse shall not be designed to contain or accommodate cooking or laundry facilities, and shall not be used for residential occupancy independent from the principal residence or as a dwelling unit for rental.

A home office may contain the same facilities as a guesthouse. This includes the restriction on containing or designing to accommodate cooking or laundry facilities separate from the principal residence. The home office shall not be used for residential occupation independent from the principal residence or as a dwelling unit for rental.

(ii)

A guesthouse/home office shall not be allowed on any site containing an accessory dwelling established pursuant to Section 23.08.169 of this title.

(iii)

A guesthouse/home office in the Residential Multi-Family land use category shall satisfy the residential density provisions of Section 23.04.084 (Multi-Family Dwellings).

(iv)

A guesthouse/home office shall not be provided an electric meter separate from the principal residence.

(2)

Permit requirement: Plot Plan approval.

(3)

Location: A guesthouse shall not be located more than 50 feet from the principal residence, or as otherwise approved through a Minor Use Permit, and shall not be located within any required setback area (see Section 23.04.100 - Setbacks).

(4)

Floor area limitation. The maximum floor area allowed for a guesthouse is 40 percent of the habitable floor area of the main residence, up to a maximum of 600 square feet.

f.

Swimming pools. Including hot tubs, spas, and related equipment, may be located within any required side or rear setback, provided that they are no closer than 18 inches to a property line, and provided that they

are fenced as required by Section 23.04.190a(5) (Screening and Fencing).

g.

Workshops or studios. Any accessory structure intended solely or primarily for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. is subject to the following standards when located in a residential category.

(1)

Limits on use. An accessory structure may be constructed or used as a workshop or studio in any residential category solely for non-commercial hobbies or amusements; for maintenance of the principal structure or yards; for artistic endeavors such as painting, photography or sculpture; maintenance or mechanical work on vehicles owned or operated by the occupants; or for other similar purposes. Any use of accessory workshops for any commercial activity shall meet the standards for Home Occupations (Section 23.08.030).

(2)

Floor area. A workshop is not to occupy an area greater than 40 percent of the floor area of the principal structure; except where a workshop is combined with a garage, subsection c. of this section applies.

[Amended 1989, Ord. 2383; 1992, Ord. 2591; 1995, Ord. 2740; 2004, Ord. 3001]

[Amended 2020, Ord. 3410]

23.08.040 - Agricultural Uses - Specialized (S-3).

Specialized agricultural uses other than crop production which are identified as allowable S-3 uses (see Table O, Part I of the Land Use Element), are subject to the provisions of the following sections:

23.08.041 Agricultural Accessory Structures

23.08.042 Agricultural Processing Uses

23.08.045 Aquaculture

23.08.046 Animal Raising and Keeping

23.08.047 Industrial Hemp Cultivation

23.08.048 Farm Equipment and Supplies

23.08.050 Interim Agricultural Uses (S-18)

23.08.052 Specialized Animal Facilities

23.08.054 Nursery Specialties

23.08.056 Roadside Stands

[2020, Ord. 3415]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3415 on April 15, 2021]

a.

Limitation on use. It shall be unlawful and a violation of this code for any person to use any structure approved pursuant to this section as an agricultural accessory structure (e.g., a barn, shop, etc.) for residential purposes without first securing a land use permit for residential use and thereafter obtaining a construction permit. The construction permit shall be required for the entire structure if it was constructed as an exempt agricultural building pursuant to Land Use Ordinance Section 22.01.031f before the effective date of this title, and in any case for any changes to the structure proposed by the applicant and/or necessary to satisfy the requirements of Title 19 of this code ( Building and Construction Ordinance) for a dwelling.

b.

Limitation on location - Prime soils. Any agricultural accessory structure shall also satisfy the requirements of Section 23.08.167 for the location of dwellings on prime soils, in addition to all other applicable provisions of this section and this title.

c.

Permit requirement. Zoning Clearance.

d.

Timing. Where a parcel proposed as the site of an agricultural accessory structure is less than 10 acres, an agricultural accessory structure is to be established only after a principal use has first been established on the site.

e.

Minimum site area. An agricultural accessory structure is not to be established on a lot with an area less than one acre.

f.

Front setback. 50 feet, unless a greater setback is otherwise required by Section 1108(b) of Appendix Chapter 11 of the Uniform Building Code.

g.

Side and rear setbacks. 30 feet, unless a greater setback is otherwise required by Section 1108(b) of Appendix Chapter 11 of the UBC, but no closer than 100 feet to any dwelling outside the ownership of the applicant.

[Amended 1989, Ord. 2383; 1992, Ord. 2591; 1995, Ord. 2715]

Agricultural processing activities as defined by the Land Use Element, including, but not limited to, packing and processing plants and fertilizer plants, are allowable subject to the following:

a.

General permit requirements. The permit requirement for an agricultural processing use is determined by Section 23.03.042, Table 3-A (Permit Requirements, for Manufacturing & Processing uses), unless the permit requirement is set by the standards for specific uses in subsection d of this section.

b.

Application content. Applications for agricultural processing uses within an urban or village reserve line, are to include a description of all processes and equipment proposed for use on the site, and a description of measures proposed to minimize the off-site effects of dust, odor or noise generated by the proposed operation. Such information is to be provided in addition to that specified in Chapter 23.02 (Permit Applications), in order to evaluate the conformity of a proposed use with the standards of Chapter 23.06 (Operational Standards).

c.

Minimum site area. No minimum required.

d.

Standards for specific uses.

(1)

Fertilizer plants. The following are minimum requirements to enable consideration of a specific proposal. Greater separation between fertilizer plants and other uses may be required through land use permit approval.

(i)

Permit requirement. Development Plan approval is required for facilities engaged in the processing and packing of animal-produced fertilizers in the Agriculture, Rural Lands, Residential Rural and Commercial Service categories.

(ii)

Location. No closer than one-half mile from any residential category located within an urban or village reserve line; and no closer than 400 feet to any residence outside the ownership of the applicant.

(iii)

Setbacks. 200 feet from each property line.

(2)

Wineries.

(i)

Permit requirements. As provided by Sections 23.03.040 et seq. (Permit Requirements - Industrial Uses), provided that Minor Use Permit approval is required where on-site public tours, tasting or retail sales are provided.

(ii)

Access location. The principal access driveway to a winery with public tours, tasting or retail sales is to be located on or within one mile of an arterial or collector.

(iii)

Solid waste disposal. Pomace may be used as fertilizer or soil amendment, provided that such use or other disposal shall occur in accordance with applicable Health Department standards.

(iv)

Liquid waste disposal. Standards will be set, where applicable, through Regional Water Quality Control Board discharge requirements developed pursuant to Section 23.06.100 (Water Quality).

(v)

Setbacks. 100 ft. from each property line in rural areas; as required by Sections 23.04.100 et seq. in urban areas.

(vii)

Signing. As provided by Sections 23.04.306b(1) and 23.04.310 of this title.

(3)

Commercial composting. These standards apply to the establishment of a commercial composting operation in addition to any applicable standards or permits that may be required from the California Integrated Waste Management Board or the County Environmental Health Department.

(i)

Permit requirement. Minor Use Permit, unless Table 3-4 would set a higher permit level.

(ii)

Minimum site area. Five acres.

(iii)

Parking requirement. None, provided that sufficient usable area is available to permanently accommodate all employee and user parking needs entirely on-site. Parking areas shall be located no closer than 100 feet from each property line.

(iv)

Setbacks. Outdoor use areas and structures shall be 200 feet from each property line, and no closer than 500 feet to any residence outside the ownership of the applicant.

(4)

Industrial Hemp Processing. For the purposes of this section the processing of industrial hemp is limited solely to drying, curing, trimming, packaging and preparing for further processing within a permanent building (not a hoop house or similar non-permanent structure). The harvesting of industrial hemp grown onsite that is performed in the field with mobile equipment not involving permanent buildings, hoop houses, or trailers is included under Crop Production and Grazing and subject to the standards set forth under 23.08.047. Industrial hemp processing does not include cannabinoid extraction and infusion and manufacturing of finished products. Extraction of cannabinoids from industrial hemp is considered Chemical Manufacturing. Manufacturing of finished hemp products are classified under existing Industry, Manufacturing, and Processing uses according to their end product and scale of operations. For example and not limitation, manufacturing of CBD infused chemical products would be considered Chemical Manufacturing, hemp cloth manufacturing would be classified as textile products and Manufacturing of CBD infused food and beverage products, once allowed under state law, would be included under Food and Beverage products.

(i)

Location. Industrial hemp processing is only allowed in the Agriculture (AG), Rural Lands (RL), Commercial Service (CS), Residential Rural (RR), and Industrial (IND) land use categories.

(ii)

Nuisance Odors. All Industrial hemp processing facilities shall be sited and/or operated in a manner that prevents hemp nuisance odors from being detected offsite. An odor management plan shall be submitted with the use permit application that demonstrates how nuisance odor will be controlled to be undetectable offsite.

(iii)

Design standards. In the Agriculture and Rural Lands land use categories, all new structures associated with onsite Industrial hemp processing shall have an exterior design style that is agricultural or residential in nature. Structures shall not use an exterior design style typically associated with large industrial facilities.

[Amended 1989, Ord. 2383; 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740]

[2020, Ord. 3415]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3415 on April 15, 2021]

23.08.045 - Aquaculture: The following standards apply to aquaculture uses.

a.

Permit requirement. Development Plan approval.

b.

Coastal access. Shall be provided as required by Section 23.04.420, including adequate provision for lateral beach access if channels or pipes cross potential accessways.

c.

Fencing and screening. The requirements of Section 23.04.190 (Fencing and Screening), apply to aquaculture in all land use categories where such uses are allowed. Where visible from a public road, such uses shall be located to minimize visual impact.

d.

Required standards.

(1)

Facilities shall be designed and located so as to be of an appearance compatible with natural surroundings.

(2)

Aboveground onshore facilities for aquaculture shall be screened from the view of public roads and adjoining parcels.

(3)

Intake and outfall lines shall be placed underground except where underground installation is not feasible, as in the case of salmon culture.

(4)

Facilities shall be sited and designed to prevent adverse impacts on agricultural land and environmentally sensitive habitats.

(5)

Natural vegetation buffer areas shall be maintained to protect riparian habits.

[Amended 1992, Ord. 2591]

The raising or keeping of animals as either an incidental or principal use shall comply with the requirements of this section, except for pet stores (which are included under the Land Use Element definition of General Merchandise Stores and are instead subject to the provisions of Chapters 23.03 (Permit Requirements) and 23.04 (Site Design Standards) of this title). Certain specialized structures and facilities for animals (including animal hospitals, kennels, feed lots, fowl, poultry, hog or horse ranches) may also be subject to the requirements of Sections 23.08.041 (Agricultural Accessory Structures) or 23.08.052 (Specialized Animal Facilities), as applicable.

a.

Purpose. It is the purpose of these regulations to limit under specified circumstances the number of animals allowed and the methods by which domestic, farm and exotic animals are kept on private property. It is the intent of this section to minimize potential adverse effects on adjoining property, the neighborhood and persons in the vicinity from the improper management of such animals. Such adverse effects include but are not limited to the propagation of flies and other disease vectors, dust, noise, offensive odors, soil erosion and sedimentation.

b.

Limitation on use. Animal raising or keeping is not allowed in the Residential Multi-Family, Office and Professional and Commercial land use categories except for:

(1)

The keeping of household pets in conjunction with an approved residential use; and

(2)

Specialized Animal Facilities allowed pursuant to Section 23.08.052; and

(3)

Interim Agricultural Uses pursuant to Section 23.08.050.

c.

Permits and applications.

(1)

Permit requirements. None, except as otherwise set forth in subsection f. of this section for specific types of animals, or as required by other provisions of this code for structures used to enclose or house animals; however, a Minor Use Permit shall be required for development within Sensitive Resource Areas for all new animal raising and keeping activities or facilities, except where such activities or facilities are associated with the production of agricultural products (as defined by Section 23.11.030 of this title). All animal raising activities in the unincorporated areas of San Luis Obispo County are subject to the requirements of this section regardless of whether a permit is required.

(2)

Application content. Where this section requires land use permit approval for a specific animal raising activity, the permit application shall include the following, in addition to all information required by Sections 23.02.030 (Plot Plan) et seq. of this title:

(i)

Site drainage patterns and a statement of measures proposed by the applicant to avoid soil erosion and sedimentation caused by the keeping of animals.

(ii)

The applicant's plans for animal waste disposal including plans showing measures to confine runoff, adequate capacities to allow for proper wastewater disposal, and measures to prevent seepage to groundwater.

(iii)

Where the site is located within or adjacent to a Residential or Recreation category, a statement of other measures proposed by the applicant for the management of the site and proposed animals to insure that the animals will not become a nuisance to other residents in the vicinity of the site.

d.

Site requirements. Animal raising and keeping pursuant to this section shall occur only on sites which satisfy the following standards, except for the keeping of household pets as set forth in subsection f(10) of this section:

(1)

Minimum site area. One acre, unless otherwise provided in subsection f. of this section for a specific animal raising activity.

(2)

Setbacks required.

(i)

Buildings. Livestock and poultry buildings, barns, stables or other accessory buildings related to the animal raising activity are subject to the setback and other applicable provisions of Section 23.08.041 (Agricultural Accessory Structures), except as otherwise provided in subsection f. of this section.

(ii)

Outdoor animal enclosures. Corrals, paddocks, pens and other outdoor animal enclosures shall be located as required by the following setbacks:

(a)

Setback from adjoining residential use. Animal enclosures shall be located at least 50 feet from any previously existing dwelling, swimming pool, patio or other living area on property other than the site.

(b)

Setback from streets. As required by Sections 23.04.108 and 23.04.110, animal enclosures shall be located a minimum of 25 feet from a front property line and 10 feet from a street side property line; except that no such set-backs are required in the Agriculture, Rural Lands and Open Space categories, or in the Residential Rural or Suburban categories outside of urban or village areas.

(c)

Setback for specific animals. Where subsection f. of this section requires a specific setback for a particular animal species, the subsection f. setback shall prevail.

e.

Maintenance and operational standards.

(1)

Odor and vector control. All animal enclosures, including but not limited to pens, coops, cages and feed areas shall be maintained free from litter, garbage and the accumulation of manure, so as to discourage the proliferation of flies, other disease vectors and offensive odors. Sites shall be maintained in a neat and sanitary manner.

(2)

Erosion and sedimentation control. In no case shall an animal keeping operation be managed or maintained so as to produce sedimentation or polluted runoff on any public road, adjoining property, or in any drainage channel. In the event such sedimentation occurs, the keeping of animals outdoors on the site shall be deemed a nuisance and may be subject to abatement as set forth in Chapter 23.10 of this title (Enforcement).

(3)

Noise control. Animal keeping within urban or village areas or in Residential land use categories shall comply with the noise standards established by Section 23.06.040c et seq. of this title.

f.

Specific animal standards. The following requirements apply to the keeping or raising of specific types of animals, in addition to all other applicable standards of this section. More than one type of animal may be kept on a single site, subject also to the provisions of subsection g. of this section. Where this subsection limits the number of animals allowed on a site, such limitations shall not apply to unweaned offspring.

(1)

Animal husbandry projects. Notwithstanding the other provisions of this section except the limitations on use in subsection b. and the maintenance and operational standards of subsection e., the keeping or raising of a calf, horse, goat, sheep, hog, chickens, rabbits, birds or other animals as a current and certified (or otherwise documented) 4-H or Future Farmers of America (FFA) official project is subject to the following standards:

(i)

Minimum site area: 6,000 square feet for small animals (rabbits, chickens, etc.); 12,000 square feet for small hoofed animals; one acre for horses or cattle.

(ii)

Enclosure required. On any parcel less than one acre, project animals shall be confined in a pen or fenced area that is located no closer than 25 feet to any residence other than that on the project site. Hogs shall not be located closer than 100 feet from any dwelling other than those on the project site.

(2)

Bee raising. Permit requirements and standards for bee raising activities shall be as specified by Chapter 5.04 of this code (Bees).

(3)

Birds. The following standards apply to the keeping of domestic or exotic birds other than poultry or game fowl, which are instead subject to subsection f(5) of this section:

(i)

Permit requirement. None for 20 or fewer birds; Minor Use Permit approval for more than 20 birds, or in any case where birds are being kept for commercial purposes. Applicants should be advised that the keeping of imported birds may also require approval by the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game, and/or California Department of Food and Agriculture, in addition to any approval required by this title.

(ii)

Minimum site area. None for 20 or fewer birds, 6,000 square feet for more than 20.

(4)

Cattle.

(i)

Animal density. The maximum number of animals allowed is one per acre of site area in the Residential Single Family category; two per acre in the Residential Suburban category; and three per acre in other categories; except as provided by subsection f(4)(ii) below. The keeping of cattle at four or more per acre for more than 45 days is considered a feedlot and is subject to Section 23.08.052b.

(ii)

Uses not regulated. Cattle operations in the Agriculture, Rural Lands and Open Space categories on parcels larger than 20 acres are not regulated by this title, except to the extent that land use or construction permits may be required for buildings and structures, and except for feedlots, which are subject to the requirements of Section 23.08.052c.

(5)

Fowl and poultry. The following standards apply to the keeping of fowl or poultry for personal domestic use and the keeping of 20 or fewer fowl or poultry for commercial purposes. The keeping of more than 20 fowl or poultry for commercial purposes is instead subject to Section 23.08.052d (Fowl and Poultry Ranches).

(i)

Limitation on use. No male fowl or poultry shall be kept or raised in a Residential Single Family category except on parcels of two acres or larger, where all adjacent parcels are of equivalent size or larger.

(ii)

Permit requirement. No permit required for 20 or fewer birds; Plot Plan approval for 21 to 99; Minor Use Permit for 100 or more.

(iii)

Minimum site area. Except as provided in subsection f(5)(i) above, no minimum site area is required where 20 or fewer fowl or poultry are kept; a minimum of one acre is required for more than 20.

(iv)

Enclosure required. All mature fowl and poultry shall be contained in coops or pens and not allowed free run of a site.

(v)

Animal density. Except where greater numbers are authorized through Minor Use Permit, the number of fowl or poultry allowed on a site shall be limited to a ratio of one mature animal for each 500 square feet of site area, except that 3,000 square feet per mature animal is required for turkeys.

(6)

Fur-bearing animals. The raising of mink, chinchillas or other animals of similar size are subject to the same standards as those required for rabbits by subsection f(11) of this section, and the following:

(i)

Setbacks. Enclosures for the keeping of animals shall be located no closer than 200 feet from any dwelling other than those on the site.

(ii)

Enclosure required. All carnivorous animals shall be contained in cages or pens, and not allowed free run of a site.

(7)

Goats and sheep (and animals of similar size at maturity). The maximum number of animals allowed in a land use category other than Agriculture and Rural Lands is four per acre of site area, unless Minor Use Permit approval is first obtained. Raising goats or sheep in the Agriculture or Rural Lands categories is not subject to the provisions of this title.

(8)

Hogs and swine.

(i)

Limitation on use. The raising or keeping of hogs and swine is prohibited in the Residential Single Family category, except as otherwise provided by subsection f(1) of this section.

(ii)

Permit requirement. None on sites of five acres or larger; Plot Plan approval on sites less than five acres.

(iii)

Minimum site area. 2-1/2 acres.

(iv)

Animal density. The maximum number of hogs or swine allowed is three sows, one boar and their unweaned litter. More animals constitute a hog ranch, and are subject to Section 23.08.052e (Hog Ranches).

(v)

Setbacks. Animal enclosures shall be located no closer than 100 feet from any dwelling other than those on the site.

(9)

Horses. The provisions of this subsection apply to the keeping of less than 30 of any member of the horse family, including but not limited to donkeys and mules. The keeping of 30 or more horses, or the establishment of equestrian facilities including boarding stables, riding schools and academies, and horse exhibition facilities, are subject to Section 23.08.052f. The keeping of horses for commercial purposes is also subject to the provisions of title 9 of the County Code.

(i)

Permit requirement.

(a)

Agriculture or Rural Lands. No permit required for the keeping of less than 30 horses in the Agriculture or Rural Lands categories on sites of 20 acres or larger.

(b)

Other land use categories, smaller sites. In other than the Agriculture and Rural Lands categories (and in those categories on parcels less than 20 acres), no permit required for one to 14 horses; Plot Plan approval for 15 to 29.

(ii)

Animal density - Residential Single Family. The maximum number of horses allowed is one per acre of site area in the Residential Single Family category.

(iii)

Animal density in other than Residential Single Family.

(a)

Residential Suburban category. Three horses per acre are allowed in the Residential Suburban category.

(b)

Parcels less than five acres. Three horses per acre may be kept on parcels less than five acres in allowed land use categories.

(c)

Other categories, larger parcels. Four horses per acre may be kept in allowed land use categories on parcels of five acres or larger.

The keeping of horses at greater densities or the keeping of more than 30 horses on a single site constitutes a horse ranch and is instead subject to Section 23.08.052f of this title.

(10)

Household pets. The keeping of common household pets, including but not limited to cats, dogs, and birds (when kept within the house), is not regulated by this title except when four or more dogs four months of age or older are kept, or four or more cats are kept for commercial purposes, in which case such animal raising or keeping is subject to Section 23.08.052g (Kennels) and any applicable provisions of Title 9 of this code (Animals).

(11)

Rabbits and rabbit farms. The raising or keeping of 20 or more rabbits or the raising and keeping of rabbits for commercial purposes is subject to the following standards. The raising or keeping of fewer than 20 rabbits not for commercial purposes is subject only to the requirements of subsections b. through e. of this section.

(i)

Permit requirement. No permit requirement in the Agriculture or Rural Lands land use categories or on parcels of five acres or larger; Plot Plan approval elsewhere or where the raising and keeping is for commercial purposes.

(ii)

Minimum site area. None required for fewer than 20 animals; one acre for 20 or more.

(iii)

Animal density. No more than 50 mature animals per acre; no limitation when pens are entirely within a building; no limitation in the Agriculture or Rural Lands categories on parcels of 20 acres or larger, or in the

Industrial category.

(12)

Worm farms. The raising of worms is allowed on parcels of 20,000 square feet or more, without permit approval.

(13)

Zoo animals. The raising or keeping of animals other than those specified in subsections f(1) through f(12) of this section that are common to zoos, are carnivorous, poisonous or are not native to North America are subject to the provisions of Section 23.08.052h, except that:

(i)

Where the subject animals have satisfied all applicable requirements of the U.S. Department of Agriculture, Fish and Wildlife Service, U.S. Department of Public Health, California Department of Fish and Game and the California Department of Food and Agriculture, the Planning Director may determine after consultation with appropriate zoological experts that a particular non-carnivorous, non-poisonous animal is substantially similar in its physical characteristics and/or potential effects on a site and persons in the vicinity to one of the animals listed in subsections f(2) through f(12) of this section.

(ii)

In such case, the raising or keeping of the particular exotic animal may be allowed subject to the specific provisions of subsections f(2) through f(12) identified by the Planning Director.

g.

Multiple animal types. More than one species of the animals listed in subsection f. of this section may be kept on a single site provided that:

(1)

The requirements of subsection f. and all other applicable provisions of this section are satisfied for each species, except as provided in following subsections g(2) and g(3).

(2)

Where subsection f. of this section establishes a minimum site area for specific species, the largest minimum site area applicable to any of the proposed animals shall apply.

(3)

Where multiple proposed animal species have equivalent animal density requirements established by subsection f., the total number of animals shall not exceed the density requirement. (e.g. Cattle and horses are both limited to a density of two per acre of site area in the Residential Rural land use category. A site with two acres of pasture could have as many as four horses or cows, or any combination of horses and cows, as long as the total did not exceed four.)

[Amended 1992, Ord. 2591; 2004, Ord. 3001]

23.08.047 - Industrial Hemp Cultivation.

a.

Limitation on use.

(1)

Industrial hemp cultivation (indoor and outdoor) may be allowed in the Agriculture (AG) and Rural Lands (RL)

(2)

Industrial hemp cultivation in Residential Rural (RR) land use categories is limited to indoor cultivation of industrial hemp transplants.

(3)

Outdoor industrial hemp cultivation is limited to sites of four-hundred (400) acres or larger. Indoor industrial hemp cultivation is limited to sites of five (5) acres or larger.

(4)

Outdoor industrial hemp cultivation in the Residential Rural (RR) land use category is prohibited.

b.

Permit Requirements. No permit required.

c.

Cultivation Standards.

(1)

Location Standards. The location standards in this Section shall be measured from the location of the proposed outdoor or indoor hemp cultivation to the nearest point of the existing sensitive use or area boundary. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

(i)

Outdoor Industrial Hemp. Outdoor industrial hemp cultivation shall not be located within two-thousand (2,000) feet from adjacent property lines and one-mile from Urban Reserve Lines (URL) and Village Reserve Lines (VRL). For any properties adjoining parcels located within the jurisdiction of another agency and the agency allows industrial hemp cultivation, the setback shall be the lesser of the setback set forth above or the setback required by the other agency. For any properties adjoining parcels located within the jurisdiction of another agency and the agency does not allow industrial hemp cultivation, the setback set forth above shall control.

(ii)

Indoor Industrial Hemp. Indoor industrial hemp cultivation shall be within a fully enclosed permitted building or greenhouse that has been setback as set forth in Section 22.30.060. In addition, indoor hemp cultivation shall be setback 100 feet from any existing offsite residences of separate ownership.

(iii)

All industrial hemp cultivation shall be setback at least 100 feet from the upland extent of riparian vegetation of any watercourse, and 100 feet from any wetland.

(2)

Nuisance Odors. All structures utilized for indoor hemp cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

(3)

State Industrial Hemp Registration. Applicants must satisfy the registration requirements specified in the California Food & Agricultural Code. Applicants must submit those registration materials to the Agricultural Commissioner in accordance with state laws and regulation. The registration materials must be accompanied by all required fees.

(4)

Industrial hemp cultivation is prohibited in hoop houses.

d.

Enforcement. The remedies provided by this Subsection are cumulative and in addition to any other remedies available at law or in equity.

(1)

Inspection. All industrial hemp operations in the unincorporated territory of San Luis Obispo County are subject to review and inspection, including crop and/or product testing by agents of the County of San Luis Obispo Sheriff's Department, Code Enforcement, and Department of Agriculture/Weight and Measures.

(2)

Violations. Any violation of County Code or state law related to industrial hemp constitutes a public nuisance and shall be subject to the enforcement procedures and provisions set forth in Section 23.08.420 et seq. and Chapter 23.10 of this Code and by any other means available by law. In the event any test of industrial hemp grown by an industrial hemp operation who holds a valid registration with the County Agricultural Commissioner's Office pursuant to Food and Agricultural Code section 81000 et seq. indicates a tetrahydrocannabinol (THC) content greater than that established under Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code, as they may be amended, that crop shall not constitute a violation of County Code so long as the remedial actions required or available under

state law are being followed by the registrant and verified by the County Agricultural Commissioner's Office in compliance with state law, and the operation otherwise complies with the standards of this Section.

[Added 2020, Ord. 3415]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3415 on April 15, 2021]

Retail establishments selling farm equipment and supplies as defined by the Land Use Element are allowable in the Agriculture, Rural Lands and Residential Rural Categories subject to the following:

a.

Permit requirement.

(1)

Hay and feed sales. The sale of hay and feed not grown on-site is allowable in the Agriculture and Rural Lands categories subject to Minor Use Permit approval; and in the Residential Rural category subject to Development Plan approval. When grown on-site in the Agriculture or Rural Lands categories, no permit is required. When grown on-site in the Residential Rural category, hay sales may be conducted with Plot Plan approval.

(2)

Products other than hay and feed. Farm equipment and supplies sales which offer more than hay and feed are subject to Development Plan approval.

b.

Location. Establishments selling hay grown on-site may be on a local road. Other farm equipment and supplies sales, and the sale of hay and feed not grown on-site are to be located on a collector or arterial.

c.

Minimum site area. None required.

d.

Setbacks. As set forth in Section 23.08.041 (Agricultural Accessory Structures).

e.

Parking. To be provided as set forth in Section 23.04.160, except that establishments selling hay and feed exclusively may provide parking in the form of an open yard adjacent to the sales activities, with an area equivalent to 400 square feet per space required. The dimensions of the overall area are to be sufficiently large to enable customer vehicles to turn around before exiting the site.

[Amended 1992, Ord. 2591]

This section applies to crop production and grazing activities identified as S-18 uses (See Coastal Table O, Part I of the Land Use Element), when located within an urban or village reserve line. This section does not apply to the keeping of animals for personal use, which is included under Section 23.08.046 (Animal Raising and Keeping).

a.

Crop production. The continuance or establishment of crop production activities on land within an urban or village reserve line is not limited by this title.

b.

Grazing. Grazing operations are not to be established within an urban or village reserve line after the effective date of this title, except in an Agriculture category, or a Residential Suburban category where such operations are in conformity with the provisions of Section 23.08.046 (Animal Raising and Keeping), or on sites of 20 acres or larger.

[Amended 1992, Ord. 2591]

Certain facilities and structures included under the definition of "Animal Raising and Keeping" in Section D, Chapter 7, Part I of the Land Use Element which are used in support of the raising or keeping of animals are also subject to the requirements of this section. These standards apply in addition to all applicable provisions of Title 3 (Food and Agriculture) and Title 17 (Public Health) of the California Administrative Code.

a.

General standards. All the specific uses addressed by subsections b. through g. of this section, and any other uses included under the definition of Specialized Animal Facilities by Coastal Table O, Part I of the Land Use Element, are subject to the following standards, and the provisions of Sections 23.08.046d and e., except where otherwise provided in subsections b. through g.

(1)

Permit requirement. Development Plan approval, except as otherwise provided in subsections b. through g. of this section.

(2)

Application content. Permit applications required by this section shall include all information specified by Sections 23.02.030 et seq. of this title, all information specified by Section 23.08.046c, and a description of measures proposed for rodent and vector control, which shall be approved by the Agricultural Commissioner and Health Department.

(3)

Conditions of approval. Approval of a Minor Use Permit or Development Plan for a specialized animal facility shall include such conditions as are necessary to assure sanitary operations which will not create a nuisance or health hazard.

(4)

Parking requirements. Except where specific parking requirements are set through Minor Use Permit or Development Plan approval, no improved parking is required, provided that sufficient usable area is made available to accommodate all employee and user vehicles entirely on the site.

(5)

Maintenance and operational standards. The Specialized Animal Facilities allowed pursuant to this section are subject to the same maintenance and operational standards as are applied by this title to animal raising and keeping by Section 23.08.046e, except where Minor Use Permit or Development Plan approval imposes conditions of approval that authorize alternative measures.

(6)

Animal Density. There is no limitation on the number of animals that may be kept on a site approved for a specialized animal facility pursuant to this section, except where limits may be set by the applicable approval body through conditions of approval, because of specific problems associated with keeping animals on the site that are identified through the land use permit process.

b.

Animal hospitals and veterinary medical facilities.

(1)

Limitation on use. Animal hospitals and veterinary medical facilities are not allowed in the Residential Suburban and Residential Single Family land use categories.

(2)

Permit requirement. As required by Chapter 23.03 of this title in the Office and Professional, Commercial Retail, Commercial Service, Industrial and Public Facilities categories; Minor Use Permit in other allowed categories, except Residential Rural, where Development Plan approval is required.

(3)

Minimum site area. 6,000 square feet in the Office and Professional, Commercial Retail, Commercial Service, Industrial and Public Facilities categories; one acre in other allowed categories.

(4)

Site requirements.

(i)

Setbacks. When located in the Agriculture, Rural Lands and Recreation categories, enclosures for the keeping of animals shall be located 100 feet from any dwelling other than those on the site. Setbacks in other allowed categories shall be provided as required by Sections 23.04.100 et seq. (Setbacks).

(ii)

Access. From a paved, publicly maintained road.

(iii)

Enclosure required. When located in an Office and Professional, Commercial Retail or Commercial Service category, all veterinary activities shall be conducted entirely within a building.

(5)

Operation.

(i)

Care and boarding shall be limited to small animals, and may not include cattle, horses, or swine, except in the Agriculture, Rural Lands, Commercial Service or Industrial categories.

(ii)

The premises shall be maintained in a clean and sanitary condition by the daily removal of waste and by the use of spray and disinfectants to prevent the accumulation of flies, the spread of disease or offensive odor. Waste incineration is prohibited.

c.

Beef and dairy feedlots. The keeping or raising of four or more cattle per acre (not including unweaned offspring) for a period exceeding 45 days is subject to the following standards:

(1)

Limitation on use. Beef and dairy feedlots may be allowed only within the Agriculture, Rural Lands and Industrial land use categories.

(2)

Minimum site area. 20 acres.

(3)

Location. A feedlot site shall be located so that cattle enclosures are: no closer than one mile from any Residential category located within an urban or village reserve line; and no closer than 400 feet from any dwelling other than those on the site.

(4)

Access. From an all-weather road or railroad spur.

(5)

Waste disposal. To be in accordance with discharge requirements established pursuant to Section 23.06.100 (Water Quality), and any requirements of the Health Department.

(6)

Additional notice. The public notice required for a hearing on a Development Plan by Section 23.01.060 shall include additional mailed notice to all owners of property located within 1,500 feet of the exterior boundaries of the site.

d.

Fowl and poultry ranches. The raising or keeping of more than 20 fowl or poultry for commercial purposes, or at densities greater than 500 square feet of site area per mature animal (or more than one turkey per 3000 square feet) is subject to the same standards that are required of beef and dairy feedlots by subsections c(4) through c(6) of this section and the following:

(1)

Limitation on use. Fowl and poultry ranches are not allowed within Recreation, Residential Single Family or Commercial land use categories.

(2)

Permit requirement. Minor Use Permit.

(3)

Minimum site area. Five acres.

e.

Hog ranches. The raising or keeping of more than three sows, a boar and their unweaned litter is subject to the same standards that are required of beef and dairy feedlots by subsection c. of this section, and the location requirement that a hog ranch shall be located no closer than one mile from any Residential category; and no closer than 1000 feet from any school, or dwelling other than those on the site.

f.

Horse ranches and other equestrian facilities. The keeping of 30 or more horses, or horses at greater densities than provided by Section 23.08.046f(9)(ii), or the establishment of equestrian facilities including boarding stables, riding schools and academies and horse exhibition facilities (for shows or other competitive events), is subject to the following standards:

(1)

Permit requirement. Minor Use Permit; except that Development Plan approval is required within the Residential Single Family category.

(2)

Minimum site area. 10 acres, except where a smaller site area is authorized through Development Plan approval.

g.

Kennels.

(1)

Limitation on use. Kennels in the Recreation, and Residential Single Family categories are limited to noncommercial kennels as defined by Section 9.04.110(t) of the County Code.

(2)

Permit requirement. As required by Chapter 23.03 of this title. In addition, licensing of all kennels by the county Tax Collector is required by Section 9.04.120 of this code.

(3)

Minimum site area. 2-1/2 acres in Residential Rural and Suburban categories; 6,000 square feet in the Office and Professional, Commercial, Industrial and Public Facilities categories; one acre in the Residential Single Family land use category.

(4)

Site design.

(i)

Setbacks. When located in the Residential Rural, Suburban and Single Family categories, enclosures for the keeping of animals shall be located 100 feet from any dwelling other than those on the site. Setbacks in the other allowed categories shall be as required by Section 23.04.100 (Setbacks).

(ii)

Access. None, where no on-site boarding or sale will occur. Where on-site boarding and sales will occur the following access standards apply:

(a)

When located in the Residential Suburban and Single-Family, Recreation, Office and Professional, Industrial, and Commercial Retail and Service land use categories, access is to be provided from a paved, publicly maintained road.

(b)

When located in the Agriculture, Rural Lands or Residential Rural land use categories, access is to be provided from a road improved with chip-seal or better that is maintained through organized maintenance such as a homeowner's association or a road maintenance agreement.

(iii)

Enclosure required. When located in an Office and Professional or Commercial category, all kennel activities shall be conducted entirely within a building.

(5)

Operation. Kennels are subject to the same operation standards as are required for animal hospitals by subsection b(5) of this section.

h.

Zoos. The raising or keeping of animals for public display or the private raising or keeping of zoo animals (pursuant to Section 23.08.046f(13) is subject to the following standards:

(1)

Limitation on use. Zoos may be allowed only in the Recreation or Public Facilities land use categories; the private keeping of zoo animals may be allowed in all land use categories where specialized animal facilities are allowed by the Land Use Element except Residential Suburban and Residential Single Family.

(2)

Permit requirement. Development Plan approval for zoos where animals are on public display; Minor Use Permit for the private raising or keeping of zoo animals.

[Amended 1992, Ord. 2591; 1995, Ord. 2740; 2004, Ord. 3001]

These standards apply to the production and sale of ornamental plants and other nursery products:

a.

Limitations on use.

(1)

Residential categories. Nursery specialty operation in the Residential Rural and Residential Suburban categories are limited to plant propagation, with no on-site retail sales except as provided by Sections 23.08.056 (Roadside Stands), and 23.08.142f (Seasonal sales). Greenhouses other than accessory greenhouses (Section 23.08.032d) are not allowed in the Residential Suburban category, unless authorized by Development Plan approval.

(2)

Commercial Retail category. Nursery specialty establishments within a Commercial Retail category are to be limited to retail sales. Outdoor sales areas of products other than plant materials in the Commercial Retail category shall be located behind commercial structures or at the rear of the lot. Outdoor retail sales

in other locations on the site where such sales area is consistent with surrounding retail development may be approved with the required Minor Use Permit.

b.

Limitations on location.

(1)

Greenhouses. No greenhouse shall be constructed where the natural slope exceeds 15 percent.

(2)

Retail sales. Nursery specialty operations engaging in retail sales in the Agriculture or Rural Lands categories shall be located on a collector or arterial road.

c.

Permit requirement.

(1)

Outdoor plant propagation. No permit required.

(2)

Greenhouses. Minor Use Permit approval, which shall be subject to the Review Authority being able to make the following findings regarding the proposed project:

(i)

The project has incorporated the following methods of water and energy conservation to the maximum extent feasible:

(a)

Recycling of irrigation water.

(b)

Use of drip irrigation systems.

(c)

Construction of small off stream water reservoirs for water use during summer months.

(d)

Passive solar or open ventilation systems.

(ii)

All significant adverse impacts have been identified and mitigated.

(3)

Retail sales.

(i)

Agriculture and Rural Lands categories. No permit required if no structures are proposed to house product displays or sales activities, and all products sold are produced on-site. Roadside stands are subject to Section 23.08.056. Permanent retail facilities require Development Plan approval.

(ii)

Commercial or Industrial categories. Minor Use Permit approval.

d.

Minimum site area.

(1)

Agriculture and Rural Lands. No minimum area.

(2)

Residential Rural and Residential Suburban categories. No minimum area for outdoor plant propagation; one acre for greenhouse facilities, except accessory greenhouses (see Section 23.08.032).

(3)

Commercial and Industrial categories. No minimum area.

e.

Setbacks. As required by Section 23.08.041 (Agricultural Accessory Structures) unless the Uniform Building Code would require a larger setback due to construction materials or except where located in a commercial land use category and entirely within a building that is not a greenhouse.

f.

Parking requirements.

(1)

Nurseries with retail sales. One parking space shall be provided for each 500 square feet of floor area and each 1,000 square feet of outdoor use area. Parking lot intensity is medium; loading bay intensity is low.

(2)

Nurseries without retail sales. None, provided that sufficient open area is provided to enable all employees, clients and wholesale customers to park all vehicles related to the use entirely on-site.

g.

Site design standards. The provisions of Sections 23.04.180 (Landscape, Screening and Fencing) through 23.04.190 (Fencing and Screening) are applicable to greenhouse projects located within or adjacent to urban and village reserve lines.

h.

Special standards - greenhouses that are not soil-dependent. Greenhouses growing plants that do not require placement in native, prime soil and may require the use of impervious flooring are also subject to the following standards:

(1)

The use of herbicides or soil sterilants under any paving is prohibited.

(2)

As part of any drainage plan required by Section 23.05.042 (Drainage Plan Required), a method of runoff impoundment shall be included that will limit runoff to predevelopment levels unless the applicant can demonstrate that increased runoff will not cause erosion or be otherwise detrimental to downstream property.

(3)

Run-off containing fertilizers or pesticides shall be stored on-site and shall not be released to any perennial or intermittent stream. Disposal of such run-off shall be in accordance with standards established by the U.S. Environmental Protection Agency and the California Regional Water Quality Control Board.

[Amended 1992, Ord. 2591; 1993, Ord. 2635; 1995, Ord. 2715; 2004, Ord. 3001]

These standards apply to the retail sale of agricultural products except hay, grain and feed, in open structures constructed for agricultural product merchandising. Hay, grain and feed sales are subject to Section 23.08.048 (Farm Equipment and Supplies). Sales from vehicles are subject to Section 23.08.142e (Sales from individual vehicles), seasonal sales are subject to Section 23.08.142f (Seasonal Sales). The standards in Section 23.08.056 apply in addition to all applicable permit requirements and standards of the County Health Department, and any other applicable Federal and State statutes or regulations. It is recommended that the County Health Department be contacted by the applicant as early as possible to determine if any additional standards apply.

a.

