Title 22 — LAND USE ORDINANCE[1]

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Title 22 - LAND USE ORDINANCE[[1]]

Footnotes:

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Editor's note— Printed herein is the Land Use Ordinance of the county, Ordinance No. 2050, as adopted by the San Luis Obispo County Board of Supervisors on December 18, 1980, revised July 2014. Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets.

ARTICLE 1 - LAND USE ORDINANCE ENACTMENT AND APPLICABILITY Chapter 22.01 - PURPOSE AND EFFECT OF LAND USE ORDINANCE

This Section determines the minimum size and allowable uses of setbacks for buildings. These standards provide for open areas around structures where needed for visibility, traffic safety and fire safety; access to and around buildings; access to natural light, ventilation and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping and recreation.

A.

Exceptions to setback standards. All proposed development and new land uses shall comply with the minimum setback requirements of this Chapter except the following (see also Subsection H., Projections Into Required Setbacks):

1.

Fences, hedges or walls as allowed by Section 22.10.080.C (Standards for fencing and screening materials).

2.

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

3.

Areas where special setbacks have been established through adoption of building line maps (Section 22.01.030.B), tentative or vesting tentative map approval, Conditional Use Permit approval for a cluster or agricultural cluster development, planning area standard, specific plan, or by Article 4 for a specific use, in which cases the special setbacks apply in place of the setbacks of this Chapter.

4.

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

5.

Solar electric facilities, wind energy conversion systems, and other renewable energy facilities as allowed by Chapter 22.32 (Energy-Generating Facilities) with special setback standards. Where Chapter 22.32 establishes larger setback requirements than those identified in this Chapter, the larger setbacks shall apply.

B.

Adjustments to setback standards. Within urban and village reserve lines, on sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Chapter 22.22 for the applicable land use category, or as set by planning area standard.

[Added 1994, Ord. 2696]

C.

Use of setbacks. Required setback areas shall be landscaped when required by Chapter 22.16 (Landscaping Standards), and shall be unobstructed by any building or structure with a height greater than three feet, except where otherwise provided by Subsection E.3, F.1, H., and Section 22.10.080.G, or Chapter 22.20. The use of setbacks for parking is subject to Section 22.18.030 (Location of Parking on a Site).

D.

Front setbacks. The front setback is established parallel or concentric to the front property line. Front setback landscape and fencing standards are in Chapter 22.16, and Section 22.10.080, respectively.

1.

Basic front setback requirement. All structures with a height greater than three feet shall be set back a minimum of 25 feet from the nearest point on the front property line; except where this Section establishes other requirements or where otherwise provided by Chapter 22.20 (Signs) or Section 22.10.080 (Fencing and Screening).

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

a.

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

b.

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

centerline, required parking (including a private garage) may be located, at the discretion of the applicant, as close as five feet to the street property line, in compliance with Section 22.70.030 (Adjustment), provided that portions of the dwelling other than the garage shall be established at the setback otherwise required.

c.

Variable setback block. Where a residential block is partially developed with single-family dwellings having less than the required front setbacks, and no uniform front setback is established by a planning area standard, the front setback may be adjusted (Section 22.70.030) at the option of the applicant, as follows:

(1)

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

(2)

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

d.

Planned development or cluster division. Where a new residential land division is proposed as a planned development, condominium or cluster division (Sections 22.22.140 and 22.22.145), front setbacks may be determined through Conditional Use Permit approval, provided that in no case shall setbacks be allowed that are less than the minimum required by the California Building Standards Code or Section 22.22.145, whichever is greater.

e.

Lots with parkways. Where a lot is fronted by a fixed-width parkway between the curb and sidewalk, or meandering sidewalk that varies the parkway separation between the curb and the sidewalk, and where in either case the parkway is landscaped with one or more street tree for each 50 feet of frontage, and turf or

low maintenance plants, the front setback may be reduced to a minimum of 15 feet for all portions of the residence except the garage. The garage shall have a minimum front setback of 25 feet.

f.

