§ 26.01

In order to effectively implement the provisions of this title, the following documents, including maps and text, are adopted and included by reference as part of this title, as though they are fully set forth herein:

(1)

San Luis Obispo County general plan, including all elements thereof and all amendments thereto, as adopted by the board of supervisors pursuant to Sections 65000, et seq. of the Government Code;

(2)

Building and construction ordinance, Title 19 of this code;

(3)

Land use ordinance, Title 22 of this code;

(4)

Coastal zone land use ordinance, Title 23 of this code.

(Ord. 2957A § 1, 2002; Ord. 2477 § 2 (part), 1990)

(Ord. No. 3510, § 1, 4-24-24; Ord. No. 3561, § 1, 12-16-25)

The provisions of this title apply to the issuance of all construction permits for dwelling units within the Community of Los Osos, as follows:

(1)

Proposed Dwelling Units. The provisions of the title apply to all dwelling units proposed to be constructed whether by new construction or remodel after the adoption of this title unless specifically exempted by this title. It shall be unlawful and a violation of this code for any person to construct a dwelling unit contrary to or without satisfying all applicable provisions of this title. This includes but is not limited to:

a.

Placement of a mobilehome on an individual parcel;

b.

Placement of a mobilehome within a mobilehome park; or

c.

The conversion of a nonresidential structure, including commercial structures, to a dwelling unit.

(2)

Completion of Existing Construction Permits. Nothing in the title shall require any change in the plans, construction or approved use of a dwelling unit for which a construction permit has been issued before the effective date of this title, provided construction is commenced and completed in accordance with the provisions of the county code, including, but not limited to: Title 19, Building and Construction Ordinance; and Title 23, Coastal Zone Land Use Ordinance.

(Ord. 3155 § 2, 2008; Ord. 2743 § 1, 1995; Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 1, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

No application to construct a new dwelling unit shall be accepted for processing or approved, unless the proposed new dwelling unit is determined to be in compliance with the provisions of this title and other applicable provisions of this code.

(Ord. 2477 § 2 (part), 1990)

(Ord. No. 3561, § 1, 12-16-25)

The provisions of the title do not apply to any of the following:

(1)

Vesting Tentative Maps. Building permit applications for new dwelling units using the rights conferred by a vesting tentative map as provided by Government Code Sections 66498.1 et seq. where the vesting tentative map application was filed with the planning and building department on or before July 10, 1990, except where such applications are denied pursuant to any of the provisions of California Government Code Section 66498.1.

(2)

Replacement Dwellings.

(Ord. 3155 § 3, 2008: Ord. 3110 § 1, 2006: Ord. 3091 § 1, 2006; Ord. 3005 § 1, 2003; Ord. 2946 § 2, 2001; Ord. 2905 § 3, 2000; Ord. 2902 § 3, 2000; Ord. 2743 § 2, 1995; Ord. 2580 § 1, 1992; Ord. 2506 § 1, 1991: Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 2, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

This title shall be administered by the director of planning and building, who will establish specific procedures, consistent with the intent of this title, and advise the public about its requirements. The

responsibilities of the director under this title include the following functions, which may be carried out by planning department employees under the supervision of the director:

(1)

Application Processing. Receive and review all applications for projects; certify that applications submitted have been properly completed; establish permanent files; conduct site project analyses; meet with applicants; collect fees; prepare reports; process appeals; present staff reports to the planning commission and board of supervisors where applicable; and

(2)

Permit Issuance. Issue construction permits for new dwelling units under this title and certify that all such permits are in full conformance with its requirements; and

(3)

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

(4)

Amendment. Request that the board of supervisors initiate amendment of this title in a manner similar to Land Use Ordinance, Title 22, Section 22.70.040, Amendments, when such amendment would better implement the policies of the general plan and increase its effectiveness and/or improve or clarify the procedures or content of this title.

(Ord. 3155 § 4, 2008; Ord. 3005 § 2, 2003; Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 3, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

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

(1)

Effect of Provisions.

a.

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

b.