Limitation on use:

(1)

Residential Suburban categories: When temporary stands are located in the Residential Suburban categories, at least 50% of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other parcels owned or leased by the owner of the site on which the stand is located. Products from adjacent contiguous properties, not owned or leased by the owner of the site on which the stand is located, may make up the remaining 50%. Proof of ownership or lease of the subject parcel(s) shall be provided at the time of land use permit application submittal. The sale of other than agricultural products is not permitted. Permanent roadside stands are not allowable in the Residential Suburban category.

(2)

Agriculture, Rural Lands, Residential Rural or Recreation categories: At least 50% of all agricultural products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other parcels owned or leased by the owner of the site on which the stand is located. Proof of ownership or lease of the subject parcel(s) shall be provided at the time of land use permit application submittal. The sale of other than agricultural products is limited to agricultural-related items and packaged food, which are not to exceed 10% of all products for sale.

(3)

Temporary stands: A temporary roadside stand is a facility where retail sales are conducted for a period less than 120 days per year. A temporary stand that becomes vacant or unused for a period exceeding 60 days is to be entirely removed from the site, or authorized as a permanent stand, unless otherwise authorized by the land use permit approval. Re-establishment of a temporary stand previously authorized by a land use permit does not require a new permit, provided that all structures and parking areas are exactly as originally approved, and a building permit is obtained if required by the Building and Construction Ordinance (Title 19 of the County Code).

b.

Permit requirement:

(1)

Agriculture, Rural Lands, Residential Rural and Recreation categories: Zoning Clearance approval for a temporary stand, Minor Use Permit approval for a permanent stand.

(2)

Residential Suburban category: Minor Use Permit approval.

c.

Location: A roadside stand in a residential category is to have frontage on a collector or arterial road. A roadside stand in other than residential categories may be located on a local road or private easement.

d.

Sales area: To be limited to 500 square feet, which is to include the entire floor area of the structure, as well as any outdoor display area unless otherwise authorized by Minor Use Permit approval.

e.

Setbacks and parking:

Notes:

1.

Parking shall be located outside of the public road right-of-way.

2.

Except when parking is proposed in front of a stand.

3.

When parking is proposed in front of a stand to assure safe parking in front of or nearby the stand.

4.

If it is not possible to maintain 400 feet from a dwelling outside of the ownership of the applicant, an adjustment pursuant to Section 23.01.044 may be granted to reduce the setback to no less than 100 feet.

5.

Located in an off-street area accessed by a driveway a minimum of 18 feet wide. The parking area for a permanent stand is to be surfaced with crushed rock, chip seal or paving.

f.

Parking: Temporary stands are to provide three off-street spaces. Permanent stands are to provide five spaces, located in an off-street area accessed by a driveway a minimum of 18 feet wide. The parking area for a permanent stand is to be surfaced with crushed rock, chip seal or paving.

[Amended 1992, Ord. 2591; 1993, Ord. 2635; 1995, Ord. 2715; 2004, Ord. 3001]

Any use identified by the Land Use Element as an allowable, S-4 use (see Table O, Part I of the Land Use Element), is subject to the provisions of the following sections:

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

23.08.062 - Indoor Amusements and Recreation.

This section applies only to uses of this group that are specifically identified herein.

a.

Limitation on use - Office and Professional Category. Indoor amusement and recreation uses allowed in the Office and Professional land use category are limited to indoor facilities including gymnasiums, reducing salons, health and athletic clubs (including indoor sauna, spa or hot tub facilities), racquetball, handball and other similar indoor sports activities.

b.

General permit requirement. Minor Use Permit approval, except where otherwise provided in subsection c. for a specific use.

c.

Requirements for specific uses.

(1)

Electronic game arcades. These provisions apply to establishments containing five or more electronic games or coin-operated amusements; four or fewer are not considered as a land use separate from the primary use of the site.

(i)

Limitation on use. Arcades are allowable only in the Recreation and Commercial Retail land use categories.

(ii)

Location criteria. Arcades are to be at least 1,000 feet from any elementary or secondary school site and at least 200 feet from any Residential land use category.

(iii)

Building requirements. Arcades shall be located within a completely enclosed building, in space separate from other uses on the same site, so designed as to prevent excessive noise, glare or other offensive factor from affecting other uses in the immediate vicinity. The arcade shall be designed and arranged so that there is a management attendant within the arcade at all times. Adequate space shall be provided to allow the use of each machine and unimpaired access throughout the arcade without overcrowding.

(iv)

Parking. See Section 23.04.166c(3) of this Title.

(v)

Signs. Signage shall be as provided by Section 23.04.300 through Section 23.04.314.

(2)

Card rooms. These provisions apply to the establishment of card rooms. For the purposes of this section, a card room is defined as being an establishment only for the purposes of playing card games as authorized by state statutes and local ordinance.

(i)

Permit requirement. Development Plan approval.

(ii)

Limitation on use. Card rooms are limited to a maximum of four tables. A table, for the purposes of this section, is defined as serving no more than 10 seated customers at one time.

(iii)

Location criteria. Card rooms are to be located at least 300 feet from any parcel on which there is located any public library, public, private, or parochial school or preschool, church, city, district, county or state owned, operated and maintained public park, playground, beach or other facility and 200 feet from any land located within an Agriculture, Rural Lands or residential land use category.

(iv)

Measure of distances. The distances referenced above shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the card room to closest property line of the library, school, church, park, or Agriculture, Rural Lands or residential land use category.

(v)

Additional findings required. The Review Authority may approve, or conditionally approve a land use permit only if, in addition to the findings of fact required to be made by Section 23.02.034c(4) of this title, it makes the following findings of fact:

(a)

The proposed use will not be contrary to the public interest or injurious to nearby properties.

(b)

The establishment of the use will not be contrary to any program of neighborhood preservation nor will it interfere with any program of urban renewal.

(vi)

Exceptions. Alternatives to the location criteria of subsection c(2)(iii) of this section may be approved by the Planning Commission pursuant to Section 23.08.012. These standards are the only provisions of this section subject to such action.

[Amended 1992, Ord. 2591; Added 1995, Ord. 2715]

[2020, Ord. 3421]

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

a.

Permit requirement. Development Plan approval for new facilities, Minor Use Permit for expansion of existing facilities.

b.

Minimum site area. One acre for cemeteries; no minimum for a columbarium.

c.

Location. On a collector or arterial road.

d.

Site design standards.

(1)

Setbacks. All structures and burial plots are to be located no closer than 30 feet to any property line.

(2)

Site coverage. No more than five percent of a cemetery site may be occupied by buildings.

(3)

Landscaping. A 10-foot landscaping strip containing screening plant materials is to be provided adjacent to all exterior lot lines.

(4)

Interment facilities. All facilities for ground burial are to be designed and constructed in accordance with any requirements established by the Regional Water Quality Control Board (see Section 23.06.102 - Regional Water Quality Control Board Review).

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

Religious meeting facilities and related activities are subject to the following standards:

a.

Permit requirement. Development Plan approval.

b.

Location. Within an urban or village reserve line, church facilities and related activities shall be located on a road identified as a collector or arterial roadway by the Land Use Element, which shall be improved to collector or arterial standards as specified in the "San Luis Obispo County Standard Specifications and Drawings"; except that a church or related activity in the Office and Professional category may be on a local street. Church facilities and related activities may be located on local roads in the Residential Rural and Rural Lands categories outside of urban and village reserve lines.

c.

Minimum site area. 20,000 square feet.

[Amended 1992, Ord. 2591; 1995, Ord. 2688]

The establishment of a drive-in theater is subject to the following provisions. (The use of a drive-in theater for a swap meet or flea market is subject to Section 23.08.144 - Sales Lots and Swap Meets):

a.

Permit requirement. Development Plan approval.

b.

Location. To be on a collector, arterial, or frontage road, provided that no drive-in theater site is to be located within 1,000 feet of a residential category.

c.

Access. Entrance and exit driveways are to be located so that they are visible for at least 500 feet on the street where the driveways are located.

d.

Site design standards.

(1)

Setbacks. Theater projection screens and perimeter fencing are to be set back a minimum of 25 feet from any abutting street.

(2)

On-Site traffic control. Drive-in theaters are to be provided internal circulation and traffic control devices as follows:

(i)

Access separation. At least two access gates for the viewing area are to be provided, with one gate being available for emergency egress at all times.

(ii)

Stacking area. An area is to be provided for cars waiting to purchase tickets, which is entirely contained on site. The stacking area is to be large enough to accommodate a number of cars equal to 15% of the theater's capacity. One ticket gate or booth is to be provided for each 300 cars' capacity.

(iii)

Directional signing. Signs are to be provided to indicate entrance, exits and one-way driveways.

(3)

Projection screen orientation. Drive-in theater projection screens are to be oriented so that the screen face is not visible at an angle greater than 30 degrees from any street within 1,000 feet of the screen.

(4)

Screening. The parking/viewing area of a drive-in theater is to be screened with a 10-foot high solid wood, masonry, or non-reflective metal perimeter fence.

(5)

Landscaping. The 25-foot setback required by subsection d(1) of this section is to be landscaped. Landscaping is to include trees capable of exceeding 15 feet in height, to be located at 50-foot intervals adjacent to the perimeter fence. Such trees may be located, at the option of the applicant, inside or outside the perimeter fence.

(6)

Parking. Drive-in theaters are to provide one off-street parking space per employee.

(7)

Site surfacing. All areas used by vehicles are to be surfaced with chip-seal or better.

(8)

Drainage. Drainage facilities are to be provided pursuant to Section 23.05.040 (Storm Drainage), to enable temporary retention of storm water runoff on site.

(9)

Signing. A maximum aggregate area of 80 square feet of signing is allowed, including a marquee or reader board, not to exceed a height of 12 feet.

e.

Equipment - loudspeakers. Individual loudspeakers are to be provided for each car. There is to be no central loudspeaker; however, an outdoor speaker may be located at a snack bar if not operated at a sound level higher than 65db.

Where identified as allowable, S-4 uses by Framework for Planning in the Land Use Element and Local Coastal Program (See Table O, Part I of the LUE), commercial or public outdoor athletic facilities, amusement parks, public parks, recreation equipment rental are subject to the provisions of this section, provided that the only such uses allowed in the Commercial Retail land use category are public parks and recreation equipment rental and golf driving ranges. (Indoor athletic facilities are subject to Chapter 23.03 (Permit Requirements), Section 23.08.062 - (Indoor Amusements and Recreation) and other applicable provisions of this title other than those in this Section).

a.

Amusement parks. Outdoor commercial recreation and entertainment facilities including but not limited to theme parks, permanent carnival-type rides, miniature golf, skateboard parks, go-cart and miniature auto tracks are subject to the following.

(1)

Limitation on use. An amusement park is not to be located in a residential category.

(2)

Permit requirement. Development Plan approval.

(3)

Location. On a collector or arterial roadway; not closer than 1,000 feet to a residential category.

(4)

Minimum site area. One acre.

(5)

Site design standards.

(i)

Setbacks. All amusement park facilities are to be set back a minimum of 25 feet from street frontage property lines, and 10 feet from all interior lot lines.

(ii)

Landscaping. 25% of an amusement park site is to be landscaped, including all required setbacks which are to be provided with screening plant materials.

(iii)

Fencing. Amusement park sites are to be enclosed by a six foot high fence, which may be chain link, and which is to be located no closer to a street than the setback line.

b.

Outdoor athletic facilities. The standards of this subsection apply to commercial, public or membership participant athletic facilities operated as a principal use. These standards do not affect swimming pools, tennis courts or similar facilities when accessory to an individual residence or group of residences and not open to the public, or when accessory to a school.

(1)

Permit requirement. Minor Use Permit approval in the Recreation, Commercial Service, Commercial Retail and Public Facilities categories; Development Plan approval in residential categories.

(2)

Location. When proposed in a residential category, an outdoor athletic facility is to be located on a collector or arterial roadway. An outdoor athletic facility may be located on a local street in the Recreation, Commercial Service or Public Facilities categories.

(3)

Minimum site area. One acre, unless otherwise provided in subsection b(5) of this section for a specific facility.

(4)

Setbacks. The following setbacks apply to all athletic facilities approved under this section; except where such facilities are located adjacent to a lake or ocean coastline, the normal setbacks of Section 23.04.100 apply:

(5)

Specific use standards.

(i)

Golf driving ranges. Facilities for the stationary driving of golf balls to achieve maximum distance shall not be located in a residential category.

(ii)

Swim and racquet clubs. May include spectator facilities if authorized by Development Plan approval.

(iii)

Swimming pools. Public or membership use swimming pools are to be enclosed with security fencing at least six feet in height, with entry through a controlled gate or turnstile to prevent unsupervised access by children.

c.

Public park facilities. Playfields, children's playgrounds, and public parks as principal uses are subject to the following:

(1)

Permit requirement. Minor Use Permit approval.

(2)

Setbacks.

(i)

Children's playgrounds. 50 feet.

(ii)

Other park facilities. As set forth in Subsection b(4) of this section.

(iii)

Buildings. Set forth in Section 23.04.100-118 (Yards).

(3)

Minimum site area. None Required.

d.

Recreation equipment rental.

(1)

Limitation on use. Recreation equipment rental shall be allowed only in the Recreation, Commercial Retail and Commercial Service categories, with motorized equipment rental allowed only in Recreation and Commercial Service categories. Recreation equipment rental is not allowed as a temporary use. A proposed site must also qualify for use as a storage yard and sales lot pursuant to Table O, Part I of the Land Use Element to enable storage or rental transactions of recreational equipment to occur outdoors.

(2)

Permit requirement. Development Plan approval for motorized equipment rental; as required by Section 23.03.040 (Permit Requirements) for other uses. In addition to other relevant issues, Development Plan shall consider the effects of motorized recreation equipment on proposed or likely areas of use.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

a.

Camping. Permanent organizational group camps sponsored by a church, youth group, corporation or other organization, or camping that is seasonal and incidental to an agricultural use, are subject to the following provisions: Commercial campgrounds as principal uses are subject to Section 23.08.266 (Recreational Vehicle Parks); temporary camps are subject to Chapter 8.64 of the County Code (Temporary Camps).

(1)

Limitation on use. Organizational camps are allowed only in the Rural Lands, Recreation, and Public Facilities categories. Incidental camping is allowed in the Agriculture category as well as where organizational camps are allowed.

(2)

Permit requirements. In addition to a Health Department permit as required by Chapter 8.62 of the County Code, camping facilities are subject to the following:

(i)

Organizational camps. Development Plan approval.

(ii)

Incidental camping. Minor Use Permit approval.

(3)

Minimum site area. As specified in Section 23.04.020 (Parcel Size).

(4)

Density. To be set by the Review Authority where Development Plan or Minor Use Permit approval is required, to a maximum of one unit per acre, which is also to be the maximum density for incidental camping of less than 10 units.

(5)

Setbacks. All camping facilities and activities are to occur no closer than 1,000 feet from any property line or public road.

(6)

Parking. No improved parking is required for incidental camping, provided that sufficient usable area is available to accommodate all user vehicles entirely on-site. The parking requirement for organizational camps is to be determined by the Development Plan approval.

(7)

Access. All-weather access is to be provided to the site.

(8)

Allowed facilities. Camps established pursuant to this section may include the following facilities in addition to tent camping areas, based on the type of camp:

(i)

Organizational camps. Cabins; meeting hall; swimming pool; permanent restroom facilities; accessory and storage buildings.

(ii)

Incidental camping. Water supply and portable restrooms only. Incidental camping uses may also include spaces for a maximum of 10 self-contained recreational vehicles, without utility hookup facilities.

(9)

Sanitation. Restroom facilities are to be provided as required by the Health Department.

(10)

Required findings - incidental camping. A land use permit for incidental camping is to be approved only where the Review Authority first finds that:

(i)

The proposed use will not affect the continuing use of the site as a productive agricultural unit providing food or fiber; and

(ii)

The proposed use will result in no effect upon the continuance or establishment of agricultural uses on surrounding properties.

b.

Dude ranches. A dude ranch is a commercial transient guest occupancy facility incidental to a working ranch, which may include common eating and drinking and recreation facilities subject to the provisions of this subsection, provided that such facilities are to be used by lodging facility guests only, and not made available to the general public for day use.

(1)

Limitation on use. Dude ranches are not to be established in a residential category.

(2)

Permit requirement. Development Plan approval.

(3)

Application content. To include a description of recreational facilities and activities to be offered, and an explanation of the relationship between the recreational use and continuing agricultural uses.

(4)

Minimum site area. 160 acres, except that where a proposed facility has obtained a recorded right of access and use of adjoining property for recreational purposes, the Planning Commission may reduce the minimum site area as part of the Development Plan approval.

(5)

Setbacks. All facilities are to be located no closer than 500 feet from any property line or public road.

(6)

Coverage. The aggregate area occupied by all structures and facilities established for the dude ranch (including all roads, parking areas, lodging and support facilities dedicated to the dude ranch use) is not to exceed 2% of the total site area.

(7)

Lodging facilities.

(i)

Type of facilities allowed. Dude ranch facilities may be authorized by the Planning Commission to be attached, motel-type units or detached cabins, provided that they include no cooking or eating facilities.

(ii)

Occupancy. Lodging facilities are to be rented only to guests which will also utilize other dude ranch facilities. Dude ranch lodgings are not to be used for RV park or motel-type overnighters.

(iii)

Density. The density of guest lodgings is to be established by the Planning Commission, with the total number of units to be based upon the capability of the ranching activities to continue without interference from guest activities, provided that the maximum density of lodging facilities is to be no more than one guest unit for each five acres in the Agriculture category, and one guest unit per acre in other categories.

(8)

Parking requirement. To be set through Development Plan approval.

(9)

Required findings. A Development Plan for a dude ranch in the Agriculture land use category is to be approved only where the Planning Commission makes the following findings in addition to those required by Section 23.02.034c(4):

(i)

The proposed use will not substantially affect the continuing use of the site as a productive agricultural unit providing food or fiber; and

(ii)

The proposed use will result in no substantially adverse effect upon the continuance or establishment of agricultural uses on surrounding properties.

Where located in other than in an Agriculture category, the only required findings are those in Section 23.02.034c(4).

c.

Health resorts and bathing. Commercial health resorts, outdoor hot springs, spas, or hot tub rental operations that are operated as a principal use, and transient lodging facilities accessory to such use, are subject to the following:

(1)

Limitation on use. Health resorts and bathing facilities are not allowed in a Residential Suburban category, and are not allowed in the Agriculture land use category unless the facility is dependent upon a natural onsite resource such as a lake or hot springs.

(2)

Permit requirement. Development Plan approval, in addition to a Health Department permit as required by Chapter 8.60 of this code.

(3)

Minimum site area. 10 acres in the Agriculture and Rural Lands categories; five acres in other rural categories; one acre when located within an urban or village reserve line.

(4)

Parking. Two spaces per hot tub or spa; and one space per 100 square feet of swimming pool area. Where lodging units are included, additional spaces are to be provided at a ratio of one space per lodging unit.

(5)

Sanitation and water disposal. The provision of sanitary facilities and the disposal of wastewater from hot tubs or pools is to be in accordance with requirements established by the Health Department, and by the Regional Water Quality Control Board pursuant to Section 23.06.102 (Regional Water Quality Control Board Review).

d.

Hunting and fishing clubs.

(1)

Limitation on use. Hunting and fishing clubs are to be located only in the Agriculture, Rural Lands and Recreation categories.

(2)

Permit requirement. Minor Use Permit approval.

(3)

Location. Hunting activities are to be limited to areas no closer than one-half mile from any residential category or residential use other than that of the applicant.

(4)

Setbacks. Any membership hunting facilities and activities are to be located no closer than 1,000 feet from any property line or the public road. No limitation on the location of fishing activities other than required for structures by Section 23.04.100 (Setbacks) or other provisions of this chapter.

[Amended 1992, Ord. 2591; 1993, Ord. 2635; 1995, Ord. 2715]

The provisions of this section apply to preschools and public and private schools providing instruction for preschool through 12th grade children; schools providing specialized education and training, where identified by the Land Use Element as S-4 uses; and to preschools and other facilities including individual homes, where day-care services are provided to more than six children.

a.

Elementary and high schools.

(1)

Limitation on use. Schools in the Office and Professional category are limited to high schools.

(2)

Permit requirement. Per Table 3-A, Section 23.03.040 et seq.

(3)

Location. No closer than 1,000 feet to an Industrial or Commercial Service category.

(4)

Parking. Off-street parking is to be provided at a ratio of two spaces for each classroom, and one space for 100 square feet of administrative or clerical office space. Except that where Section 23.04.160 (Parking) would require more spaces for an on-site auditorium, stadium, gymnasium or other public or sports assembly facility, the larger number of spaces is to be provided. For all school facilities, parking lot turnover is low; loading bay intensity is low.

b.

Special Education and Training Schools. These standards apply to Special Education and Training Schools only where identified by the Land Use Element as S-4 uses.

(1)

Limitation on use. Special Education and Training Schools are allowed in the Industrial category only when the curriculum offered is primarily in subjects related to industry and/or manufacturing.

(2)

Permit requirement. As set forth in Section 23.03.040 (Permit Requirements).

(3)

Parking. Off-street parking is to be provided at a ratio of one space per seat in the largest classroom or instructional area, in addition to spaces required for any proposed auditorium by Section 23.04.164c(3). Parking lot turnover is high; loading bay intensity is low.

c.

Preschools and child day care. The following standards apply to large family day care homes and child care centers in addition to state licensing requirements in the California Code of Regulations, title 22, sections 81009 et seq. These standards do not apply to any facility which provides elementary school educational programs for non-resident children older than six years of age. Such facilities are instead subject to the provisions of subsection a. of this section. These standards do not apply to child day care facilities that are accessory and secondary in nature to an approved principal non-residential use.

(1)

Permit requirements - family day care homes. No permit is required for facilities with six or fewer children (Small Family Day Care Homes), which are not regulated by this title; Plot Plan or Minor Use Permit approval is required for facilities with seven to 12 children (Large Family Day Care Homes). However, if two of the children are six years of age or older, as allowed by California Health and Safety Code section 1597.41 (a) and (b), no permit is required for facilities with eight or fewer children (Small Family Day Care Homes) and Plot Plan or Minor Use Permit approval is required for facilities with nine to 14 children (Large Family Day Care Homes); these increases in the allowed number of children will be automatically repealed on January 1, 1996 unless a later enacted statute amending California Health and Safety Code section 1597.41 (a) and (b) deletes or extends that date.

Plot Plan approval is required where no public hearing is requested pursuant to subsection c(1) (ii) of this section. Where a public hearing is requested, a large family day care home shall be subject to Minor Use Permit approval and an additional fee in an amount equivalent to the difference between the fees for Plot Plans and Minor Use Permits shall be paid by the applicant. The Plot Plan shall be processed and approved pursuant to Section 23.02.030 of this title and the Minor Use Permit shall be processed and approved pursuant to Section 23.02.033 of this title, except as follows:

(i)

Public notice. As required by California Health and Safety Code Section 1597.46(a)(3), the notice for a Plot Plan or Minor Use Permit shall be provided to owners of property within 100 feet of the exterior boundaries of the large family day care home instead of in the manner normally required for Minor Use Permits by Section 23.02.033b(4)(i) of this title. Such notice shall be provided not less than 10 days before the date of action on the Plot Plan pursuant to Section 23.02.030d or action on the Minor Use Permit pursuant to Section 23.02.033c. The notice for a Plot Plan approval shall declare that the application will be acted on without a public hearing if no request for a hearing is made pursuant to subsection c(1)(ii) of this section.

(ii)

Public hearing. As required by California Health and Safety Code Section 1597.46(a)(3), no public hearing shall be held on the application for a Plot Plan for a large family day care home, unless a hearing is

requested by the applicant or other affected person. Such request shall be made in writing to the Planning Director no later than 10 days after the date of the public notice provided pursuant to subsection c(1)(i) of this section. In the event a public hearing is requested, the large family day care home shall be subject to Minor Use Permit approval and the Planning Director shall provide notice of the public hearing for the Minor Use Permit pursuant to subsection c(1)(i) of this section.

(iii)

Permit approval. As required by California Health and Safety Code Section 1597.46(a)(3), the Planning Director shall approve a Plot Plan or Minor Use Permit for a large family day care home when he or she determines that the proposed facility will satisfy all applicable requirements of this section, and can find that the facility will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project.

(2)

Permit requirements - child care centers. Except as set forth in subsection c(1) of this section, Development Plan approval is required for facilities with 13 or more children.

(3)

Site location. Large family day care homes and child care centers shall be located only on sites which satisfy the following standards:

(i)

Minimum street improvements. In order to assure safe vehicular access to the site of a child care facility, the street providing access to the site shall be a paved or publicly-maintained road with sufficient clear width to accommodate on-street parking at the site, located entirely outside of the travel lanes.

(ii)

Concentration standards. In order to avoid excessive concentrations of large family day care homes in single-family residential areas, no child care facility shall be approved within the same block or within 500 feet of any other large family day care home or child care center in the residential single-family category, except where specifically authorized through Minor Use Permit approval.

(4)

Fencing requirements. All outdoor play areas shall be enclosed with fencing; a minimum of four feet high. Such fencing shall be solid and a minimum of six feet high on any property line abutting a residential use on an adjoining lot where determined to be needed for effective noise control.

(5)

Parking and loading requirements.

(i)

Large family day care homes. An off-street drop- off area is to be provided with the capability to accommodate at least two cars, in addition to the parking normally required for the residence; a driveway may be used for this purpose. Additional off-street parking shall be provided as necessary to accommodate all employee vehicles on the site.

(ii)

Child care centers. Parking and loading requirements shall be established through Development Plan approval.

(6)

Noise control - outdoor uses. Where one or more parcels adjoining the site of a large family day care home or child care center are in a residential land use category and are developed with single-family dwellings, outdoor play or activity areas shall not be used by client children before 8 a.m., except:

(i)

Where such outdoor areas are located no closer than 100 feet from any dwelling other than that of the applicant; or

(ii)

Where specifically authorized through Minor Use Permit or Development Plan approval.

[Amended 1992, Ord. 2591; 1994, Ord. 2694; 1995, Ord. 2715]

Industrial uses and other activities identified as S-5 uses (see Coastal Table O, Part I of the Land Use Element) are subject to the provisions of the following sections:

23.08.094 Petroleum Refining and Related Industries, and Marine Terminals and Piers

23.08.097 Recycling and Scrap

23.08.098 Recycling Collection Stations

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

23.08.082 - Chemical Products.

a.

Permit requirement. Minor Use Permit approval, unless a Development Plan is otherwise required by Section 23.03.042 (Permit Requirements - Manufacturing and Processing Uses), or by subsection d. of this section for a specific use.

b.

Location. A chemical product manufacturing facility is to be located no closer than 1,000 feet to a Residential, Office and Professional, Commercial Retail, Public Facilities or Recreation land use category.

c.

Minimum site area. Five acres, unless otherwise provided by subsection d of this section.

d.

Specific use standards.

(1)

Corrosive and toxic chemicals. The manufacture of corrosive or toxic chemicals such as acids, ammonia, herbicides and insecticides is subject to Development Plan approval.

(2)

Explosives manufacture. The manufacture of explosives is subject to the following standards.

(i)

Permit requirement. Development Plan approval.

(ii)

Location. No closer than one mile to any Residential, Commercial, Office and Professional, Recreation, or Public Facilities category.

(iii)

Minimum site area. 20 acres.

(iv)

Storage. The storage of explosives is to be in accordance with Section 23.06.120 (Toxic and Hazardous Materials).

(3)

Gaseous products. The manufacture or bulk storage of explosive or corrosive gaseous products such as acetylene, chlorine, fluorine and hydrogen, are subject to the special standards for explosives in subsection d(2) of this section.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

The following standards apply to food and kindred product uses when located in the Agriculture, Rural Lands, and Commercial Retail categories.

a.

Limitation on use.

(1)

Agriculture and Rural Lands. Food and kindred products uses allowable in the Agriculture and Rural Lands categories are limited to the processing of raw materials grown on the site of the processing facility or on adjacent parcels.

(2)

Commercial Retail. Food and kindred products uses allowable in the Commercial Retail category are limited to bakeries, ice cream and candy shops and other similar uses where the primary purpose of food production is to support on-site retail sales.

b.

Permit requirement. As set forth in Section 23.03.042 (Permit Requirements) for retail trade and service uses.

a.

Permit requirement.

(1)

Fuel dealers. As set forth in Section 23.03.042 (Permit Requirements) for retail trade and service uses.

(2)

Ice dealers: As set forth in Section 23.03.042 (Permit Requirements) for manufacturing and processing uses.

b.

Parking requirement. One space per 1,000 square feet of use area. Parking lot turnover is low; loading bay intensity is high.

c.

Fuel dealer standards.

(1)

Minimum site area. 20,000 square feet.

(2)

Location. For aboveground fuel tank storage, no closer than 500 feet to a residential category. No location limitation for establishments using underground storage only.

(3)

Site design. Where storage yards or outdoor activity areas are proposed, they are subject to the provisions of Section 23.08.146 (Storage Yards).

(4)

Setbacks. All above ground fuel storage facilities are to be no closer than 50 feet to any property line or any residential use.

e.

Ice and bottled water dealer standards. No special standards other than permit and parking requirements in subsection b. of this section. See Chapter 23.04 (Site Design Standards).

[Amended 1995, Ord. 2715]

23.08.094 - Petroleum Refining and Related Industries, and Marine Terminals and Piers.

This section applies to establishments primarily engaged in petroleum refining and compounding lubricating oils and greases from purchased materials, oil or gas processing facilities, manufacture of petroleum coke and fuel briquettes and tank farms. Additional requirements applicable to such facilities are contained in Energy and Industrial Policies 33-35 in the Local Coastal Program Policy Document. Section 23.08.284 may also be applicable to such facilities.

a.

Specific Plan Required: An application for a land use permit for a project within the use group of Petroleum Refining and Related Industries (including extended reach facilities) and Marine Terminals and Piers may be applied for and obtained only after a Specific Plan, as described in Government Code Section 65450 et seq., for overall development of the parcel has been approved, except for:

(1)

An existing facility used solely for in-field processing of petroleum produced from a field surrounding or adjacent to the facility and not exceeding 10,000 barrels processing capacity of petroleum and related fluids, excluding produced water, per day;

(2)

An existing facility used solely for in-field compression or sweetening of natural gas and similar fluids produced from a field surrounding or adjacent to the facility;

(3)

Existing storage facilities having a capacity not exceeding 210,000 barrels of crude petroleum or refined petroleum products;

(4)

Emergency oil spill response facilities;

(5)

Additions within existing facilities or modifications to existing facilities mandated by local, state, or federal requirements or by a demonstrated need for replacement due to technological improvement or facility age that do not expand the capacity of a facility by more than 10 percent or expand the existing exterior boundary of the site; and,

(6)

Any new marine terminal or pier which will be used solely for commercial, recreational, or fishing purposes excluding onshore support facilities for petroleum production, equipment, and related passenger transportation facilities; and,

(7)

Any facility described by size, capacity, physical characteristics, and site as part of a previously approved specific plan.

b.

Specific Plan preparation costs to be borne by applicant: Any applicant requesting preparation and approval of a Specific Plan must, prior to the initial acceptance of the application, agree in writing to pay all reasonable expenses incurred by the County of San Luis Obispo in preparing and reviewing the request within 30 days after being invoiced for such costs, and must deposit with the County of San Luis Obispo a sum to be set in accordance with the fee schedule adopted by County ordinance in order to pay for any such costs incurred by San Luis Obispo County and not otherwise compensated by the applicant.

c.

Contents of Specific Plan: Specific Plans shall include all information required by Government Code sections 65450 et seq., all information required by provision of the San Luis Obispo County General Plan, Local Coastal Plan, and by other provisions of County ordinances, and all information required by each of the following;

(1)

A detailed description of long-term plans for use of the site, including specific characteristics, volumes, and sources of hydrocarbons; specific descriptions of all expected incoming and outgoing transmission or shipment facilities or changes in intensity of use of existing facilities which may result from a proposal; description of anticipated size, type and location of initial and subsequent refining, processing,

cogeneration, storage, transmission, and associated facilities; and delineation of transportation and access routes for materials and personnel, including location and physical characteristics of such routes and the incremental burdens to be imposed on each route during construction or operation of facilities and analysis of the extent, if any, to which access routes may create nuisances or hazards for adjacent properties.

(2)

A schedule for initial and subsequent phases of development of the site which specifies the anticipated order in which facilities will be constructed and operated, circumstances which will cause need for specific facilities, and anticipated timing of commencement of permitting, construction, operation, peak operation, and decommissioning for each facility;

(3)

Volume and time of demand for other resources including but not limited to water, natural gas, and electricity;

(4)

Identification, volume and nature of hazardous materials other than crude oil, natural gas, or petroleum products refined on-site to be imported into the site, stored or produced on-site, transmitted or shipped off-site, as well as characterization of any hazardous waste contamination existing on the parcel or which may be expected from construction or operation of the planned facility;

(5)

An analysis of the compatibility of the proposed use with present characteristics of the parcel, with surrounding uses, and with the physical, cultural, socioeconomic, recreational and aesthetic character of the surrounding region;

(6)

A plan showing that the proposed use will be buffered and screened from adjacent land uses to protect adjacent uses, the proposed use, and the people and resources of the region from harm or encroachment;

(7)

An analysis of the extent to which the configuration and characteristics of intended facilities and operations will be compatible over the life of facilities with surrounding uses, physical, cultural, socioeconomic, recreational and aesthetic characteristics of the region, and with public health and safety;

(8)

Plans of the proponent and any partners or other operators for any fields expected to send production to the planned facility together with a showing of the extent to which the planned facility addresses consolidation of processing, refining, storage, shipment and transmission of hydrocarbons;

(9)

A detailed description of a buffer area which includes a sufficient area around the planned project to confine, buffer, and screen impacts, including potential impacts, from the project and to prevent encroachment of incompatible land uses within the area of influence of the planned facility to promote public health and safety, and to promote land use compatibility by designating an area around the facility within which no land uses incompatible with the proposed project will be allowed during the life of the project. The precise designation of the buffer area shall be reviewed during the CEQA process and approved at the time of specific plan approval to prevent subsequent encroachment.

d.

Factors to be Considered: Since the Specific Plan is necessary to provide a tool for systematic implementation of the general plan, it must be precise as to the distribution, location, and extent and intensity of the major components for the proposed facility. Before the Board of Supervisors may approve any Specific Plan requested pursuant to this section, it shall consider whether its action protects and promotes community health, safety, air and water quality, soil and habitat stability, riparian and wetland areas, and coastal, cultural and visual resources, traffic and noise thresholds, land use compatibility, and availability of services and also recognizes a need for facilities to support offshore or onshore hydrocarbon production.

The foregoing requirements are in addition to the informational requirements set forth below in subsection 23.08.094g (Application Requirements).

e.

Pre-application conference required: Development Plan applications filed after approval of the Specific Plan, as required by subsection 23.08.094a above, shall be preceded by a pre-application conference scheduled by the Department of Planning and Building. The purpose of the conference shall be to identify concerns, standards, regulatory limits, application contents, information needs, requirements and mitigations as set forth in the approved Specific Plan, and format requirements that are necessary to process and evaluate a proposal.

f.

Permit requirements: Development Plan approval by the Board of Supervisors is required for all new uses and any expansion of the external boundaries of existing uses. The action of the Planning Commission described in Section 23.02.034c shall be a recommendation to the Board of Supervisors. Minor Use Permit approval is required for modification of facilities within an existing approved development, unless a condition of a previous Development Plan approval sets a different land use permit requirement.

g.

Application requirements: In addition to the application content requirements of Chapter 23.02 (Permit Applications) an application filed pursuant to this section shall also include written explanation of the following requirements as determined at the preapplication conference:

(1)

The proposed design capacity of the facility; the operating schedule; the energy use; the products and materials to be received at the facility; how the products and materials are to be delivered; the processing methods; the products to leave the site; and the physical and contractual arrangements for connections with other facilities.

(2)

Alternatives to the proposed facility and to separable aspects of the proposal. This discussion shall include discussion of reliability of the proposed facility and alternatives, as well as their economic and environmental advantages and disadvantages.

(3)

Plans for any overhead or underground electric transmission lines, transformers, inverters, switchyards, including their size and capacity or any required new or upgraded off-site transmission facilities.

(4)

Plans for any other required utility connections such as telecommunications, natural gas, water or sewage. This will include physical arrangements, timing of construction, expected volumes, and contractual arrangements.

(5)

The cooling system, if any, including volume and flow characteristics, source of the cooling fluid and the location, flow and chemical make-up of any liquid or gaseous discharges.

(6)

Potable water requirements and proposed source.

(7)

The fuel sources, delivery and storage systems and firing characteristics.

(8)

The air pollution control system and emission characteristics.

(9)

The characteristics of the liquid and solid wastes produced and the liquid and solid waste disposal systems.

(10)

Any toxic and/or hazardous materials as defined by the EPA or the State of California which will be used during the construction and operation, including estimates of the volumes of each, the inventory control system that is proposed, the disposition of these materials and the disposal system and ultimate location

for disposal. The applicant shall also demonstrate why non-toxic materials cannot be substituted for the toxic and/or hazardous materials proposed.

(11)

An oil spill contingency plan, a spill prevention control and countermeasure plan and a system safety plan.

(12)

If another public agency must also approve the proposed facility, the applicant shall also provide:

(i)

A brief description of the nature and scope of the requirements of that agency; including the agency's procedures for acting on the proposed use.

(ii)

A schedule for applications and approvals for actions by other responsible agencies.

(iii)

A copy of all necessary state and federal permits and associated conditions of approval issued by the agencies listed prior to the submittal of the application.

(13)

An applicant may incorporate by reference any information developed or submitted in any other application, provided the applicant submits a copy of the referenced material, identifies the permitting process in which it was submitted and the outcome of that permitting process, and explains the relevance of the information to the standards for approval pursuant to this title.

(14)

The number and identification by trades of estimated construction and operation forces. If construction is estimated to take over six months, the construction workforce shall be estimated for each six-month period. The estimates shall include numbers of locally hired employees and employees who will move into the area, and a discussion of the estimated impact that employees moving into the area will have on housing, schools, traffic, water supplies, waste water facilities and emergency services.

h.

Standards and specifications: The following standards apply in addition to other applicable provisions of this title, and any requirements imposed through the Development Plan process:

(1)

Bonding: Following permit approval and before any work on the proposed site, the applicant shall post a surety bond in favor of the county, conditioned on conformance with all applicable conditions, restrictions, and requirements of this title and all conditions required by the Development Plan. Such guarantee is in

addition to any bond required by the state. The total value of this bond will be established through the Development Plan approval process.

(2)

Environmental quality assurance: An Environmental Quality Assurance Program covering all aspects of construction and operation shall be submitted for approval by the Director of Planning and Building prior to construction of any project component. This program will include a schedule and plan for monitoring and demonstrating compliance with all requirements of the Development Plan. Specific components of this Environmental Quality Assurance Program will be determined during the environmental review process and Development Plan approval process.

(3)

Clearing and revegetation: The land area disturbed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil will be stripped and stored separately. Disturbed areas no longer required for operation shall be regraded, covered with topsoil and replanted during the next appropriate season.

(4)

Utility interconnect: All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the affected utility. A statement from the utility confirming that the proposed interconnection is acceptable shall be filed with the Chief Building Inspector prior to the issuance of any building permit. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission.

(5)

Hazardous materials: Prior to their delivery and use on-site, the applicant shall submit a hazardous material and waste management plan for review and approval. Details to be contained in this plan will be established through the environmental review process and the Development Plan approval process.

[Amended 1992, Ord. 2591; 2004, Ord. 3001]

a.

Limitation on use. Recycling operations in the Public Facilities category is not to include vehicle wrecking, dismantling or storage.

b.

Permit requirement. Development Plan approval; or Minor Use Permit approval in cases where the subject site is within the interior of a Commercial Service or Industrial category such that no portion of the subject site is located adjacent to a land use category other than that of the subject site.

c.

Location. At least 500 feet from any school, church, hospital, public building, Commercial Retail, Office and Professional, Residential Single Family or Multi-Family category, or residential use on an adjoining lot.

d.

Minimum site area. One acre.

e.

Parking requirement. None, provided that sufficient usable area is available to permanently accommodate all employee and user parking needs entirely on-site.

f.

Site design and operation. Recycling facilities and wrecking yards are subject to all provisions of Section 23.08.146 (Storage Yards).

[Amended 1995, Ord. 2715]

a.