Multi-family dwellings: The front setback for multi-family dwellings is a minimum of 20 feet.

3.

Commercial and office land use categories. No front setbacks are required within a central business district; a 10-foot front setback is required in Commercial and Office categories elsewhere. Ground-floor residential uses in Commercial and Office categories are subject to the setback requirements of Subsection D.2.

4.

Industrial land use category. A minimum 25-foot front setback is required except on interior and flag lots, where the front setback shall be the same as that required for side setbacks by Subsection E.

5.

Recreation land use category. A minimum 10-foot front setback is required, provided that residential uses are subject to the setback requirements of Subsection D.2.

6.

Double frontage lots.

a.

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

b.

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

7.

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

[Added 1982, Ord. 2091; 1986, Ord. 2250; Amended 2013, 3242]

E.

Side setbacks. The side setback is measured at right angles to the side property line to form a setback line parallel to the side property line, which extends between the front and rear setback areas.

1.

General side setback requirements. These requirements apply except where otherwise provided by Subsections E.2 through E.6. See Subsection H. (Projections into Required Setbacks) for additional applicable standards. The required general side setback is measured at the front setback line as follows:

a.

Within urban and village areas: 10 percent of the lot width, to a maximum of five feet on sites less than one acre in net area, but not less than three feet, and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F. The adjustment shall consider the ultimate division of the property into the minimum parcel size as allowed by Section 22.04.025 et seq. applicable to the land use category in which the site is located, or as set by planning area standard.

b.

Within rural areas: 10 percent of the lot width to a maximum of 25 feet, but not less than three feet, on sites of less than one acre in net area, and a minimum of 30 feet on sites of one acre or larger in net area. For sites of one acre or larger, a smaller setback may be granted using the adjustment provided in Section 22.54.020.F.

2.

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

a.

Central business districts. In a central business district no side setback is required;

b.

Narrow lots. A site having a width of 50 feet or less shall be provided a minimum of a five foot setback.

c.

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

(1)

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

(2)

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

d.

Rural areas and sites of one acre or larger. In rural areas and on sites of one acre or larger in net area, the street side setback shall comply with Subsection E.1.b.

3.

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

a.

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

b.

Established on the property line as a common wall structure in compliance with Subsection E.6, or as a zero lot line structure, provided that all applicable California Building Standards Code requirements are satisfied for a property line wall.

In addition, accessory buildings and structures shall satisfy all applicable provisions of Section 22.30.410 (Residential - Accessory Uses).

[Added 1982, Ord. 2091]

4.

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

a.

As required for corner lots by Subsection E.2; or

b.

Where required by the California Building Standards Code; or

c.

Adjacent to a residential category. When the commercial or industrial site is adjacent to a Residential land use category, in which case the side setback adjacent to the Residential category shall be a minimum of 10 feet, and shall be landscaped as set forth in Chapter 22.16. The minimum setback shall be increased one foot for each three feet of commercial or industrial building height above 12 feet.

Office and Professional land use category. Side setbacks shall be provided as set forth in Subsection E.4, except within a central business district no side setback is required.

6.

Residential Multi-Family land use category. For sites of one acre or larger, the side setback shall be a minimum of 10 feet.

7.

Side setbacks for special development types.

a.

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

b.

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

(1)

The setback has been eliminated through subdivision map or Conditional Use Permit approval; and

(2)

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

(3)

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

(4)

Common wall construction is in compliance with the California Building Standards Code.

c.

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

(1)

The setback has been eliminated for an entire block through subdivision map or Conditional Use Permit approval; and

(2)

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

(3)

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

(4)

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

F.

Rear Setbacks. The rear setback is measured at right angles to the rear property line to form a setback line parallel to the rear property line. The minimum rear setback is 10 feet on sites of less than one acre in net area and 30 feet on sites of one acre or larger in net area except as follows:

1.

Accessory buildings and structures. A rear setback in a residential category may be used for an accessory building or structure no greater than 12 feet in height, provided the accessory building is not used for human habitation or the keeping of animals, and is located no closer than three feet to a rear property line or alley. See Subsection H. (Projections into Required Setbacks) and Section 22.30.410 (Residential - Accessory Structures) for additional applicable standards.