Effect Upon Private Agreements. It is not intended that these regulations are to interfere with or annul any covenants or other agreements between parties. When these regulations are more restrictive upon the issuance of construction permits for new dwelling units than are imposed or required by other ordinances, rules, regulations or by covenants or agreements, these regulations shall control.

(2)

Definitions. Definitions of the specialized terms and phrases used in this title are contained in certain other sections of this title where the terms and phrases are actually used, or in the documents comprising the county general plan, or in Titles 19, 22 or 23 of the county code. For purposes of this title, the following definitions shall also apply:

a.

Allocation. The right, granted by this title, to make application for construction of a new dwelling unit (including the placement of a mobilehome or the conversion of a nonresidential structure to a dwelling unit).

1.

When allocations for dwelling units are available and a complete application for a construction permit is submitted, an allocation can concurrently be approved.

2.

An allocation is not guarantee of receiving approval for the requested dwelling unit. The actual number of dwelling units to be allowed shall be determined by the Board through an annual allocation review process. For those parcels that have requests filed prior to July 1, 2003 and therefore have vested rights, the filing of the construction permit may occur prior to completion of any discretionary permits in order to satisfy the time frames required to reserve the allocation.

b.

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

c.

Maximum Annual Allocation. The maximum annual allocation equals the annual number of construction permits that may be issued for new dwelling units per year within the Los Osos Urban Reserve Line. The actual number of dwelling units to be allowed shall be determined by the board through an annual allocation review process.

d.

New Dwelling Unit. For the purposes of this title, "new dwelling unit" does not include the replacement of any existing, lawfully established dwelling unit with another unit on the same site, or the remodeling or enlargement of an existing unit, provided that the number of existing units is not increased. The construction of a new structure to be used as a dwelling unit includes, but is not limited to:

1.

Placement of a mobilehome on an individual parcel;

2.

Placement of a mobilehome within a mobilehome park;

3.

Conversion of a nonresidential structure (including commercial) to a residential use;

4.

Action resulting in a structure becoming a primary dwelling unit;

5.

Ministerial and discretionary approvals that result in a structure becoming a dwelling unit.

e.

Number of Days. Whenever a number of days is specified in this title, or in any request for allocation, or in any permit, condition, or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. Whenever the term "week" is used, it shall mean the days from Sunday to the following Saturday, inclusive.

f.

Residential Unit Ownership Project. A project based on a comprehensive, unified site design that will include a phasing schedule specifying the time period over which the project will be built and the number of dwelling units to be built in each phase, and meeting the following criteria: Each phase will provide the necessary services and infrastructure so as to be both self-supporting as well as integrated into the whole project, including specifying the standards for land use and related improvements (i.e., streets, utilities, public and private open space, buffers, etc.) plus responsibilities for their installation, ownership and maintenance; the overall project is characterized by creative and innovative design features and a variety of housing types. Such projects are to be approved as mixed use or cluster divisions within urban or village

reserve lines under the provisions of Title 23 of the county code, approved through a development plan or conditional use permit, approved through a specific plan adopted by the county in accordance with the California Government Code, or covered by a development agreement approved by the Board of Supervisors.

(Ord. 3155 § 5, 2008; Ord. 3091 § 2, 2006; Ord. 3019 § 1, 2003; Ord. 3005 §§ 3, 4, 2003; Ord. 2743 §§ 3, 4, 1995; Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 4, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

Any person aggrieved by a decision of the director involving the interpretation or application of this title may appeal any such decision as follows:

(1)

Processing of Appeals.

a.

Timing and Form of Appeal. An appeal shall be filed within fourteen days of the decision that is the subject of the appeal. The appeal shall be in writing and shall be filed with the planning commission secretary using the forms provided by the department. The written appeal must state the factual and legal basis by which the appellant contends that he or she is entitled to have the decision of the director overturned.

b.

Filing Fee and Cost Recovery. The appeal shall be accompanied by an appeal fee in the amount then established by the county fee ordinance, representing a deposit to be used to reimburse the county for the actual costs and expenses incurred by the county in processing, investigating and deciding said appeal. The appellant shall execute a cost accounting agreement with the county pursuant to the county's fee ordinance to reimburse the county for the actual recorded costs, plus overhead, incurred by the county in processing the appeal.

c.