Permit requirement. Minor Use Permit approval.

b.

Location.

(1)

Site access. Access to a recycling collection station shall be from a collector or arterial, except that a local street may be used where the site is located in a Commercial or Industrial land use category.

(2)

Facility location. Outside of any street right-of-way. In rural or village areas where a public waste collection point has been established by the county, a proposed recycling collection station is to use the same site.

c.

Minimum site area. None required.

d.

Setbacks. None required, provided that no collection station is to be located within 100 feet of an intersection.

e.

Parking requirement.

(1)

Rural or village areas. A Recycling collection station in a rural or village area is to be located to allow a user vehicle to pull entirely off the street pavement while using the facility, and sufficient area is to be provided to accommodate two automobiles at the same time.

(2)

Urban areas. No parking is required, unless on-street parking is unavailable at the site, in which case at least two off-street spaces are to be provided.

f.

Design standards. A Recycling collection station is to be designed as follows:

(1)

Containers. Portable containers are to be used, placed within a stationary wood framework, solid fence or bin to prevent the containers from being overturned.

(2)

Container enclosure. To be equipped with a lid to prevent access to stored materials by animals or vermin, and to preclude stored paper from being scattered by wind.

(3)

Maximum area. A Recycling Collection station is to be no larger than 100 square feet.

(4)

Signs. Signage shall be as provided by Section 23.04.300 through Section 23.04.314.

g.

Maintenance. All Recycling collection stations are to be maintained in a clean and sanitary condition, with no material stored or discarded outside the container enclosure. All collection stations are to be emptied at intervals sufficient to preclude containers from being filled, but in no case are containers to be emptied less than once every seven days.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

[2020, Ord. 3421]

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

Personal care services identified by the Land Use Element as allowable, S-6 uses (See Coastal Table O, Part I of the Land Use Element), are subject to the provisions of the following sections:

This use is allowable in the Residential Suburban, Residential Multi-Family and Commercial Retail categories subject to the following provisions:

a.

Permit requirement. Minor Use Permit approval.

b.

Location. Nursing and personal care facilities shall be located within an urban or village reserve line.

c.

Minimum site area. 20,000 square feet.

d.

Parking requirement. One space per four beds. The applicable review body may reduce such requirements where it can be found that parking needs are less than required because of the nature of the facility or residents, and that other transportation is available to the facility as part of the program of care.

[Amended 1992, Ord. 2591]

Board and care homes for ambulatory residents, where no medical care is provided, are subject to all applicable standards for multiple-family dwellings in addition to the provisions of this section.

a.

Permit requirement. No land use permit is required when six or fewer persons are provided 24-hour care in a single-family residence. Minor Use Permit approval is required for more than six boarders, whether in a single-family residence or a larger facility.

b.

Minimum site area. 20,000 square feet is the minimum site area for more than six boarders.

c.

Fencing. Any play areas for children are to be fenced to prevent uncontrolled access to and from the site.

d.

Parking. For facilities with more than six boarders, parking is to be provided as set forth in Section 23.08.108d (Nursing and Personal Care - Parking).

e.

Board and care homes - Additional standards. Board and care homes for ambulatory residents, where no medical care is provided, are also subject to all applicable standards for multiple-family dwellings.

[Amended 1995, Ord. 2715]

23.08.120 - Miscellaneous Special Uses (S-1 and S-2).

A use of land that is not listed elsewhere in this chapter, and is designated by the Land Use Element as allowable pursuant to this section, is subject to the following permit requirements in addition to all other applicable provisions of this title:

a.

Uses requiring Minor Use Permit review (S-2). Uses designated by the Land Use Element as allowable pursuant to this subsection (S-2 uses on Coastal Table O, Part I of the Land Use Element), require Minor Use Permit approval in accordance with Section 23.02.033 (Minor Use Permit).

b.

Uses requiring Development Plan review (S-1). Uses designated by the Land Use Element as S-1 uses allowable pursuant to this subsection require Development Plan review in accordance with Section 23.02.034 (Development Plan).

[Amended 1992, Ord. 2591]

Sales and storage activities that are primarily of an outdoor nature and are designated as allowable, S-7 uses by the Land Use Element (see Coastal Table 0, Part I of the Land Use Element), are subject to the provisions of the following sections:

This section sets standards for the conduct of temporary outdoor retail sales activities including farmers' markets, home sales, sales from individual vehicles, seasonal sales and sidewalk sales. Permanent outdoor retail sales activities are subject to Section 23.08.144 (Sales Lots and Swap Meets) and Section 23.08.056 (Roadside Stands).

a.

General requirements. The following standards apply to all temporary outdoor retail sales activities unless otherwise provided in subsections b. through f.

(1)

Permit requirement. Business License Clearance.

(2)

Hours of operation. Daylight hours only, with all sales facilities, signs and any related vehicles removed from the site at the close of daily business. Except where otherwise provided by this section, night operations are allowed only when specifically authorized through Development Plan approval.

(3)

Parking requirement. None, provided sufficient open area is available to accommodate all employee and customer parking needs either on the site or on adjoining property, entirely outside of public rights-of-way other than designated parking spaces.

(4)

Food sales. The sale of raw or processed foodstuffs is subject to Chapter 8.04 of the County Code (Food and Drink Establishments), and any other applicable regulations of the County Health Department or Agricultural Commissioner.

(5)

Signs. Signs allowed in conjunction with outdoor retail sales are subject to the provisions of Section 23.04.306b(19) except where otherwise provided in this section.

b.

Art and craft sales. The temporary outdoor sale of handcrafted items and artwork is allowed only in conjunction with a temporary event (Section 23.08.248), except as otherwise provided by this section.

c.

Farmers' markets. A farmers' market pursuant to this section is the temporary use of a site for the sale of food and farm produce items from parked vehicles. Farmers' markets are subject to all applicable provisions of Sections 1392 et seq. of the California Food and Agriculture Code. (The sale of agricultural products in roadside stands is subject to Section 23.08.056; the sale of seasonal agricultural products is subject to subsection e. of this section.)

(1)

Permit requirement. Minor Use Permit approval.

(2)

Limitation on use. Farmers' markets are limited to the sale of food and produce items, including raw and prepared foodstuffs, plants and cut flowers.

(3)

Location. Farmers' markets are limited to the Commercial, Industrial, Public Facilities and Recreation land use categories.

(4)

Duration of use. Farmers' markets are to occur no more than three days per week on any site, unless the Minor Use Permit approval specifically authorizes a longer duration.

d.

Home sales. Garage sales and the temporary sale of handcrafted items and artwork produced by an authorized home occupation are allowable as set forth in Section 23.08.030g(1).

e.

Sales from individual vehicles. This use involves the retail sale of various commodities from a vehicle parked outside the public right-of-way. Sales from a vehicle within the public right-of-way are subject to Title 6 of this code.

(1)

Permit requirement. Zoning Clearance. The Zoning Clearance application shall be accompanied by the following:

(i)

Written authorization from the owner of record of the site proposed for the sales use; and

(ii)

A statement of intent is to be filed with the Planning Department at the time of Business License Clearance, which is to include the applicant's acknowledgment of acceptance of the responsibility to conduct business operations in conformity with this section and all other applicable requirements.

(2)

Location. Sales from vehicles are not to occur in any Residential or Office and Professional land use category and are limited to a maximum of one such operation per legal lot and no more than one vendor per 300 linear feet of street frontage, unless the subject site is authorized as a farmers' market pursuant to subsection b of this section, or a swap meet pursuant to Section 23.08.144.

(3)

Duration of use. Sales from vehicles are to occur no more than two days per week.

(4)

Operational standards. When not in use, any commercial vehicle from which sales are conducted is to be stored within an enclosed garage, or on a site in a Commercial or Industrial category.

(5)

Signs. Signs for sales from vehicles are limited to a maximum aggregate area of 20 square feet.

f.

Seasonal sales. Seasonal sales include the retail sale of seasonal products such as pumpkins and Christmas trees. Where allowed, fireworks sales are subject to the requirements or prohibition of the applicable fire protection agency, in addition to the requirements of this title.

(1)

Time limit. The length of time during which seasonal sales may occur is as follows:

(i)

Seasonal products grown on-site. When the seasonal products sold are produced by an on-site agricultural operation, no time limit applies, provided that such sales are conducted in accordance with Section 23.08.056 (Roadside Stands).

(ii)

Non-agricultural or off-site products. The seasonal sale of non-agricultural products (e.g., fireworks), or agricultural products grown in a location separate from sales, is limited to 45 days.

(2)

Location. Seasonal sales are to be conducted only in the land use categories authorized for such use by the Land Use Element, in the following locations:

(i)

On the site where the seasonal agricultural products were grown; or

(ii)

Outside of any public road right-of-way unless an encroachment permit is approved by the County Engineering Department. A shopping center parking lot may be used only where no more than 20 percent of the parking spaces are to be occupied by seasonal sales activities.

(3)

Guarantee of site restoration. A bond or cash deposit is required to guarantee site restoration after use, and operation in accordance with the standards of this section, except when sales of agricultural seasonal products occur on the site where they are grown. When required, the guarantee is to be in the form established by Section 23.02.060 (Guarantees of Performance), in the amount of $50.00 for each 5,000 square feet of use area.

(4)

Hours of operation. Between 7 a.m. and 10 p.m. when located in the Agriculture, Rural Lands, Residential Rural or Recreation categories; no limitation in other categories.

g.

Sidewalk sales. Sidewalk and parking lot sales are allowed in the Commercial Retail category provided that the sales activity satisfies the following requirements. Parking lot sales differ from "sales from individual vehicles" (subsection e. of this section) in that sidewalk and parking lot sales are infrequent, promotional events involving the majority of merchants in a shopping center (as defined in Chapter 23.11; Definitions - Shopping Center). Sidewalk and parking lot sales shall be:

(1)

Located within a central business district or shopping center parking lot; and

(2)

Conducted by the merchants of shops abutting the sidewalk or parking lot; and

(3)

Authorized by an encroachment permit issued as set forth in Chapter 13.08 of the County Code (Encroachment) when located within the public right-of-way; and

(5)

Conducted no more often than two days in every 30 days.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

Outdoor sales lots and swap meets allowed in the Commercial Service and Industrial categories are subject to the provisions of this section. (Wrecking yards are subject to Section 23.08.097 - Recycling and Scrap.)

a.

Sales lots. May be conducted as a principal use (as in the case of a used car lot), or as an accessory use (such as a sales yard in conjunction with a building materials store), subject to the following:

(1)

Permit requirement. As determined by Chapter 23.03 (Permit Requirements - Outdoor Storage Uses), except when a sales lot is accessory to a use that is otherwise required to have a higher permit.

(2)

Site design standards.

(i)

Displays. To be limited to street frontages only. All other property lines are to be screened as set forth in subsection (2)(iv) of this section. All signing is to be in conformity with Section 23.04.300 (Signing).

(ii)

Parking requirement. One space per 3,000 square feet of outdoor use area, one space per 300 square feet of office space.

(iii)

Landscape planting. A five foot wide planting strip is to be provided adjacent to all street property lines, consisting of ground-covering vegetation which may be maintained at a height less than three feet, with street trees located within the planting strip at 20 foot intervals. This is in addition to any landscape requirements of Sections 23.04.180 et seq. (Landscape).

(iv)

Screening. All interior property lines are to be screened with a six foot high solid wall or fence.

(v)

Office facilities. When no buildings exist or are proposed on a sales yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant the permit requirements of Title 19 of the County Code (the Building and Construction Ordinance).

(vi)

Site surfacing. A sales lot is to be surfaced with concrete, A.C. paving, crushed rock, or other material maintained in a dust-free condition. All vehicle drive areas are to be paved with concrete, asphalt or crushed rock.

b.

Swap meets. May be conducted only as a temporary use on the site of another use established pursuant to this Title in a Commercial Service or Industrial category, provided that such site is also in conformity with the standards of this section.

(1)

Permit requirement. Minor Use Permit approval.

(2)

Location. On an arterial, or on a collector which extends between two other collectors or arterials, provided that a swap meet is not to be located on a site that abuts a residential category.

(3)

Limitation on use. The sale of vehicles is not permitted. Any sales of food items are subject to Health Department approval.

(4)

Site design standards.

(i)

Parking requirement. As determined by the applicable review authority.

(ii)

Restrooms. Public restrooms are to be provided at a swap meet as required by the Health Department.

(iii)

Site surfacing. Portions of a swap meet site used for sales activities, or pedestrian circulation are to be surfaced with concrete, asphalt, or planted with maintained lawn. Vehicle access and parking areas are to be surfaced in accordance with Section 23.04.160 (Parking). All site areas not otherwise used for buildings or vehicle circulation are to be landscaped.

(5)

Operation. Swap meets are to be held during the daylight hours, on no more than two days out of every seven days. This standard may be modified by the Planning Commission through Development Plan approval where it is found that the proposed site will be provided with adequate permanent parking and restroom facilities, and that the surrounding area can sustain traffic volumes generated by a swap meet without adverse effects in the area.

[Amended 1992, Ord. 2591; 1993, Ord. 2635]

Outdoor storage yards, including the storage of vehicles in other than a day use parking lot or garage, are allowed in the Commercial Service, Industrial and Public Facilities categories subject to the provisions of this section. The storage of vehicles in a public or commercial parking lot or garage is subject to Section 23.04.160 (Parking); the storage of wrecked or abandoned vehicles, or vehicles being dismantled, is subject to Section 23.08.097 (Recycling and Scrap), in addition to this section.

a.

Permit requirement. As established by Chapter 23.03 (Permit Requirements) for outdoor storage uses.

b.

Site design standards.

(1)

Access. There is to be only one access point to a storage yard for each 300 feet of street frontage. Such access point is to be a maximum width of 20 feet, and is to be provided with a solid gate or door.

(2)

Screening. A storage yard (except a temporary off-site construction yard) is to be screened from public view on all sides by solid wood, painted metal or masonry fencing, with a minimum height of six feet; provided that this requirement may be waived through Adjustment (Section 23.01.044), when:

(i)

The side of a storage yard abuts a railroad right-of-way; or

(ii)

The surrounding terrain would make fencing ineffective or unnecessary for the purpose of screening the storage yard from the view of public roads.

(3)

Parking requirement. None, provided that sufficient usable area is available to accommodate all employee and user parking needs entirely on-site.

(4)

Site surfacing. A storage yard is to be surfaced with concrete, asphalt paving, crushed rock, or oiled earth, maintained in a dust-free condition.

(5)

Office facilities. When no buildings exist or are proposed on a storage yard site, one commercial coach may be utilized for an office, provided that such vehicle is equipped with skirting, and installed pursuant to the permit requirements of Title 19 of the County Code (the Building and Construction Ordinance).

c.

Operation. Materials within a storage yard shall not be stacked or stored higher than six feet, except where:

(1)

Materials stored are vehicles, freestanding equipment, or materials that are of a single piece that is higher than six feet; or

(2)

The storage yard site is an interior lot within an Industrial land use category that is not visible from a collector or arterial or from outside the Industrial category; or

(3)

Screening requirements have been waived or modified pursuant to subsection b(2)(ii) of this section; or

(4)

A higher wall or fence is constructed at the required setback line under an approved building permit and materials stored are not higher than the fence.

[Amended 1992, Ord. 2591]

Residential Uses identified as allowable, S-8 uses by Coastal Table O, Part I of the Land Use Element, are subject to the provisions of the following sections:

• 23.08.162 Residential Uses in Office and Professional or Commercial Categories

23.08.164 Mobilehome Parks

• 23.08.166 Organizational Houses

• 23.08.167 Residential Uses in the Agricultural Category

23.08.168 Residential Uses in the Recreation Category

23.08.169 Accessory Dwellings

[Amended 1992, Ord. 2591]

[Amended 2020, Ord. 3410]

One permanent accessory dwelling is permitted for purposes of housing a caretaker employed on the site of any allowable agricultural, commercial, institutional or industrial use in all categories except Residential Single Family, and Residential Multi-Family, subject to the following standards (a caretaker residence in the Agriculture land use category is subject to Section 23.08.167 - Farm Support Quarters):

a.

Permit requirement. Plot Plan approval. The application is to include a developer's statement explaining the need for caretaker quarters and responsibilities of the caretaker/resident.

b.

Minimum site area. A maximum of one caretaker residence may be established on a site with the following minimum area:

(1)

Commercial Service and Industrial categories. No minimum.

(2)

Other categories. Five acres in rural areas; as required by Section 23.04.040 (Minimum Site Area) for the principal use of the site within an urban or village area.

c.

Status of caretaker. The resident of the dwelling is to be the owner or lessee, or an employee of the owner or lessee of the site.

d.

Type of use requiring a caretaker. A caretaker dwelling shall not be approved unless the Planning Director first determines that having a caretaker living on the site is critical and needed to the conduct of the business. The principal use of the site must require a caretaker for security purposes or for continuous supervision or care of people, agricultural plants, animals, equipment, or other conditions on the site. A caretaker's residence requested in conjunction with an agricultural use in any land use category is subject to Section 23.08.167b and c.

e.

Allowable location for a caretaker dwelling. In Commercial, Office and Professional and Recreation categories, such dwelling shall be located on a second floor, or in the rear half or behind a principal building. In the Industrial and Public Facilities categories, such dwelling may be located in accordance with the needs of the applicant, provided that the location preserves the industrial or public facility visual character of the principal use. In all categories, a caretaker residence is to be located on the same lot of record or contiguous ownership as the use requiring a caretaker. Where a mobilehome is proposed as a caretaker residence, its location shall satisfy all applicable provisions of Section 23.08.163 (Individual Mobilehomes).

f.

Size, type and duration of dwelling unit allowed. The floor area of a caretaker residence shall not exceed 50 percent of the floor area of the commercial use on the site or 10 percent of the outdoor use area where no commercial building exists or is proposed, to a maximum size of 1,200 square feet. Where a caretaker residence is proposed in the Residential Rural and Residential Suburban categories, the design standards of Section 23.08.169g (Accessory Dwellings) apply. Caretaker residences shall meet all applicable Uniform Building Code requirements for a dwelling unit unless a mobilehome is used and shall be either:

(1)

A standard site-built home; a modular home; or an apartment-type unit if the caretaker residence is to be integral with a principal structure; or

(2)

A mobilehome, which may be used only in the Rural Lands, Recreation, Residential Rural, Commercial Service, Industrial and Public Facility categories, in accordance with Section 23.08.163 (Individual Mobilehomes).

In the event that the commercial use that justified the caretaker dwelling is discontinued, the caretaker residence shall be vacated within 180 days of the commercial use portion of the site being vacated.

g.

Parking requirement: One space, in addition to those required for the principal use of the site.

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 2004, Ord. 3001]

[Amended 2020, Ord. 3410]

23.08.162 - Residential Uses in Office and Professional or Commercial Categories.

Single Family and Multi-Family dwellings identified as S-8 uses in the Office and Professional or

Commercial Retail categories are subject to the standards of this section; except for Caretaker Residences (Section 23.08.161) :

a.

Limitation on use - Office and Professional category. Except where prohibited by planning area standards of the Land Use Element new single family or multi-family dwellings are allowed in an Office and Professional category, provided that they are:

(1)

Located on either the second floor and/or the rear of the site, and structurally attached to the main building. The first floor or front part of the building shall be used for the principal office use; and

(2)

Subordinate to the primary office use of the site; or

(3)

Multi-family residential development as a principal use authorized through Development Plan approval, in an Office and Professional category where planning area standards of the Land Use Element allow residential development as a principal use.

b.

Limitation on use - Commercial categories. Except where prohibited by planning area standards of the Land Use Element, new single family or multi-family dwellings are allowed in the Commercial Retail land use category provided that they are:

(1)

Located outside of any visitor serving "V" designation as shown on the Land Use Element; and

(2)

Located on either the second floor and/or the rear half of the site and structurally attached to the main building. The first floor or front part of the building shall be used for the principal retail use; and

(3)

Subordinate to the primary commercial use of the site.

New dwellings are not allowed in the Commercial Service category, except for a caretaker residence (Section 23.08.161).

c.

Existing uses. In an Office and Professional or Commercial categories, a detached single family dwelling which is the principal use of its site may be continued as a residential use as set forth in Section 23.09.026d (Nonconforming Uses of Land).

d.

Permit requirements.

(1)

The land use permit required to authorize residential uses pursuant to this section shall be the same as that required by this title for the principal use of the site; except that where Section 23.03.040 would require a higher permit level for the residential uses, the higher permit shall be required.

(2)

When Minor Use Permit or Development Plan approval is required by this title to authorize the proposed residential use, the applicable approval body shall, before granting such approval, find that the proposed residential use will not:

(i)

Significantly reduce the community inventory of office or commercial property available to satisfy the commercial needs of the population envisioned by the Land Use Element of the General Plan.

(ii)

Impede the continuing orderly development of community shopping and office areas with office and other commercial uses.

e.

Minimum site area and density. To be as required by Section 23.04.084 (Residential Density - Multi-Family Dwellings), or applicable planning area standards of the Land Use Element.

f.

Parking.

(1)

When a commercial and residential use are located on the same site, the number of parking spaces provided is to be 80% of the total required for each residential and commercial use on the same site by Section 23.04.160 (Parking).

(2)

All parking for a residential use in a Commercial Retail, Commercial Service or Office and Professional category is to be located on-site.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

When used as permanent dwellings, individual mobilehomes (described as manufactured homes by Section 65852.3 et seq. of the California Government Code) are subject to the standards of this section, in addition to Chapter 19.60 of the Building and Construction Ordinance. Mobilehomes used as caretaker housing are subject to Section 23.08.161 (Caretaker Residences) in addition to subsection b. of this section. Mobilehomes for temporary office or dwellings are subject to Sections 23.08.240 et seq. (Temporary Uses). Mobilehomes in sales lots are subject to Section 23.08.144 (Sales Lots).

a.

Permit requirement: Plot Plan approval, except that no county permit is required for individual mobilehomes in approved mobilehome parks under the jurisdiction of the California State Department of Housing and Community Development. The Plot Plan application is to include either photos or a manufacturer's brochure depicting the actual type, exterior finishes, roof overhang, and roofing materials of the proposed mobilehome.

b.

Location: An individual mobilehome may be installed where allowed by Table O, Part I of the Land Use Element, pursuant to the other provisions of this section, provided that the mobilehome meets all applicable standards for single family dwellings contained in this title and:

(1)

Is certified under the National Manufactured Housing Construction and Safety Act of 1974; and

(2)

Is to be installed on a permanent foundation or a foundation system pursuant to Section 18551 of the California Health and Safety Code; and

c.

Minimum site area: As provided by Section 23.04.044e for single-family dwellings, except where a planning area standard of the Land Use Element requires a larger area for single-family dwellings.

(1)

Mobilehome parks: The minimum site area for mobilehomes located within mobilehome parks shall be as specified in Section 23.08.164.

d.

Setbacks: As set forth in Sections 23.04.100 et seq. of this title. When located in an approved mobilehome park, setbacks shall be as set forth in Section 23.08.164e(1).

e.

Mobilehome design standards. The following standards apply to all new mobilehomes proposed within urban or village areas or in rural areas, except in mobilehome parks. These requirements apply in addition to all applicable standards of this title for single-family dwellings, as well as all applicable provisions of Chapter 19.60 of this code.

(1)

Exterior design standards:

(i)

Siding materials. Exterior siding (excluding windows) is to consist of non-reflective materials designed to resemble wood, stucco, rock, masonry or concrete block or other non-reflective, textured surface.

(ii)

Roofing materials. Roofs (excluding skylights) are to consist of non-reflective materials designed to resemble wood shakes, wood or composition shingles, tile, rock, sod, or metal with a baked-on color or other non-reflective, textured surface.

(iii)

Roof overhang. Roofs shall have eave and gable overhangs of not less than one foot as measured from the vertical side of the structure.

f.

Special permit requirement. If, in the opinion of the Planning Director, a proposed mobilehome does not satisfy the criteria of subsections b. or e. of this section, Minor Use Permit approval is required. The provisions of this section are not otherwise subject to waiver or modification pursuant to Section 23.08.012d.

g.

Storage: Unoccupied mobilehomes that are not fixed to a foundation system or otherwise installed on an approved permanent site shall be stored only in a mobilehome sales lot (Section 23.08.144), an approved storage yard (Section 23.08.146), or in a mobilehome park.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

Mobilehome parks are subject to the regulations of Title 25 of the California Administrative Code, in addition to this section and other applicable standards of this Title.

a.

Permit requirement. Development Plan pursuant to Section 23.02.034 in addition to any permits required by the state Department of Housing and Community Development.

b.

Application content. 10 copies of the Development Plan application and all accompanying materials are to be provided.

c.

Minimum site area and density. A site proposed for a mobilehome park is to be a minimum of 5 acres. Maximum park density shall be as follows:

(1)

Urban or village areas. Eight dwelling units per acre of gross site area.

(2)

Rural areas. Allowed density is one mobilehome for each area equivalent to the minimum parcel size required by Section 23.04.020 et seq. for the land use category in which the site is located. Sites for individual mobilehomes may be clustered, and of a size consistent with subsection e(1) of this section, when the mobilehome park is provided on-site community water supply and sewage disposal systems.

(3)

Recreation category. Eight dwelling units per acre of gross site area.

d.

Access. A collector, arterial or freeway frontage road, except that a mobilehome park with less than 40 units may be on a local road not more than 500 feet from a collector, arterial or freeway frontage road.

e.

Site design standards.

(1)

Required yards.

(i)

Individual mobilehome lots. To be provided with a 10-foot front yard between the mobilehome and the edge of an internal park street, measured from the center point of the mobilehome wall to the edge of the interior park street; and five-foot side and rear setbacks, except that a carport or unenclosed patio may extend to one foot of the side lot line.

(ii)

Separation between structures. No mobilehome may be located closer than 10 feet to another mobilehome or structure.

(iii)

Park boundary yards. Mobilehomes are to be set back from park property lines as follows:

Park Entrance Street: 25 feet

Other Street Frontage: 15 feet

Other Property Lines: 10 feet

(2)

Coverage. A maximum of 75% of the mobilehome park site may be covered by mobilehomes, structures, and paving for vehicle use.

(3)

Landscaping. Areas not occupied by mobilehomes, other structures or paving, or unpaved fenced storage areas are to be landscaped.

(4)

Parking. The mobilehome park is to be provided with parking spaces as follows.

(i)

Individual mobilehome. A minimum of two off-street parking spaces are to be located on each mobilehome site. Such spaces may be arranged in tandem, and may extend into the required front yard.

(ii)

Guest parking. To be provided at a ratio of one space for every four mobilehomes. Guest spaces may be located along interior streets within the park, provided that street width is in conformity with the provisions of Section 1106, Title 25 of the California Administrative Code.

(5)

Utilities. All on-site utilities are to be installed underground.

(6)

Screening fencing.

(i)

Fencing required. The perimeter of a mobilehome park (with the exception of the park entrance street frontage) and any recreational vehicle storage areas are to be enclosed with solid wood or masonry fencing, or other alternative screening approved by the Planning Commission, a minimum of six feet in height.

(ii)

Location of fencing. Park perimeter fencing is to be located at the setback line on street frontages where required, and on the property line elsewhere.

(iii)

Adjustment. An adjustment to this standard may be authorized by the Planning Commission to reduce or eliminate the fencing requirement where topography, existing vegetation intended to remain, or other conditions would make screening unnecessary or in-effective.

(7)

Antennas. A mobilehome park may be provided with cable television service or a single community receiving antenna. Individual television antennas shall not be used.

(8)

Skirting. Each mobilehome shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobilehome located on-grade.

f.

Mobile home park condominiums. A mobilehome park condominium, planned development or similar residential unit ownership project may use smaller parcel sizes than what would otherwise be allowed by Sections 23.04.025 et seq., to be determined by the Review Authority through Development Plan approval provided that the density of the units is in compliance with Section 23.08.164(c). Mobile home park condominiums are also subject to the requirements of subsection g of this section.

g.

Closure or conversion of mobilehome park to another use. Any closure, subdivision or conversion to another use of a mobilehome park or any portion thereof, is subject to the following requirements, in addition to all other applicable provisions of this Title.

Any conversion of an existing rental mobilehome park to a mobilehome park subdivision with ownership of individual lots, or to a condominium conversion, is not subject to this Section but shall instead be subject

to Title 21 Sections 21.01.050 and 21.06.040 - Condominium conversion.

An exception to the requirements of this Section shall be made for the Port San Luis Trailer Park, located in Avila Beach and owned by the Port San Luis Harbor District. The conversion or closure of that specific mobilehome park shall instead be subject to the California Harbors and Navigation Code Section 6086.

(1)

Purpose and intent. The purpose of this Section is to:

(i)

Establish standards for the closure or conversion of a mobilehome park that conform to the General Plan and Housing Element.

(ii)

Inform the Review Authority of the impact of such closure or conversion upon the displaced residents.

(iii)

Provide financial compensation and relocation assistance to displaced residents.

(iv)

Provide mobilehome park owners with relief from unreasonable relocation costs.

(v)

Reduce the incremental loss of mobilehome parks, preserve existing mobilehome parks and reduce the loss of affordable housing stock.

(2)

Permit requirement. Development Plan approval pursuant to Section 23.02.034.

(3)

Application content. The Development Plan application shall include the following items, in addition to all information required by Section 23.02.034 of this title.

(i)

Conversion Impact Report - A report shall be prepared and submitted with the application pursuant to Government Code 65863.7 or 66427.4. The Conversion Impact Report shall be prepared by an independent agent acceptable to the County and at a minimum, shall include the following information:

(a)

The number of mobilehomes that will remain and/or be displaced by the proposed development. For displaced units describe the age, size and condition of the mobilehomes.

(b)

The number of available vacant mobilehome spaces in existing comparable mobilehome parks within a twenty (20) mile radius, the space rental rates and evidence of the willingness of other mobilehome park owners to receive some or all of the displaced mobilehomes.

(c)

An estimate of the relocation cost considering all of the costs related to installing the displaced mobilehomes on an available receiving site, as described in subsection g(6).

(d)

For displaced residents, the household sizes, income levels, age of the residents, whether they own or rent the mobilehome, and the monthly rental rates (space rent and/or unit rental rate).

(e)

A list with the names, addresses and phone numbers of the conversion impact report consultants, mobilehome appraisers, mobilehome movers, and relocation counselors who the applicant may use. The professional credentials of these specialists shall be described, and all such specialists used during the project shall be acceptable to the County.

(f)

A list of all known alternative housing and / or replacement housing that is currently available to displaced mobilehome park residents. The list shall include mobilehomes and housing units that are available for rent or for sale, both affordable and market-rate units.

(4)

Special notice requirement. The applicant shall verify, to the Planning Director's satisfaction, that each park resident and mobilehome owner has received or will receive each of the following notices and documents. No hearing on a proposed mobile home park conversion shall be scheduled until the applicant has verified the notification to the satisfaction of the Director.

(i)

Notice of Intent. A "notice of intent" by applicant to convert or close the mobilehome park shall be sent by certified mail at least 60 days prior to submittal of the application to the County. After the "notice of intent" has been issued, the applicant shall inform all new or prospective residents and/or mobilehome owners that the applicant has requested County approval of a change of use or that a change of use request has been granted, pursuant to Civil Code 798.56(g).

(ii)

Conversion Impact Report. A copy of the Conversion Impact Report as set forth in subsection g(3)(i) at least 15 days before the County holds the Development Plan hearing, pursuant to Civil Code 798.56(h).

(iii)

Public hearing notice. A public hearing notice, in addition to the public hearing notice provided by the County, at least 15 days before the County holds the Development Plan hearing, pursuant to Civil Code 798.56(g).

(iv)

Notice of termination of tenancy. All displaced residents and mobilehome owners shall be given a written "notice of termination of tenancy" that provides for a minimum of 180 days after County approval of the Development Plan to vacate their spaces, pursuant to Civil Code 798.56(g). The said notice shall be delivered by certified mail to each resident and mobilehome owner within 10 days of permit approval by the County.

(5)

Informational meeting. No less than ten (10) days prior to the first public hearing regarding the proposed mobilehome park conversion, the applicant shall conduct an informational meeting for the residents of the mobilehome park. The meeting shall be conducted on the premises of the mobilehome park, or other location acceptable to the County, and the Relocation Counselor and a County representative shall be present. The meeting shall address the proposed mobilehome park conversion, the conversion application

process, the contents of the conversion impact report, and proposed relocation assistance for displaced mobilehome owners and residents. Prior to the date of the first public hearing the applicant shall verify, to the Planning Director's satisfaction, that the informational meeting has occurred in conformance with this Section.

(6)

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

(i)

Relocation or sale. Pursuant to Government Code Section 65863.7 and 66427.4, the County shall apply mitigation measures to fully cover the reasonable costs of relocation for displaced mobilehome park residents who must find another mobilehome park. If no comparable mobilehome park space or mobilehome owner approved receiving site exists, then the applicant shall buy the mobilehome at its "inplace" value as described below. Mobilehome owners who do not use the mobilehome as their primary residence shall receive assistance in relocation of their mobilehomes, but shall not be eligible for the "inplace" value option. Mobilehome Owners who experienced a personal, disabling condition that required a temporary residential stay elsewhere wid1in the 12 months prior to the submittal date of the Development Plan application (pursuant to Civil Code 798.23.5) are eligible for all options described below. The Development Plan shall identify the option assigned to each displaced mobilehome in a Relocation Plan, as follows:

(a)

Relocation of mobilehome. Applicant shall pay all costs related to moving the mobilehome plus fixtures, accessories, and the mobilehome owner's possessions to a comparable mobilehome park within 20 miles of the existing location or to a receiving site within the County as requested by the mobilehome owner.

Fixtures and accessories include, but are not limited to: decks, porches, stairs, access ramps, skirting, awnings, carports and storage sheds. Relocation shall include all disassembly and moving costs, mobilehome set-up costs, utility hook-up fees, moving of mobilehome owner's possessions, any move-in deposit, any permitting fees (i.e., mobilehome permit, land use permit) and the reasonable living expenses of displaced mobilehome residents for a period not exceeding 45 days (from the date of actual displacement until the date of occupancy at the new site) except where the County determines that extenuating circumstances prolong the moving period. The comparable mobilehome park, or mobilehome owner-approved receiving site, and the relocated mobilehome shall conform to all applicable county codes. The mobilehome park or receiving site shall be available and willing to receive the mobilehome. A comparable mobilehome park is one that is safe, sanitary, well-maintained, and is in conformance with state and local codes.

(b)

Rent subsidy for another mobilehome park. Applicant shall provide displaced mobilehome owners with payment of the difference of rent between the old and new mobilehome park spaces for up to twenty-four months for relocated mobilehomes.

(c)

Sale at "in-place" value. This option shall be available only to permanent resident mobilehome owner(s). If the mobilehome cannot be relocated to a comparable mobilehome park or mobilehome owner-approved receiving site the applicant shall buy the mobilehome and pay the "in-place" sale value, which shall be the appraised fair market value as determined by a certified real estate appraiser who is acceptable to the County, utilizing principles applicable in mobilehome relocation matters. The appraised value shall be determined after consideration of relevant factors, including the value of the mobilehome in its current location, assuming continuation of the mobilehome park in a safe, sanitary and well maintained condition.

(d)

Relocation plan. The relocation plan shall describe the relocation assistance to be provided for all permanent mobilehome park residents who will be displaced, whether they rent or own their mobilehome unit. The plan shall describe the cost of relocation for each displaced mobilehome and/or household, identify the location of the new mobilehome space or replacement housing unit, the amount of financial assistance to be provided, and shall describe the time frame and steps that will be taken to complete the relocation. All real estate and financial transactions and all relocation activities shall be completed prior to termination of mobilehome park tenancy for each displaced household.

usehold, identify the location of the new mobilehome space or replacement housing unit, the amount of financial assistance to be provided, and shall describe the time frame and steps that will be taken to complete the relocation. All real estate and financial transactions and all relocation activities shall be completed prior to termination of mobilehome park tenancy for each displaced household.

The plan shall identify all displaced mobilehomes to be sold to the applicant or to be relocated for the mobilehome owner(s). The plan shall provide the appraised "in-place" sales price of all mobilehomes to be sold. The plan shall describe all relocation costs for displaced mobilehome park residents. Any disagreement between a mobilehome park resident and the applicant regarding relocation assistance or "in-place" sales value shall be referred to a professional arbitrator acceptable to the County and paid for by the applicant. Such disagreements must be submitted in writing to the applicant by the mobilehome park resident within 45 days after the mobilehome park resident has obtained a written notice describing what he/she will receive. The applicant and displaced mobilehome park residents may agree on other mutually

satisfactory relocation assistance. Such assistance may include, but is not limited to, mortgage assistance with the purchase of another mobilehome or replacement housing unit on-site or off-site.

(e)

Relocation Counselor. Applicant shall provide for all displaced mobilehome owners and residents the services of a Relocation Counselor, acceptable to the County, to provide information about the available housing resources and to assist with the selection of suitable relocation alternatives. Acceptable relocation alternatives include, but are not limited to, vacant mobilehome units and spaces, rental and ownership housing units, affordable and market-rate units. The Relocation Counselor shall be familiar with the region's housing market and qualified to assist residents to evaluate, select, and secure placement in the

replacement housing, to arrange the moving of all of the household's personal property and belongings to the replacement housing, to render financial advice on qualifying for various housing types. to explain the range of housing alternatives available, and to gather and present adequate information as to available housing. The Relocation Counselor shall assist in the preparation and implementation of the Relocation Plan

No later than thirty (30) days after the County approval date of the Development Plan for the mobilehome park conversion the Relocation Counselor(s) shall make personal contact with each displaced resident of the mobilehome park and commence consultations to determine the applicable relocation costs and assistance to be provided. The Relocation Counselor shall give to each person eligible to receive relocation assistance a written notice of his or her options for relocation assistance as determined by the Development Plan.

(f)

Relocation assistance for mobile home park renters. Mobilehome park renters are permanent residents who rent mobilehomes as their primary residences, but who do not own the mobilehomes. The applicant shall pay all costs for providing the following services for displaced mobilehome park renters: assistance of the Relocation Counselor to locate and secure placement in comparable replacement housing, the moving of all of the household's personal property and belongings to the replacement housing, and the security deposit. Displaced low income renters are also eligible for one year of rent subsidy. When the low-income renter household moves into a comparable unit where the rent is higher than the rent of the mobilehome that the household occupied then the applicant shall pay the difference for a period of one year from the date of relocation.

A comparable unit has facilities that are equivalent to the household's existing rental mobilehome with regards to the following features: a) unit size including the number of rooms; b) rent range; c) major kitchen and bathroom facilities; d) special facilities for the handicapped or senior citizens; 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 household'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 or demolish has been given.

(g)

Permanent resident. Permanent resident status is established at the time that the mobilehome park conversion application is submitted. A "permanent resident" is any person who lives in the mobilehome park for 270 days or more in any 12-month period, and whose residential address in the mobilehome park can be verified as one that meets at least half of the following criteria:

1)

Address where registered to vote.

2)

Home address on file at place of employment or business.

3)

Home address on file at dependents' primary or secondary school

4)

Not receiving a homeowner's exemption for another property or mobilehome in this state nor having a principal residence in another state.

5)

DMV license address.

6)

Mailing address.

7)

Vehicle insurance address.

8)

Home address on file with Bank account

9)

Home address on file with IRS.

10)

Home address on file with local club/ association membership.

(ii)

Replacement housing. Conversion or closure of all or part of a mobilehome park is subject to Section 23.04.092 - Affordable Housing Required in the Coastal Zone.

(7)

Vacancy of a mobile home park exceeding twenty-five (25%) percent.

(i)

Whenever twenty-five (25%) percent or more of the total number of mobilehome sites within a mobilehome park are uninhabited and such condition was not caused by a natural or physical disaster beyond the control of the mobilehome park owner, then such condition shall be deemed a "mobilehome park conversion" for the purposes of this ordinance. The mobilehome park owner shall file an application for the closure or conversion of a mobile home park to another use, pursuant to the requirements of this Section. A mobilehome site is considered to be "uninhabited" when it is either (i) unoccupied by a mobilehome, or (ii) occupied by a mobilehome in which no person resides.

(ii)

Whenever a mobilehome park resident or other interested person has reason to believe that 25 percent or more of the total number of mobilehome sites within a mobilehome park are uninhabited, as described in subsection g (7)(i), such resident or person may file a written statement to that effect with the Director of the Department of Planning and Building. Upon receipt of such statement, the Director shall cause an investigation and inspection to be conducted to verify the accuracy of such statement. Upon completion of the investigation and inspection, the Director shall make a determination as to whether an unauthorized mobilehome park conversion is underway.

(iii)

If the Director of the Department of Planning and Building determines that an unauthorized mobilehome park conversion is underway he or she shall send to the mobilehome park owner a written notice by certified mail which describes the Director's determination and establishes a reasonable period of time by which the mobilehome park owner shall submit an application pursuant to this Section for the closure or conversion of a mobile home park to another use.