2.

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

a.

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

b.

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

(1)

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

(2)

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

3.

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

a.

Central business district. In a central business district, no rear setback is required except as provided in Subsection F.3.b.

b.

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

c.

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

4.

Residential Multi-Family land use category. For sites of one acre or larger, the rear setback shall be a minimum of 10 feet.

G.

Interior setbacks and open areas. Detached buildings located on the same site shall be separated as follows:

1.

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

2.

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

3.

Non-residential buildings. Set by the California Building Standards Code.

H.

Projections into required setbacks. The setback requirements of this Title are modified as follows:

1.

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

a.

Front setback. A deck shall not be located therein.

b.

Side setback. As determined by Sections 1206 and 1710 of the California Building Standards Code.

c.

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

2.

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

3.

Roof and wall features. Cantilevered and projecting architectural features including chimneys, bay windows, balconies, cornices, eaves, rain gutters, signs (where allowed), display windows, and solar collectors may project into a required setback up to one-third the width of the required setback, only as allowed by Sections 504, 1206 and 1710 of the California Building Standards Code, provided that the bottom edge of the projection shall be located either higher than eight feet or lower than four feet above finish grade.

4.

Porches.

a.

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

b.

Allowed projection. Porches may project into required setbacks as follows.

(1)

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

(2)

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

(3)

Rear porch. A porch in the required rear setback is subject to the same limitations as a deck, in compliance with Subsection H.1.

5.

Solar electric facilities, Tier 1. Tier 1 roof-mounted solar electric facilities as described by Section 22.32.050 (Solar Electric Facilities) of this Title not exceeding 10 feet in height may project into the required setback up to 15 feet, and no closer than 3 feet to the property line.

[Amended 1981, Ord. 2063; 1982, Ord. 2091; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1993, Ord. 2648; 1994, Ord. 2696; 1999, Ord. 2880; 2014, Ord. 3282; 2015, Ord. 3291; 2025, Ord. 3547] [22.04.100 to 116]

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

A.

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

1.

Within urban or village reserve lines: All uses.

2.

In rural areas: Any commercial, industrial and public facility uses listed as other than "Residential Uses" in Section 22.06.030 (Allowable Land Uses and Permit Requirements).

B.

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

C.

Collection area and recycling area standards.

1.

Location of collection facilities. The solid waste collection area and recycling area shall be located within 100 feet of the dwellings or buildings serviced, but shall not be located in a front setback (Section 22.10.140.B - Front Setbacks), or within 10 feet of a front property line in a central business district.

2.

Enclosure required. Solid waste collection areas and recycling areas that use dumpsters or other containers with a total capacity greater than two 33-gallon containers shall be screened from the view of public streets and adjoining properties on three sides by a solid fence or wall as high as the collection container, but not less than three feet nor more than six feet in height, and on the fourth side by a solid gate.

3.

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

a.

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

b.

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

c.

A covered storage area at least three feet by 6-½ feet in size or as otherwise adequate to accommodate containers consistent with current methods of collection in the area where the project is located, accessible for truck loading, shall be incorporated into each solid waste collection area for the accumulation of recyclable materials. This storage area shall not be used for the collection of recyclable materials until such time as a recycling program exists for the area where the project is located.

d.

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

e.

One or more signs clearly identifying the recycling areas, instructions, and a list of materials accepted shall be posted at all points of access to the recycling area.

f.

Trash container areas shall have drainage from roofs and pavement diverted around the enclosure area(s).

g.

Trash container areas must be screened or walled to prevent loose debris or trash from being transported to nearby storm drain inlets, channels, and/or creeks.

[Amended 1981, Ord. 2063; 1984, Ord. 2163; 1992, Ord. 2553; 1994, Ord. 2696; 2010, Ord. 3188] [22.04.280]

A.