Report and Hearing. When an appeal has been filed, the director shall prepare a report on the matter, and cause the appeal to be scheduled for consideration by the planning commission at its next available meeting after completion of the report.

d.

Action and Findings. After holding a public hearing on the matter pursuant to subsection (2) of this section, the planning commission may affirm, affirm in part, or reverse the action, decision or determination that is the subject of the appeal, based upon findings of fact regarding the particular case. Such findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title.

e.

Withdrawal of Appeal. After an appeal to a decision regarding the interpretation or application of this title has been filed, the appeal shall not be withdrawn except with the consent of the planning commission.

(2)

Public Hearing Notice. When a public hearing is to be held pursuant to this title, notice of the public hearing shall be provided as required by Government Code Sections 65091, et seq. and by any additional means the director deems appropriate.

(3)

Appeal Jurisdiction. All appeals shall be heard by the planning commission. The following actions of the department of planning and building pertaining to the interpretation or application of this title may be appealed to the planning commission:

a.

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

b.

Any determination that information submitted with any application or request required by this title is incomplete;

c.

Any decision of the department to approve or deny any application or request required by this title;

d.

Any decision by the director to revoke or cancel any application or request approved pursuant to this title.

(4)

Matters Excluded from Appeal. Specifically excluded from appeal are matters which for their resolution require the amendment or change of this title, or other county ordinances or resolutions.

(5)

Planning Commission Decisions. All decisions of the planning commission on appeals filed pursuant to this title are final.

(Ord. 3155 § 6, 2008; Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 5, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

This section describes general procedures for determining the number of dwelling unit construction permit applications processed by the department of planning and building, how the annual allotment is to be conducted, what information must be included with an application submitted for processing under the provisions of this title, and the time limits for processing applications for new dwelling units to be permitted under this title.

(1)

Maximum Number of New Dwelling Units Allowed within the Los Osos Urban Reserve Line. This section applies to projects within the Los Osos Urban Reserve Line whose land use permits are accepted for processing or approved on or after the effective date of this section, November 29, 2024. In accordance with the California Coastal Commission certification of the Local Coastal Plan, for the purpose of allocations of dwelling units within the community of Los Osos, this section shall apply to all residential dwelling units, including accessory dwellings and deed-restricted affordable housing dwelling units, within the Los Osos Urban Reserve Line.

a.

Annual maximum allocation of dwelling units within the Los Osos Urban Reserve Line shall be conducted as follows: The annual growth rate shall be established based on review of the best available groundwater monitoring data. The department shall conduct such review and provide a recommendation to the board of supervisors. Such review shall include consideration of recommendations from the Los Osos Basin Management Committee and the groundwater sustainability director's review of such recommendations. The maximum annual growth rate within the Los Osos Urban Reserve Line shall be as follows:

1.

Calendar Year 2025: Annual growth rate of 0.4%.

2.

Calendar Year 2026: Annual growth rate of 0.6%.

3.

Calendar Year 2027: Annual growth rate of 0.8%.

4.

Calendar Year 2028 and beyond: Annual growth rate shall be established based on a five-year rolling average of the most recent annual basin yield metric, as reported by the Los Osos Basin Management Committee's annual reports.

Table 1. Annual Growth Rate based on Basin Yield Metric.

b.

Definitions for the Allocation Process within the Los Osos Urban Reserve Line.

1.

Waitlist Property Owners. Property owners with a parcel included on the Los Osos Waitlist to Build.

2.

Notice. The following definition shall be used in this ordinance to define the following: "notice," "notifies," "notified," "noticing." A dated, written notice of authorization to file for a construction permit from the department to waitlist property owners.

3.

Batch. A portion of the maximum annual allocation allowed for the annual maximum growth rate of the calendar year, per Table 1. A waitlist property owner will be notified of their property's assigned batch number within the timeframe described in Table 2.

4.

Response. The following definition shall be used in this ordinance to define the following: "response," "respond," "responds," "responded." A written confirmation from a waitlist property owner who has received a written notice from the department on a department-provided form, which confirms and declares that the waitlist property owner is either:

i.