(iv)

Once the Director of Planning and Building has determined whether or not an unauthorized mobilehome park conversion is underway, a written notice that describes such determination shall be sent by the County to the mobilehome park owner, the mobilehome park resident or person who filed the written statement pursuant to subsection g (7)(ii), and to all the residents in the mobilehome park.

(v)

The determination of the Director of the Department of Planning and Building pursuant to subsection g(7)(ii) may be appealed by the person who filed the statement, by the mobilehome park owner or by any other interested person but not more than fifteen (15) calendar days after the date of the notice of determination. All such appeals shall be submitted and processed in conformance with Section 23.01.042.

(8)

Application for exemption from relocation assistance requirements.

(i)

Any person who files an application for closure or conversion of a mobile home park to another use may, simultaneous with such application, file an application for exemption from some or all of the relocation assistance requirements described above in subsection g(6) - Conditions of Approval.

(ii)

If such an exemption application is filed, the applicant shall verify, to the Planning Director's satisfaction, that each mobilehome park resident and mobilehome owner has received or will receive a copy of the complete application for exemption.

(iii)

The County may consider an application for exemption only for one or both of the following reasons:

(a)

That the requirement(s) for relocation assistance would eliminate substantially all reasonable use or economic value of the property.

(b)

That a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that mobilehome park closure or cessation of use of the property as a mobilehome park is necessary, and that such court has taken further action that would prohibit or preclude the payment of relocation assistance benefits, in whole or in part.

(iv)

Any application for exemption made pursuant to subsection g(8)(iii)(a) shall contain, at a minimum, the following information:

(a)

Statements of profit and loss from the operations of the mobilehome park for the five-year period immediately preceding the date of the application of exemption, certified by a certified public accountant. All such statements shall be maintained in confidence to the extent permitted by the California Public Records Act.

(b)

If the applicant contends that continued use of the property as a mobilehome park necessitates repairs and/or improvements that are not the result of the park owner or applicant's negligence or failure to properly maintain the said property, and that the costs thereof makes continuation of the mobilehome park economically infeasible, then a report shall be made and submitted, under penalty of perjury, by a civil engineer or general contractor licensed as such pursuant to the laws of the State of California. The said report shall verify that such civil engineer or contractor has thoroughly inspected the entire mobilehome park and has determined that certain repairs and improvements must be made to the mobilehome park to maintain the mobilehome park in decent, safe and sanitary condition, and that those certain repairs are not the result of the mobilehome park owner or applicant's negligent failure to properly maintain the said

y that such civil engineer or contractor has thoroughly inspected the entire mobilehome park and has determined that certain repairs and improvements must be made to the mobilehome park to maintain the mobilehome park in decent, safe and sanitary condition, and that those certain repairs are not the result of the mobilehome park owner or applicant's negligent failure to properly maintain the said

property. The report shall describe the minimum period of time in which such improvements or repairs must be made, and provide an itemized statement of the improvements and repairs along with the estimated cost for the improvements and repairs. The anticipated costs or damages, if any, which may result if maintenance is deferred shall be identified separately. The report shall also describe any additional repairs or improvements that will be necessary for continuous upkeep and maintenance of the property. The report shall be referred to the California Department of Housing and Community Development for review and comment. If the Planning Director requires an analysis of the information submitted by the civil engineer or general contractor, the Planning Director may procure services of another licensed civil engineer or general contractor to provide such written analysis, and all such costs shall be paid entirely by the applicant.

(c)

An estimate of the total cost of relocation assistance which would be required pursuant to subsection g(6) - Conditions of Approval. This estimate shall be based on surveys, appraisals and reports, prepared to the County's satisfaction, that document the number of residents of the park who are willing to relocate their mobilehomes and those who would elect to sell their mobilehomes, and the costs related to providing the relocation assistance measures delineated in subsection g(6) - Conditions of Approval.

(d)

An estimate of the value of the mobilehome park if the park were permitted to be developed for the change of use proposed in the application for conversion of the park, and an estimate of the value of such park if use of the property as a mobilehome park is continued. These estimates shall be prepared by a certified real estate appraiser who is acceptable to the County.

(e)

Any other information which the applicant believes to be pertinent. or that may be required by the Planning Director.

(v)

Any application for exemption filed pursuant to subsection g(8)(iii)(b) shall be accompanied by adequate documentation regarding the, case number, and court in which the bankruptcy proceeding was held, and copies of all pertinent judgments, orders, and decrees of the said court.

(vi)

When making its determination as to whether to waive or modify a portion or all of any type of benefit that would otherwise be applicable, the County may take into account the financial history of the mobilehome park, its condition and the condition of amenities and improvements thereon, the cost of any necessary repairs, improvements or rehabilitation of such park, the estimated costs of relocation, the fair market value of the property for any proposed alternative use, the fair market value of the property for continued use as a mobilehome park, and any other pertinent evidence requested or presented. The County shall expressly indicate in its decision any waiver and the extent thereof. Where a court of competent jurisdiction has determined in connection with a proceeding in bankruptcy that the closure or cessation of the use of said property as a mobilehome park is necessary, and such court has taken action which would prohibit or preclude payment of relocation benefits, whether in whole or in part, the County shall have the power to

waive all or a portion of any type of benefit to the extent necessary to comply with the judgement, order, or decree of the court

(9)

Special Findings for closure or conversion of a mobile home park to another use. A Development Plan may be approved only after the Review Authority first determines that the request satisfies the following findings, in addition to the findings required by Section 23.02.034c(4):

(i)

Adequate measures to address the financial and other adverse impacts to the residents and/or owners of the displaced mobilehomes have been taken.

(ii)

The conversion or closure of all or part of the mobilehome park will not result in a significant decrease in the affordable housing stock in the community where the conversion or closure is proposed, and adequate mitigation measures will be taken by the park owner for all displaced residents.

[Amended 1992, Ord. 2584; 1995, Ord. 2715; Amended 2008, Ord. 3165]

The Residential Vacation Rental is the use of an existing residence, or a new residential structure that has been constructed in conformance with all standards applicable to residential development, as a rental for transient use. This definition does not include the single tenancy rental of the entire residence for periods of thirty consecutive days or longer. Rental of a residence shall not exceed four individual tenancies per calendar month as defined in Subsection d. The use of residential property as a vacation rental within the Cambria, Cayucos, Avila Beach, and Los Osos urban reserve lines shall comply with the following standards:

a.

Purpose. The purpose of this section is to establish a set of regulations applicable to residential vacation rentals. These regulations are in addition to all other provisions of this Title. In the adoption of these standards the Board of Supervisors find that residential vacation rentals have the potential to be incompatible with surrounding residential uses, especially when several are concentrated in the same area, thereby having the potential for a deleterious effect on the adjacent full time residents. Special regulation of residential vacation rentals is necessary to ensure that they will be compatible with surrounding residential uses and will not act to harm and alter the neighborhoods they are located within.

b.

Permit requirements. Zoning Clearance, Business License and Transient Occupancy Tax Registration is required for each residential vacation rental. Where water or sewage disposal is provided by a community system, evidence shall be submitted with the application for a Zoning Clearance to show that the service provider(s) has been informed of the proposed use of the property as a vacation rental, and has confirmed

that there is adequate service capacity available to accommodate this use. Except that in Los Osos, a Minor Use Permit is required instead of a Zoning Clearance.

c.

Location.

(1)

Cambria. Within all residential land use categories, no residential vacation rental shall be located within (1) 200 linear feet of a parcel on the same side of the street as the vacation rental; (2) 200 linear feet of the parcel on the opposite side of the street from the vacation rental; and (3) 150 foot radius around the vacation rental. These same distances apply to other types of visitor-serving accommodation (i.e. Bed and Breakfast or Homestay.) Distances shall be measured from the closest property line of the existing residential vacation rental unit, and/or other visitor-serving accommodation, to the closest property line of the property containing the proposed residential vacation rental unit. This location standard can be modified through Minor Use Permit approval when a Development Plan is not otherwise required.

(2)

Cayucos.

(i)

Within the Residential Single Family and Residential Suburban land use categories, no residential vacation rental shall be located within: (1) 100 linear feet of a parcel and on the same side of the street as the vacation rental; (2) 100 linear feet of the parcel on the opposite side of the street from the vacation rental; and (3) 50 foot radius around the vacation rental. These same distances apply to other types of visitor serving accommodation (i.e. Bed and Breakfast or Homestay) Distances shall be measured from the closest property line of the property containing the residential vacation rental unit and/or other visitorserving accommodation, to the closest property line of the proposed residential vacation rental unit.

(ii)

Within the Residential Multi-Family land use category, no parcel shall be approved for a residential vacation rental if it is within 50 feet of another parcel with a residential vacation rental and/or other visitor-serving accommodation. Distances shall be measured from the closest property line of the property containing the vacation rental and/or other visitor- serving accommodation to the closest property line of the proposed residential vacation rental unit. In the case of condominium units, the property line shall be the wall of the individual unit.

(iii)

The location standards established in Subsections c.(2)(I) and (ii) can be modified through Minor Use Permit approval when a Development Plan is not otherwise required.

(3)

Avila Beach. In all Residential and Recreation land use categories, no parcel shall be approved for a residential vacation rental if it is within 50 feet of another parcel with a residential vacation rental and/or other visitor-serving accommodation. Distances shall be measured from the closest property line of the property containing the vacation rental and/or other visitor-serving accommodation to the closest property line of the proposed residential vacation rental unit. In the case of condominium units, the property line shall be the wall of the individual unit. This location standard may be modified through a Minor Use Permit approval when a Development Plan is not otherwise required.

(4)

Los Osos.

(i)

The number of residential vacation rentals established and active (valid and unexpired business license) shall not exceed 55.

(ii)

A Minor Use Permit for the establishment of a residential vacation rental shall only be approved and issued for a natural person, limited liability company, or personal or family trust. A natural person, limited liability company, or personal or family trust shall not maintain any financial interest in more than one (1) residential vacation rental. A Minor Use Permit for the establishment of a residential vacation rental shall become voided upon the transfer of property ownership.

(iii)

Residential vacation rentals shall only be established within an existing single-family dwelling. Residential vacation rentals shall not be allowed in multi-family dwelling structures and mobilehome parks.

(iv)

Within all residential land use categories, no residential vacation rental shall be located within 500 feet of another parcel with a residential vacation rental. Distances shall be measured from the closest property line of the existing residential vacation to the closest property line of the parcel containing the proposed residential vacation rental.

(v)

A minimum of one water conservation sign shall be posted in each restroom and kitchen of the dwelling. Water conservation signs shall encourage occupants to reduce water usage by stating (a) the importance of conserving water in Los Osos and (b) ways in which occupants can reduce the amount of water used during the stay. Water conservation signs shall be created and posted utilizing County-approved language.

d.

Vacation rental tenancy. Rental of a residence shall not exceed four individual tenancies per calendar month. The first day of each tenancy determines the month assigned to that tenancy. No additional occupancy of the residence (with the exception of the property owner and private non-paying guests) shall

occur. A residential vacation rental shall only be used for the purposes of occupancy as a vacation rental or as a full time occupied unit. No other use (i.e.: home occupation, temporary event, homestay) shall be allowed on the site.

e.

Number of occupants allowed. The maximum number of occupants allowed in an individual residential vacation rental shall not exceed the number of occupants that can be accommodated consistent with the on-site parking requirement set forth in subsection i hereof, and shall not exceed two persons per bedroom plus two additional persons. The Zoning Clearance shall specify the maximum number of occupants allowed in each individual vacation rental.

f.

Appearance, visibility and location. The residential vacation rental shall not change the residential character of the outside appearance of the building, either by the use of colors, materials, lighting, or by the construction of accessory structures or garages visible from off-site and not of the same architectural character as the residence; or by the emission of noise, glare, flashing lights, vibrations or odors not commonly experienced in residential areas.

g.

Signs. Availability of the rental unit to the public shall not be advertised on site.

h.

Traffic. Vehicles used and traffic generated by the residential vacation rental shall not exceed the type of vehicles or traffic volume normally generated by a home occupied by a full time resident in a residential neighborhood. For purposes of this section, normal residential traffic volume means up to 10 trips per day.

i.

On-site parking required. All parking associated with a Residential Vacation Rental shall be entirely on-site, in the garage, driveway or otherwise out of the roadway, in accordance with subsection e., above. Tenants of Residential Vacation Rentals shall not use on-street parking at any time.

j.

Noise. All residential vacation rentals shall comply with the standards of Section 23.06.040 et seq. (Noise Standards). No residential vacation rental is to involve on-site use of equipment requiring more than standard household electrical current at 110 or 220 volts or that produces noise, dust, odor or vibration detrimental to occupants of adjoining dwellings. In addition, property owners and/or property managers shall insure that the occupants of the residential vacation rental do not create loud or unreasonable noise that disturbs others and is not in keeping with the character of the surrounding neighborhood. Loud and unreasonable noise shall be evaluated through field observations by a County Sheriff, County Code Enforcement or other official personnel, based upon a threshold of noise disturbance related to the residential vacation rental use that is audible from a distance of 50 feet from the property lines of the rental property.

k.

Local contact person. All residential vacation rentals shall designate a local property manager. The local property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. Where a property owner lives within the same urban or village area as the residential vacation rental, the property owner may designate themselves as the local contact person. All the requirements enumerated in this section shall continue to apply.

(1)

A notice shall be submitted to the Department of Planning and Building, the local Sheriff Substation, the main county Sheriff's Office; the local fire agency and supplied to the property owners within a 200 foot radius of the proposed residential vacation rental site. Distances shall be measured as a radius from the exterior property lines of the property containing the residential vacation rental unit. This notice shall state the property owner's intention to establish a residential vacation rental and shall include the name, address and phone number of the local contact person and the standards for noise, parking and maximum number of occupants. A copy of the notice, a form certifying that the notice has been sent and a list of the property owners notified shall be supplied to the Planning and Building Department at the time of application for the Zoning Clearance, Business License and Transient Occupancy Tax Certificate for the residential vacation rental.

(2)

The name, address and telephone number(s) of the local contact person shall be permanently posted in the rental unit in a prominent location(s). Any change in the local contact person's address or telephone number shall be promptly furnished to the agencies and neighboring property owners as specified in this subsection. In addition, the standards for parking, maximum occupancy and noise shall be posted inside the residential vacation rental unit and shall be incorporated as an addendum to the vacation rental contracts.

l.

Transient Occupancy Tax. Each residential vacation rental unit shall meet the regulations and standards set forth in Chapter 3.08 of the County Code, including any required payment of transient occupancy tax for each residential vacation rental unit. The Transient Occupancy Tax Certificate number shall be included in all advertising for the residential vacation rental.

m.

Effect on existing residential vacation rentals. If a Business License issued for a residential vacation rental, expires pursuant to Title 6 of the County Code, a new Zoning Clearance and Business License shall be required and shall be subject to all standards as set forth in this Section.

n.

Complaints. Complaints about possible violations of these standards should first be directed to the local contact person. If the local contact person is unavailable or fails to respond, the complaining party should contact the County Sheriff s Department (Dispatch). Sheriff Dispatch will attempt to reach the local contact

person. If Sheriff Dispatch is unable to reach the local contact person because the contact person is not available or because current contact information has not been provided to the Sheriffs Department, the Sheriffs Department shall inform County Code Enforcement staff.

During normal business hours, complaints may also be submitted to County Code Enforcement staff. County staff will attempt to reach the contact person or will visit the property as appropriate. Complaints about alleged violations shall be documented by a County Code Enforcement Officer. County staff shall prepare a written report which describes the nature of the violation, when it occurred and how it came to the attention of County officials. In some cases, a report may also be written by the Sheriff's deputy responding to the complaint.

o.

Violation - vacation rental. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section and to advertise a use that is in violation of this section. The penalties (including fines) and process for addressing a violation of this section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties for violation of this section may include revocation of the Zoning Clearance and Business License. Violations that will cause the processing of Zoning Clearance revocation include:

(1)

Failure to notify County staff when the contact person, or contact information, changes.

(2)

Violation of the residential vacation rental tenancy standards as set forth in Subsection d.

(3)

Violation of the residential vacation rental maximum occupancy, parking and noise requirements as set forth in Subsections e, i and j.

(4)

The inability of County staff or the Sheriff's Dispatch to reach a contact person.

(5)

Failure of the local contact person, or property owner, to respond the complaint.

Three verified violations of Subsection o, as determined by a County Planning and Building staff person, within any consecutive six month period, shall be grounds for revocation of the Zoning Clearance. Signed affidavits by members of the community may be used to verify violations. Revocation of the Zoning Clearance shall follow the same procedure used for land use permit revocation as set forth in Section 23.10.160 of the Coastal Zone Land Use Ordinance.

For purposes of this Section, "advertise" shall mean any form of communication, promotion, or solicitation in any medium including, but not limited to, print, signage, internet websites posts, intended to induce the

use of property in violation of this Section.

p.

Appeal of Permit Denial. An appeal of the denial of the Zoning Clearance permit requirement as set forth in Subdivision b. of this Section shall be heard by the Hearing Officer in accordance with the hearing procedures set forth in Section 23.10.030. The Minor Use Permit requirement for Los Osos shall be subject to the appeal process outlined in Section 23.01.042.

[Added 2003, Ord. 2933; Amended 2013, Ord. 3226]

[2020, Ord. 3432; 2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021 and Ord. No. 3432 July 14, 2022]

23.08.166 - Organizational Houses.

a.

Permit requirement. Development Plan approval.

b.

Minimum site area. 20,000 square feet in the Residential Suburban and Multi-Family categories; in other categories, as set forth in Section 23.04.020 (Minimum Parcel Size).

[Amended 1992, Ord. 2591; 1995, Ord. 2688]

Dwellings in the Agriculture land use category, including primary housing and farm support quarters are allowed accessory uses on the same site as an agricultural use, subject to the standards of this section. Such dwellings may include mobilehomes, subject also to the standards in Section 23.08.163 (Individual Mobilehomes).

a.

Limitation on dwelling location - prime soils. Primary family housing and farm support quarters shall not be located on prime agricultural soils unless there is no other building site on the ownership that is all of the following:

(1)

On other than prime soils;

(2)

Less than 20 percent in slope;

(3)

Not within a designated Flood Hazard Combining Designation.

b.

Primary housing: Except as otherwise provided by subsection a. above, a parcel in the Agriculture category may be used for one primary dwelling, as follows:

(1)

Permit requirements: Plot Plan approval. Additional dwellings are subject to the provisions of subsections c and d of this section (000000s).

(2)

Density: Primary dwellings in the Agriculture category are allowable at a ratio of one primary unit for each legal parcel, as defined in Chapter 23.11 (Definitions - Parcel). Two or more dwellings per legal parcel shall satisfy all provisions of subsections c. and d. of this section (Farm Support Quarters).

c.

Farm support quarters - Single family dwellings and mobilehomes: Includes farm or ranch housing for farm help or a caretaker employed on land in the same ownership as the housing. Farm support quarters are allowable in the Agriculture and Rural Lands categories only when the housing is in direct support of existing agricultural production activities on lands owned or leased by the farm housing owner, subject to the following standards:

(1)

Permit requirement: Plot Plan approval for the first farm support unit, Site Plan for subsequent units, or Minor Use Permit if the number of proposed farm support quarters exceeds the number of units permitted under the allowable density table in subsection (5) of this section, unless this title would otherwise require Minor Use Permit or Development Plan approval.

(2)

Application content: The application shall include explanation and documentation of the need for farm support quarters. The magnitude of existing agricultural activities to be supported by the proposed farm support quarters must be described, as well as the number of employees necessary to conduct the agricultural operations.

(3)

Criteria for approval: The applicant shall demonstrate that the number of employees for which housing is proposed is consistent with the allowable density table in subsection (5) of this section, or that a greater number of farm support quarters is necessary to support the existing agricultural activity. The demonstrations of necessity may be in the form of documentation of the number of employees previously used by the property owner in the agricultural operation, or by citing examples of employees used by other agricultural operations of similar size and products.

(4)

Status of residents: Occupancy of farm support quarters in the form of single family dwellings or mobilehomes is limited to the full-time employees and the spouse and children of full-time employees of agricultural or ranching operations conducted by the owner of the farm support housing, or lessor of the housing owner's acreage. Farm support quarters are not to be rented or leased to individuals other than farm help and their families. An agreement between the property owner and the county limiting occupancy to farm workers shall be executed and recorded prior to building permit issuance.

(5)

Density. Except as otherwise provided by subsections a or b above, the maximum allowable density of farm support quarters in the form of single family dwellings or mobilehomes is as follows:

Notes:

1.

Density of farm support quarters for other agricultural uses, or combinations of uses, may be determined by the Director of the Planning and Building Department to be equivalent to those specified in this table.

2.

Density of single family dwellings or mobilehomes as farm support quarters is based on the amount of agricultural activities occurring on the site, and unless authorized by Minor Use Permit or Development Plan

approval, the number of single family dwellings or mobilehomes established as farm support quarters cannot exceed one per 20 acres of site area or a total of 4 dwellings per site.

(6)

Sale of farm support quarters. The site of farm support quarters shall not be separated from contiguous property in the same ownership by sale or land division unless a Development Plan (Section 23.02.034) has been first approved, with the Planning Commission making the findings in subsections (i) and (ii) below, in addition to the findings in Section 23.02.034c(4) (Development Plan - Required Findings):

(i)

The proposed reduction of the total acreage of the ownership will not affect its continuing use as a productive agricultural unit; and

(ii)

The proposed reduction of the ownership size will not encourage population increases in the surrounding area incompatible with continuing agricultural operations.

(7)

Parking: Off-street parking must be provided at a ratio of one space per dwelling established as farm support quarters.

(8)

Mobilehomes. The use of a mobilehome for farm support quarters is to satisfy the standards of Section 23.08.163 (Individual Mobilehomes).

d.

Clustered units - reversion to acreage required. Where an ownership of multiple, legally-created lots of record is entitled to multiple dwellings pursuant to subsection c(5) of this section, the owner may group such dwellings on a single lot of the ownership rather than on each of the various lots entitled to the dwellings, provided that an approved reversion to acreage shall be obtained within six months of the effective date of the first land use permit for new housing, (and before issuance of a building permit), to consolidate with the building site all lots from which housing entitlements have been transferred. In the event that such reversion to acreage has not been obtained, the land use permit(s) for the housing shall become void.

e.

Farm Support Quarters - group quarters: The use of group quarters facilities such as dormitories or bunkhouses and mess halls for farm support quarters is allowable in the Agriculture and Rural Lands categories only when the farm housing is in direct support of existing agricultural production activities on the site and other lands within approximately five miles of the site, subject to the following standards:

(1)

Permit Requirement: Site Plan approval if the proposed group quarters incorporates pre-approved floor plans and architectural elevations provided by the Planning and Building Department and complies with the site design standards in the following subsections (4) through (7). Group quarters proposals which do not include such pre-approved plans and elevations or which do not meet one or more of the site design standards in the following subsections (4) through (7) may be authorized through Minor Use Permit approval, unless this title would otherwise require Minor Use Permit or Development Plan approval.

(2)

Application content: The application shall include explanation and documentation of the need for farm support quarters. The magnitude of existing agricultural activities on the site and within five miles of the site to be supported by the proposed farm support quarters must be described, as well as an estimate of the number of employees necessary to conduct the agricultural activities. This documentation may be in the form of letters from owners or operators of those agricultural activities.

(3)

Criteria for approval: The applicant shall demonstrate that the number of employees for which housing is proposed is consistent with the allowable density table in subsection e(7) of this section, or that more agricultural employees are necessary to support the existing agricultural activity. The demonstrations of necessity may be in the form of documentation of the number of employees previously used by the property owner in the agricultural operation, or by citing examples of employees used by other agricultural operations of similar size and products.

(4)

Setbacks: No part of the group quarters farm housing shall be closer than 50 feet to any street property line, 60 feet to any other property line, 40 feet to any other structure, or 75 feet to any barns, pens or other facilities for livestock or poultry, or 100 feet from the centerline of streams shown on USGS Topographic Maps with blue lines.

(5)

Parking: Off-street parking must be provided at a ratio of one space per four persons potentially housed in the group quarters. Parking areas shall be screened from public view by buildings, fences, landscaping or terrain features.

(6)

Minimum Site Area: 20 Acres.

(7)

Maximum Occupant Capacity: The maximum occupant capacity of a group quarters facility shall be set according to the amount of land in existing agricultural production within approximately five miles of the site, based on written statements from the owners or lessors of those lands. The maximum capacity of a group quarters facility, in terms of the number of persons potentially housed, shall not exceed the number of persons specified in the table below:

Notes:

1.

Density of farm support quarters for other agricultural uses, or combinations of uses, may be determined by the Director of the Planning and Building Department to be equivalent to those specified in this table.

2.

Density of group quarters facilities as farm support quarters is based on the amount of agricultural activities occurring on the site and within approximately five miles of the site, supported by letters from the owners or operators of those agricultural activities.

3.

Unless authorized by Minor Use Permit or Development Plan approval, the maximum occupant capacity of group quarters facilities as farm support quarters is limited to 20 persons.

(8)

Status of Residents: Occupancy of farm support group quarters is limited to the full-time or full-time seasonal employees and the spouse and children of full-time employees of agricultural or ranching operations. Farm support quarters are not to be rented to leased to individuals other than farm help and their families. An agreement between the property owner and the county limiting occupancy to farm workers shall be executed and recorded prior to building permit issuance.

(9)

Federal and State Requirements: Any farm support quarters accommodating five or more agricultural employees (not necessarily all employed by the owner of the farm support quarters) must also comply with applicable state and federal laws and regulations regarding construction, operation and occupants of the housing. The applicable laws and regulations include, but are not limited to, Part 20, Section 654 of the Code of Federal Regulations (20 CFR 654) and Section 17010 et seq. of the California Health and Safety Code, copies of which are available at the county Department of Planning and Building.

[Amended 1981, Ord. 2063; 1982, Ord. 2091; 1984, Ord. 2163; 1985, Ord. 2311; 1992, Ord. 2540; 1992, Ord. 2547; 1992, Ord. 2591; 1995, Ord. 2715]

A residential use identified as an allowable, S-8 use in the Recreation land use category by Coastal Table O, Part I of the Land Use Element is subject to the standards of this section, except for Caretaker Residences (see Section 23.08.161).

a.

Permit requirement.

(1)

Principal use. Multi-family units proposed as the principal use of a site in a Recreation category shall be authorized through Minor Use Permit approval, unless the provisions of Section 23.03.042, Table 3-A, regarding dwellings, would otherwise require Development Plan approval.

(2)

Secondary use. Residential units secondary to a commercial use allowed in the Recreation category are subject to the permit requirements of Section 23.03.040 for residential uses.

b.

Minimum site area and density. To be as required by Section 23.04.084 (Residential Density - Multi-Family Dwellings), or applicable Planning Area Standards of the Land Use Element.

[Amended 1995, Ord. 2715]

For the purposes of this chapter (i.e., 23.08.169 et. Seq.), all references to an "Accessory Dwelling" shall apply to both Accessory Dwellings Units ('ADUs') and Junior Accessory Dwelling Units (JADUs).

Accessory dwellings may be allowed, pursuant to this section, in addition to the primary residential use on a site, as allowed by Coastal Table "O" (Allowable Uses) in the Framework for Planning Excerpts—Coastal Zone. For the purpose of this Section, primary residential use shall mean a single-family dwelling or multifamily dwelling.

a.

Authority. Accessory dwellings are authorized by this title pursuant to the authority established by Sections 65852.2 et seq. of the California Government Code. Accessory dwellings that comply with the standards and regulations contained in this section shall be subject to ministerial review, without discretionary review or public hearing. In accordance with Government Code Sections 65852.2 et seq., where the standards of this Section conflict with other provisions of this Title, the standards of this Section control.

b.

Limitations on use.

(1)

Accessory unit only. Accessory Dwellings shall be accessory to the primary residential use and are considered residential accessory uses. Certificates of occupancy for accessory dwellings and junior accessory dwellings shall not be issued prior to the issuance of certificates of occupancy for the primary residential use.

(2)

Density. Accessory dwellings that conform to this Section shall be deemed to be a residential accessory use and shall not be considered to exceed the allowable density for the lot upon which it is located.

(3)

Nonconforming primary residential use. Subject to the requirements of this Section and in lieu of Section 23.09.030 (Nonconforming Buildings, Structures or Site Development), accessory dwellings in compliance with this Section may be established without the correction of nonconforming zoning conditions, provided that (1) the degree of nonconformity will not be increased and (2) no new nonconformities will be created or established.

(4)

Rental of accessory dwellings.

(i)

30 days or more. An accessory dwelling may be rented separately from the primary dwelling, but shall not be sold or otherwise conveyed separately from the primary dwelling.

(ii)

Less than 30 days. Rental of an entire accessory dwelling or portion of an accessory dwelling for less than 30 days shall be prohibited.

Exception. Rental of an entire accessory dwelling or portion of an accessory dwelling for less than 30 days may continue as approved if such use was approved prior to May 11, 2023.

(5)

Agriculture—Prime Soils and Agriculture—Non-Prime Soils Land Use Categories. Accessory Dwellings Must meet all applicable findings and requirements that pertain to single-family dwellings in the Agriculture - Prime Soils and Agriculture - Non-Prime Soils land use categories. Accessory Dwellings shall not be allowed on any site containing a guesthouse/home office established pursuant to Section 23.08.032.

c.

Limitations on location.

(1)

Excluded areas. Accessory Dwellings shall not be allowed within the following areas:

(i)

Tract or parcel map conditions. Any parcel within a tract or parcel map that contains conditions prohibiting accessory dwellings.

(ii)

Regional Water Quality Control Board exclusion. All areas of the county where the Regional Water Quality Control Board has issued a notice of resource constraint through moratoria or other means.

(iii)

Within the Cambria Community Services District boundary (see Figure 3-3 of the North Coast Area Plan).

(iv)

Within the Los Osos Groundwater Basin boundary and/or within the Los Osos Groundwater Basin Plan Area, as shown in the figure below titled "Maps of Areas within the Los Osos Groundwater Basin boundary and/or within the Los Osos Groundwater Basin Plan Area.

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Maps of Areas within the Los Osos Groundwater Basin boundary and/or within the Los Osos Groundwater Basin Plan Area

d.

Permit requirement. Plot Plan approval is required in all areas where Accessory Dwellings are allowed. For an accessory dwelling meeting the definition of appealable development pursuant to Coastal Zone Land Use Ordinance Section 23.01.043(c), a public hearing is not required. Instead, a notice shall be filed in accordance with Coastal Zone Land Use Ordinance section 23.02.070(b). The notice shall be provided to all property owners within 300 feet of the subject property and to all residents within 100 feet. In addition to the items listed in 23.02.070(b), the notice shall state that the project may be appealed to the California Coastal Commission. Nothing in this section shall exempt accessory dwellings from meeting any applicable Local Coastal Plan policies. Notice of Final County Action is required in accordance with Coastal Zone Land Use Ordinance section 23.02.036.

e.

Establishment of accessory dwellings. A lot or parcel shall be limited to establishing accessory dwelling(s) in accordance with Subsections g, h, i, j, or k. Only one (1) of the accessory dwelling developments described in the five (5) Subsections (g, h, i, j, or k) may be established on a single lot or parcel. To establish accessory dwelling(s) in accordance with Subsections g, h, i, j, or k, all standards of the respective Subsection shall be satisfied. The standards of Subsections g, h, i, j, or k shall not be combined or interchanged. All other provisions of this Section, including parking standards under Section 23.08.169(l), shall apply to all accessory dwelling developments.

f.

Sites served by onsite wastewater treatment systems. Sites served by onsite wastewater treatment systems shall satisfy all applicable provisions of Title 19 of this code for onsite wastewater treatment system design and performance prior to the establishment of any accessory dwelling.

g.

Standards to establish one (1) accessory dwelling on a lot with an existing single-family dwelling. The following apply to all land use categories where accessory dwellings are allowed.

(1)

Size of accessory dwelling.

(i)

Maximum size of accessory dwelling. 1,200 square feet, including attics greater than six feet in height, unconditioned storage spaces, and lofts.

(ii)

Minimum size of accessory dwelling. Efficiency unit, as defined in Section 17958.1 of the California Health and Safety Code.

(2)

Driveways. The driveways serving the primary residential use and accessory dwelling shall be combined where possible. An adjustment may be granted in compliance with Section 23.01.044 if combining driveways is hindered by a physical site constraint, would result in grading on slopes over 15 percent or would require the removal of oak trees or other native trees.

(3)

Within urban and village reserve lines:

(i)

When an accessory dwelling is attached to the primary dwelling, the entrances shall be designed:

a.

to maintain the character of a single-family dwelling;

b.

to avoid changing the appearance of the primary dwelling to resemble a duplex.

(ii)

An accessory dwelling shall have independent exterior access separate from the primary dwelling. The entrance to an attached accessory dwelling shall not be located on the same building face as the entrance to the primary dwelling.

(4)

Setbacks.

(i)

Detached accessory dwellings. Detached accessory dwellings shall comply with the same setback requirements pertaining to distance from property lines or alleys for residential accessory buildings and structures in Section 23.04.100 - 23.04.118 (Setbacks), however, minimum setback requirements for detached accessory dwellings shall not exceed four (4) feet from side and rear lot property lines.

(ii)

Attached accessory dwellings. Attached accessory dwellings shall comply with the setback requirements of the primary residential use.

(iii)

Exception. No additional setback shall be required for accessory dwellings or portions of accessory dwellings constructed in the same location and to the same dimensions of a permitted existing structure.

h.

Standards to Establish One (1) Accessory Dwelling or Junior Accessory Dwelling within a Proposed SingleFamily Dwelling or Existing Structure. The following apply to all land use categories where accessory dwellings are allowed.

(1)

The accessory dwelling or junior accessory dwelling will be completely within the (1) proposed space of a single-family dwelling, (2) existing space of a single-family dwelling, or (3) existing space of an accessory structure.

(2)

The existing accessory structure to be converted to an accessory dwelling may be expanded by a maximum of 150 square feet. Such expansion shall only be permitted to accommodate ingress and egress.

(3)

The space for an accessory dwelling or junior accessory dwelling has exterior access separate from the proposed or existing single-family dwelling.

(4)

The side and rear setbacks are sufficient to satisfy fire and safety requirements.

(5)

The junior accessory dwelling complies with the requirements of Government Section 65852.22.

(6)

The maximum size of the accessory dwelling shall not exceed 1,000 square feet.

i.

Standards to Establish One (1) Detached, New Construction, Accessory Dwelling and one (1) Junior Accessory Dwelling on a Lot with a Single-Family Dwelling. The following apply to all land use categories where accessory dwellings are allowed.

(1)

The lot contains a proposed or existing single-family dwelling.

(2)

The maximum size of the detached accessory dwelling shall not exceed 800 square feet.

(3)

The maximum height of the detached accessory dwelling shall not exceed 16 feet.

(4)

The minimum side and rear setbacks of the detached accessory dwelling shall be four (4) feet.

(5)

The junior accessory dwelling complies with the requirements of Subsection h pertaining to junior accessory dwelling.

j.

Standards to Establish Multiple Accessory Dwellings within an Existing Multi-Family Dwelling. The following apply to all land use categories where accessory dwellings are allowed.

(1)

Accessory dwellings shall be established completely within portions of existing multi-family dwelling structures that are not used as livable spaces, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each accessory dwelling complies with the building standards for dwellings.

(2)

A minimum of one (1) accessory dwelling in accordance with this Subsection shall be allowed.

(3)

The number of accessory dwellings allowed shall not exceed 25 percent of the existing multi-family dwelling units.

(4)

The maximum size of the accessory dwelling(s) shall not exceed 1,000 square feet.

k.

Standards to Establish Two (2) or Less Detached Accessory Dwellings on a Lot with an Existing MultiFamily Dwelling. The following apply to all land use categories where accessory dwellings are allowed.

(1)

The maximum height of the accessory dwellings shall not exceed 16 feet.

(2)

The minimum side and rear setbacks of the detached accessory dwelling(s) shall be four (4) feet.

(3)

The maximum size of the accessory dwelling(s) shall not exceed 1,000 square feet.

l.

Off-Street Parking. The off-street parking standards for Accessory Dwellings are as follows (these standards do not affect the amount of required off-street parking spaces for the primary residential use):

(1)

Development within the designated areas shown in LCP Figure "Coastal Zone ADU Parking Required."

(i)

One off-street parking shall be required for each accessory dwelling.

(ii)

All off-street parking requirements associated with all other residential uses on the site shall be satisfied onsite, including replacement parking spaces if any parking spaces are removed to accommodate an accessory dwelling or junior accessory dwelling.

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Avila Beach URL Coastal Zone ADU - Parking Required Area

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Cayucos URL Coastal Zone ADU - Parking Required Area 1

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Cayucos URL Coastal Zone ADU - Parking Required Area 2

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Cayucos URL Coastal Zone ADU - Parking Required Area 3

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Cayucos URL Coastal Zone ADU - Parking Required Area 4

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Oceano URL Coastal Zone ADU - Parking Required Area

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San Simeon URL Coastal Zone ADU - Parking Required Area

(2)

Parcels not within the designated areas shown in LCP Figure "Coastal Zone ADU - Parking Required."

(i)

Zero off-street parking spaces shall be required for each accessory dwelling.

(ii)

Off-street parking spaces for the primary residential use shall be maintained. However, off-street parking spaces for the primary residential use that are demolished or converted in conjunction with the establishment of an accessory dwelling or junior accessory dwelling are not required to be replaced.

[Amended 1992, Ord. 2570; 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740; 2006, Ord. 3098; 2017, Ord. 3353]

[Amended 2020, Ord. 3410]

This chapter sets special standards for resource extraction activities including oil, gas and geothermal wells, surface mining and reclamation, and underground mining, where such uses are designated S-9 by Coastal Table O, Part I of the Land Use Element. These standards are organized as follows:

23.08.178 Water Wells and Impoundments

23.08.180 Surface Mining and Reclamation

23.08.185 Public Records

23.08.186 Annual Review

23.08.190 Underground Mining

[Amended 1995, Ord 2715]

The purpose of these sections is to provide reasonable regulations for the extraction and development of onshore petroleum and other subterranean resources in San Luis Obispo County, including but not limited to exploration, production, storage, processing, transportation, and disposal of petroleum and other hydrocarbons and of any operations accessory thereto. The provisions of these sections are intended to supplement regulations administered by the California State Division of Oil and Gas, to address particular problems in San Luis Obispo County which do not apply generally throughout the state. Such problems include a limited water supply for agricultural and domestic uses in a county that depends heavily on agriculture and tourism for its economic welfare. The fresh water supply must be fully protected from pollution by petroleum operations.

A drilling permit shall be obtained to authorize wells for extraction of oil, gas, geothermal steam or any other subterranean resource except water, whether for purposes of exploration or production. (Water wells are instead subject to the provisions of Section 23.08.178 of this chapter and Chapter 8.40 of this code.)

Such operations shall be conducted in accordance with the standards in Sections 23.08.173 through 23.08.174. Exploratory wells are those drilled to explore for subterranean resources, including verifying their location, extent, or determining the feasibility of commercial extraction. Production wells are permanent installations for the extraction and preparation for transportation of a proven resource. (Note: The extraction of petroleum from oil sands or shales by any method other than wells is subject to the standards of Sections 23.08.180 through 23.08.187 for surface mining operations).

[Amended 1992, Ord. 2591]

A drilling permit shall be obtained to authorize wells for the extraction of oil, gas, geothermal steam or any other subterranean resource except water (water wells are instead subject to Section 23.08.178 of this chapter and chapter 8.40 of this code), whether for purposes of exploration or production, as follows:

a.

Exploratory well permit. Exploratory wells are those drilled to explore for subterranean resources, including verifying their location, extent, or determining the feasibility of commercial extraction.

(1)

Minor Use Permit approval is required for an exploratory resource extraction well, except as provided by subsection a(2) of this section.

(2)

Development Plan approval is required where drilling is proposed:

(i)

Within an urban or village reserve line;

(ii)

Within the Residential Suburban land use category;

(iii)

Within a Sensitive Resource Area;

(iv)

When exploration for, or extraction of any resource other than oil, gas or geothermal steam is proposed.

b.

Production well permit. Production wells are permanent installations for the extraction and preparation for transportation of a proven resource.

(1)

Development Plan approval is required for establishing any new oil field, other resource extraction production area, or to reopen a field that has been unused for 12 months or more, that involves single or multiple wells and related facilities.

(2)

Minor Use Permit approval is required where an additional well is proposed in an existing oil field, as identified by the California Department of Conservation, Division of Oil and Gas.

c.

Application content. In addition to the information required for applications by Chapter 23.02, (Permit Applications) drilling permit applications are to also describe:

(1)

Location and dimensions of wells, well pads and earthen sumps, location of roads and associated improvements (including housing), locations of any pipelines or storage tanks and pump facilities.