Purpose. The requirements in this Section are intended to reduce pollutant discharges to the Maximum Extent Practicable and to prevent stormwater discharges from causing or contributing to a violation of receiving water quality standards, also known as post-construction stormwater management. These requirements also emphasize protecting and, where degraded, restoring key watershed processes to create and sustain linkages between hydrology, channel geomorphology, and biological health necessary for healthy watersheds. Maintenance and restoration of watershed processes impacted by stormwater management is necessary to protect water quality and the beneficial uses of surface and groundwater.

B.

Applicability.

1.

Where applicable. The requirements of this section are applicable only where a project will drain to those areas designated by the State Water Resources Control Board (SWRCB) as traditional or non-traditional Municipal Separate Storm Sewer Systems (MS4s), as shown in Figures 10-37 through 10-50. MS4s consist of areas designated as "urbanized" in the most recent decennial US Census, as well as other outlying areas with a population of 10,000 or more or a population density of greater than 1,000 people per square mile.

Designated MS4 areas include, but are not limited to, the following:

a.

All areas within an Urban Reserve Line (URL), as designated in the County General Plan.

b.

All areas within the following Village Reserve Lines (VRLs), as designated in the County General Plan:

(1)

Black Lake Village

(2)

Callender-Garrett

(3)

Garden Farms

(4)

Heritage Ranch

(5)

Los Berros

(6)

Los Ranchos/Edna

(7)

Palo Mesa

(8)

Woodlands

c.

Any other areas identified as being subject to the stormwater standards, as indicated in Figures 10-37 through 10-50.

2.

Limited exemption. Projects which have received approval of a zoning clearance, land use permit or land division prior to March 6, 2014 are exempt from the standards of this Section, unless such approval has expired.

3.

Regulated Projects. Regulated projects include all new development or redevelopment projects, both discretionary and ministerial, that create and/or replace at least 2,500 square feet of impervious surface (collectively over the entire project site).

C.

Stormwater Control Plan (SWCP) Required. Prior to acceptance of an application for a construction permit, grading permit, land use permit or subdivision application associated with a Regulated Project, as defined

in Subsection A.3, the applicant shall submit a Stormwater Control Plan that demonstrates compliance with the Post Construction Requirements for the Central Coast Region, adopted by the Central Coast Regional Water Quality Control Board under Order R3-2013-0032.

1.

Site Design Checklist. The SWCP for all projects subject to this Section shall demonstrate that the following design strategies have been pursued in order to reduce runoff:

a.

Limit disturbance of creeks and natural drainage features.

b.

Minimize compaction of highly permeable soils.

c.

Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection.

d.

Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in natural, undisturbed state.

e.

Implement at least one of the following strategies:

(1)

Direct roof runoff into cisterns, rain barrels, underground storage, or a similar mechanism for reuse.

(2)

Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code.

(3)

Direct roof runoff from sidewalks, walkways, and/or patios onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code.

(4)

Direct runoff from driveways and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with the California Building Code and Title 19 of the County Code.

(5)

Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces.

2.

Plan documents and details. The SWCP for all Regulated Projects, as defined in Subsection A.3, shall provide the following documents and details:

a.

Project name, application number, location, and assessor's parcel number.

b.

Name of the applicant.

c.

Identification of which project phase, if the project is being constructed in phases.

d.

Project type (e.g. commercial, industrial, multi-unit residential, mixed use, public) and description.

e.

Total project site area.

f.

Total new impervious surface area, total replaced impervious surface area, total new pervious area, and calculation of Net Impervious Area.

g.

Identification of all structural and non-structural Best Management Practices (BMPs) proposed as part of the stormwater conveyance system.

h.

A certification from a qualified professional (e.g. a Registered Civil Engineer, licensed architect, or other individual deemed to be qualified by the Director) that appropriate Best Management Practices (BMPs) have been incorporated into the plan to the maximum extent practicable.

i.

A preliminary drainage plan, consistent with of Section 22.52.110.

j.

A preliminary erosion and sedimentation control plan, consistent with Section 22.52.120.

k.