Ready to submit a construction permit application within the deadline indicated on the notice; or

ii.

Not ready to submit a construction permit application within the deadline indicated on the notice and agrees to postpone submittal of a construction permit.

5.

Postpone. Agreement of a Notified Waitlist Property Owner to postpone or delay submittal of a construction permit application beyond the deadline indicated on the notice.

6.

Unused Allocations. Allocations that were confirmed in writing by a notified waitlist property owner (who received a notice of authorization to file for a construction permit) as not ready to submit within the deadline indicated on the notice and agree to postpone submittal of a construction permit application or that were not confirmed in writing by a notified waitlist property owner within the deadline indicated on the notice.

7.

"Los Osos Waitlist to Build." The Los Osos waitlist to build established prior to November 29, 2024, shall be utilized when determining the priority of allocations within the community sewer service area.

c.

Distribution of Annual Maximum Allocation of Dwelling Units Within the Los Osos Urban Reserve Line.

1.

Dwellings Within the Community Sewer Service Area. Prior to July 1 of each calendar year the number of allocations for dwellings within the community sewer service area shall not exceed seventy-five percent of the annual maximum allocation.

2.

Dwellings Outside of the Community Sewer Service Area, Accessory Dwellings, Deed-restricted Affordable Housing, and Conversion of Second-story Nonresidential Floor Area. Prior to July 1 of each calendar year, twenty-five percent of the annual maximum allocation shall be reserved for dwellings outside of the community sewer service area, accessory dwellings, deed-restricted affordable housing, and dwelling resulting from conversion of existing second-story nonresidential floor area to residential use. Dwellings resulting from conversion of existing second-story nonresidential floor area to residential use allowed under this subsection shall not be permitted, licensed, or otherwise used as short-term rentals (such as residential vacation rentals) and shall not exceed one thousand two hundred square feet in floor area per dwelling unit.

3.

Noticing Timeframe. After the maximum allocation has been approved by the board, and prior to January 1 of the upcoming calendar year or as soon as is reasonably practicable, the department will distribute a written notice to waitlist property owners of their position on the waitlist to build and which batch number in the upcoming calendar year that their property belongs to, as well as the pertinent deadlines. Waitlist property owners shall use the batch number provided in the notice and the time periods identified in Table 2 (as may be modified in the notice), to determine when action is required.

4.

Confirmation by Notified Waitlist Property Owners. Waitlist property owners who have received written notice of authorization to file for a construction permit will be required to confirm in writing by means of the department-provided form within the deadline indicated on the notice to declare that they are either:

i.

Ready to submit a construction permit application within the deadline indicated on the notice; or

ii.

Not ready to submit a construction permit application within the deadline indicated on the notice and agrees to postpone submittal of a construction permit application.

5.

Ending Postponement of Allocation. A notified waitlist property owner who previously agreed to postpone submittal of a construction permit application, through the department-provided form or through no response, may notify the department at any time using the department-provided form that they are ready to submit a construction permit application. This waitlist property owner would receive priority in allocation distribution once new allocations are available and would receive a new notice from the department within the noticing timeframe described in Table 2 and subsection (c)(3).

6.

"Banking" of Allocation for Multi-Family Dwelling Units. Multi-family dwelling projects with confirmed allocation requests may "bank" their confirmed allocation over multiple years in order to accrue the total number of allocated units required for the project without submitting a construction permit application.

i.

Within the deadline indicated on the Notice: Waitlist property owner shall provide evidence that water and wastewater requirements have been satisfied, pursuant to subsection (d)2. and (d)3. of this section.

ii.

To utilize "banked" allocations and to be eligible to submit a construction permit application: Waitlist property owner shall provide evidence of certificate of inclusion issuance, or equivalent, pursuant to subsection (d)4. of this section.

Table 2. Annual Timeframe of the Allocation Process with Action Required of Property Owners for the Community Sewer Service Area

d.

Construction permits may only be accepted if all of the following are true:

1.

Allocations for the calendar year are available.

The applicant provided evidence that the water purveyor has sufficient water service capacity and will serve the project or, if not served by a water purveyor, that the on-site well has demonstrated adequate availability of potable water.