(2)

Identification of the type of drilling equipment (e.g. portable or fixed) intended to be used in the drilling activities.

(3)

When landscaping plans are required by Chapter 23.02, they shall include measures proposed for screening producing wells and permanent equipment from the view of public roads or residential uses, revegetation of all cut and fill banks, and restoration of disturbed areas of the site not directly related to oil and gas production.

(4)

Proposed erosion control measures.

(5)

All development associated with the proposed well and associated facilities and how that development complies with the standards of this title.

(6)

If another public agency must also approve the proposed facility, the applicant shall also provide:

(i)

A brief description of the nature and scope of the requirements of that agency, including the agency's procedures for acting on the proposed use.

(ii)

A schedule for applications and approvals for actions by other responsible agencies.

(iii)

A copy of all necessary state and federal permits and associated conditions of approval issued by the agencies listed prior to the submittal of the application.

(7)

An applicant may incorporate by reference any information developed or submitted in any other application, provided the applicant submits a copy or summary of the referenced material, identifies the permitting process in which it was submitted and the outcome of that permitting process, and explains the relevance of the information to the approval standards of this title.

[Amended 1992, Ord. 2591]

23.08.174 - Development Standards for Resource Extraction Wells.

The following standards apply to all resource extraction wells:

a.

Bonding. Performance guarantees to assure compliance with applicable provisions of this title, conditions of approval and other applicable regulations, shall be provided as follows:

(1)

Single Bonds. Following approval of a drilling permit and prior to any work on the proposed drilling site, the applicant is to post a surety bond in the sum of $5000 per well, in favor of the county, that the applicant (who shall be named in the bond) shall faithfully comply with all applicable conditions, restrictions, and requirements of this Title and, any conditions required by the applicable review authority, APCD regulations, and any conditions of approval in drilling or redrilling and maintaining all surface production facilities as required by this title, or APCD regulations and conditions of approval, until abandonment of such facilities pursuant to this title. The bond shall secure the San Luis Obispo County against all expenses incurred on account of any failure of the applicant to comply with the provisions of this title, APCD regulations and any conditions of approval. The bond shall include the correct name or number of the well and such other information as may be necessary to readily identify the well. Such guarantee is in addition to any bond required by the state.

b.

Site development.

(1)

Roads and access. Roadwork and grading for drillsite preparation shall be limited to that necessary for site access and shall be designed and orientated to minimize cut and fill slopes and removal of vegetation. Roads shall be maintained in a dust-free condition by periodic watering or by compacted surfacing. A

grading permit may be required for drillsite access roads and site preparation, as determined by Section 23.05.020 (Grading).

(2)

Clearing and Revegetation. The land area exposed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil shall be stripped and stored separately. Disturbed areas no longer required for production will be regraded, covered with topsoil and replanted during the next appropriate season.

(3)

Well locations. A well hole, derrick or tank shall not be placed closer than 100 feet of any residence, or closer than 25 feet from any public road, street or highway.

(4)

Drilling within a community. The following standards apply to drilling operations within urban or village reserve lines or Residential Suburban land use categories:

(i)

Portable rig required. Drilling operations shall utilize portable drilling apparatus only, which shall be removed from the site within five calendar days from completion of drilling.

(ii)

Hours of operation. Drilling operations may continue uninterrupted once started. Delivery of materials, equipment, tools or pipe shall occur only between the hours of 7 a.m. and 9 p.m., or such other hours as the Planning Commission may establish, except in case of emergency.

(5)

Sumps and waste disposal. All waste substances such as drilling muds, oil, brine, or acids produced or used in connection with oil drilling operations or oil production shall be retained in watertight receptors, from which they can be piped or hauled for terminal disposal in a dumping area specifically approved for such disposal by the Regional Water Quality Control Board. The use of unprotected earthen sumps is prohibited except during drilling operations. Any allowed sump located within view of any public street or within 1,000 feet of any residence is to be enclosed with a fence not less than five nor more than 10 feet in height, mounted on steel posts with not less than three strands of barbed wire around the top, except when an earthen sump is under continuous supervision and use during drilling operations. Fencing is to be constructed of woven wire fencing or equivalent of not greater than six inch mesh.

(6)

Fire protection. Fire fighting apparatus and supplies, approved by the county Fire Department shall be maintained on the site at all times during drilling and production operations.

(7)

Completion of drilling. The applicant shall notify the Planning Director within 10 days after completion or abandoning the facility. Within 30 days after completion or abandonment of an exploratory or production well, all derricks, other drilling apparatus and equipment, including any earthen sumps, are to be removed from the site and the sumps filled, except as provided in subsection b(3) of this section, for drilling in urban areas. After completion of drilling, any necessary servicing or maintenance of wells may utilize portable derricks, if needed.

c.

Well operation and site maintenance.

(1)

Landscaping. Within 30 days after the completion of the drilling of a producing well within view of any public street or any residence, production equipment is to be screened, and the entire extraction site, including disturbed areas not directly related to the extraction are to be revegetated and thereafter maintained as shown on the approved landscaping plan. This requirement is not applicable in Agriculture and Rural Lands categories outside of urban and village reserve lines.

(2)

Site maintenance. The drillsite, permanent equipment and approaches to the site are to be kept in a clean, neat appearing condition free from debris, other than necessary and incidental drilling equipment and supplies. The site shall be maintained so as to prevent any accumulation of oil, oil products, or oil-coated boards, materials or equipment which might cause fumes or odors detrimental to adjoining property.

(3)

Storage tanks. Oil storage tanks erected or maintained on the premises are to be removed no later than 180 days after the first well on the site is completed except where located as part of a permanent tank battery authorized through Development Plan approval. Oil produced thereafter is to be transported from the drilling site by means of an underground pipeline connected directly with the producing pump without venting to the atmosphere at the drilling site. This requirement is not applicable in Agriculture and Rural Lands categories outside urban and village reserve lines.

(4)

Parking and loading. All parking and loading activities related to well drilling or production are to occur onsite.

(5)

Signing. Only directional, instructional and warning signs, and signs required for identification of a well may be placed on the premises.

(6)

Operating wells. Pumping wells are to be operated by electric motors or muffled internal combustion engines. Pumping units within urban or village reserve lines or Residential Suburban land use categories

are to be installed within pits or above-grade structures which screen all mechanical equipment from the view of public roads or adjoining properties and which reduce noise generated by pumping equipment to within the limits specified by Section 23.06.040 (Noise Standards).

(7)

Violations. If the facility is operated in a manner that violates the standards or conditions of this section or any other required permit, the applicant shall:

(i)

Immediately stop, contain, or correct the unauthorized action or inaction.

(ii)

Within 30 days of the violation, inform the Planning Director in writing about the cause of the violation, its effects, and corrective action the applicant took in response to the violation and proposes to take to prevent a reoccurrence of the violation or its cause.

d.

Periodic inspection. All active wells will be inspected annually by the department of planning and building. The applicant shall pay the costs of such inspections pursuant to the county fee ordinance.

e.

Well abandonment. The abandonment of an oil well, shall occur as follows:

(1)

All production and processing facilities related to the well shall be removed from the site unless they have been approved for use with another adjacent well.

(2)

The well site and surroundings affected by drilling operations shall be restored, including recontouring as necessary, and revegetated to achieve a natural-appearing condition which will approximate their original vegetative and topographic state.

(3)

The applicant shall notify the Planning Director within 10 days after abandoning the well and associated facilities.

(4)

The requirements of title 7.04 of this code shall be complied with.

(5)

The applicant shall report the well abandonment as required to the California Department of Conservation, Division of Oil and Gas, and the applicant shall provide the Director of Planning and Building a copy of the response received from the division of oil and gas regarding completion of abandonment in accordance with their requirements.

Water wells and surface water impoundments including constructed ponds, lakes or reservoirs are subject to the provisions of this section.

a.

Permit requirement. Water Wells and Impoundments that are appealable to the Coastal Commission pursuant to Section 23.01.043 of this Title require approval of a Minor Use Permit, unless a Development Plan is otherwise required. All water wells are also subject to the requirements of Section 8.40 of this code. Non-appealable development shall be as follows:

(1)

Wells. Plot Plan and as set forth in Chapter 8.40 of this code.

(2)

Impoundments. Plot Plan approval unless another permit is otherwise required by Chapter 23.03 of this title.

b.

Well monitoring required. In some areas of the Coastal Zone groundwater is limited and extraction must be monitored to satisfy the requirements of the California Coastal Act. All water well permit applications within the Coastal Zone shall be reviewed by the County Engineer to determine if participation in a water monitoring and management program is necessary to assure maintenance of a safe and adequate groundwater supply. The manner in which a permit applicant shall participate in the monitoring program, including the frequency and type of reporting shall be determined by the County Engineer.

[Amended 1992, Ord. 2591]

Surface mining operations include the processes of removing overburden and mining directly from mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. In addition, surface mining operations include, but are not limited to: Inplace distillation, retorting or leaching; the production and disposal of mining waste; prospecting and exploratory activities; borrow pitting, streambed skimming, segregation, recovery, and stockpiling of mined materials; and extractions of natural materials for building, construction.

a.

Purpose and intent. These sections are adopted as required by the California Surface Mining and Reclamation Act of 1975 (SMARA) (Section 2207 and 2710 et seq. of the Public Resources Code and Chapter 8, Title 14, California Code of Regulations, Section 3500 et seq.). The purpose of these sections is the regulation of surface mining and related mineral extraction operations within the county. The intent is to provide for reclamation of mined lands, prevent or minimize adverse environmental effects and safety hazards, and provide for the protection and subsequent beneficial use of mined and reclaimed lands. Because surface mining occurs in areas diverse in environmental and social conditions, reclamation operations and specifications may vary accordingly.

b.

Surface mining operations - permit and reclamation plan required. No person shall conduct surface mining operations unless a permit, financial assurances, and reclamation plan have first been approved by the county for such operations, except as otherwise provided here.

c.

Exceptions: The provisions of Sections 23.08.181 through 23.08.192 are not applicable to:

(1)

Excavations or grading conducted for farming or on-site construction, or to restore land following a flood or natural disaster when the excavation is conducted only on the land directly affected by disaster.

(2)

Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one site of one acre or less, provided:

(i)

A grading permit is required for such exploration pursuant to Section 23.05.020 (Grading); and

(ii)

Each such site is restored to a natural appearing or otherwise usable condition to the approval of the Director of Planning and Building upon completion of exploration.

(3)

Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden, or cover more than one acre in any one site. (This does not exempt the owner from obtaining a Grading Permit if required by Section 23.05.020 (Grading)).

(4)

The solar evaporation of sea water or bay water for the production of salt and related minerals.

(5)

Other mining operations categorically identified by the State Board pursuant to Sections 2714(d) and 2758(c), California Surface Mining and Reclamation Act of 1975.

d.

Conflicting provisions. Where any conflicts arise as to materials, methods, requirements, and interpretation of different sections between this chapter, and Section 23.05.020 (Grading), the most restrictive shall govern.

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

The state guidelines for surface mining and reclamation practices contained in the Surface Mining and Reclamation Act of 1975 (SMARA) Section 2207 and 2710 et seq. of the Public Resources Code and Chapter 8, Title 14, California Code of Regulations, Section 3500 et seq. are incorporated into this chapter as though they were set fully forth here, excepting that when the provisions of this chapter are more restrictive than conflicting state sections, this chapter shall prevail, and are the minimum acceptable practices to be followed in surface mining operations.

[Amended 1995, Ord. 2715]

23.08.182 - Permit Requirements for Surface Mining.

a.

New surface mining operations. Development Plan approval shall be obtained before starting any surface mining operations as defined in this chapter, except as provided in subsection b of this section. New mines shall be limited to a maximum of one operator per site, and such operator shall take full responsibility for reclamation per Section 23.08.184.

b.

Existing surface mining operations. A person who has obtained a vested right to conduct a surface mining operation before January 1, 1976, need not secure a permit as required by subsection a, as long as the vested right continues and there are no substantial changes. All operations are required to have an approved Reclamation Plan and Financial Assurances per Sections 23.08.183 and 23.08.184. Provided, however, that Development Plan approval is also required if an existing mine is changed by increasing the on-site processing capabilities of the operation or by changing the method of mining (i.e. from mechanical to hydraulic technology), or the mine is expanded beyond the external boundaries of the original surface mining site.

c.

New operations on a reclaimed site. The resumption of surface mining operations on a site where reclamation was previously completed shall only occur pursuant to the approval of a new Development Plan and Reclamation Plan.

d.

Vested right defined. For the purposes of surface mining operations only, a person is deemed to have a vested right if, prior to January 1, 1976, he has in good faith and in reliance upon a permit or other authorization, if a permit or other authorization was required, diligently commenced surface mining operations and incurred substantial costs for work and materials necessary therefor. Expenses incurred in obtaining an amendment to the Land Use Element, or the issuance of a permit to establish or expand a mine, are not deemed costs for work or materials.

e.

Surface mining permit review procedure. The Department of Planning and Building will review the permit application and the reclamation plan for accuracy and completeness, and coordinate review of the application and plan with the State Department of Conservation and other agencies. A public hearing will be scheduled after the filing of both the permit application and the reclamation plan. The public hearing will be held pursuant to Section 23.01.060. The purpose of the hearing will be to consider the applicant's request and to approve, conditionally approve or disapprove the issuance of a permit and reclamation plan for the proposed surface mining operation. Approval or conditional approval may be granted only upon making the findings that the application and reclamation plan or amendments to reclamation plan and reports submitted:

(1)

Adequately describe the proposed operation in sufficient detail and comply with applicable state mandated requirements of SMARA;

(2)

Incorporate adequate measures to mitigate the probable significant adverse environmental effects and operational visual effects of the proposed operation;

(3)

Incorporate adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas;

(4)

Show proposed uses which are consistent with the county general plan; and

(5)

Demonstrate that the uses proposed are not likely to cause public health or safety problems.

In addition, when any significant environmental impact has been identified, the findings mandated by the Public Resources Code shall be made.

[Amended 1992, Ord. 2584; 1995, Ord. 2715]

23.08.183 - Reclamation Plan.

a.

When required.

(1)

Proposed surface mining operations. Approval of a reclamation plan shall be obtained before starting any proposed surface mining operation for which a permit is required by Section 23.08.182.

(2)

Active surface mining operations.

(i)

No later than July 5, 1980, any person who is presently conducting surface mining operations under a vested right obtained before January 1, 1976, shall file with the Planning Department a reclamation plan for all operations conducted and planned after January 1, 1976. Provided, however, that a reclamation plan need not be filed if:

(a)

A reclamation plan was approved by the county before January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan; or

(b)

The owner/operator files a letter with the Planning Department stating that the mine is being temporarily deactivated, and agreeing to file a reclamation plan as set forth in subsection a(3) of this section before resuming operations; or

(c)

Surface mining operations were completed before January 1, 1976.

(ii)

In the case of surface mining operations physically conducted and operated by San Luis Obispo County agencies in support of county projects, the county agency shall file the required reclamation plan, which shall be reviewed as described below in 23.08.183(b, c & d), subject to the other provisions of this chapter.

(3)

Temporarily deactivated surface mining operations:

(i)

Within 90 days of a surface mining operation becoming idle, the operator shall submit an interim management plan to the department. "Idle" is defined as curtailing for a period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date. The interim management plan shall be processed as an amendment to the Reclamation Plan, but shall not be

considered a project for the purposes of environmental review. The plan shall provide measures which the operator will implement to maintain the site in compliance with this ordinance, SMARA, and all conditions of the Development Plan and/or Reclamation Plan.

(ii)

Within 60 days of receipt of the interim management plan, or a longer period mutually agreed upon by the Department of Planning and Building and the operator, the plan shall be reviewed by the department. During this time period, the plan will either be approved by the Review Authority or the operator shall be notified in writing of any deficiencies in the plan or additional information needed to review the submittal. The operator shall have 30 days, or a longer period if mutually agreed upon, to submit the revised plan or additional information. The Review Authority shall approve or deny the revised interim management plan within 60 days of receipt of a plan that has been determined to be complete by the department. If the plan is denied by the Review Authority, it may be appealed as described in 23.01.042.

(iii)

The interim management plan may remain in effect for a period not to exceed five years, at which time the operator may apply to renew the plan for one more period not to exceed five years. The renewal shall be processed as an amendment to the Reclamation Plan and, prior to approval, the Review Authority must find that the operator has complied with the previously approved plan. The Review Authority may then either approve the renewal or require the operator to commence reclamation in accordance with its approved Reclamation Plan. In any event, the required financial assurances, sufficient to reclaim a mine in accordance with the Reclamation Plan, shall remain in effect during the period the surface mining operation is idle. If the surface mining operation is still idle after expiration of its interim management plan, reclamation shall commence in accordance with its approved Reclamation Plan.

(iv)

The owner/operator of a surface mining operation for which a vested right was obtained before January 1, 1976, and which is temporarily deactivated on the effective date of this Title shall, prior to reactivation, receive approval of a Reclamation Plan for operations to be conducted after January 1, 1976. Failure to receive approval of a reclamation plan before reactivating a temporarily deactivated operation shall create a presumption of termination of the vested right and surface mining operations shall be prohibited unless a new Surface Mining Permit is approved.

b.

Reclamation plan filing and content. The filing and content of all reclamation plans shall be in accordance with the provisions of this chapter and as further provided in Section 2770 et seq. of the Public Resources Code. All applications for a reclamation plan shall be made on forms provided by the county Department of Planning and Building, and as called for by the Public Resources Code. The plan shall be prepared by a registered civil engineer, licensed landscape architect, state-registered geologist or forester, or other qualified professional approved by the Director of Planning and Building.

(1)

Reclamation Standards: The proposed plan shall include detailed and verifiable provisions adequate to determine compliance with the minimum SMARA performance standards for reclamation as described in Section 3500 et seq. of the California Code of Regulations. The plan shall include provisions for, but shall not be limited to, the following:

(i)

wildlife habitat;

(ii)

backfilling, regrading, slope stability, and recontouring;

(iii)

revegetation;

(iv)

drainage, diversion structures, waterways, and erosion control;

(v)

agricultural land reclamation;

(vi)

building, structure, and equipment removal;

(vii)

stream protection, including surface and groundwater;

(viii)

topsoil salvage, maintenance, and redistribution;

(ix)

tailing and mine waste management.

(2)

Phasing of Reclamation: Proposed plans shall include a reclamation phasing schedule where appropriate, which is consistent with the phasing of the mining operation. Reclamation shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation measures may also be required for areas that have been disturbed and will be disturbed again in future operations. The phasing schedule shall include the following minimum components:

(i)

the beginning and expected ending dates for each phase;

(ii)

a clear description of all reclamation activities;

(iii)

criteria for measuring completion of each specific activity;

(iv)

estimated costs for each phase of reclamation as described in Section 23.08.184.

(3)

Visual Resources. The reclamation plan shall, to the extent feasible, provide for the protection and reclamation of the visual resources of the area affected by the mining operation. Measures may include, but not be limited to, resoiling, recontouring of the land to be compatible with the surrounding natural topography, and revegetation and the end use or uses specified by the landowner. Where the mining operation requires the leveling, cutting, removal, or other alteration of ridgelines on slopes of twenty percent or more, the reclamation plan shall ensure that such mined areas are found compatible with the surrounding natural topography and other resources of the site.

c.

Notification of Department of Conservation (state). The state will be notified within 30 days of the filing of all permit applications and reclamation plans. The state shall have 45 days to prepare written comments prior to any final action taken by the Review Authority. Any comments provided will be evaluated and a written response describing the disposition of the major issues will be included in the staff report. When the Review Authority's position is different from the recommendations and/or objections raised in the state's comments, the staff report shall describe in detail why specific comments and suggestions were not accepted.

d.

Reclamation plan review procedure. The Department of Planning and Building will review the reclamation plan for accuracy and completeness, and coordinate review of the plan by other agencies. It will be processed following the procedure as described in Section 23.02.033 (Minor Use Permit), including the environmental review process and a subsequent public hearing. A reclamation plan will be accepted for review only when the Director of Planning and Building has determined that the surface mining operation was established in accordance with legal requirements applicable at the time of its establishment. Such determination shall be based upon information submitted by the applicant, relevant county records, or a Certification of Vested Right previously issued by the county. Approval or conditional approval of a reclamation plan may be granted only upon making the finding that the reclamation plan or amendments thereto:

(1)

Adequately describes the proposed operation in sufficient detail and complies with applicable requirements of SMARA;

(2)

Incorporates adequate measures to mitigate the probable significant adverse environmental effects of the proposed operation;

(3)

Incorporates adequate measures to restore the site to a natural appearing or otherwise usable condition compatible with adjacent areas, and to a use consistent with the General Plan. Where a significant environmental impact has been identified, all findings mandated by the Public Resources Code shall be made.

e.

Amendments: Amendments to an approved reclamation plan can be submitted to the county at any time, detailing proposed changes from the original plan. Such amendments are to be filed with, and approved by the county using the same procedure required for approval of a reclamation plan by subsection d of this section.

[Amended 1995, Ord. 2715]

Appropriate security or guarantees shall be provided by the applicant to ensure proper implementation of the reclamation plan as required by the Public Resources Code, as a condition of issuance of a permit and/or approval of a reclamation plan. The guarantee may be in the form of a surety bond, trust fund, irrevocable letter of credit, or other financial assurance mechanisms acceptable and payable to the county and the State Department of Conservation (beneficiaries must be stated as "County of San Luis Obispo or Department of Conservation") and consistent with the procedure described in Section 23.02.060 (Guarantees of Performance). The amount of financial assurances shall be determined and processed as follows:

(1)

The applicant shall provide estimated total costs of reclamation and maintenance for each year or phase as approved in the Reclamation Plan. Cost estimates shall be prepared by a licensed civil engineer, licensed landscape architect, state-registered forester, mining operator, or other qualified professionals retained by the operator and approved by the Director of Planning and Building. In estimating the costs, it shall be assumed without prejudice or insinuation that the operation could be abandoned by the operator and, consequently, the county or state may need to contract with a third party to complete reclamation of the site. Cost estimates shall include, but not be limited to, labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a third party.

(2)

Two copies of the cost estimates, including documentation of the calculations, shall be submitted to the Director of Planning and Building for concurrent review by the county and the state. One copy will be transmitted to the State Department of Conservation for their review. The state shall have 45 days to prepare written comments regarding consistency with statutory requirements prior to any final action taken by the county. When the director's position is different from the recommendations and/or objections raised in the state's comments, the county will prepare a written response describing in detail why specific comments and suggestions were not accepted. Upon notification of approval of the financial assurances, the applicant will have 30 days to return a completed performance agreement and valid financial assurance mechanism to the Director of Planning and Building.

(3)

The amount of the financial assurance will be reviewed as part of the annual review of the operation by the county to determine if any changes are necessary. Where reclamation is phased in annual increments, the amount shall be adjusted annually to cover the full estimated costs for reclamation of any land projected to be in a disturbed condition from mining operations by the end of the following year. The estimated costs shall be the amount required to complete the reclamation on all areas that will not be subject to further disturbance, and to provide interim reclamation, as necessary, for any partially excavated areas in accordance with the approved Reclamation Plan. Financial assurances for each year shall be reviewed upon successful completion of reclamation (including maintenance) of all areas that will not be subject to further disturbance and adjusted as necessary to provide adequate assurances for the following year. Prior to county approval, any amendments or changes to an existing financial assurance will be submitted to the state for its review.

(4)

If a mining operation is sold or ownership is transferred to another person, the existing financial assurances shall remain in force and shall not be released by the lead agency until new financial assurances are secured from the new owner and have been approved by the lead agency. Financial assurances shall no longer be required of a surface mining operation, and shall be released, upon written notification by the lead agency, which shall be forwarded to the operator and the state, that reclamation has been completed in accordance with the approved reclamation plan.

[Amended 1995, Ord. 2715]

Reclamation plans, reports, applications, and other documents submitted pursuant to this chapter are public records unless the applicant states in writing that such information, or part thereof, would reveal production, reserves, or rates of depletion which are entitled to protection as proprietary information. The county shall identify and file such proprietary information as a separate part of each application. A copy of all permits, reclamation plans, reports, applications, and other documents submitted, including proprietary information, shall be furnished to the District Geologist of the State Division of Mines. Proprietary information shall be made available to persons other than the State Geologist only when authorized by the mine operator and by the mine owner. (See Section 2778 of the Public Resources Code).

A annual inspection shall be conducted by the county for all active surface mining operations within six months of receipt of the operator's annual report filed with the State Department of Conservation and upon payment of the inspection fee to the county. The purpose of the inspection is to evaluate continuing compliance with the permit and reclamation plan. A fee for such inspections is established by the county fee resolution. All inspections will be conducted using a form provided by the State Mining and Geology Board.

An inspector shall not be used who has been employed by the mining operation in any capacity during the previous 12 months. The county will notify the operator and the state within 30 days of completion of the inspection and forward copies of the inspection form and any supporting documentation. Any surface mine subject to this inspection requirement for which the inspection fee remains unpaid 30 days or more from the time it becomes due constitutes grounds for revocation of such permit or plan. Surface mining operations which are determined to be in violation by the county or the state may be subject to administrative penalties not to exceed five thousand dollars ($5,000) per day, assessed from the original date of noncompliance, pursuant to Section 2774 of the Public Resources Code and as described in Section 23.10.022 of this title.

[Amended 1995, Ord. 2715]

Any surface mining operation existing after January 1, 1976, which is not conducted in accordance with the provisions of the chapter, constitutes a nuisance and shall be abated pursuant to Chapter 23.10 (Enforcement). Any surface mining operation for which a vested right exists, but which is deactivated as of the effective date of this Ordinance constitutes a nuisance to be abated if surface mining operations are again started without compliance with the applicable provisions of this chapter.

The mining and extraction of subterranean mineral deposits by means of a shaft or tunnel is subject to the following standards:

a.

Permit requirements. Development Plan approval is required:

(1)

To authorize the commercial production of ore; or

(2)

When the total volume of tailings produced exceeds 1,000 cubic yards; or

(3)

When any on-site processing of ore is proposed.

No land use permit is required for prospecting and exploration activities where the volume of tailings produced is less than 1,000 cubic yards, except when a grading permit is required by Section 23.05.020 (Grading), or any authorizations are required by the State Division of Mines and Geology, the Federal Mine Safety Administration, and/or California Regional Water Quality Control Board.

b.

Surface operations. All surface operations in conjunction with an underground mine are subject to the standards for surface mining operations (Section 23.08.180 through 23.08.187).

[Amended 1995, Ord. 2715]

In any case where a proposed resource extraction operation (including extraction wells, surface and subsurface mining) will use county roads for the conveyance of extraction equipment or extracted products, and when in the opinion of the county Engineer, the resource extraction operation would impact the county road to a degree that would likely cause the expenditure of additional maintenance funds, the applicant is to enter into an agreement with the county as provided by this section prior to the commencement of any resource extraction operations. When an agreement is required, the applicant shall execute such an agreement with the county Engineering Department to deposit into the county road fund a sum to be determined by the county Engineer based upon the volume of resource being hauled over county roads as compensation for the increase in road use and road maintenance requirements generated by the project.

[Amended 1995, Ord. 2715]

23.08.200 - Retail Trade (S-10).

The following standards apply to any retail trade use identified as an S-10 use by the Land Use Element (see Coastal Table O, Chapter 7, Part I of the Land Use Element). The standards are organized into the following sections:

23.08.201 Auto and Vehicle Dealers and Supplies

23.08.202 Service Stations

23.08.203 Building Materials Sale

23.08.208 Eating and Drinking Places and Food and Beverage Retail sales in Non-Commercial Categories

[Amended 1992, Ord. 2591]

23.08.201 - Auto and Vehicle Dealers and Supplies.

Auto and Vehicle dealers and Supplies in the Commercial Retail category are subject to the following standards. Auto parts stores are not subject to these standards when conducted entirely within a building. ATV sales businesses that involve ATV rental are also subject to the provisions of Section 23.08.070d. Mobilehome dealers are not allowed in the Commercial Retail category.

a.

Limitations on use. Auto and Vehicle dealers are limited to new and/or used automobiles and motorcycles (including mopeds). In a central business district, such new Auto and Vehicle Dealerships are allowed provided all autos and vehicles for sale are stored, displayed and serviced entirely within a building.

b.

Permit requirement. Minor Use Permit approval.

c.

Access. From a collector, arterial or freeway frontage road, or a local street in an auto sales park development.

d.

Setbacks. A minimum 10-foot landscaped setback is required from all street frontage property lines.

e.

Outdoor use. The outdoor display or storage of vehicles is allowed subject to the standards of Section 23.08.144 (Sales Lots), except that the outdoor display or storage of any product or material by a vehicle dealership, except vehicles for sale, is prohibited in a Commercial Retail category.

[Amended 1992, Ord. 2591]

Establishments defined as Service Stations by the Land Use Element and identified as allowable, S-10 uses in the Recreation, Commercial Retail, Commercial Service and Industrial categories, are subject to the standards of this section.

a.

Permit requirements. Minor Use Permit approval.

b.

Location criteria. The location of service stations is to be as follows:

(1)

No new station shall be located adjacent to a lot in the Residential Single Family category.

(2)

Street characteristics: A service station is to be approved only at locations which meet the following standards for street access:

(i)

At any intersection where at least one intersecting street is a collector or arterial; or

(ii)

Between intersections on an arterial, provided that such location is at least 1,000 feet from any intersection with another arterial; or

(iii)

Within a shopping center or industrial park, when vehicle access to the service station is only from within the shopping center or industrial park and not directly from a public street, except as provided by subsections b(2)(i) and b(2)(ii) of this section.

c.

Minimum site area. 15,000 square feet, with minimum dimensions of 125 feet on all street frontages.

d.

Site design criteria. In addition to the other applicable standards of this Title, the following are applicable to service stations:

(1)

Setbacks.

(i)

Pump islands. 18 feet from any street right-of-way.

(ii)

Buildings. 10 feet from any street right-of-way.

(iii)

Adjacent to multi-family use. A 10-foot landscaped setback is to be provided along the total length of any property line abutting a multi-family residential use.

(2)

Access driveways. Driveways providing access to service station sites are to be a minimum width of 30 feet, and are to be no closer than 20 feet from the nearest curb line of any intersecting street.

(3)

Parking requirement. One space, plus two spaces per service bay.

(4)

Landscaping. A landscaping strip with a minimum width of five feet is to be located adjacent to all street frontages, exclusive of driveway areas. The total area of landscaping is to be a minimum of 20% of the total site area.

(5)

Signs. Signage shall be as provided by Section 23.04.300 through Section 23.04.314.

e.

Repair activities. All areas set aside for repair activities allowed by the Land Use Element (Section D, Chapter 7, Part I) in conjunction with a service station are to be entirely within a building.

[Amended 1992, Ord. 2591]

[2020, Ord. 3421]

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

23.08.203 - Building Materials and Hardware.

Such establishments in a Commercial Retail category are subject to the following standards:

a.

Permit requirements. As determined by Chapter 23.03 (General Permit Requirements).

b.

Enclosure required. In the Commercial Retail category, all building materials sales activities and storage are to be enclosed within a building.

[Amended 1992, Ord. 2591]

23.08.208 - Stores and Restaurants in Non-Commercial Categories.

When eating and drinking places or food and beverage retail sales are identified as S-10 uses in the Agriculture (non-prime soils), Recreation, Residential and Office and Professional categories, the following standards apply:

a.

Limitations on use.

(1)

Eating and drinking places.

(i)

Bars or other drinking places selling alcoholic beverages for on-premise consumption as a principal use rather than being accessory to a restaurant are not allowed in residential and agriculture categories.

(ii)

Dancing and other entertainment activities normally secondary to a restaurant are not allowed in a residential category.

(iii)

An accessory restaurant may be established in the Agriculture land use category where there is an existing conforming visitor-serving use (e.g., wineries, riding stables, health resorts), and where the restaurant is clearly secondary and incidental in nature and size to the existing visitor-serving use.

(2)

Food and beverage retail sales. In a residential category, such establishments are to be designed, located and of an appropriate scale to serve the needs of neighborhoods rather than the community. In the Office and Professional category, such establishments are to be designed and of an appropriate scale to serve the needs of the population in the Office and Professional category near the site of the establishment, rather than the entire community.

b.

Permit requirement. Minor Use Permit approval in the Office and Professional category, Development Plan approval elsewhere.

c.

Minimum site area. 6,000 square feet in urban areas, one acre in rural areas.

d.

Location and access. In Residential categories, the site of a restaurant is to be located on a collector or arterial; the site of a store selling food or beverages for off-premise consumption is to be located at the intersection of two collectors, arterials, or combination of both. Such uses may be sited on local streets in Recreation and Office and Professional categories. The site of an accessory restaurant in the Agriculture (non-prime soils) category shall be located within 0 to 5 miles from an urban or village reserve line, and on or within one mile of an arterial or collector.

e.

Hours of operation. The conduct of retail business in residential or agricultural areas is limited to the hours between 7:00 a.m. and 10:00 p.m., daily.

f.

Size of accessory restaurant. The size of an accessory restaurant in the Agriculture (non-prime soils) category shall contain no more than 1,000 square feet of dining area, including any outdoor dining area(s).

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740]

This section applies to any service use which is identified by Coastal Table O, Part I of the Land Use Element as an S-11 use. These standards are organized in the following sections:

This section applies to all auto repair and service activities defined in the Land Use Element as allowable in the Commercial Service and Industrial categories:

a.

Repair and services other than self-service washing.

(1)

Permit requirement. As determined by Section 23.03.042 (Permit Requirements) for retail trade and service uses.

(2)

Enclosure required. All repair and service activities, and the temporary storage of vehicles while waiting for repair, service or bodywork are to be conducted within a building, or within a yard enclosed by a six-foot high solid fence, such that storage or repair activities are not visible from the public street.

b.

Self-service car washes. The standards of this subsection are applicable to self-service car washes where the vehicle remains stationary during washing.

(1)

Permit requirement. Minor Use Permit approval, except when Section 23.03.042 (Permit Requirements), would require Development Plan approval.

(2)

Location. A car wash is not to be located within 100 feet of a Residential Single Family land use category.

(3)

Access lanes. Separate on-site access and egress lanes are to be provided, and identified with directional signing. Site access and egress may be from a single driveway, provided that one-way traffic flow is maintained on-site.

(4)

Washing line or bay orientation. Washing bays are to be oriented so that the bay entrances and exits do not face an adjoining street. Access to the bays is to be one-way only.

(5)

Setbacks. Structures are to be set back from site property lines at distances sufficient to provide the following features:

(i)

Waiting area. An area 10 by 20 feet is to be provided adjacent to the entrance of each washing bay for a vehicle waiting to use the bay.

(ii)

On-site circulation. The car wash structure, and waiting area described in subsection b(5)i above are to be encircled by a one-way driving lane with a minimum width of 24 feet along the washing bays, and 12 feet adjacent to the building ends.

(iii)

Drying area. An area is to be provided for the drying of vehicles after washing, consisting of separate spaces which are a minimum size of 12 by 20 feet. Drying spaces are to be provided at a ratio of two per washing bay.

(iv)

Adjacent to multi-family use. A 10-foot landscaped setback is to be provided along the total length of any property line abutting a multi-family residential use.

(6)

Landscaping. A 10-foot landscaping strip is to be provided across any street frontage of the site, exclusive of driveways.

(7)

Fencing. The interior lot lines of a car wash site are to be screened with solid wood or masonry fencing, six feet in height, except within 10 feet of the street right-of-way, where no fencing is required.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

23.08.226 - Consumer Repair Services.

When located in a central business district established by the Land Use Element, a repair service which is a principal use (not accessory to retail sales on the same premises), is to be limited to hand-carried items, and is subject to the permit requirements of Chapter 23.03 (Permit Requirements). Repair services in the Commercial Retail category are not subject to this section when not located within a central business district.

[Amended 1992, Ord. 2591]

When a personal service use as defined by the Land Use Element is identified as an S-11 use in the Residential Single Family or Residential Multi-Family category, the standards of this section apply.

a.

Limitation on use. Personal service uses allowable in a residential category are limited to beauty and barber shops, dry cleaning pick-up stores and laundromats.

b.

Permit requirement. Minor Use Permit approval.

c.

Location. At the intersection of two collectors, arterials, or combination of both.

d.

Minimum site area. 6,000 square feet.

e.

Hours of operation. The conduct of business by a personal service use in a residential area is limited to the hours between 7:00 a.m. and 10:00 p.m., daily.

[Amended 1992, Ord. 2591]

Printing and publishing uses as defined in Section D, Chapter 7, Part I of the Land Use Element are limited to "quick printing" services and newspaper publishers in the Commercial Retail land use category.

Land uses and activities of a temporary nature are defined by the Land Use Element under temporary construction yards, temporary dwellings or offices and temporary events. When designated as allowable, S-17 uses by the Land Use Element, such uses are subject to the provisions of the following sections:

Temporary uses may include construction of permanent structures, grading, or other alteration of a site except the cutting of grasses or weeds, only when the temporary use occurs in conjunction with a construction project authorized by an approved land use or grading permit.

A storage yard for construction supplies, materials or equipment for temporary use during a construction project (which may include a temporary office pursuant to Section 23.08.246d) is allowable on a site not adjacent to the construction site subject to the provisions of this section. The temporary storage of construction materials on or adjacent to a construction site is subject to Section 23.08.024a (Accessory Storage - Building Materials and Equipment).

a.

Permit requirement: A temporary construction yard may be authorized by the same Development Plan approval which allows the project being served by the construction yard; or through Minor Use Permit approval in all other cases.

b.

Site design standards: To be determined through the review and approval process for either the project Development Plan proposals, or through the Minor Use Permit approval, in addition to the site design standards as set forth in Section 23.08.146c (Storage Yards - Site Design Standards).

c.

Site restoration required: The site of a temporary construction yard shall be restored to its original vegetative and topographic state within 30 days after completion of construction. Proper site restoration within another period of time shall be approved by the Planning Director. Prior to establishment of the use, all site restoration shall be guaranteed as set forth in Section 23.02.060 (Guarantees of Performance).

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

The use of a temporary dwelling or office is subject to the provisions of this section. Standards for permanent caretaker dwellings are in Section 23.08.161; when a vehicle or temporary or relocatable building is proposed for use as an office for a sales lot (including mobilehome sales), such use is subject to the standards of Section 23.08.144 (Sales Yards and Swap Meets).

a.

General requirements.

(1)

Permit requirements. Plot Plan approval, which may be granted as part of the permit approval for the permanent construction on the same site as the temporary dwelling or office; or through Minor Use Permit approval in the case of a temporary business office (subsection c. of this section) proposed in advance of land use approval of a permanent office; except where Development Plan approval is otherwise required by subsection b through e of this section.

(2)

Type of structure. A temporary dwelling or office may be a mobilehome, recreational vehicle, or portable modular building in conformity with the Uniform Building Code, except within an urban or village area a temporary dwelling may only be a recreational vehicle of 29 feet or less in length.

(3)

Sanitation. A restroom within the temporary dwelling or a portable restroom approved by the Health Department in the case of a temporary office is to be provided. Sewage disposal for a restroom within a temporary dwelling or office is to be by means of temporary hookup to community sewer facilities or the on-site septic system; sewage disposal from portable restrooms (only allowed for a temporary office) is to be as authorized by the Health Department. Water is to be supplied by a public water supply or on-site well. The temporary dwelling or office shall not be occupied until the dwelling or office is connected by means of a temporary hookup to a public water supply or an approved on-site water supply.

(4)

Parking requirement. None for a temporary dwelling or construction office, provided sufficient usable area is available to accommodate all parking needs entirely on-site; as required by Section 23.04.166c(8) (Required Number of Parking Spaces), for other temporary offices.

(5)

Time limits. The use of a temporary dwelling or office is subject to the time limits in subsections b. through e. of this section, which may be extended pursuant to Section 23.02.050 (Extensions of Time).

(6)

Approved permanent use required. Temporary dwellings or offices are allowed only while an approved building permit and an approved land use permit are in effect for the permanent use (Section 23.02.052 - Lapse of Land Use Permit), except where other circumstances are authorized through Minor Use Permit approval or as otherwise provided in this section. A mobilehome shall not be authorized as a temporary dwelling where the permanent dwelling is also proposed to be a mobilehome.

(7)

Removal of temporary dwelling or office: Temporary dwelling or office use is to be terminated before issuance of a certificate of occupancy or final building inspection approval of the permanent use.

(8)

Location: Temporary dwelling or office use are to be located outside of the required setbacks.

b.

Temporary dwellings. A temporary dwelling may be established on the same site as the construction of a permanent residence, or on the site of a non-residential construction project. The temporary dwelling shall only be occupied by either the property owner, permittee, contractor or an employee of the owner or the contractor who is directly related to the construction project. Use of a temporary dwelling is limited to a maximum period of one year, unless the land use permit for the temporary dwelling is extended as set forth in subsection a(5) of this section.

c.