If needed to demonstrate compliance with the stormwater quality standards in Subsection D, drainage calculations prepared by a Registered Civil Engineer.

D.

Stormwater Quality Standards. Stormwater Control Plans shall be reviewed for consistency with the postconstruction stormwater control standards identified in Central Coast Regional Water Quality Control Board Order R3-2013-0032. Standards contained in this order include, but are not limited to, the following:

1.

Site Design. All Regulated Projects, as defined in Subsection A.3, are subject to this standard.

2.

Water Quality Treatment. All projects resulting in at least 5,000 square feet of net impervious area, other than single-family residences, shall comply with this standard. Single-family residence projects shall comply with this standard if they involve at least 15,000 square feet of impervious area.

3.

Runoff Retention. All projects resulting in at least 15,000 square feet of net impervious area shall comply with this standard.

4.

Peak Management. All projects resulting in at least 22,500 square feet of net impervious area shall comply with this standard.

5.

Special Circumstances. Projects subject to the performance standards identified in Subsection D.3 and D.4, but discharging to watercourses with special circumstances.

E.

Source Control Standards for Specific Uses. The Stormwater Control Plan must address source control of any applicable pollutants associated with the proposed use that could enter the stormwater conveyance system. At a minimum, the SWCP shall consider measures to control pollutants from the following potential sources:

• Accidental spill or leaks

• Interior floor drains

• Parking/storage areas and maintenance

• Indoor and structural pest control

• Landscape/outdoor pesticide use

• Pools, spas, ponds, decorative fountains, and other water features

• Restaurants, grocery stores, and other food service operations

• Refuse areas

• Industrial processes

• Outdoor storage of equipment or materials

• Vehicle and equipment cleaning

• Vehicle and equipment repair and maintenance

• Fuel dispensing areas

• Loading docks

• Fire sprinkler test water

• Drain or wash water from boiler drain lines, condensate drain lines, rooftop equipment, drainage sumps, and other sources

• Unauthorized non-stormwater discharges

• Building and grounds maintenance.

The following source control Best Management Practices (BMPs) are required for projects that propose any of the following features:

1.

Outdoor material storage. Where proposed projects include outdoor storage areas for storage of materials that may contribute pollutants to the stormwater conveyance system, the following structural or treatment BMPs are required:

a.

Materials with the potential to contaminate stormwater must be:

(1)

Placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the stormwater system; or

(2)

Protected by secondary containment structures, such as berms, dikes, or curbs.

b.

The material storage area shall be sufficiently impervious to contain leaks and spills.

c.

Where secondary containment is necessary, storage areas shall have a roof or awning to minimize collection of stormwater, or another approved method.

d.

For storage areas involving the storage of motor vehicles, site design shall comply with Subsection E.7.

2.

Loading and unloading dock areas. To minimize the potential for material spills to be transported to the stormwater conveyance system, the following is required:

a.

Loading dock areas shall be covered, or drainage shall be designed to minimize run- on or runoff of stormwater; and

b.

Connections to storm drains from depressed loading docks (truck wells) are prohibited. An approved structural source control measure and/or treatment control measure shall be used to prevent stormwater pollution.

3.

Repair and maintenance bays. To minimize the potential for oil/grease, car battery acid, coolant, and gasoline to be transported to the stormwater conveyance system, design plans for repair/maintenance bays shall include the following:

a.

Repair/maintenance bays shall be indoors or designed in such a way that does not allow stormwater runon or runoff; and

b.

The drainage system for the repair/maintenance bays shall be designed to capture all washwater, leaks, and spills. Drains shall be connected to a sump for collection and disposal. Direct connection to the storm drain system is prohibited. If required by the Regional Water Quality Control Board, an Industrial Waste Discharge Permit shall be obtained.

4.

Vehicle and equipment wash areas. To minimize the potential for metals, oil/grease, solvents, phosphates, and suspended solids to be transported to the stormwater conveyance system, the area for washing/steam cleaning of vehicles and equipment shall be designed to the following specifications:

a.