3.

The applicant provided evidence that the community wastewater treatment service provider has sufficient service capacity and will serve the project or, if not served by a community wastewater service provider, that the on-site wastewater treatment system complies with all applicable regulations (such as the local agency management program).

4.

The applicant has been issued a certificate of inclusion, or equivalent, to demonstrate participation in and compliance with the Los Osos Habitat Conservation Plan or otherwise equivalent approvals from the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife.

(Ord. 3155 §§ 7—9, 2008: Ord. 3091 §§ 3—10, 2006; Ord. 3066 § 1, 2005; Ord. 3029 §§ 1, 2, 2004: Ord. 3019 §§ 3, 4, 2003; Ord. 3017 § 1, 2003; Ord. 3005 §§ 5—10, 2003; Ord. 2989 §§ 1—3, 2002; Ord. 2957A § 2, 2002; Ord. 2955 §§ 1, 2, 2001; Ord. 2946 § 2, 2001; Ord. 2932 §§ 1, 2, 2001; Ord. 2905 §§ 4, 5, 2000; Ord. 2895 §§ 4, 5, 2000; Ord. 2889 § 1, 1999; Ord. 2867 § 2, 1999; Ord. 2743 §§ 5—10, 1995; Ord. 2506 § 3, 1991; Ord. 2477 § 2 (part), 1990)

(Ord. No. 3178, §§ 1—4, 5-19-09; Ord. No. 3194, § 1, 5-18-10; Ord. No. 3213, § 1, 5-24-11; Ord. No. 3227, §§ 1—4, 5-22-12; Ord. No. 3241, § 1, 5-21-13; Ord. No. 3260, § 1, 5-20-14; Ord. No. 3298, §§ 1—3, 5-1915; Ord. No. 3321, §§ 1, 2, 5-17-16; Ord. No. 3348, § 1, 5-16-17; Ord. No. 3368, §§ 1—3, 5-15-18; Ord. No. 3389, §§ 1, 2, 5-21-19; Ord. No. 3453, § 1, 6-8-21; Ord. No. 3469, § 1, 6-7-22; Ord. No. 3489, §§ 1, 2, 5- 16-23; Ord. No. 3494, § 1, 6-6-23; Ord. No. 3510, § 2, 4-24-24; Ord. 3519, § 6, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

26.01.071 - Post-allocation procedures.

Following the determination by the board of supervisors of the maximum annual allocation, those allocations shall be subject to the following:

(1)

Carryover of Unused Maximum Annual Allocation. If all the Los Osos units allocated are not requested in the year in which they are allocated, the unused allocations may be carried over to the following allocation year. Such a determination shall be made at the time the board establishes the next maximum annual allocation as specified in this title.

(2)

Reallocation of Expired Units. Where any applicant withdraws an application, or where such application has been deemed expired pursuant to the provisions of this chapter, that unused allocation shall become available for use within the current maximum annual allocation as if it were a new request for allocation, subject to all provisions of this chapter.

(Ord. 3155 § 10, 2008; Ord. 3091 §§ 11—13, 2006; Ord. 2905 § 6, 2000; Ord. 2743 §§ 11—14, 1995; Ord. 2506 § 4, 1991; Ord. 2477 § 2 (part), 1990)

(Ord. 3519, § 7, 10-29-24; Ord. No. 3561, § 1, 12-16-25)

Editor's note— Ord. 3519, § 7, adopted October 29, 2024, renumbered § 26.01.072 as §26.01.071.

Any court action or proceeding to attack, review, set aside, void or annul any decision pursuant to this title, or concerning any of the proceedings, acts or determinations taken, done or made prior to any such decision, shall not be maintained by any person unless such action or proceeding is commenced within ninety days and service is made within one hundred twenty days after the date of the decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations.

(Ord. 2477 § 2 (part), 1990)

(Ord. No. 3561, § 1, 12-16-25)

If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity or the constitutionality of the remaining portions of the ordinance codified in this chapter. The board of supervisors declares that it would have passed the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 2477 § 2 (part), 1990)

(Ord. No. 3561, § 1, 12-16-25)