Temporary business offices. A temporary business office may be used as follows (these standards are not subject to modification pursuant to Section 23.08.012):

(1)

On the site of a permanent business facility where such building is under construction; or where a temporary office has been authorized through a land use permit approval; or

(2)

As a real estate office on the site of an approved new subdivision under construction within an urban or village reserve line or any other Residential land use category, for a maximum of two years from recordation of a final subdivision map, unless a longer period is authorized through tentative subdivision map, land use permit or Specific Plan approvals. Such temporary real estate office may occupy one dwelling unit in the subdivision or may be a separate structure; or

(3)

A financial service (e.g. a bank) may use a temporary business office on the permanent site, or a site other than that proposed for the permanent facility in advance of a decision to construct permanent quarters, for a maximum of 18 months before issuance of a land use permit for a permanent facility, and thereafter until either the permanent facility is established or its land use permit expires.

d.

Temporary construction offices. May be established on the site of any subdivision, construction project or temporary off-site construction yard (Section 23.08.244) pursuant to the provisions of this section. The temporary office may remain on the site until construction is completed.

e.

Emergency use of temporary dwellings or offices. In the event of an emergency such as the destruction of a dwelling or the permanent quarters of a business, a temporary dwelling or office may be established in advance of the issuance of a building permit to reconstruct the destroyed structure, provided that a

building permit is obtained for the temporary use and proper sanitation facilities are installed pursuant to Health Department approval.

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 2004, Ord. 3001]

Where allowed as S-17 uses by the Land Use Element, temporary events are subject to the standards of this section. (Swap meets are subject to the standards of Section 23.08.144 - Sales Lots and Swap Meets.)

a.

Permit requirements: Minor Use Permit approval, except as follows:

(1)

Public events. No land use permit is required for:

(i)

Events occurring in approved theaters, convention centers, meeting halls or other approved public assembly facilities; or

(ii)

Admission free events held at a public park or on other land in public ownership when conducted with the approval of the public agency having jurisdiction, provided that the event is conducted in accordance with all applicable provisions of this title; or

(iii)

Other free admission events which are eight hours or less in duration and are operated by non-profit organizations.

(2)

Commercial entertainment: Commercial outdoor entertainment activities are subject to the permit requirements and standards of Chapter 6.56 of the County Code (Temporary Commercial Outdoor Entertainment Licenses).

(3)

Parades: Parades and other temporary events within the public right-of-way are not subject to land use permit requirements, provided that all requirements of the County Engineer and County Sheriff are met.

(4)

Temporary camps. Temporary camps as a principal use or accessory to another temporary event are subject to the permit requirements and other provisions of Chapter 8.64 of the County Code.

b.

Time limit: A temporary event is to be held in a single location for no longer than 12 consecutive days, or four successive weekends, except where a different time limit is established by other applicable provisions of the County Code or through Minor Use Permit approval.

c.

Location. The site of any temporary event other than public events and parades shall be located no closer than 1000 feet to any Residential Single Family land use category.

d.

Site design standards. All temporary events are subject to the following standards, regardless of whether a land use permit is required, except where alternate standards are established by Chapters 6.56 or 8.64 of the County Code:

(1)

Access. Outdoor temporary events are to be provided a minimum of two unobstructed access points, each a minimum of 18 feet wide, from the event site to a publicly maintained road.

(2)

Parking. Off-street parking is to be provided private events as follows with such parking consisting at minimum, of an open area with a slope of 10 percent or less, at a ratio of 400 square feet per car, on a lot free of combustible material.

(i)

Seated spectator events. One parking space for each 12 square feet of seating area.

(ii)

Exhibit event. One parking space for each 75 square feet of exhibit area.

(3)

Fire protection. Facilities to be provided as required by the County Fire Department.

(4)

Water supply and sanitation. Facilities to be provided as required by the Health Department.

e.

Guarantee of site restoration. A bond or cash deposit may be required for approval of a temporary event to guarantee site restoration after use, and operation in accordance with the standards of this chapter. The guarantee shall cover both operation and restoration, and is subject to the provisions of Section 23.02.060 (Guarantees of Performance).

f.

Violation—Temporary Events. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section and to advertise in any medium a use that is in violation of this section. The penalties (including fines) and process for addressing a violation of this section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties for violation of this section may include revocation of the any issued permit or Business License.

For purposes of this Section, "advertise" shall mean any form of communication, promotion, or solicitation in any medium including, but not limited to, print, signage, internet websites posts, intended to induce the use of property in violation of this Section.

[Amended 1995, Ord. 2715]

[2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

Overnight and short-term lodging facilities identified as allowable, S-12 uses by the Land Use Element (see Coastal Table O, Part I of the Land Use Element), are subject to the provisions of the following sections:

23.08.264 Hotels, Motels - Condominium or Planned Development

23.08.268 Temporary Construction Trailer Parks

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 2010, Ord. 3200]

The following standards apply to bed and breakfast facilities located in other than the recreation, office and professional and commercial land use categories. A bed and breakfast in the recreation, office and professional and commercial categories is instead subject to the provisions of Section 23.08.262 (Hotels, Motels). The provisions of this section do not apply to the rental of bedrooms in a residence to the same tenant(s) for longer than seven days, although the county tax collector may still require special fees and/or licensing for any residential rental less than 30 days.

a.

Limitations on use.

(1)

A bed and breakfast shall be established only in an existing single-family dwelling that has been determined by the Review Authority to be of historical or architectural interest except: where the bed and breakfast is located on a site in the Agriculture, Rural Lands and Residential Rural categories with an existing conforming visitor-serving facility (e.g., winery, riding stables, health resorts), it may be established in one structure, with an exterior design style that is residential or agricultural in appearance, built expressly for a bed and breakfast facility where such facility is approved with a Minor Use Permit.

(a)

A bed and breakfast facility authorized pursuant to subsection (i) of this section may be allowed in addition to the number of residences allowed by Section 23.04.080 et seq.

(b)

A bed and breakfast authorized pursuant to subsection (i) of this section shall only be subject to the provisions of subsections b, e, f and g of this section. Additional operational standards shall be set through Minor Use Permit approval.

(2)

A bed and breakfast with three or less guest rooms shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.

b.

Limitation on size. A bed and breakfast shall provide no more than the following number of guest rooms, with the rest of the dwelling being used solely by the family in permanent residence:

(1)

A bed and breakfast in the Agriculture (non-prime soils), Rural Lands, Residential Rural and Residential Multi-Family categories may be approved with a maximum of eight guest rooms.

(2)

A bed and breakfast in the Residential Suburban category shall provide no more than three guest rooms.

c.

Permit requirements. The following land use permit requirements are in addition to a Health Department permit, which is required wherever food is served to lodgers:

(1)

Plot Plan approval for a bed and breakfast with three or less guest rooms in all allowable land use categories.

(2)

Minor Use Permit approval for any bed and breakfast with four or more guest rooms.

d.

Expansion of existing building. Physical expansion of a residence to accommodate bed and breakfast facilities or operations shall be limited to 15 percent of the existing floor area, through Minor Use Permit approval where the residence is to contain three or less guest rooms and through Development Plan approval where the residence is to contain four or more guest rooms.

e.

Location. Within the Residential Suburban land use category, no bed and breakfast facility shall be located within 500 feet of a parcel on which is located any other bed and breakfast facility.

f.

Minimum site area.

(1)

One acre in rural areas;

(2)

Equal to the minimum parcel size required by sections 23.04.020 et seq. in urban and village areas.

g.

Parking required. Two spaces, plus one space per transient lodging unit. Bed and breakfast facilities shall not utilize on-street parking for the bed and breakfast operation or the resident family at any time. For the purpose of determining parking lot construction standards pursuant to Section 23.04.168, the parking lot turnover for a bed and breakfast facility is medium.

h.

Operation. A bed and breakfast with three or less guest rooms shall be subject to the provisions of Sections 23.08.030b, c., d., e., g., h. and i. of this chapter for home occupations.

[Amended 1992, Ord. 2591; 1995, Ord. 2715; 1995, Ord. 2740]

23.08.262 - Hotels, Motels.

a.

Limitation on use. Transient lodgings in the Public Facilities category are limited to hotels and motels in conjunction with public airport or port facilities.

b.

Permit requirement.

(1)

Two to 39 units. Minor Use Permit approval, except that Development Plan approval is required for all hotels and motels in the Recreation category.

(2)

40 or more units. Development Plan approval.

c.

Density. The density of a hotel or motel is not limited by this title except that a site for such use shall be designed to accommodate all proposed units while also satisfying all applicable height, setback, parking and other standards of this title and the Land Use Element without the need for modification, adjustment or variance of such standards.

d.

Parking. Hotels and motels shall provide off-street parking as set forth in Section 23.04.166c(9) (Transient Lodgings). In the event that a hotel or motel includes any facilities in addition to overnight units (e.g., restaurant, bar, meeting rooms, etc.), all additional facilities shall be provided off-street parking as required by Section 23.04.166c of this title, in addition to the parking required for the hotel or motel.

[Amended 1995, Ord. 2715]

The standards of this section apply to hotels, motels which are condominium or planned development projects as defined in Section 1351 of the California Civil Code.

a.

Location: Allowed uses shall be located only where specifically authorized by Planning Area Standards for a particular planning area of the Land Use Element and Local Coastal Plan.

b.

Limitation on Use: Uses shall be limited as provided in Section 23.08.262.

c.

Permit Requirement: Development Plan approval.

d.

Required Finding: A Development Plan may be approved only if the Planning Commission first finds that the proposal will not reduce the availability of accommodations for overnight or transient occupancy by the general public, tourists and visitors compared to a conventional hotel or motel.

e.

Density: The density of hotel and motel units shall be as provided in Section 23.08.262.

f.

Design Standards:

(1)

Required Hotel, Motel facilities: Each hotel or motel shall include a lobby area, office space for administrative use, service areas and facilities for employees (such as a lounge, lockers and showers), and laundry facilities for use by the hotel or motel staff. This standard may be waived if the Planning Commission determines that provision of any or all of the required facilities is unnecessary due to the size or particular nature of the hotel or motel.

(2)

Other Facilities: The size of the individual units, the number of kitchens and the amount of personal storage space shall be determined by the Planning Commission through Development Plan approval.

(3)

Parking: Parking shall be provided as stated in Section 23.08.262, provided that the required ratio of parking for hotel and motel units (excluding additional facilities) shall not be exceeded. The Planning Commission may approve additional parking spaces for the exclusive parking of recreational vehicles.

g.

Occupancy:

(1)

No person or persons shall occupy a hotel or motel unit for more than 29 consecutive days except for employees of the hotel or motel.

(2)

No owner or owners holding separate interest in a hotel or motel unit shall occupy that unit more than a total of 84 days per year, including not more than a total of 14 days during the period from Memorial Day to Labor Day.

(3)

The occupancy standards in subsections g(1) and g(2) of this section shall be included in the declaration of conditions, covenants and restrictions and recorded against all individual property titles.

h.

Administration: A management entity shall be formed to manage the operation of the hotel or motel. The management shall have sole responsibility for providing room accommodation services. No owner or owners holding separate interest in a hotel or motel unit shall rent or lease that unit or otherwise offer accommodations to any other person or persons. The provisions of this subsection shall be included in the declaration of conditions, covenants and restrictions and recorded against all individual property titles.

i.

Reporting Requirement: A report shall be submitted periodically to the Department of Planning and Building by the hotel or motel management at intervals to be determined by the Planning Commission through Development Plan approval. The report shall state the total number of days that each unit was occupied in the preceding year, including occupancies by guests and the owner(s) of each unit.

j.

Conditions of Approval: The Planning Commission may adopt conditions of approval which are necessary in order to ensure compliance with the standards of this section and to ensure that the design, operation and occupancy of the hotel or motel will serve primarily the general public, tourists and visitors for overnight or transient lodging.

[Amended 1993, Ord. 2603]

The following standards apply to Homestays located in the Residential Suburban or Residential Single Family land use categories. The provisions of this section do not apply to the rental of bedrooms in a residence to the same tenant(s) for longer than seven days, although the County Tax Collector may still require special fees and/or licensing for any residential rental less than 30 days.

a.

Limitation on use.

(1)

A homestay shall be established only in an existing single-family dwelling.

(2)

A homestay shall be conducted so as to be clearly incidental and accessory to the primary use of the site as a single-family dwelling.

b.

Limitation on size. A homestay shall provide no more than the following number of guest rooms, with the rest of the dwelling being used solely by the family in residence:

(1)

A homestay in either the Residential Suburban or Residential Single Family land use categories shall provide no more than two guest rooms.

(2)

A homestay providing more than two guest rooms in the Residential Suburban land use category shall be considered a bed and breakfast. A homestay providing more than two guest rooms in the Residential Single

Family land use category shall not be allowed.

c.

Permit requirements. Plot Plan approval.

d.

Expansion of existing building. Physical expansion of a residence to specifically accommodate homestay facilities or operations shall not be allowed.

e.

Minimum site area.

(1)

1.0 acres in the Residential Suburban category.

(2)

Equal to the minimum site area required by Section 23.04.044 for residential uses in the Residential Single Family category.

f.

Parking. Two spaces, plus one space for each bedroom used as a transient lodging unit. Homestay facilities shall not use on-street parking for the homestay operation or the resident family. For the purposes of determining parking area construction standards pursuant to Section 23.04.168, the parking lot turnover for homestays is medium.

g.

Operation. A homestay shall be subject to the provisions of Section 23.08.030a, b, c, d, and e of this chapter for home occupations.

h.

Exceptions to the standards. None of the standards in this section shall be waived or modified pursuant to the exception provisions of Section 23.08.012.

i.

Violation—homestays. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section and to advertise a use that is in violation of this section. The penalties (including fines) and process for addressing a violation of this section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties for violation of this section may include revocation of the Plot Plan approval or business license.

For purposes of this Section, "advertise" shall mean any form of communication, promotion, or solicitation in any medium including, but not limited to, print, signage, internet websites posts, intended to induce the

use of property in violation of this Section.

[Added 1995, Ord. 2740]

[2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

The provisions of this section apply to all recreational vehicle parks and commercial campgrounds including any separate designated section of a mobilehome park located in the Recreation category. These standards apply in addition to all applicable provisions of Title 25 of the California Administrative Code.

a.

Permit requirements. Development Plan approval, in addition to any permits required by the California State Department of Housing and Community Development.

b.

Location criteria. Approval of a Development Plan application by the Planning Commission is to include a finding that the recreational vehicle park will not be excessively visible from a public road or Residential use, or that such visibility will be acceptably mitigated.

c.

Minimum site area.

(1)

RV park site. 10 acres outside an urban or village reserve line; five acres within a reserve line.

(2)

Individual RV spaces. 20 foot width; 750 square foot area.

d.

Density. The maximum density is to be 12 units per gross acre, not including any exterior public street right-of-way.

e.

Site design standards.

(1)

Setbacks. No part of a recreational vehicle is to be located closer than 25 feet to any street property line, and no closer than 30 feet to any interior property line. No RV or tent is to be located closer than 10 feet to any other RV or tent.

(2)

Recreation area and common open space. In addition to the required setbacks (subsection e (1), "destination" (intended for more than overnight use) RV parks are to include common areas for recreational use by park occupants. Such areas are to include landscaped, common open space for passive recreation, and active recreation facilities. Active recreation facilities may include swimming pools, tennis and handball courts, recreation buildings, and barbecue areas. Such recreation areas are to be provided as follows:

(i)

Parks having uninterrupted pedestrian access to or located within 1,000 feet of a major public recreational facility including beach frontage, lakes or reservoirs are not required to provide recreation areas, except for playground facilities as specified by subsection (3) of this section.

(ii)

Parks located within one mile of major public recreational facilities or within 1,000 feet of public hiking or riding trails or forested areas are to provide 400 square feet of recreation or common open space per unit, of which 20% is to be designed for active recreation.

(iii)

Parks not meeting the criteria of subsections (2)(i) or (2)(ii) above are to provide 500 square feet of recreation or common open space per unit, of which 30 percent is to be designed for active recreation.

(3)

Playgrounds. In addition to any recreation areas required by subsection e(2) of this section, at least one 800 square foot children's playground is to be provided for a park with 20 or more spaces, at a ratio of one such square foot area for each 60 RV spaces or campsites or fraction thereof. Such playground is to be equipped with any of the following: swings, slides, climbing structures of timber, concrete or other material finished to eliminate sharp edges and minimize splinters, or other equipment which is ridden.

(4)

Internal streets. The width and improvement of roads and driveways within an RV park is to be as follows:

(i)

One way. 18 feet wide if road serves 60 spaces or more; 15 feet if road serves less than 60 spaces; 12 feet for one-way internal road between campsite clusters without individual space access.

(ii)

Two-way divided. 15 feet wide on each side of divider.

(iii)

Two-way. 24 feet wide.

(iv)

Parking. Parking along internal roadways is allowed only when a paved parking lane, eight feet wide is provided in addition to the roadway.

(v)

Road improvement standard. Two inches of A.C. plant mix over six inches of Class II Aggregate Base or equivalent structural section based on a Traffic Index of 4. For seasonal-occupancy parks in rural areas, or where density does not exceed 10 spaces per acre, double chip seal may be substituted for the two inches of A.C. Alternative hard-surface paving materials are allowable subject to approval by the County Engineer.

(5)

Utilities.

(i)

Water. All recreational vehicle spaces are to be provided water supply hookups. Tent camping spaces are to have water service for each 10 spaces, but not located within 20 feet of a designated tent site. When common water supply facilities are provided in the form of hose bibs, they are to be over a drain-equipped concrete pad, rock bed or other construction to prevent the creation of mud as a result of water supply use.

(ii)

Holding tank dump. All recreational vehicle parks are to be provided with one holding tank dumping facility for each 100 RV spaces or fraction thereof, to be located near park exits.

(iii)

Restrooms. No space or campsite is to be located closer than 25 feet, nor further than 400 feet from a public restroom facility.

(6)

Fencing and screening. A solid wood or masonry six foot high solid fence, screen or hedge will be required along all property lines and front yard setbacks. In addition, recreational vehicle spaces should be generally screened from adjacent properties and public roads by means of natural landscaping, terrain variations and distance. Where a proposed park will be visible from a major highway or freeway, additional screening landscaping will be required, which is to utilize plant materials with the capability of achieving 80% opacity within two years when viewed from the roadway. The Planning Commission may waive or adjust fencing and screening standards where terrain, natural vegetation or area character would make screening unnecessary or ineffective.

(i)

Street trees. Street trees are to be planted where the park abuts a public road right-of-way. Trees are to be planted at 20 foot intervals, or at more frequent intervals if appropriate for the species selected. Varied groupings are encouraged with linear plantings to be varied in setback.

(ii)

Interior trees. Trees are to be planted in the park interior in all common and recreation areas.

f.

Violation—Recreational vehicle parks and commercial campgrounds. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section and to advertise in any medium a use that is in violation of this section. The penalties (including fines) and process for addressing a violation of this section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties for violation of this section may include revocation of the Development Plan Approval.

For purposes of this Section, "advertise" shall mean any form of communication, promotion, or solicitation in any medium including, but not limited to, print, signage, internet websites posts, intended to induce the use of property in violation of this Section.

[Amended 1995, Ord. 2715]

[2021, Ord. 3435]

[Clerk's Note: The California Coastal Commission Approved Ord. No. 3435 May 14, 2021]

This section may allow the developer of a major rural area construction project to provide short-term construction employees the opportunity to use trailers and other recreational vehicles for housing during project construction, provided that such vehicles are located in a special occupancy park approved pursuant to this section.

a.

Definitions. The following terms are defined for the purposes of this section:

(1)

Major rural area construction project means a development occurring outside of an urban or village reserve line that will employ 50 or more full-time construction workers during construction. Such projects include but are not limited to energy production, extraction or transmission facilities, pipelines and other land uses requiring development plan approval.

(2)

Recreational vehicle space means a lot or defined area inside a temporary construction trailer park, within which a single occupied travel trailer, motor home, truck-mounted camper or other vehicle used for temporary housing purposes may be accommodated.

(3)

Title 25 means Title 25 of the California Administrative Code.

b.

Permit requirement. Development Plan approval, which may occur in conjunction with development plan approval for the construction project itself, in addition to all authorizations required by the California Department of Housing and Community Development pursuant to Title 25 of the California Administrative Code.

c.

Application requirements. The Development Plan application shall be filed only by the applicant for the project the park is intended to support, or an independent contractor engaged by the construction project applicant.

d.

Limitation on duration of park.

(1)

Time for removal. Except as otherwise provided by subsection d(2) of this section, a temporary construction trailer park shall be removed from the approved site and the site shall be restored to its prepark state, or other condition or use consistent with the provisions of this title, within one year from the date of its approval, or within 60 days after completion of the construction project the park supports, whichever comes first.

(2)

Extensions of time. Operation of an approved park may continue beyond the period prescribed by subsection d(1) of this section, if extended by the Planning Commission through approval of a request for extension from the applicant before the expiration of one year; or if extended through the approval of another Development Plan authorizing use of the park to support another approved major rural area construction project. Extensions of time without additional development plan approval may be granted by the Planning Commission for a maximum of one year each, and shall not exceed a total of three years.

(3)

Guarantee of removal and restoration required. In order to ensure proper termination, removal and site restoration of a temporary construction trailer park as required by this section, the applicant shall provide the county a performance guarantee pursuant to Section 23.02.060 of this title before establishment of the park, in an amount to be determined through condition approval of the Development Plan.

e.

Location criteria.

(1)

A Temporary Construction Trailer Park shall not be located closer than 1500 feet from any dwelling on other than the site of the park.

(2)

The park shall not be visible from a public road unless the Planning Commission finds that:

(i)

The location of a park near a remote rural area construction project will significantly reduce the length of vehicle trips generated by the construction project; and

(ii)

There is not a site with suitably limited visibility within a reasonable distance of the construction project.

f.

Minimum site area. Five acres.

g.

Site design and development standards. The design and development of a Temporary Construction Trailer Park shall be in accordance with the provisions of title 25 of the California Administrative Code for special occupancy parks, sections 2000 et seq., and the following:

(1)

Maximum park density. 10 recreational vehicle spaces per acre.

(2)

Site coverage. The occupied area of the site shall not exceed 75% of the total site area.

(3)

Setbacks. No part of a recreational vehicle shall be located closer than 50 feet to any street property line, and no closer than 30 feet to any interior property line; provided that the Planning Commission may reduce the street property line setback where it finds that site topography or other natural features eliminate the need for the screening or buffering provided by such setbacks.

(4)

Security fencing. A solid wood fence or chain link fence with slates is the minimum requirement for security fencing, which shall be located on all interior property lines and street setbacks.

(5)

Parking. Each recreational vehicle space shall be provided sufficient area to accommodate the parking of one passenger vehicle in addition to the recreational vehicle.

(6)

Roads. Interior park roads may be constructed to the county gravel standard structural section, at the widths provided by section 2408 of Title 25, provided that such roads shall be maintained in a dust-free condition as required by Title 25.

(7)

Utilities.

(i)

Water supply. Domestic water facilities are not required at each recreational vehicle space but shall be provided as required by Title 25 and shall be constructed pursuant to a permit from the health department.

(ii)

Restrooms and sewage disposal. Restroom facilities shall be provided as required by Title 25. Sewage disposal facilities shall be approved by the planning and health departments and regional water quality control board. A holding tank dump shall be provided as required by Title 25.

(iii)

Power. Electrical hookups shall be provided at each recreational vehicle space.

(8)

Fire protection facilities. Shall be provided as required by the county fire department.

(9)

Trash collection. The park shall be provided at least one central trash collection area and the applicant shall arrange for weekly removal of trash from the park to an approved disposal site.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

The following standards apply to emergency shelters, which include housing with minimal support services to homeless persons. Emergency shelters are not allowed outside of urban reserve lines.

a.

Permit requirement. Minor Use Permit on sites in the Public Facility, Commercial Service, and Industrial land use categories within urban reserve lines.

b.

Maximum number of persons. An emergency shelter facility may allow up to 100 persons.

c.

Onsite waiting and client intake areas. A minimum of seven percent of the total square footage of an emergency shelter shall be designated for indoor onsite waiting and client intake areas.

d.

Management.

(1)

A minimum of one on-site or on-call manager or supervisor plus additional trained staff and volunteers for up to 50 shelter beds. A minimum of two on-site or on-call managers or supervisors plus additional trained staff and volunteers for 51-100 shelter beds. On-site or on-call management shall be provided during hours of operation.

(2)

The emergency shelter provider shall submit a Neighborhood Relations Plan for review and approval by the Planning Director. The Plan shall include regular meetings between the emergency shelter provider and the surrounding neighborhood, a 24-hour contact for questions or complaints, and other provisions for addressing potential neighborhood concerns.

e.

Proximity to other emergency shelters. No emergency shelter shall be within a 300 foot radius from another emergency shelter.

f.

Length of stay. Individual occupancy is limited to six consecutive months or less. However, individual emergency shelter occupancy policies apply. Emergency shelter providers may allow clients to stay more than six months if no subsequent housing has been identified.

g.

Lighting. External lighting shall be provided for security purposes, and shall be in compliance with the provisions of Section 23.04.320.

h.

Security during hours of operation. The emergency shelter provider shall submit a Security Plan for review and approval by the Planning Director. The Plan shall include security cameras or other appropriate security measures.

[Added 2010; Ord. 3200]

Transportation and Public Utility Facilities identified as allowable, S-13 uses by the Land Use Element (see Coastal Table 0, Part I of the Land Use Element) are subject to the following sections:

23.08.288 Public Utility Facilities

23.08.290 Vehicle Storage

23.08.300 Electric Generating Plants

[Amended 1992, Ord. 2591]

The standards of this section apply to airfields, landing strips and heliports in addition to all applicable permit requirements and standards of the Federal Aviation Administration (FAA), and the California State Department of Transportation, Division of Aeronautics. The Board of Supervisors hereby delegates to the San Luis Obispo County Planning Commission the authority to approve plans for construction of proposed airports and heliports, as provided by this section.

a.

Limitation on use. Airfield and heliport uses within the Office and Professional and Commercial Service land use categories are limited to heliports.

b.

Permit requirement. Development Plan approval, which shall constitute county approval of the plan for construction of the airport or heliport as required by the California Department of Transportation, Division of Aeronautics. If approved, the Development Plan shall be subject to a condition of approval which requires airport or heliport construction in accordance with the approved plan for construction. Buildings or uses accessory to an airport or heliport are subject to any permit requirements and standards of this code applicable to each use.

c.

Location criteria.

(1)

Agricultural and Personal Use facilities. To be located only within an Agriculture or Rural Lands category, no closer than 2,500 feet to an urban reserve.

(2)

Restricted Use facility. To be located outside of and not closer than 2,500 feet to an urban or village reserve line, except for an emergency use heliport, which may be located within an urban or village reserve.

Restricted use airfields are to be located such that aircraft in approach or departure maneuvers within two miles of the airfield do not pass within 500 feet in any direction of:

(i)

An existing residential use outside the ownership of the airfield;

(ii)

An urban or village reserve line;

(iii)

Any area within a Residential Suburban, Single Family or Multi-Family or Commercial Retail category; [Amended 1992, Ord. 2591]

Except for an emergency heliport established to support a medical, fire protection or other public safety facility.

(3)

Public Use facilities. To be located only within a Public Facility land use category.

d.

Operational requirements.

(1)

Agricultural or Personal Use facility. Based aircraft are to be limited to those used for agricultural crop dusting, or personal use of the tenant or owner of record. No commercial flights other than those directly related to agricultural activities are permitted.

(2)

Restricted Use facilities. Not more than 10 aircraft are to be based at the strip.

e.

Permit processing.

(1)

A land use permit or exemption from the State Department of Transportation, Division of Aeronautics is to be obtained for all airfields and heliports. Prior to establishment of an airfield or heliport, the applicant is to file with the Planning Department evidence of approval of such permit or exemption.

(2)

Prior to or in conjunction with the approval of an airport land use permit for a public use airport, height limitations are to be established for the surrounding area in accordance with current Federal Aviation

Administration regulations. Such height limitations are to be established by:

(i)

Amendment of the Land Use Element to establish an Airport Review area combining designation around the airport; or

(ii)

Execution of easements with each property owner over whose property such height limits are to apply, with such easements to run with the land and contain restrictions on the height of structures or vegetation which are in accordance with FAA regulations.

[Amended 1992, Ord. 2591]

The requirements of this section apply to Communication Facilities (where designated as S-13 uses by Coastal Table O, Part 1 of the Land Use Element and defined in Chapter 6, Section D) in addition to all applicable permit requirements and standards of the Federal Communications Commission (FCC) and any other applicable federal or state statutes or regulations. Communication Facilities in the Residential Suburban, Single and Multi-Family land use categories shall be limited to those facilities specified in subsection b.

a.

Permit requirements.

(1)

In addition to the emergency repair and the general permit requirements of sections 23.08.286a. and b., Development Plan approval is required for any new facility or modification of any existing facility which would increase the power output or the power received, or the structure heights above those specified in Section 23.04.120-24, or modify any operational standards causing a change in exterior noise, vibrations, air quality, water quality or storage and use of toxic and hazardous materials as specified in Chapter 23.06 of this title.

(2)

The application for a land use permit shall contain estimates of the non-ionizing radiation generated by the facility and/or received by the facility. These shall include estimates of the maximum electric and magnetic field strengths at the edge of the facility site, the extent that measurable fields extend in all directions from the facility.

b.

Wireless Communication Facilities.

(1)

Permit Requirement.

(i)

Minor Use Permit.

(a)

Existing Structures. Installation proposed on existing structures (buildings, water tanks, signs etc.), existing electric transmission towers, or any other applicable existing structure.

(b)

Co-location. Wireless communication system antenna or other similar equipment that share locations with their own or other carriers' antennas either on existing monopoles, existing structures [buildings, water tanks, signs etc.], existing electric transmission towers, existing lattice towers or any other existing structures).

(ii)

Development Plan. Required for any wireless communication antenna or other similar equipment not meeting subsection (i).

(2)

Application contents. In addition to all information required by Chapter 23.02 of this title, and Section 23.08.286b(3), the applicant shall submit the following information:

(i)

Information on the proposed rights-of-way, including width, ownership, present land use, slope, soils and vegetation, types of sizes of towers or other structures to be used, proposed screening or other method of finishing so as to be unobtrusive to the neighborhood in which it is located.

(ii)

Estimates of the maximum electric and magnetic field strengths at the edge of the facility site and the extent that measurable fields extend in all directions from the facility.

(iii)

If co-location is not proposed, the applicant shall provide information pertaining to the feasibility of jointuse antenna facilities, and discuss the reasons why such joint use is not a viable option or alternative to a new facility site. Such information shall include:

(a)

Whether it is feasible to locate proposed sites where facilities currently exist.

(b)

Information on the existing structure which is closest to the site of the applicant's proposed tower relative to the existing structure's structural capacity, radio frequency interference, or incompatibility of different technologies, which would include mechanical or electrical incompatibilities.

(c)

Written notification of refusal of the existing structure owner to lease space on the structure.

(iv)

A written report and map indicating all locations in the vicinity of the proposed project site where:

(a)

the location and height meet the minimum coverage requirements for the applicant's network;

(b)

a lease with the property owner can be obtained; and

(c)

the property is feasible for construction of a wireless communication facility shall be provided, in addition to visual simulations of the preferred location from major public view corridors. In instances where the wireless communication facility may impact views to and along the ocean or public view corridors, or is located on a ridgeline, a designated historic site or structure, or within a historic district, a detailed visual analysis of the facility shall be submitted (this shall include but, may not be limited to, a thorough evaluation of all alternative sites and facility design that would avoid, or minimize the maximum extent feasible, impacts to views to and along the ocean and visibility form major public view corridors). A visual simulation can consist of either a physical mock-up of the facility, balloon simulation, computer stimulation or other means.

(v)

Wireless communication projects located on privately-owned land within the Open Space land use category shall provide evidence of a recorded open space agreement for the parcel in questions, executed between the property owner and the County (if the property is not already subject to such an agreement).

(3)

Development standards. The following standards apply to the development of proposed wireless communication system antenna and related facilities in addition to any that may be established during the permit review process.

(i)

Setbacks. As set forth in Section 23.04.106 et seq. except where locating the facility outside those setbacks is the most practical and unobtrusive location possible on the proposed site.

(ii)

Co-location. Applicant shall pursue placement of facilities in the following preferential order:

(a)

Side-mount antenna on existing structures (buildings, water tanks, etc.) when integrated into the existing structure, completely hidden from public view or painted and blended to match existing structures; or

(b)

Within existing signs when blended within or on existing signage to be completely hidden from public view; or

(c)

Atop existing structures (buildings, water tanks, etc.) with appropriate visual/architectural screening to be completely hidden from public view; or

(d)

Existing monopoles, existing electric transmission towers, and existing lattice towers; or

(e)

New locations.

(iii)

Signs. No sign of any kind shall be posted or displayed on any antenna structure except for public safety warnings.

(iv)

Site Location. Site location and development of wireless communications facilities, including all support facilities, shall preserve the visual character and aesthetic values of the specific parcel and surrounding land uses and shall not significantly impact public views. Facilities hall be integrated to the maximum extent feasible to the existing characteristics of the site, and shall be sited to protect views to and along the ocean and scenic coastal areas, and to avoid visibility from major public view corridors. Every effort shall be made to avoid, or minimize to the maximum extent feasible, visibility of a communication facility above a ridgeline from major public view corridors. Compliance within this standard may require the consideration of an alternative site other than the site shown on an initial permit application for a wireless facility.

(vi)

Screening. If wireless communication facilities, including all support facilities, cannot be located completely out of major public view corridors and screening with existing vegetation is not feasible, to the maximum extent feasible, antennas and all support facilities shall be screened with new vegetation or landscaping, earthen berms, or disguised to resemble rural, pastoral architecture (ex: windmills, barns, trees) or other features determined to blend with the surrounding area and be finished in a texture and color deemed unobtrusive to the neighborhood in which it is located.

(vii)

Site disturbance. Disturbance of existing topography and on-site vegetation shall be minimized, unless such disturbance would substantially reduce the visual impacts of the facility. In no case shall the installation of a wireless communication facility be allowed where a significant disturbance of Environmentally Sensitive Habitats (ESH) would result.

(viii)

Lighting. Any exterior lighting, except as required for FAA regulations for airport safety, shall be manually operated and used only during night maintenance checks or in emergencies. The lighting shall be constructed or located so that only the intended area is illuminated and off-site glare is fully controlled.

(ix)

Support facilities. Support facilities (e.g. equipment rooms, utilities, and equipment enclosures) shall be constructed of non-flammable, non-reflective materials. All support facilities shall be of a color approved by the appropriate Review Authority, and thereafter repainted as necessary with a float paint color.

Components of a telecommunication facility which will be viewed against soils, trees, or grasslands, shall be of a color matching these landscapes.

(x)

Historic site. Where the wireless communication facility is proposed to be located on a designated historic structure, landmark, or district, the applicant shall comply with the regulations for development on a historic site pursuant to Section 23.07.102.

(xi)

Availability. All existing facilities shall be available to other carriers as long as structural or technological obstacles do not exist.

(4)

Unused facilities. All obsolete or unused facilities shall be removed within six (6) months of cessation of telecommunication operations at the site.

(i)

Restoration. The site shall be restored to its natural state within six (6) months of termination of

abandonment of the site. This shall be subject to a demolition/restoration plan approved by the Director of Planning and Building.

(ii)

Agreement. The applicant shall enter into a site restoration agreement subject to approval of the Director of Planning and Building and County Counsel. As part of the agreement, the applicant shall commit to the following: where future technological advances would allow for reduced visual impacts resulting from the

proposed wireless communication facility, the applicant agrees to make those modifications that would reduce the visual impact of the proposed facility without any reduction in service levels.

(5)

Any decision to deny a permit for a personal wireless service facility shall be in writing and must be supported by substantial evidence and shall specifically identify the reasons for the decision, the evidence that led to the decision and the written record of all evidence.

[Added 1992, Ord. 2591; Amended 1999, Ord. 2885]

This section provides standards for pipeline and communications transmission lines and related facilities, where designated as S-13 uses by Coastal Table O, Part I of the Land Use Element. This section applies to emergency repairs, replacement, renewal and upgrading of existing facilities, as well as to new facilities.

a.

Emergency repairs. Notwithstanding the other provisions of this section, emergency repairs necessary for public or environmental health and safety reasons do not require prior approval; however, nothing in this title exempts reporting as required by various state and federal regulations. Following the emergency, land use and building permit applications which would otherwise have been required for the type of work performed shall be submitted within 30 days, documenting what occurred and demonstrating that the required clearing, construction, cleanup and restoration was accomplished in accordance with this Title, Title 19 and Title 13 of the County Code, as appropriate.

b.

General permit requirements.

(1)

Determination of permit level. Except as otherwise provided by this section for specific facilities, and except where county land use permit authority is preempted by state law, the land use permit required to authorize a proposed land use of this type is determined by the magnitude of site disturbance, i.e., the area in square feet per site (or project if the project crosses more than one site) of grading or removal of natural ground cover, as follows:

(2)

No permit required. No land use or grading permit is required for routine pipeline maintenance practices disturbing areas less than 1,000 square feet; 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, telephone, sewage disposal or natural gas lines on a single site or within a public right-of-way provided that the exemption from grading permit does not apply to areas identified in Section 23.05.026h.

(3)

Application contents. In addition to the application materials required by chapter 23.02, The application for a proposed new or replacement pipeline, electrical or communications transmission line is to be accompanied by documentation that the applicant:

(i)

Is the owner of record of the land involved; or

(ii)

Has easements or lease arrangements from the owners of record sufficient to carry-out the actions proposed; or

(iii)

Has notified all landowners of record (e.g., a copy of a letter informing landowners of the proposed activities and proposed rights-of-way for this project and the mailing list used) potentially involved within the corridor being proposed.

c.

Pipeline facilities.

(1)

Permit requirement - pipelines.

(i)

Where an existing or proposed pipeline is to be used for conveyance of toxic substances or highly volatile liquids (HVL) other than crude oil, and non-HVL liquefied petroleum products, development plan approval is required.

(ii)

Development Plan approval is required for all surface facilities, pumping or booster stations for pipelines, except that such facilities included by Section d, Chapter 7, Part I of the Land Use Element under the definition of "Public Utility Facilities" are subject to the applicable permit requirements for that use.

(2)

Application contents.

(i)

A route-specific geologic investigation, design and mitigation program will be submitted as part of the land use permit application for proposed pipelines. At minimum, this program shall contain:

(a)

A detailed geologic hazard investigation defining specific hazards;

(b)

An engineering design component showing plans for each hazard identified;

(c)

A geohazards mitigation component demonstrating how and to what extent each hazard is reduced; and

(d)

A program of trench inspection to identify any potential geologic hazard not previously noted with a mitigation measures program to be instigated prior to pipeline installation.

(ii)

Included in the land use permit application will be information on how construction at stream crossings will utilize low-flow periods, incorporate sediment retention devices and minimize time and area of disturbance.

(iii)

A restoration, erosion control and revegetation plan shall be included in the grading permit application.

(iv)

Where a pipeline is to be placed through a Sensitive Resource Area, the Development Plan application shall include a field survey by a qualified biologist to assess impacts to the important coastal resources identified in Energy and Industrial Development Policy 7 of the Local Coastal Program Policies Document.

(3)

Required finding. A Development Plan application within an Environmentally Sensitive Habitat shall be approved only where the Planning Commission can find that the development will be consistent with Energy and Industrial Development Policies 7 through 12 of the Local Coastal Program Policies Document.

(4)

Development standards.

(i)

Underground pipelines. The following standards apply to the development of proposed underground pipelines in addition to any that may be established during the permit review process. Standards for pipeline surface facilities shall be determined through Development Plan review.

(a)

Prior to construction, the entire right-of-way shall be prominently staked. All property owners shall be notified at least 30 days prior to start of construction.

(b)

Before entering upon any property for construction, the applicant shall demonstrate to the planning director that it has obtained the right to enter the property for purposes of such construction.

(c)

Included in the land use permit application will be a plan for a route-specific cultural resources survey of the entire right-of-way. This shall include an identification and mitigation program for all known, or later identified sites.

(d)

Restore the ground surface following underground installation to a condition compatible with adjacent properties and land uses.

(e)

Prior to operation, there will be an approved oil spill contingency and emergency response plan in place which details identification, cleanup and restoration procedures to be employed in the event of such a spill.

(f)

After startup, use of the pipeline right-of-way shall be restricted to operational maintenance, inspection, repair, and protection of the pipeline.

(ii)

Surface facilities. To be determined through Development Plan approval.

(iii)

Pipelines near coastal bluffs. Shall be designed to insure stability considering wave action and bluff erosion.

d.

Electric Transmission Lines.

(1)

Permit requirement.

(i)

Emergency repair and general permit requirements, Sections 23.08.286a and b., apply to electric power distribution lines (i.e., less than 69kv design capacity).

(ii)

Development plan approval is required for electric power transmission lines (i.e., 69kV design capacity and greater), whether to be established or upgraded.

(2)

Application contents. In addition to all information required by Chapter 23.02 of this Title, the applicant shall submit information on the proposed rights-of-way, including width, ownership, present land use, slope, soils and vegetation, types and sizes of towers to be utilized, estimates of noise generated during various operating and weather conditions, and estimates of maximum electric and magnetic field strengths generated under the line, at rights-of-way edges, and the extent that measurable fields extend in all directions from the facility.

(3)

Required finding. Electric power transmission line facilities shall be approved only where the Planning Commission can find that the development will be consistent with Energy and Industrial Development Policies 16 through 20 of the Local Coastal Program Policies Document.

(4)

Utility lines within public view corridors. Where feasible, utility lines shall be underground when their placement would limit or detract from views of the ocean from collector or arterial roads. In all other cases, they shall be sited to minimize their visibility from public roads.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

23.08.288 - Public Utility Facilities.

The requirements of this section apply to Public Utility Facilities where designated as S-13 uses by Coastal Table 'O', Part I of the Land Use Element. Public Utility Facilities for other than electric and communications transmission and natural gas regulation and distribution, require Development Plan approval pursuant to Section 23.02.034 (Development Plan).

a.

Permit requirements. In addition to the emergency repair and the general permit requirements of Section 23.08.286a and b., Development Plan approval is required for any new facility or modification of any existing facility in the Agriculture, Rural Lands, Residential, Office and Professional, and Commercial land use categories. Development Plan approval is required for any new facility or modification to any existing facility which would increase the structure heights above those specified in Section 23.04.124 or modify any operational standards causing an increase in any of the categories specified in chapter 23.06 of this title.

b.

Application contents. In addition to the application materials required by Chapter 23.02 (Permit applications), permit applications shall also include descriptions of:

(1)

The proposed design capacity of the facility; the operating schedule; and how the proposed facility interacts with incoming and outgoing utility services.

(2)

Plans for any overhead or underground transmission lines, transformers, inverters, switchyards or any required new or upgraded off-site transmission facilities.

(3)

Proposed erosion control measures, revegetation, screening and landscaping during construction and operation.

(4)

An oil and hazardous material spill contingency plan, including a demonstration that all materials can be contained on-site.

(5)

For electric and telephone centers, estimates of the non-ionizing radiation generated and/or received by the facility. These will include estimates of the maximum electric and magnetic field strengths at the edge of the facility site, the extent that measurable fields extend in all directions from the facility.

(6)

The number and identification by trades of estimated construction and operation forces. If construction is estimated to take over six months, the construction workforce shall be estimated for each six-month period. The estimates shall include numbers of locally hired employees and employees who will move into the area, and a discussion of the estimated impact that employees moving into the area will have on housing, schools and traffic.

c.

Development standards. The following standards apply in addition to any that may be established as conditions of approval:

(1)

Environmental quality assurance. An environmental quality assurance program covering all aspects of construction and operation shall be submitted prior to construction of any project component. This program will include a schedule and plan for monitoring and demonstrating compliance with all conditions required by the Development Plan. Specific requirements of this environmental quality assurance program will be determined during the environmental review process and Development Plan review and approval process.

(2)

Clearing and revegetation. The land area exposed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil will be stripped and stored separately. Disturbed areas no longer required for operation will be regraded, covered with topsoil and replanted during the next appropriate season.

(3)

Fencing and screening. Public Utility Facilities shall be screened on all sides. An effective visual barrier will be established through the use of a solid wall, fencing and/or landscaping. The adequacy of the proposed screening will be determined during the land use permitting process.

d.

Limitation on use, sensitive environmental areas. Uses shall not be allowed in sensitive areas such as on prime agricultural soils, Sensitive Resource Areas, Environmentally Sensitive Habitats, or Hazard Areas, unless a finding is made by the applicable approval body that there is no other feasible location on or offsite the property. Applications for Public Utility Facilities in the above sensitive areas shall include a feasibility study, prepared by a qualified professional approved by the Environmental Coordinator. The feasibility study shall include a constraints analysis, and analyze alternative locations.

[Amended 1992, Ord. 2591]

This section applies to commercial parking lots, garage and other establishments engaged in the storage of vehicles for a fee or without fee as a principal use, whether owned and operated publicly or privately. (The storage of vehicles for sale is subject to Section 23.08.144 (Sales Lots).)

a.

Limitation on use. Vehicle storage establishments in the Commercial Retail and Office and Professional categories are to be limited to the temporary parking of automobiles, busses and self-propelled recreational vehicles.

b.

Permit requirements. Minor Use Permit approval.

c.

Minimum site area. 10,000 square feet.

d.

Access. From a local street or greater.

e.

Development standards. The design and development of parking areas is to be in accordance with Sections 23.04.160 et seq. (Parking), except that indoor parking facilities where all parking maneuvers are

performed by attendants may use tandem parking.

[Amended 1992, Ord. 2591]

Electric Generating Facilities identified as allowable, S-20 uses by the Land Use Element (see Coastal Table O, Part I of the Land Use Element) are subject to the following sections:

• 23.08.313 Electric Generating Plants - General Development Standards

23.08.314 Steam Electric Generating Facilities

• 23.08.316 Wind Energy Conversion Facilities

23.08.318 Photovoltaic Generating Facilities

23.08.320 Hydro-Electric Generating Facilities

23.08.322 Co-Generating Electric Generating Facilities

[Amended 1992, Ord. 2591]

Except as may be modified below, the following general standards and specifications apply to all electric generating plants, S-20 uses:

a.

Permit requirements. Except where county land use permit authority is preempted by State Law, and except where the provisions of sections 23.08.312 through 23.08.322 establish other permit requirements, the Land Use Permit required to authorize a proposed land use of this type is determined by the magnitude of site disturbance (i.e., the area in square feet per site of grading or removal of natural ground cover) as follows:

b.

General application contents. In addition to any specific requirements later in this section, the land use applications shall follow the content, processing and time limit specifications of chapter 23.02 (permit applications) of this title, and are also to describe:

(1)

The physical and operating characteristics of the facility; the proposed design capacity of the facility; the operating schedule; how the electric energy is to be utilized; and if any electric energy is to leave the site, the physical and contractual arrangement for tying-in to other facilities.

(2)

Alternatives to the proposed facility and to separable aspects of the proposal. This will include reliability, as well as economic and environmental advantages and disadvantages.

(3)

Plans for any overhead or underground transmission lines, transformers, inverters, switchyards or any required new or upgraded off-site transmission facilities.

c.

Approvals from other agencies. If another public agency must approve the proposed facility, the applicant shall:

(1)

Describe the requirements of that agency; summarize the agency's procedures for acting on the proposed use, and describe the studies, analyses and other data collection which the applicant or agency will perform in order to resolve each substantive requirement of the agency.

(2)

List the required actions related to the proposed facility by other public agencies and utilities and a schedule for application and approval of those actions.

(3)

Provide a copy of necessary state and federal permits and all written comments and decisions made by officials of the agencies listed prior to the start of construction.

d.

Information. An applicant may incorporate by reference any information developed or submitted in any other application, provided the applicant submits a copy or summary of the referenced material, identifies the permitting process in which it was submitted and the outcome of that permitting process, and explains the relevance of the information to the approval standards of this title.

e.

The number and characterization by trades of the estimated construction and operation force. If construction is estimated to take over six months, the construction workforce will be estimated for each six-month period and will include estimates of numbers of locally hired employees and employees who will

move into the area, and a discussion of the estimated impact that employees moving into the area will have on housing, schools and traffic.

[Added 1992, Ord 2591]

The following standards apply to all electric generating facilities:

a.

Bonding. Following permit approval and prior to any work on the proposed site, the applicant is to post a surety bond in favor of the county, conditioned on conformance with all applicable conditions, restrictions, and requirements of this title and any conditions required by the permit. Such guarantee is in addition to any bond required by the state. The total value of this bond will be established through the development plan review and approval process, and will be administered in accordance with Section 23.02.060.

b.

Environmental quality assurance. An environmental quality assurance program covering all aspects of construction and operation shall be submitted prior to construction of any project component. This program will include a schedule and plan for monitoring and demonstrating compliance with all requirements of the development plan. Specific requirements of this environmental quality assurance program will be determined during the environmental review process and development plan review and approval process.

c.

Clearing and revegetation. The land area exposed and the vegetation removed during construction shall be the minimum necessary to install and operate the facility. Topsoil must be stripped and stored separately. Disturbed areas no longer required for operation will be regraded, covered with topsoil and replanted during the next appropriate season.

d.

Utility interconnect. All distribution lines, electrical substations, and other interconnection facilities shall be constructed to the specifications of the utility. A statement from the utility confirming that the proposed interconnection is acceptable shall be filed with the county building inspector prior to the issuance of any building permit. Interconnection shall conform to procedures and standards established by the California Public Utilities Commission.

e.

Other requirements. Development standards in addition to those specified in this section and sections 23.08.314 through 23.08.322, may be imposed through conditions of approval where minor use permit or development plan approval is required.

Thermal electric power plants with a generating capacity greater than 50 megawatts and related facilities shall not be sited in those areas designated by the California Coastal Commission, pursuant to Public

Resources Code Section 30413, as areas where construction of an electric power plant would prevent achievement of the objectives of the California Coastal Act of 1976.

[Added 1992, Ord. 2591]

a.

Application contents. In addition to the general requirements of Section 23.08.312(2), an application for a steam electric generating facility shall describe:

(1)

The cooling system, including volume and flow characteristics, source of the cooling fluid and the location, flow and chemical make-up of any liquid or gaseous discharges.

(2)

Potable water requirements and proposed source.

(3)

The fuel sources, delivery and storage systems and firing characteristics.

(4)

The air pollution control system and emission characteristics.

(5)

The toxic and/or hazardous materials which will be used during the construction and operation, including estimates of the volumes, the inventory control system that is proposed, the disposition of these materials and the disposal system and ultimate location for disposal.

b.

Development standards - hazardous materials. Prior to their delivery and use on-site, the applicant shall submit a hazardous material and waste management plan for review and approval. Details to be contained in this plan will be established in the environmental review and development plan approval process.

[Added 1992, Ord. 2591]

a.

Permit requirements. Minor Use Permit.

b.

Application contents. In addition to the general requirements of Section 23.08.312(b), an application for a wind energy conversion facility (WECF) shall describe:

(1)

Location and elevation of proposed WECF.

(2)

Location of all above-ground utility lines on-site or within one radius of the total height of the WECF.

(3)

Location and size of structures and trees above 35 feet within a 500 feet radius of the proposed WECF.

c.

Development standards. The following standards apply, in addition to those in Section 23.08.312 of this title.

(1)

Setbacks. The facility shall be setback from property lines at least five rotor diameters for a horizontal axis WECF or the height of a vertical axis WECF.

(2)

Rotor safety. Each wind conversion system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a California-registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall also certify the structural compatibility of proposed towers and rotors. Such certification would normally be supplied by the manufacturer.

(3)

Guy wires. Anchor points for any guy wires for a WECF tower shall be located within property lines and not on or across any above-ground electric transmission or distribution line. The point of ground attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in a bright orange or yellow covering from three to eight feet above ground.

(4)

Tower access. Tower design and construction shall provide one of the following means of access control, or other appropriate method approved by the Planning Director:

(i)

Tower-climbing apparatus located no closer than 12 feet from the ground;

(ii)

A locked anticlimb device installed on the tower; or

(iii)

The tower shall be completely enclosed by a locked, protective fence at least six feet high.

(5)

Signs. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.

(6)

Electromagnetic interference. The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to the planning director that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.

(7)

Height. The minimum height of the lowest part of the WECF shall be 30 feet above the highest existing major structure or tree within a 250 feet radius. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

(8)

Distance from structures. Horizontal axis wind turbines shall be placed at a distance of at least two times the total tower height from any occupied structure. Vertical axis wind turbines shall be placed at a distance of at least 10 blade diameters from any structure or tree. A modification may be granted by the Director of Planning and Building for good cause shown, however, in no case shall the turbine be located closer than three (3) blade diameters to any occupied structure.

(9)

Undergrounding. Electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer, to the point of on-site use, or to the utility interface point of on-site substation.

(10)

Public nuisance. Any WECF which has not generated power for 12 consecutive months is hereby declared to be a public nuisance which shall be abated by repair, rehabilitation, demolition or removal in accordance with chapter 23.10 of this title.

[Added 1992, Ord. 2591]

a.

Application contents. In addition to the general requirements of Section 23.08.312(2), an application for a photovoltaic generating facility shall describe:

(1)

Tracking system design, including a showing that no concentrated reflections will be directed at occupied structures, recreation areas or roads.

(2)

How public access will be restricted or why public liability is not a concern at the particular facility.

b.

Undergrounding required. Electrical distribution lines on the project site shall be undergrounded up to the low voltage side of the step-up transformer, to the point of on-site use, or to the utility interface point of an on-site substation.

[Added 1992, Ord. 2591]

23.08.320 - Hydro-Electric Generating Facilities - Application Contents.

In addition to the general requirements of Section 23.08.312, an application for a hydroelectric generating facility will describe:

a.

How proposed construction and operation of the facility complies with state water rights laws and all other applicable state regulations.

b.

Any water diversion facilities proposed for the facility, their relation to existing facilities, and how the surface elevation of any impoundment will change.

c.

How the operation of the generating facility will change the flow regime in the affected stream, canal, or pipeline including, but not limited to:

(1)

Rate and volume of flow,

(2)

Temperature,

(3)

Amounts of dissolved oxygen to a degree that could adversely affect aquatic life,

(4)

Timing of releases, and

(5)

Whether there will be a change in the up or down-stream passage of fish.

[Added 1992, Ord. 2591]

a.

Application contents. In addition to the general requirements of Section 23.08.312(2), the application for a co-generating facility will contain the descriptions required in Section 23.08.314 for steam electric generating facilities as applicable, and will describe the characteristics of the energy conversions of the proposed facility and the proportions going to the various end-uses and their seasonal variation.

b.

Development standards. The standards of sections 23.08.312, 23.08.313 And 23.08.314(b) apply.

[Added 1992, Ord. 2591]

Wholesale Trade uses identified as allowable, S-19 uses by the Land Use Element (see Coastal Table O, Part I of the Land Use Element) are subject to the following sections:

The standards of this section apply to warehouse uses in the Agriculture and Rural Lands land use categories.

a.

Limitation on use. Warehousing uses in the Agriculture and Rural Lands categories are limited to storage facilities that support approved agricultural production or processing operations conducted on the same site.

b.

Permit requirement. Minor Use Permit approval when located in the Residential Multi-Family category, provided that the applicable review authority shall first find that the proposed storage facilities are designed primarily to serve the needs of apartment residents in the same land use category.

c.

Development standards - Residential Multi-Family category. Warehouse facilities in the Residential MultiFamily land use category are subject to the same site design and site development standards in Chapters 23.04 and 23.05 of this Title as Multi-Family Dwellings.

[Amended 1992, Ord. 2591; 2015, Ord. 3293]

The standards of this section apply to Wholesaling and Distribution uses in the Agriculture and Rural Lands land use categories.

a.

Limitation on use. Wholesaling and distribution uses in the Agriculture and Rural Lands categories are limited to facilities that support approved agricultural production or processing operations conducted on the same site.

b.

Permit requirement. Minor Use Permit approval, unless Development Plan approval would otherwise be required by Section 23.03.042 (Permit Requirements) for wholesale trade uses.

[Amended 1992, Ord. 2591; 1995, Ord. 2715]

The purpose of these Sections is to protect the public health, safety, and welfare, enact strong and effective regulatory and enforcement controls in compliance with State law and federal enforcement guidelines, protect neighborhood character, and minimize potential for negative impacts on people, communities, and the environment in the unincorporated areas of San Luis Obispo County by establishing minimum land use requirements for cannabis activities. Cannabis activity, as defined pursuant to Chapter 6 Section D - Land Use Definitions of the Framework for Planning - Coastal Zone of the San Luis Obispo County General; Plan, includes the cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis product. Unpermitted cannabis activities are a public nuisance which constitute an immediate threat to public health and safety, and may, at the discretion of the enforcing officer, be summarily abated in accordance with the procedures authorized by County Code or other law and any or all costs of such summary abatement may be recovered from the owner of the real property where the nuisance is found in addition to any other responsible party. Therefore, these Sections recognize that cannabis activities require land use controls due to the unique federal and State legal constraints on cannabis activity, and the potential environmental and social impacts associated with cannabis activity. These standards cannot be waived or modified through

Development Plan approval as described in Section 23.08.012, except as noted, and are organized as follows:

23.08.412 - Applicability

23.08.414 - Exemptions from Land Use Permit Requirements

23.08.416 - Requirements for All Cannabis Activities

23.08.418 - Cannabis Cultivation (L-1)

23.08.420 - Cannabis Nurseries (L-2)

23.08.422 - Cannabis Processing Facilities (L-7)

23.08.424 - Cannabis Manufacturing (L-3)

23.08.426 - Cannabis Testing Facilities (L-4)

23.08.427 - Cannabis Dispensaries (L-5)

23.08.428 - Cannabis Distribution Facilities (L-6)

23.08.429 - Cannabis Transport Facilities (L-8)

23.08.430 - Grounds for Revocation

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425; 2024, Ord. 3513]

Editor's note— Ord. No. 3391, § 1, adopted June 4, 2019, renumbered §§ 23.08.420—23.08.424 as §§ 23.08.410—23.08.420.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

California Business and Professions Code Section 26067 specifies: "For the purposes of this division [Division 10], cannabis is an agricultural product." However, the identification of cannabis as an agricultural product does not extend to other areas of the law. For example, cannabis is not an agricultural commodity with respect to local "right to farm" ordinances. Additionally, cannabis cultivation has never been considered "crop production and grazing" (a land use type) as that term is defined in the San Luis Obispo County General Plan or Titles 22 and 23, and is therefore not exempt from land use permitting requirements.

Except as provided in Section 23.08.414 of this Chapter, cannabis activities shall not be allowed in the unincorporated areas of San Luis Obispo County without first securing all permits, licenses, or other entitlements required by County ordinance and State law and regulation.

For the purposes of this Chapter, cannabis does not include "industrial hemp" as that term is defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code, as they may be amended. For regulations pertaining to the cultivation of industrial hemp see Section 23.08.047. For regulations pertaining to industrial hemp processing refer to Section 23.08.042 Persons claiming plants do not fall under this Chapter bear the burden of presenting evidence demonstrating the plants are industrial hemp, and not cannabis, including, but not limited to, providing THC testing, germplasm, cultivar, strain and/or clone information, as well as evidence the operation is in compliance with state law. Any violation of state law related to industrial hemp shall be considered a violation of this Chapter and subject to the enforcement procedures and provisions set forth under Sections 1.05.080, 23.08.432, and 23.10.150.

For the purposes of Sections 23.08.410 through 23.08.432, "site" means any lot or parcel of land or contiguous combination thereof, under the same ownership.

[Added 2017, Ord. 3357; 2019, Ord. 3391]

Editor's note— See editor's note, § 23.08.410.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 May 14, 2021]

The provisions of this Section are applicable in all land use categories. In all cases, activities that are exempt under this Section shall be accessory to a legally established and permitted residential use. Any development utilized for activities that are exempt under this Section shall be legally established and permitted, and shall meet all other requirements of the County Code and all State regulations and provisions as they may be amended for personal and commercial cannabis activities. Any development, pursuant to 23.11.030 and Coastal Act or applicable California Code of Regulations, requires a coastal development permit. Any exempt cannabis activity carried on under this Section shall comply with all other applicable provisions of this Title and the following standards:

a.

All exempt activities shall be conducted indoors in a legally established structure.

b.

All exempt cultivation shall meet the following minimum standards in Section 23.08.418:

(1)

Odor control requirements pursuant to subsection d.8

(2)

Pesticide management requirements pursuant to Subsection d.9

c.

Cannabis cultivation for personal use. Possession or storage of cannabis, or cultivation of cannabis for personal use, where indoor cultivation does not exceed one hundred (100) square feet of total canopy area of cannabis and does not exceed six (6) plants, including both mature (flowering) and immature plants per dwelling unit, is exempt from the land use permit requirements contained in this Chapter. Cultivation of cannabis by an individual shall be located indoors in a legally established dwelling or accessory structure that is fully enclosed and secured. Outdoor cultivation is not permitted under this exemption, and is thereby subject to the permit requirements of Sections 23.08.416 and 23.08.418.

Under this exemption, the individual that, possesses, stores, or cultivates cannabis shall do so exclusively for his or her personal use, and shall not provide, donate, sell, or distribute cannabis to any other person, except as otherwise allowed by State law. Use of this exemption is limited to one per dwelling unit.

d.

Cannabis cultivation by a primary caregiver. Possession or storage of medical cannabis, or cultivation of up to one hundred (100) square feet of total canopy area of medical cannabis by a primary caregiver within the meaning of Section 11362.7 of the California Health and Safety Code, on behalf of qualified patients, with not more than six (6) plants total, including both mature (flowering) and immature plants, per site, is exempt from the land use permit requirements contained in this Chapter, provided the primary caregiver does not receive remuneration for these activities except for compensation in full compliance with subdivision (c) of Section 11362.765 of the California Health and Safety Code. Cultivation of medical cannabis by a primary caregiver shall be located indoors in a legally established dwelling or accessory structure that is fully enclosed and secured; outdoor cultivation is not permitted under this exemption, and is thereby subject to the permit requirements of Sections 23.08.416 and 23.40.418. Primary caregivers shall provide appropriate documentation to enforcement personnel demonstrating that they are the primary caregiver for a qualified patient. Primary caregivers, while exempt from the requirements contained in this Chapter, are required to obtain Business License authorization pursuant to Title 6 of the County Code in order to remain in compliance with this Section.

e.

All exempt activities shall meet the minimum standards in 23.08.416(o) related to visual resources.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425]

Editor's note— See editor's note, § 23.08.410.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

23.08.416 - Requirements for All Cannabis Activities.

The application for a land use permit and for amendments thereto, shall be processed in accordance with Chapter 23.02. Notwithstanding the foregoing, and in addition to all other remedies available under this Title, the procedures for revocation of a land use permit granted under this Chapter shall be as set forth in Sections 23.08.431 and 23.08.432 of this Chapter. The following requirements apply to all cannabis activities not otherwise exempted by this Chapter.

a.

Application requirements:

(1)

Site plan, floor plans, and a general description of the nature, square-footage, and type of cannabis activity(ies) being requested shall be submitted with the land use permit application.

(2)

An application for a project that includes indoor cultivation, indoor ancillary nursery or indoor commercial nursery shall include the following:

(i)

A detailed inventory of energy demand prepared by a Certified Energy Analyst. The inventory shall include an estimate of total energy demand from all sources associated with all proposed cannabis cultivation activities including, but not limited to, lighting, odor management, processing, manufacturing and climate control equipment. The quantification of demand associated with electricity shall be expressed in total kilowatt hours (kWh) per year; demand associated with natural gas shall be converted to kWh per year.

(ii)

Specific steps to be taken to minimize energy demand and greenhouse gas emissions associated with the project. Such steps may include, but are not limited to:

(a)

Source project energy demands from renewable energy sources;

(b)

Evidence documenting the permanent retrofit or elimination of equipment, buildings, facilities, processes, or other energy saving strategies to provide a net reduction in electricity demand and/or GHG emissions.

(c)

Construction of a qualified renewable energy source such as wind, solar photovoltaics, biomass, etc., as part of the project.

(d)

Purchase of greenhouse gas offset credits from recognized and reputable voluntary carbon registries.

(e)

Installation of battery storage to offset nighttime energy use.

(f)

Any combination of the above or other qualifying strategies or programs that would achieve a reduction or offset of project energy demand and GHG emissions.

(3)

Evidence documenting that the site has legal access to a public road.

(4)

Evidence the applicant has submitted a business license application to the County Tax Collector and obtained background check approval from the Sheriff's Office.

(5)

All cannabis activities shall include an operations plan including at a minimum, the following information:

(i)

On-site security measures consistent with guidance issued by the Sheriff's Office, both physical and operational and, if applicable, security measures for the delivery of cannabis associated with the commercial cannabis business;

(ii)

Odor management plan;

(iii)

Size, height, colors, and design of any proposed signage at the site;

(iv)

Parking plan consistent with 23.04.160 et seq.;

(v)

Proof of ownership or lease agreement with landowner's consent;

(vi)

Employee safety and training plan;

(vii)

Hours of operations, including any shifts;

(viii)

Number of anticipated employees at full build out, and if applicable, include the number of employees per shift;

(ix)

Estimated number of cannabis and non-cannabis deliveries to and from the site;

(x)

A statement on neighborhood compatibility and a plan for addressing potential compatibility issues;

(xi)

Waste management plan consistent with Sections 23.04.280 b. and c.; and

(xii)

Vicinity map showing at least one thousand (1,000) feet of separation from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Chapter.

b.

Vertical integration. Any land use permit proposing more than one cannabis activity on one site shall be subject to Development Plan approval. This requirement does not apply to activities which qualify as ancillary to another cannabis activity in accordance with this Chapter.

c.

Previous violations. Any site proposing cannabis activities where there have been verified violations of a County ordinance or other laws relating to cannabis within the last twenty-four (24) months shall require a Development Plan approval.

d.

Security. Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or cannabis products shall be provided and maintained in accordance with guidance issued by the Sheriff's Office. Security measures shall include, but are not limited to, the following:

(1)

Prevent individuals from loitering on the premises if they are not engaging in activity expressly related to the operations of the facility;

(2)

Store all cannabis in a secured and locked structure or behind a secured and locked fence, and all cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss.

e.

Site posting. The owner shall post on site all required land use permit approvals and all required County and State permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and in all vehicles that deliver or transport cannabis.

f.

Records. The owner and all permittees of all cannabis activities requiring land use permit approval shall maintain clear and adequate records and documentation demonstrating that all cannabis or cannabis products have been obtained from and are provided to other permitted and licensed cannabis operations. The County shall have the right to examine, monitor, and audit such records and documentation, which shall be made available to the County upon request.

g.

Compliance. The owner and all permittees of all cannabis activities requiring land use permit approval shall conduct cannabis activities in compliance with all required County permits, State licenses, County ordinance, and State law and regulation. The owner shall be responsible for the payment of all required fees and taxes. The owner shall comply with all business license requirements and tax collector guidelines and requirements.

h.

Inspection. All sites with cannabis activities, including proposed or permitted, are subject to review and inspection from law enforcement or any agents of the State or County charged with enforcement of this Chapter.

i.

Operation. No person shall operate a commercial cannabis business under a commercial cannabis land use permit issued pursuant to this Chapter at any place or location, or in any manner other than that identified on the permit.

j.

State license required. One or more of the State cannabis license types set forth in California Business and Professions Code and all other applicable regulatory permits shall be obtained and maintained in good status by the permittee in order for a land use permit issued under this Section to remain valid.

k.

Pesticides. Approved cannabis cultivation operations employing the use of pesticides shall also obtain the appropriate pesticide use permitting from the Department of Agriculture/Weights and Measures. Application of pesticides and fertilizers must comply with County, State, and Federal regulations.

l.

Water quality. Cannabis cultivation shall operate pursuant to a permit from the Central Coast Regional Water Quality Control Board (CCRWQCB).

m.

Location. All cannabis activities are prohibited on sites that are surrounded by federal land or on property where the only access to a site is through federal land.

n.

Solid waste and recycling. Cannabis activities (regardless of the site's location) shall provide solid waste and recycling collection consistent with Sections 23.04.280.b and c.

o.

Visual resource protection. All cannabis activities are subject to the following requirements:

(1)

Any lighting used for cannabis activities, including security lighting and artificial lighting for mixed-light operations, shall be the minimum necessary, and shall be sited, shielded, angled, and operated so that it is not visible from public roads. Structures used for mixed-light operations shall be shielded so that no light escapes between sunset and sunrise.

(2)

All cannabis development, including fences, greenhouses, shade cloth structures, and hoop structures, shall be sited and designed to avoid significantly impacting public views, shall not be visible from Highway 1 outside the USL, and shall not block public blue water views or extend into the blue sky view as seen from public roads.

p.

Habitat setbacks. For sites within the URL, all cannabis activities and structures shall be located at least 50 feet from the upland extent of riparian vegetation of any watercourse. For sites outside the URL, all cannabis activities and structures shall be located at least 100 feet from the upland extent of riparian vegetation of any watercourse. All cannabis activities and structures shall be located at least 100 feet from any ESHA and wetlands.

q.

Monitoring Program. All land use permits for cannabis activities shall require the applicant's participation in a County-run monitoring program. The monitoring program shall be funded by applicants and will be used to conduct site visits and inspections of all commercial cannabis sites to verify compliance with this chapter and conditions of approval for the land use permits. The applicable annual program fees shall be collected by the County at the time of Business License issuance and on a monthly, quarterly, or annual basis thereafter as assessed by the County. Sites with inspection reports that indicate failure to comply with the standards of this Chapter are subject to permit revocation pursuant to Section 23.08.430 and/or Business License non-renewal.

r.

Public notice.

(1)

Prior to application submittal. The applicant shall submit evidence that the neighboring property owners and the applicable advisory group were notified of the request prior to the submission of the land use permit to the county. This notice shall be provided by the applicant sending a letter using the form provided by the Department of Planning and Building. The letter shall be mailed or delivered at least 10 days prior to application submittal to the applicable advisory group and to all owners of real property as shown on the latest equalized assessment roll within 1,000 feet of the subject site.

(2)

Public hearing notice. In addition to the requirements found in Section 23.01.060a(2), public notice shall be provided to owners of property within a minimum of 1,000 feet of the exterior boundaries of the proposed site and to all property owners fronting any local roads that serve the facility back to an arterial or collector. Public notice may be required to be provided to properties greater than 1,000 feet away for certain applications at the discretion of the Director of Planning and Building.

s.

Use of a Residence. Except for those activities considered exempt pursuant to Section 23.08.414, no structure or portion thereof used for residential purposes, including vacation rentals, shall be used for Cannabis Activities.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425; 2024, Ord. 3513]

Editor's note— See editor's note, § 23.08.410.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

23.08.418 - Cannabis Cultivation (L-1).

a.

Limitation on use. Except as provided in Section 23.08.422, cannabis cultivation may only be permitted in the Agriculture—Prime Soils (AGps), Agriculture—Non-Prime Soils (AGnps), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories with a land use permit in each case and as may further be restricted by this Title.

(1)

Limit on cultivation type allowed. Outdoor cannabis cultivation shall be prohibited in the Industrial (IND) and Residential Rural (RR) land use categories.

(2)

Limit on the number of cannabis cultivation sites. The maximum number of cannabis cultivation sites in the unincorporated portions of the County shall be limited to 141, and as follows:

(i)

Indoor cultivation. Any site, as defined by Section 23.08.412, in the AGnps, IND, RL, or RR land use category may receive land use permit approval for indoor cannabis cultivation with a maximum of 22,000 square feet of cannabis canopy, and shall occur entirely within the designated and approved cannabis cultivation area(s).

(ii)

Outdoor cultivation. Any site, as defined by Section 23.08.412, in the AG or RL land use category may receive land use permit approval for outdoor cannabis cultivation, including any cannabis cultivation within a cannabis hoop structure and shall occur entirely within the designated and approved cannabis cultivation area(s) as follows:

Within the Agriculture (AG) land use category on sites between 10 and 25 acres in area, the maximum area of outdoor cannabis canopy is two (2) acres.

Within the Agriculture (AG) land use category on sites greater than 25 acres in area, the maximum area of outdoor cannabis canopy is three (3) acres.

Sites within the Rural Lands (RL) land use category shall be limited to a maximum area of outdoor cannabis canopy of one acre.

(iii)

Ancillary activities. Cannabis cultivation operations may include the following ancillary activities:

(a)

Cannabis nursery. A separate area for cannabis nursery for on-site use may be established, provided the nursery area (inclusive of walkways) does not exceed 25% of the approved cannabis cultivation area. The immature plants, seeds or clones shall not be sold or transported off site. Any area solely allocated for use as an ancillary cannabis nursery shall be subject to the location and setback standards set forth under Section 23.08.420.e.1 and 4.

(b)

Cannabis processing. Cannabis grown on site may be processed in an on-site, non-residential structure. This does not include cannabis manufacturing, which would otherwise require Development Plan approval when done in conjunction with cannabis cultivation. Drying is allowed within a greenhouse, provided it occurs within and does not exceed 25% of the approved cultivation area for indoor cannabis cultivation.

The drying of cannabis is not allowed within unpermitted structures, such as cannabis hoop structures. Except for structures used for cultivation, which are subject to standards set forth in Section 23.08.418.d, any structures used for processing shall be subject to the location and setback standards set forth under Section 23.08.422.d.1.a and d.3.

(c)

Cannabis transport. Cannabis grown or processed on site may be transported to certain license types, as specified by State law. Only cannabis grown on site or cannabis products manufactured with cannabis grown on site shall be transported under this provision. The transport operation shall be conducted from a non-residential structure.

b.

Land use permit required. A Minor Use Permit is required for all cannabis cultivation, unless a Development Plan is required by another Section of this Title.

(1)

Reserved.

(2)

Relocation of a permitted cannabis cultivation operation. When a site owner and cultivation permittee elect to vacate a cannabis cultivation operation that is operating pursuant to an approved land use permit and relocate the operation to a new site, a new application, discretionary land use permit, and CEQA compliance action shall be required, but such applicants shall not be subject to otherwise-required permit allocation procedures and limitations, as specified in subsection b.(1) All such applicants shall comply with the following:

(i)

Obtain all necessary permits for the new site, including but not limited to, a new land use permit pursuant to this Chapter.

(ii)

The applicant shall submit, with their land use permit application for the new site, written notification from the landowner of the current site that the landowner agrees to vacate the approved cannabis cultivation operation.

(iii)

On or before the effective date for the land use permit on the new site (15 days after its approval, or upon final action, if the approval is appealed), the cannabis operation on the previous site shall be vacated.

(iv)

The applicant is responsible for complying with the requirements of the State and the County Tax Collector as applicable to any State license or County-issued Business License for the new site.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

Site plan including parcel location, size, and dimensions, identification of all existing and proposed structures onsite, existing and proposed utilities/utility connections, proposed access road improvements, proposed tree removal or trimming, and floor plans of existing or proposed structures in which cannabis cultivation activities and any supportive/ancillary business operations would occur.

(2)

A general description of the nature, square-footage, and type of cannabis activity(ies) being requested, including, but not limited to, number of harvests anticipated per year, total volume (in cubic yards) of proposed earthwork, number and species of trees to be removed or trimmed, and height and materials of proposed fencing. If outdoor cannabis cultivation is proposed, include clarification as to whether plants would occur in the ground or in above-ground planters and whether hoop structures are proposed.

(3)

A detailed water management plan including the proposed water supply, proposed conservation measures, and any water offset requirements.

(4)

A four-hour pump test performed on all wells to be used for cannabis cultivation within the last 12 months of application date.

(5)

Information regarding stormwater control and wastewater discharge, including, but not limited to, total area of proposed impervious surfaces and identification of existing stormwater control features onsite.

(6)

A list of all pesticides, fertilizers, and any other hazardous materials that are expected to be used in the cultivation process.

(7)

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the cultivator's site.

(8)

A description of any proposed ancillary activities, pursuant to Section 23.08.418(a)(2)(iii). The site plan shall identify any proposed structures associated with ancillary activities.

d.

Cultivation standards.

(1)

Location. Cannabis cultivation shall not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis cultivation to the nearest point of the property line of the enumerated use using a direct straight-line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

(2)

Minimum site area.

(i)

Outdoor cultivation. Outdoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:

Agriculture (AG) .....10 acres

Industrial (IND) .....Not allowed

Residential Rural (RR) .....Not allowed

Rural Lands (RL) .....50 acres

(ii)

Indoor cultivation. Indoor cannabis cultivation is limited to sites that meet the minimum site area by land use category listed below:

Agriculture (AG) .....10 acres

Industrial (IND) .....No minimum

Residential Rural (RR) .....20 acres

Rural Lands (RL) .....50 acres

(3)

Setbacks.

(i)

Indoor cannabis cultivation shall be within a fully enclosed building that has been setback as set forth in Section 23.08.041 (Section 23.04.100 in the Industrial land use category).

(ii)

Outdoor cannabis cultivation shall be setback a minimum of 300 feet from the external property lines of the site or public right-of-way, whichever is closer.

(iii)

Indoor cannabis cultivation shall be setback 100 feet from any existing offsite residence, swimming pool, patio, or other living area of separate ownership. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

(iv)

All cannabis cultivation shall be set back from the upland extent of riparian vegetation of any watercourse as required by subsection 23.08.416(p), and located at least 100 feet from any ESHA and wetlands.

(v)

Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code or for the resource setbacks identified in subsection iv above.

(4)

Air quality. Cannabis cultivation located on an unpaved public or private road as defined in Title 20 shall provide, at a minimum, the following, in order to mitigate the air pollution (i.e. dust) effects created by the use prior to the establishment of the use.

(i)

A mitigation plan for continuing dust control from the property frontage to the nearest County-maintained road. The plan may be modified to adjust for changed conditions or to improve the effectiveness of the dust reducing technology. The plan and all modifications to the plan are subject to review and approval by the Review Authority.

(ii)

Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

(iii)

An agreement, to support and not protest: the formation of an assessment district or; the creation of another funding mechanism. The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

(5)

Water.

(i)

Cannabis cultivation sites that require a land use permit and are located in a groundwater basin at Level of Severity III shall provide an estimate of water demand prepared by a licensed Professional Geologist, Certified Engineering Geologist, or Certified Hydrogeologist or other expert on water demand, as approved by the Director of Planning and Building, and a detailed description of how the new water demand will be offset. All water demand within a groundwater basin a Level of Severity III shall be offset at a minimum 1:1 ratio. All water demand within an identified Area of Severe Decline shall offset at a minimum 2:1 ratio, unless a greater offset is required through land use permit approval. Offset clearance shall be obtained, prior to establishment of the use or receipt of Business License Clearance pursuant to 23.02.028, through an approved project specific or a County-approved water conservation program for the respective groundwater basin, that has been subject to environmental review, expressly provides water offsets for cannabis activities, and results in a verifiable reduction of water demand equal to, or exceeding, the required water demand offset for the life of the project.

(ii)

Irrigation water supplies for cannabis cultivation shall not include water transported by vehicle from off-site sources.

(6)

Screening and Fencing. Cannabis plants shall not be easily visible from offsite. All cannabis cultivation activities shall occur within a secure fence at least six (6) feet in height that fully encloses the cultivation area(s) and prevents easy access to the site cultivation areas (indoor and/or outdoor). The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.

The required fencing and screening are subject to the following standards in addition to Section 23.04.190:

(i)

Fencing shall be constructed out of durable materials for security purposes.

(ii)

Fencing materials shall be solid, such as wood, masonry or chain-link with security slats. All fencing and/or walls shall be made from material that blends into the surrounding terrain and shall minimize any visual impacts. Tarpaulins, scarp material, dust guard fencing, privacy netting, or woven or non-woven polyethylene plastic, hedges, or bushes are not considered as fencing.

(iii)

Solid fencing shall be located outside of setback areas (LUO 23.04.100).

(iv)

Where necessary, fencing shall be designed to allow for the movement of wildlife.

(v)

Fencing and screening shall conform with the fencing and screening standards contained in Section 23.08.416(o), Planning Area Standards, specific plans, community plans, or design plans.

(vi)

Substitution for indoor cultivation. Where the proposed structures are designed to provide the functional equivalent of fencing for security, and opacity for screening, fencing around indoor cultivation structures may be waived or modified as specified below.

This section may be waived or modified through Minor Use Permit or Development Plan approval, provided the review authority first finds that specifically identified characteristics of the site or site vicinity would make the required fencing or screening unnecessary or ineffective and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds. Waiver or modification of fencing or screening requirements may result in, or be granted in conjunction with, additional or alternative security measures being required by the Sheriff's Office in accordance with Section 23.08.416.d.

(7)

Renewable Energy. All sites engaging in artificial light or mixed-light indoor cannabis cultivation shall comply with State regulations regarding energy requirements.

(8)

Nuisance Odors. All cannabis cultivation shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

(9)

Pesticides. Pesticides and fertilizers shall be properly labeled, stored, and applied to avoid and prevent contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

(10)

Outdoor Lighting. Outdoor lighting shall be used for the purpose of illumination only and is subject to the provisions of Sections 23.04.320(b) through (f) and 23.08.416(o). Outdoor lighting shall not be located within the outdoor cannabis or nursery canopy area, used for photosynthesis, mixed-light processes, other purposes intended to manipulate cannabis plant growth, or in conjunction with cannabis hoop or shade cloth structures, whether attached or not to a cannabis hoop or shade cloth structure. Temporary lighting, whether powered by a portable generator or permitted electrical service, is prohibited. Any exterior lighting used for security purposes shall be motion activated, be located and designed to be motion activated, and shall be directed downward and to the interior of the site to avoid the light source from being visible offsite, and shall be the lowest-lumen necessary to address security issues. Where necessary, outdoor lighting shall be designed to minimize impacts to wildlife.

(11)

Interior Lighting. All facilities shall prevent interior lighting from being detected outside the facilities between the period of 1 hour before dusk and 1 hour after dawn. All Facilities employing artificial lighting techniques shall include shielding and/or blackout tarps that are engaged between the period of 1 hour before dusk and 1 hour after dawn and prevent any and all light from escaping.

e.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis cultivation, as proposed, will comply with all of the requirements of State and County for the cultivation of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis cultivation will not be located within one thousand (1,000) from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required one thousand (1,000) foot location standard unnecessary or ineffective. The cannabis cultivation will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(3)

The cannabis cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site;

(4)

The cannabis cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets State regulatory standards;

(5)

The cannabis cultivation includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed or unpermitted persons within the State and not distributed out of state.

(6)

(For cultivation sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

(7)

(For setback modifications only.) Specific conditions of the site and/or vicinity make the required setback unnecessary to achieve compatibility with the surrounding land uses. Modification of the setback will not allow nuisance odor emissions from being detected offsite.

(8)

(For fencing and screening modifications only.) Specific conditions of the site and/or vicinity make the required fencing or screening unnecessary or ineffective and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425; 2024, Ord. 3513]

Editor's note— See editor's note, § 23.08.410.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

23.08.420 - Cannabis Nurseries (L-2).

a.

Limitation on use. Cannabis nurseries shall be limited to the Agriculture—Prime Soils (AGps), Agriculture— Non-Prime Soils (AGnps), Rural Lands (RL), Residential Rural (RR), and Industrial (IND) land use categories. Cannabis nurseries in the Industrial and Residential Rural land use categories shall be limited to indoor propagation only.

b.

Ancillary Activity. Cannabis nursery operations may include the following ancillary activity:

(1)

Cannabis transport. Immature plants and seeds grown on site may be transported to certain license types, as specified by State law. Cannabis nursery plants (immature and/or seeds) not grown on site shall not be transported under this provision. The transport operation shall be conducted from a non-residential structure.

c.

Land use permit required.

(1)

Minor Use Permit. A Minor Use Permit is required for all cannabis nurseries, unless a Development Plan is required by another Section of this Title.

(2)

Development Plan. A Development Plan is required for cannabis nurseries 75,000 square-feet or greater in the Residential Rural land use category.

d.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

A detailed water management plan including the proposed water supply proposed conservation measures, and any water offset requirements.

(2)

A four-hour pump test performed on all wells to be used for cannabis cultivation within the last 12 months of application date.

(3)

Information regarding stormwater control and wastewater discharge, including, but not limited to, total area of proposed impervious surfaces and identification of existing stormwater control features onsite.

(4)

A list of all pesticides, fertilizers, and any other hazardous materials used in the nursery process.

(5)

A storage and hazard response plan for all pesticides, fertilizers, and any other hazardous materials kept on the nursery's site.

(6)

For indoor and mixed-light nurseries, and/or ancillary processing activities, all power sources proposed to be used.

e.

Nursery standards.

(1)

Location.

i.

Cannabis nurseries shall not be located within one thousand (1,000) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the nearest point of the property line that contains the cannabis nursery to the nearest point of the property line of the enumerated use using a direct straight line measurement. A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section. This location standard may be modified through Minor Use Permit approval to reduce the distance to six hundred (600) feet. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

(2)

Greenhouses. No greenhouse shall be constructed where the natural slope exceeds 15 percent.

(3)

Minimum Site Area. No minimum site area is required in the Agriculture—Prime Soils, Agriculture—NonPrime Soils, Rural Lands, and Industrial land use categories. Cannabis nurseries in the Residential Rural land use category shall be located on sites that are a minimum of 5 acres in area.

(4)

Setbacks.

(i)

Indoor and outdoor Cannabis nurseries shall be setback as set forth in Section 23.08.041 (Section 23.04.100 in the Industrial land use category).

(ii)

Within the Residential Rural land use category, setbacks shall be as followed: front - 80 feet; side and rear - 100 feet, unless the California Building Code would require a larger setback.

(iii)

All cannabis nurseries shall be setback 100 feet from any existing offsite residence, swimming pool, patio, or other living area of separate ownership. A new adjacent use does not affect the continuation of an existing use that was legally established under the standards of this Section.

(iv)

All cannabis nurseries shall be set back from the upland extent of riparian vegetation of any watercourse as required by subsection 23.08.416(p), and located at least 100 feet from any ESHA and wetlands, and from all watercourses consistent with consistent with the Regional Water Board's setback for cannabis cultivation.

(v)

Setbacks may be modified through Minor Use Permit approval, except for setbacks required by the California Building Code or for the resource setbacks identified in subsection 4 above.

(5)

Air quality. Nurseries located on an unpaved road shall provide, at a minimum, the following, in order to mitigate the air pollution (i.e. dust) effects created by the use.

(i)

A mitigation plan for continuing dust control from the property frontage to the nearest County-maintained road. The plan may be modified to adjust for changed conditions or to improve the effectiveness of the dust reducing technology. The plan and all modifications to the plan are subject to review and approval by the Review Authority.

(ii)

Evidence of road maintenance provided by the County, State, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

(iii)

An agreement, to support and not protest: the formation of an assessment district or; the creation of another funding mechanism. The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

(6)

Water.

(i)

Cannabis nursery sites that require a land use permit and are located in a groundwater basin at Level of Severity III shall provide an estimate of water demand prepared by a licensed Professional Geologist, Certified Engineering Geologist, or Certified Hydrogeologist or other expert on water demand, as approved by the Director of Planning & Building, and a detailed description of how the new water demand will be offset. All water demand within a groundwater basin a Level of Severity III shall be offset at a minimum 1:1 ratio. All water demand within an identified Area of Severe Decline shall offset at a minimum 2:1 ratio, unless a greater offset is required through land use permit approval. Offset clearance shall be obtained, prior to establishment of the use or receipt of Business License Clearance pursuant to 23.02.028, through an approved project specific or a County-approved water conservation program for the respective groundwater basin, that has been subject to environmental review, expressly provides water offsets for cannabis activities, and results in a verifiable reduction of water demand equal to, or exceeding, the required water demand offset for the life of the project.

(ii)

Irrigation water supplies for cannabis nurseries shall not include water transported by vehicle from off-site sources.

(7)

Screening and Fencing. Cannabis plants shall not be easily visible from offsite. All cannabis nursery activities shall occur within a secure fence at least six (6) feet in height that fully encloses the nursery area(s) and prevents easy access to the cultivation areas (indoor and/or outdoor). The fence must include a lockable gate(s) that is locked at all times, except for during times of active ingress/egress.

The required fencing and screening are subject to the following standards in addition to Section 23.08.416(o):

(i)

Fencing shall be constructed out of durable materials for security purposes.

(ii)

Fencing materials shall be solid, such as wood, masonry or chain-link with security slats. All fencing and/or walls shall be made from material that blends into the surrounding terrain and shall minimize any visual impacts. Tarpaulins, scarp material, dust guard fencing, privacy netting, or woven or non-woven polyethylene plastic, hedges, or bushes are not considered as fencing.

(iii)

Solid fencing shall be located outside of setback areas (LUO 23.04.100).

(iv)

Where necessary, fencing shall be designed to allow for the movement of wildlife.

(v)

Fencing and screening shall conform with the fencing and screening standards contained in Section 23.08.416(o), Planning Area Standards, specific plans, or design plans.

(vi)

Substitution for indoor cultivation. Where the proposed structures are designed to provide the functional equivalent of fencing for security, and opacity for screening, fencing around indoor cultivation structures may be waived or modified as specified below.

(vii)

This section may be waived or modified through Minor Use Permit or Development Plan approval, provided the review authority first finds that specifically identified characteristics of the site or site vicinity would make the required fencing or screening unnecessary or ineffective, and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds. Waiver or modification of fencing or

screening requirements may result in, or be granted in conjunction with, additional or alternative security measures being required by the Sheriff's Office in accordance with Section 23.08.416.d.

(8)

Renewable energy. All sites engaging in artificial light or mixed-light indoor cannabis nursery cultivation shall comply with State regulations regarding energy requirements.

(9)

Nuisance Odors. All cannabis nurseries shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis nursery cultivation (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

(10)

Pesticides. Pesticides and fertilizers shall be properly labeled, stored, and applied to avoid and prevent contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

(11)

Outdoor Lighting. Outdoor lighting shall be used for the purpose of illumination only and is subject to the provisions of Sections 23.04.320(b) through (f) and 23.08.416(o). Outdoor lighting shall not be located within the canopy area, used for photosynthesis, mixed-light processes, other purposes intended to manipulate cannabis plant growth, or in conjunction with cannabis hoop or shade cloth structures, whether attached or not to a cannabis hoop or shade cloth structure. Temporary lighting, whether powered by a portable generator or permitted electrical service, is prohibited. Any exterior lighting used for security purposes shall be motion activated, be located and designed to be motion activated, and shall be directed downward and to the interior of the site to avoid the light source from being visible off-site, and shall be the lowest-lumen necessary to address security issues. Where necessary, outdoor lighting shall be designed to minimize impacts to wildlife.

(12)

Interior Lighting. All facilities shall prevent interior lighting from being detected outside the facilities between the period of 1 hour before dusk and 1 hour after dawn. All Facilities employing artificial lighting techniques shall include shielding and/or blackout tarps that are engaged between the period of 1 hour before dusk and 1 hour after dawn and prevent any and all light from escaping.

f.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis nursery, as proposed, will comply with all of the requirements of State and County for the propagation of cannabis, including dual licensure and participation in an authorized track and trace

program;

(2)

The cannabis nursery will not be located within one thousand (1,000) from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required one thousand (1,000) foot location standard unnecessary or ineffective. The cannabis nursery will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six

hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(3)

The cannabis nursery includes adequate measures that minimize use of water for cannabis propagation at the site;

(4)

The cannabis nursery includes adequate quality control measures to ensure cannabis propagated at the site meets State regulatory standards;

(5)

The cannabis nursery includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are not supplied to unlicensed or unpermitted persons within the State and not distributed out of state.

(6)

(For nursery sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

(7)

(For setback modifications only.) Specific conditions of the site and/or vicinity make the required setback unnecessary or ineffective. Modification of the setback will not allow nuisance odor emissions from being detected offsite.

(8)

(For fencing and screening modifications only.) Specific conditions of the site and/or vicinity make the make the required fencing or screening unnecessary or ineffective, and, if applicable, would enhance neighborhood compatibility and minimize impacts to viewsheds.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425]

Editor's note— See editor's note, § 23.08.410.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

a.

Limitation on use. Cannabis processing facilities may be permitted in the Commercial Service (CS), Industrial (IND), Agriculture—Non-Prime Soils (AGnps), Rural Lands (RL) land use categories, subject to a land use permit as required below. Cannabis processing in the AGnps or RL land use categories may be vertically integrated with cannabis cultivation only. This section does not apply to cannabis processing that is ancillary to an approved cannabis cultivation site (the processing of cannabis grown on site only), which is otherwise subject to Section 23.08.418.

b.

Land use permit required. Cannabis processing facilities shall require Minor Use Permit approval unless a Development Plan is required by another Section of this Title.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

Storage and handling protocol plan.

(2)

A security plan that is consistent with Sheriff security guidelines that includes at a minimum lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.

(3)

Employee safety and training equipment plan, plus Materials Safety Data Sheet requirements, if any.

d.

Processing facilities standards.

(1)

Location.

(i)

Cannabis processing facilities shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the cannabis processing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

(ii)

Cannabis processing facilities shall not be located in a Flood Hazard Zone, Sensitive Resource Area, or High Fire Hazard Severity Zone.

(iii)

Limit on agricultural land. Cannabis processing facilities shall not be located on prime agricultural soils or on land under Williamson Act contract.

(iv)

Access in the AG or RL land use category. Cannabis processing facilities shall be located on and take access from a publicly maintained, paved, and through (non-dead-end) road.

(2)

Rural character design criteria. Cannabis processing facilities located outside of an Urban or Village Reserve Line (URL or VRL), shall be sited and designed (including, but not limited to, structures, pavement, fencing, signs, and exterior lighting) to be compatible with the rural character of the site and surrounding area. Factors to be considered include:

•Avoiding the removal of native oak trees or other significant landscape

• •Minimizing grading

• •Minimizing negative effect on the night sky

• •Agrarian Architectural style

• •Offsite views of structures and screening.

(3)

Setbacks. Setbacks are required as set forth in Section 23.04.100 and subsection 23.08.416(p), and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

(4)

Nuisance Odor. All cannabis processing shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for processing shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

e.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

(1)

The cannabis processing facility, as proposed, will comply with all the requirements of State and County for the processing of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis processing facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

(3)

The cannabis processing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis is obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(4)

The cannabis processing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(5)

(For processing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

ied cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[2019, Ord. 3391; 2020, Ord. 3425]

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

a.

Limitation on Use. Non-volatile cannabis manufacturing facilities may be permitted in the Commercial Service (CS), Industrial (IND), and Agriculture—Non-Prime Soils (AGnps) land use categories, subject to a land use permit, as required below. Cannabis manufacturing facilities involving volatile processes or substances (requiring a volatile manufacturing State license) are prohibited. Cannabis manufacturing facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only. Cannabis manufacturing facilities in the Agriculture—Non-Prime Soils land use category are limited to the processing of the raw cannabis materials grown onsite.

(1)

Limitations on type of manufacturing allowed on AG land.

(i)

Manufacturing of cannabis not grown on site is prohibited.

a.

Extraction shall be limited to the processing of raw cannabis materials grown on site.

b.

Infusion is prohibited.

(2)

Limit on the size of manufacturing facilities on AG land. Cannabis manufacturing facilities (including all product and storage areas) within the AG land use category shall be limited to a maximum gross floor area of 2,500 square feet.

(3)

Ancillary Activity. Cannabis manufacturing operations may include the following ancillary activity:

(i)

Cannabis transport. Only cannabis products manufactured on site may be transported to certain license types, as specified by State law. The transport operation shall be conducted from a non-residential structure.

b.

Land use permit required.

(1)

Minor Use Permit. Non-volatile manufacturing facilities of less than 40,000 square feet shall require Minor Use Permit approval unless a Development Plan is required by another Section of this Title.

(2)

Development Plan. Non-volatile manufacturing facilities of 40,000 square feet or more shall require Development Plan approval.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

A complete description of all products used in the manufacturing process including the cannabis supply chain, liquids, solvents, agents, and processes.

(2)

Storage protocol and hazard response plan.

(3)

A security plan that is consistent with Sheriff's security guidelines and includes lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis. The video system for the security cameras must be located in a locked, tamper-proof compartment.

(4)

Employee safety and training equipment plan, plus Materials Safety Data Sheet requirements, if any.

d.

Manufacturing standards.

(1)

Location. Cannabis manufacturing shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the manufacturing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

(i)

Limit on AG land. Cannabis manufacturing facilities shall not be located in a Flood Hazard Zone, Sensitive Resource Area, or High Fire Hazard Severity Zone.

(ii)

Limit on AG land. Cannabis manufacturing facilities shall not be located on prime agricultural soils or on land under Williamson Act contract (does not apply to extraction of raw cannabis materials grown on site).

(2)

Rural character design criteria. Cannabis manufacturing facilities located outside of an Urban or Village Reserve Line (URL or VRL), shall be sited and designed (including, but not limited to, structures, pavement, fencing, signs, and exterior lighting) to be compatible with the rural character of the site and surrounding area. Factors to be considered include:

• •Avoiding the removal of native oak trees or other significant landscape

• •Minimizing grading

• •Minimizing negative effect on the night sky

• •Agrarian Architectural style

(3)

Setbacks. Setbacks are required as set forth in Section 23.04.100 and Section 23.08.416(p), and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

(4)

Nuisance Odors. All cannabis manufacturing shall be sited and/or operated in a manner that prevents cannabis nuisance odors from being detected offsite. All structures utilized for indoor cannabis manufacturing shall be equipped and/or maintained with sufficient ventilation controls (e.g. carbon scrubbers) to eliminate nuisance odor emissions from being detected offsite.

(5)

Limitation on the manufacturing of cannabis edible products. The manufacturing of cannabis edible products, as defined by this Title, that are in the shape of animals, people, insects, or fruit is prohibited.

e.

Required Findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis manufacturing facility, as proposed, will comply with all of the requirements of State and County for the manufacturing of cannabis, including dual licensure and participation in an authorized track

and trace program;

(2)

The cannabis manufacturing facility does not pose a significant threat to the public or to neighboring uses from explosion or from release of harmful gases, liquids, or substances;

(3)

The cannabis manufacturing facility includes adequate quality control measures to ensure cannabis manufactured at the site meets industry standards and includes a documented employee safety training program, a Materials Data Safety Sheet (MSDS), and meets all requirements in the Health and Safety Code Section 11362.775, and as it may be amended;

(4)

The cannabis manufacturing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(5)

The cannabis manufacturing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(6)

(For manufacturing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

(7)

(For manufacturing on AG land) The cannabis manufacturing facility, as proposed, shall be clearly incidental and related to the primary operation of the cannabis cultivation in use and size and will not alter or change the character of the cultivation operation occurring on the site.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425]

Editor's note— Ord. No. 3391, § 1, adopted June 4, 2019, renumbered §§ 23.08.426—23.08.429 as §§ 23.08.424—23.08.428.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

a.

Limitation on use. Cannabis testing facilities may be permitted in the Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. Cannabis testing facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only.

b.

Land use permit required. Cannabis testing facilities of less than 20,000 square feet shall require Minor Use Permit approval. Cannabis testing facilities of 20,000 square-feet or greater shall require Development Plan approval.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416, and include an operations plan detailing how cannabis will be received, secured, tested, and destroyed upon completion.

d.

Location. Cannabis testing facilities shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the testing facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

e.

Setbacks. Setbacks are required as set forth in Section 23.04.100 and 23.08.416(p), and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

f.

Required Findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis testing facility, as proposed, will comply with all of the requirements of State and County for the testing of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The owners, permittees, operators, and employees of the cannabis testing facility will not be associated with any other form of commercial cannabis activity;

(3)

The cannabis testing facility is accredited by an appropriate accrediting agency as approved by the State and further described in Health and Safety Code Section 5238 and as it may be amended;

(4)

The cannabis testing facility operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

(5)

The cannabis testing facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(6)

The cannabis testing facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(7)

(For testing sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425]

Editor's note— See editor's note, § 23.08.424.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

23.08.427 - Cannabis Dispensaries (L-5).

a.

Limitation on use.

(1)

Cannabis dispensary structures shall not be open to the public for retail sales. Only dispensaries requiring a Non-Storefront Retailer State license are allowed. Dispensaries requiring a Type 10 Retailer State license are prohibited.

(2)

Cannabis dispensaries not operating within a permanent structure (mobile retailers) are prohibited.

(3)

Cannabis dispensaries (non-storefront retailers) may be permitted in the Agriculture—Non-Prime Soils (AGnps), Commercial Service (CS) within an Urban Reserve Line (URL) only, Industrial (IND), Residential Rural (RR), and Rural Lands (RL) land use categories subject to a land use permit.

(4)

Cannabis dispensaries in the RR and RL land use categories are limited to the dispensing of cannabis that is grown on site.

(5)

Cannabis dispensaries in the AGnps land use category are limited to the dispensing of cannabis that is grown on site, or cannabis products manufactured with cannabis grown on site.

b.

Land use permit required. All cannabis dispensaries shall require Minor Use Permit approval unless a Development Plan is required by another Section of this Title.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

A security plan that is consistent with Sheriff's security guidelines and includes, at a minimum, lighting, security video cameras, alarm systems and secure area for cannabis storage. The security plan shall include a requirement that there be at least 90 (ninety) business days of surveillance video (that captures both inside and outside images) stored on an ongoing basis, and the surveillance video shall have real-time access for the Sheriff's Office. The video system for the security cameras must be located in a locked, tamper-proof compartment.

d.

Dispensary standards.

(1)

Location.

(i)

Cannabis dispensaries with storefronts not open to the public (mobile deliveries) shall not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, or drug and/or alcohol recovery or licensed sober living facility. Distance shall be measured from the structure that contains the dispensary to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

(ii)

A new adjacent use does not affect the continuation of an existing use that was permitted and legally established under the standards of this Section.

(2)

Setbacks. Setbacks are required as set forth in Section 23.04.100 and 23.08.416(p) and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

(3)

Hours of Operation. Dispensaries may operate in accordance with §15403, Hours of Operation, as updated by the California Department of Cannabis Control.

(4)

Non-storefront retailers. Deliveries from a legally established and permitted cannabis dispensary, within a permanent structure are allowed under this Section.

(5)

Mobile retailers. Mobile retailers are prohibited.

e.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis dispensary, as proposed, will comply with all of the requirements of State and County for the dispensing of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis dispensary will not be open to the public (non-storefront retailers only) and will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(3)

The cannabis dispensary includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(4)

(For dispensary sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425; 2024, Ord. 3513]

Editor's note— See editor's note, § 23.08.424.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

23.08.428 - Cannabis Distribution Facilities (L-6).

a.

Limitation on Use. Cannabis distribution facilities may be permitted in the Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. Cannabis distribution facilities in the Commercial Service land use category are limited to those sites within an Urban Reserve Line (URL) only.

b.

Land use permit required.

(1)

Minor Use Permit. Distribution facilities of less than 40,000 square feet shall require Minor Use Permit approval unless a Development Plan is required by another Section of this Title.

(2)

Development Plan. Distribution facilities of 40,000 square feet or more shall require Development Plan approval.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

An operations plan detailing how, and from where, cannabis and cannabis products will be received, how any storage and distribution operations will be secured to prevent theft and trespass, and to whom the product will be distributed.

(2)

Loading areas.

(3)

Storage and handling plans.

d.

Location. Cannabis distribution facilities shall not be located within six hundred (600) feet from any preschool, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility. Distance shall be measured from the structure that contains the distribution facility to the property line of the enumerated use using a direct straight-line measurement. This location standard may be modified to reduce the distance below 600 feet from any library, park, playground, recreation center, licensed drug or alcohol recovery facility, or licensed sober living facility only, through Development Plan approval per Section 23.08.012.

e.

Setbacks. Setbacks are required as set forth in Section 23.04.100 and 23.08.416(p), and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

f.

Required findings. In addition to the mandatory findings required by Section 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this section:

(1)

The cannabis distribution facility, as proposed, will comply with all of the requirements of State and County for the distribution of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis distribution facility operating plan demonstrates proper protocols and procedures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring

that cannabis and cannabis products are obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(3)

The cannabis distribution facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, library, park, playground, recreation or youth center, licensed drug or alcohol recovery facility, or licensed sober living facility; or

(For location modifications only.) Specific conditions of the site and/or vicinity make the required six hundred (600) foot location standard from libraries, parks, playgrounds, recreation centers, licensed drug or alcohol recovery facilities, or licensed sober living facilities unnecessary or ineffective;

(4)

(For distribution sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[Added 2017, Ord. 3357; 2019, Ord. 3391; 2020, Ord. 3425]

Editor's note— See editor's note, § 23.08.424.

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021] 23.08.429 - Cannabis Transport Facilities (L-8).

a.

Limitation on use. Cannabis transport-only facilities may be permitted in the Agriculture—Prime Soils (AGps), Agriculture—Non-Prime Soils (AGnps), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), Residential Single Family (RSF), Office and Professional (OP), Commercial Retail (CR), Commercial Service (CS) and Industrial (IND) land use categories subject to a land use permit. This does not include transport to end users or for retail sale (cannabis dispensary) or transport of nursery products (cannabis nursery). This section does not apply to the transport of cannabis when ancillary to an approved cannabis cultivation, cannabis nursery, or cannabis manufacturing land use permit.

b.

Land use permit required.

(1)

Plot Plan. Cannabis transport facilities shall require a Plot Plan and business licenses approval pursuant to Section 23.02.030, unless a Minor Use Permit is required per subsection 2, or a Development Plan is required by another Section of this Title.

(2)

Minor Use Permit. Minor Use Permit approval is required where site disturbance of one acre or greater is proposed, or where grading is proposed on slopes of 10 percent or greater.

c.

Application requirements. In addition to any specific requirements in this Section, land use permit applications for cannabis transport facilities shall comply with the requirements of Chapter 23.02 and Section 23.08.416.

(1)

Statement of understanding of and compliance with State law as applicable to the safe handling and transport of cannabis and cannabis products, including track-and-trace system requirements.

(2)

A list of the licenses types for which transport will be provided.

(3)

Waiver of content. The Director may waive the application requirements of both Chapter 23.02 and 23.08.416 provided the circumstances or conditions described in Section 23.02.024 apply.

d.

Cannabis transport facilities standards.

(1)

Location. Cannabis transport facilities shall not be located within six hundred (600) feet from any preschool, elementary school, junior high school, high school, or youth center. Distance shall be measured from the structure that contains the transport facility to the property line of the enumerated use using a direct straight-line measurement.

(2)

Setbacks. Setbacks are required as set forth in Section 23.04.100 and subsection 23.08.416(p), and from all watercourses consistent with the Regional Water Board's setbacks for cannabis cultivation.

(3)

Parking in commercial and industrial land use categories (OP, CR, CS and IND). Off street parking shall be provided pursuant to Section 23.04.162 for "Other Offices." Commercial vehicles shall be stored in compliance with Section 23.08.024(b).

(4)

Requirements in AG, RL, RR, RS, and RSF land use categories. The following standards apply in the Agriculture (AG), Rural Lands (RL), Residential Rural (RR), Residential Suburban (RS), and Residential Single Family (RSF) land use categories.

(i)

Principal Use. Notwithstanding Section 23.08.416(s), there shall be a principal residence on the site of the transport facility.

(ii)

Employees. No other person other than members of the household residing on the premises may be working at the site.

(iii)

Parking and Traffic. The cumulative traffic generated for the site, shall not exceed 10 trips per day, and shall only involve types of vehicles normally associated with a home in a residential neighborhood, except in compliance with Section 23.08.024(b). All parking needs shall be met off the street.

(5)

Ownership and sale prohibited. Transport facilities may not own or sell cannabis or cannabis products, or store cannabis or cannabis products at the premises of the business.

e.

Required findings for discretionary land use permits only. In addition to the mandatory findings required by 23.02.034.C.4, the Review Authority shall make the following additional findings in order to approve a land use permit under this subsection:

(1)

The cannabis transport facility, as proposed, will comply with all the requirements of State and County for the processing of cannabis, including dual licensure and participation in an authorized track and trace program;

(2)

The cannabis transport facility includes adequate quality control measures to ensure cannabis processed at the site meets State regulatory standards;

(3)

The cannabis transport facility includes adequate measures that address enforcement priorities for cannabis activities including restricting access to minors, and ensuring that cannabis is obtained from and supplied only to other permitted licensed sources within the State and not distributed out of State.

(4)

The cannabis transport facility will not be located within six hundred (600) feet from any pre-school, elementary school, junior high school, high school, or youth center;

(5)

(For transport facility sites with verified cannabis-related violations within the last twenty-four (24) months.) The proposed project or use will not contribute to repeat violation on the site. The subject site is in compliance with all laws, rules, and regulations pertaining to land uses, building and construction, health and safety, and any other applicable provisions of this Title, and such violation processing fees have been paid.

[2019, Ord. 3391; 2020, Ord. 3425]

[Clerk's Note: California Coastal Commission Approved Ord. No. 3391 and Ord. No. 3425 May 14, 2021]

Any of the following shall be grounds for revocation of the find use permit, based on substantial evidence and following notice and public hearing pursuant to Section 23.08.431:

a.

Failure to comply with one or more of the conditions of the land use permit;

b.

The land use permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant;

c.

Any act or omission by an owner or permittee in contravention of the provisions of this Chapter;

d.

Any act or omission by an owner or permittee that results in the denial or revocation of the owner's or permittee's State license;

e.

Any act or omission that results in the revocation of that owner's or permittee's commercial cannabis Business License Clearance under Title 6 of the San Luis Obispo County Code;

f.

Any act or omission by an owner or permittee in contravention of State law or the San Luis Obispo County Code on the site that received land use permit approval;

g.

An owner's or permittee's failure to take appropriate action to evict or otherwise remove persons conducting commercial cannabis activities who do not maintain the necessary permits or licenses in good standing with the County or State;

h.

Conviction for possession or delivery of any form of illegal drugs; or

i.

Conduct of the commercial cannabis activities in a manner that constitutes a nuisance, where the owner or permittee has failed to comply with reasonable conditions to abate the nuisance (e.g. odor).

[Added 2017, Ord. 3357; 2020, Ord. 3425]

[Clerk's Note: California Coastal Commission Approved Ord. No. 3425 May 14, 2021]

A Cannabis Enforcement Officer may initiate proceedings to revoke the approval of any land use permit issued in compliance with this Chapter in any case where a use of land has been established or is conducted in a manner which violates or fails to observe the provisions of this Chapter or a condition of approval, as provided by this Chapter.

a.

Notice of pending revocation. The Cannabis Enforcement Officer shall notify the permit holder of the intended revocation of the approval of a land use permit at least 1 0 calendar days before a revocation hearing, which will be held in accordance with Section 23.08.432. Service of notice shall be accordance with Section 23.10.040. If the Notice is served by mail the time period set forth above shall be extended by two (2) additional days. The notice shall contain the following.

(1)

A heading reading, "Notice of Revocation Hearing."

(2)

The provisions and/or conditions violated and the means to correct the violation(s), if any.

(3)

The date and place of the revocation hearing.

b.

Revocation hearing. Before any action is taken to revoke an approved land use permit, a hearing shall be conducted in compliance with Section 23.08.433 ("Enforcement").

c.

Action to revoke. If after the revocation hearing the Cannabis Hearing Officer finds that grounds for revocation have been established, the Cannabis Hearing Officer may:

(1)

Allow the permit holder additional time to correct the violation or non-compliance; or;

(2)

Modify conditions of approval on the basis of evidence presented at the hearing; or;

(3)

Revoke the approved land use permit and order the discontinuance or removal of the approved use within a time specified by the Cannabis Hearing Officer following an enforcement hearing held pursuant to section 23.08.433 ("Enforcement").

The Cannabis Hearing Officer shall issue a written decision within five (5) calendar days after the close of the hearing. The decision of the Cannabis Hearing Officer shall be final and revocation shall become effective 7 days after the action of the Cannabis Hearing Officer. Upon the effective date of revocation, the Cannabis Enforcement Officer shall initiate nuisance abatement proceedings by preparing and serving a Notice of Nuisance in compliance with Section 23.08.432.

d.

Use after revocation. When an approved land use permit has been revoked, no further development or use of the property authorized by the revoked entitlement shall be continued, except in compliance with approval of a new land use permit and any other authorizations or permits required by this Code.

[Added 2017, Ord. 3357; 2020, Ord. 3425]

[Clerk's Note: California Coastal Commission Approved Ord. No. 3425 May 14, 2021]

The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.

a.

Any condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance constituting an immediate threat to public health and safety which may, at the discretion of the County, be summarily abated and all costs of abatement recovered from the owner of the real property where the violation is found in addition to any other responsible party, and which shall additionally, at the discretion of the County, create a cause of action for penalty pursuant to Chapter 23.10 of this Code, and any other action authorized by law:

(1)

Additionally, it shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental State is required to establish a violation.

(2)

Any person violating any of the provisions of this chapter shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

(3)

Each and every cannabis plant, including both immature and mature (flowering) plants, cultivated in violation of this Chapter shall constitute a separate violation subject to the penalties and fines of this Chapter, Chapter 1.05 and Chapter 23.10.

(4)

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Chapter or from liability for the County's cost of abatement of such violation.

b.

Notice of nuisance abatement.

(1)

Upon the determination by the Cannabis Enforcement Officer that a nuisance exists, the Cannabis Enforcement Officer shall prepare a Notice of Nuisance Abatement, which may be combined with d notice of violation and a notice of the approximate amount of administrative fines, in accordance with this Section. The notices shall be served in accordance with Section 23.1 0.040 ("Notices — Service and Release"). If the Notice is served by mail the time period set forth below shall be extended by two (2) additional days. The Notice of Nuisance Abatement shall contain:

(i)

A heading, "Notice of Nuisance Abatement."

(ii)

A legal description and street address, assessor's parcel number, or other description sufficient to identify the premises affected.

(iii)

A statement that unlawful cannabis activity exists on the site and that the Cannabis Enforcement Officer has determined it to be a public nuisance under this Chapter.

(iv)

A description of unlawful cannabis activity and the actions required to abate it if the County has not already abated such activity as an immediate threat to public health or safety.

(v)

An order to complete abatement of the nuisance within 5 calendar days of any nuisance which has not already been abated by the County as an immediate threat to public health or safety.

(vi)

A statement that a hearing will be held before the Cannabis Hearing Officer to consider whether to order abatement of the nuisance, if the County has not already abated such activity as an immediate threat to public health and safety, and/or levy a special assessment for abatement costs, including administrative costs, which may be collected at the same time and in the same manner as is provided for the collection of ordinary county taxes in compliance with Section 25845 of the Government Code. Special assessments are subject to the same penalties, interest and procedures of foreclosure and sale in the case of delinquency as is provided for ordinary county taxes.

(vii)

A statement that the County intends to charge the property owner for all administrative costs associated with abatement of conditions defined as a nuisance by Section 23.10.150, in compliance with Section 23.10.050. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and become a lien on the real property, or be placed on the unsecured tax roll.

(viii)

A notice to appear before the Cannabis Hearing Officer at a stated time and place not less than 5 days after service of the notice, to show cause why stated conditions should not be found to be a nuisance, and why the nuisance should not be abated by the County if the County has not already abated such activity as an immediate threat to public health or safety.

c.

Enforcement hearings. Hearings conducted for the purposes of permit revocation, and nuisance abatement pursuant to this Chapter, shall be conducted as follows:

(1)

The Board of Supervisors hereby establishes the Office of County Cannabis Hearing Officer pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code, to which Office the Board of Supervisors by resolution shall appoint one or more Cannabis Hearing Officers. Each Cannabis Hearing Officer shall be a duly licensed attorney at law that has been admitted to practice before the courts of this state for at least five years. A Cannabis Hearing Officer shall be appointed for a term of at least one year. If the Board appoints more than one Cannabis Hearing Officer, a Cannabis Hearing Officer shall be assigned by the Director of the Department of Planning and Building, or a designee, based on an alphabetical rotation and/or availability of the officer(s).

The Board of Supervisors shall approve by resolution policies and procedures relating to the contracting with and compensation of Cannabis Hearing Officers. The compensation and/or future appointment of a Cannabis Hearing Officer shall not be directly or indirectly conditioned upon the substance of his/her rulings, including, but not limited to, the amount of administrative fines levied In the event of a vacancy,

rvisors shall approve by resolution policies and procedures relating to the contracting with and compensation of Cannabis Hearing Officers. The compensation and/or future appointment of a Cannabis Hearing Officer shall not be directly or indirectly conditioned upon the substance of his/her rulings, including, but not limited to, the amount of administrative fines levied In the event of a vacancy,

conflict of interest or other unavailability of an appointed Cannabis Hearing Officer, an administrative law judge provided by the State of California Office of Administrative Hearings to function as the County Hearing Officer pursuant to Chapter 14 of Part 3 of Division 2 of Title 3 of the California Government Code or an independent contractor assigned by an organization or entity which provides hearing officers may act as a Cannabis Hearing Officer for the purposes of this Chapter without further approval required by the Board of Supervisors.

Cannabis Hearing Officers shall have all those powers set forth in sections 27721 and 27722 of the Government Code, including, but not limited to, the power to conduct the hearing, to issue subpoenas, to receive evidence, to administer oaths, to rule on questions of law and the admissibility of evidence, to make findings of fact and conclusions of law, and to prepare a record of the proceedings, as well as the powers to in his or her discretion continue a hearing one time for no more than five (5) days, upon a showing of good cause by a party of interest in advance of the date originally set for the hearing, and the power to uphold fines and abatement orders and order that the cost of the abatement be specially assessed against the parcel.

(2)

Pursuant to Government Code sections 25845, subdivision (i) and 27721, subdivision (a), the Cannabis Hearing Officer shall hold an administrative hearing to determine whether the conditions existing on the property subject to the notice constitute a nuisance under this Chapter, or whether there is any other good cause why those conditions should not be abated. This hearing shall be held no less than five (5) calendar days after service of the notice of violation.

(3)

The Cannabis Hearing Officer shall conduct the hearing as follows:

(i)

The Cannabis Hearing Officer will hear sworn testimony and consider other evidence concerning the conditions constituting cause to revoke approved permit(s) and/or abate a nuisance.

(ii)

Respondents to enforcement actions may be present at the hearing, may be represented by counsel, may present testimony, evidence, and cross-examine witnesses.

(iii)

If the respondent does not appear and present evidence at the hearing, the Cannabis Hearing Officer may base their decision solely upon the evidence submitted by the Cannabis Enforcing Officer. Failure of the respondent to appear and present evidence at the hearing shall constitute a failure to exhaust administrative remedies.

(iv)

The hearing need not be conducted according to technical rules relating to evidence and witnesses, and may be continued from time to time.

(v)

The hearing shall be conducted in the English language. The proponent of any testimony by a witness who does not proficiently speak the English language shall provide an interpreter who has been certified as an interpreter by either the State of California or the County of San Luis Obispo.

(vi)

The Cannabis Hearing Officer will deliberate upon the evidence presented, and shall, within two (2) calendar days after the close of the hearing, issue a written decision and order that either affirms, reverses, or modifies the determination contained in the Notice of Nuisance Abatement issued by the Cannabis Enforcement Officer, and may include findings relating to the existence or non-existence of the alleged nuisance, as well as findings concerning the propriety and means of abatement of the conditions set forth in the Notice of Nuisance Abatement and/or appropriateness of fines levied. The decision of the Cannabis Hearing Officer shall be mailed to, or personally served upon, the respondent and any other party upon whom the notice of violation was served, and the Cannabis Enforcement Officer. The decision shall be final when signed by the Cannabis Hearing Officer and served as herein provided.

(vii)

Whenever the Cannabis Hearing Officer becomes aware that a respondent has failed to abate any unlawful cannabis activity within two (2) calendar days of the date of service of the decision of the Cannabis Hearing Officer under this Section requiring such abatement, the Cannabis Hearing Officer may direct a Cannabis Enforcement Officer to enter upon the property and abate the nuisance. The Cannabis Enforcement Officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary.

(viii)

The costs of abatement and all administrative costs incurred pursuant to this Chapter shall be recoverable in accordance with the Section 23.10.050 and Section 23.10.150.

d.

Pesticide Use Enforcement. Pursuant to the California Code of Regulations, Title 3. Food and Agriculture, Section 6140(a), the director or commissioner may, during business hours, or if necessary to ensure immediate compliance, at any other reasonable time enter and inspect, and/or sample any of the following or related items in order to determine compliance with the provisions of this Chapter and Divisions 6 and 7 of the Food and Agricultural Code, which pertain to pesticides and pest control operations:

(1)

Fields, areas, structures, and greenhouses where pesticides are handled, stored or applied;

(2)

Growing crops and harvested commodities;

(3)

Equipment (including protective clothing and equipment) used to store, transport or handle pesticides;

(4)

Change areas and other facilities used by employees; and

(5)

Pesticides and tank mixtures thereof.

In addition, California Code of Regulations, Title 3, Food and Agriculture, Section 6J40(b) gives the commissioner the authority to inspect the pesticide related records of growers, pest control businesses, and other during business hours.

e.

Weights and Measures. Notwithstanding this ordinance, the County Agricultural Commissioner/Sealer shall have the duty of enforcing Division 5 of the California Business and Professions Code and carrying out its provisions and requirements as set forth in the California Code of Regulations, Title 4, Division 9. This shall include the inspection, testing, and registration of weighing devices, the inspection of prepackaged product, and the inspection of product labeling relative to the commercial sale of cannabis.

1.

Additionally, it shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental State is required to establish a violation.

2.

Any person violating any of the provisions of this chapter shall be guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, or permitted.

3.

Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any condition which violates any provision of this Title.

[Added 2017, Ord. 3357; 2018, Ord. 3362; 2020, Ord. 3425; 2024, Ord. 3513]

[Clerk's Note: California Coastal Commission Approved Ord. No. 3425 May 14, 2021]

Chapter 23.09 - NONCONFORMING USES