Self-contained and/or covered, equipped with a clarifier, or other pre-treatment facility; and

b.

Properly connected to a sanitary sewer or other appropriately permitted disposal facility.

5.

Restaurants. An area for washing/steam cleaning of equipment and accessories shall be included on the plans. To minimize the potential for metals, oil and grease, solvents, phosphates, and suspended solids to be transported to the stormwater conveyance system, the area for washing/steam cleaning of equipment and accessories shall be designed to the following specifications:

a.

Self-contained, equipped with a grease trap, and properly connected to the sanitary sewer; and

b.

If the wash area is to be located outdoors, it must be covered, paved, have secondary containment, and be connected to the sanitary sewer or other appropriately permitted disposal facility.

6.

Fueling areas. To minimize the potential for oil/grease, solvents, car battery acid, coolant, and gasoline to be transported to the stormwater conveyance system, the project plans shall include all of the following BMPs:

a.

The fuel dispensing area shall be covered with an overhanging roof structure or canopy. Provide containment limits on the plans (i.e. grade break, berm, etc.). The canopy's minimum dimensions shall be equal to or greater than the containment limits. The canopy shall not drain onto the fuel dispensing area, and the canopy downspouts shall be routed to prevent drainage across the fueling area.

b.

The fuel dispensing area must be paved with Portland cement concrete (or equivalent smooth impervious surface), and the use of asphalt concrete shall be prohibited.

c.

The fuel dispensing area must have a two percent minimum slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of stormwater to the maximum extent practicable.

d.

At a minimum, the concrete fuel dispensing area must extend 6.5 feet from the corner of each fuel dispenser, or the length at which the hose and nozzle assembly may be operated plus 1 foot, whichever is less.

7.

Parking lots. Parking lots with an area of 5,000 square feet or more, or 25 parking spaces or more, shall minimize potential for oil, grease, and other water insoluble hydrocarbons from vehicle drippings and leaks from entering the stormwater conveyance system. Plans shall provide for the following:

a.

Treat to remove oil and petroleum hydrocarbons; and

b.

Ensure adequate operation and maintenance of treatment systems, particularly sludge and oil removal and system fouling and plugging prevention control. At a minimum, this shall include a maintenance program which is funded and carried out by the property owner.

F.

Maintenance. Long-term maintenance of BMPs shall be established through the recordation of a maintenance agreement and/or Covenants, Conditions, and Restriction (CC&Rs), unless the project does not include structural or treatment control BMPs. This agreement shall be recorded prior to or concurrent with issuance of a construction permit. In order to verify that BMPs will be maintained, the agreement shall do the following:

1.

Designate responsibility. Identify the party who is responsible for long-term maintenance of structural and treatment control BMPs.

2.

Address transfer of responsibility. Address how BMPs will be maintained once property has been transferred to private landowners, a homeowners association, or a public entity.

3.

Reference educational materials. Educational materials shall be required to accompany the first deed transfer. These materials shall provide information on what stormwater management facilities are present, signs that maintenance is needed, how the necessary maintenance can be performed, and assistance that the applicant can provide to the new landowner. The transfer of this information shall also be required with any subsequent sale of the property.

4.

Address operations and maintenance reporting. Address how and when long-term operations and maintenance will be verified and reported to the County.

G.

Alternative Compliance. The alternative compliance process specified in Central Coast Regional Water Quality Control Board Order R3-2013-0032 may be followed at the discretion of the Director. Such a process may be available in the following circumstances:

1.

Special Circumstances. Where the project discharges to receiving waters with special circumstances (e.g. highly altered channels, intermediate flow control facilities, and historic lakes and wetlands). In these cases, projects may follow the performance standard identified in Subsection D.5 rather than the performance standards in Subsections D.3 and D.4.

2.

Technical infeasibility. Where technical infeasibility limits or prevents the use of structural stormwater control measures.

3.

Approved watershed or regional plan. Where the project falls under a watershed or regional plan that has received approval from the Executive Director of the Central Coast Regional Water Quality Control Board.

4.

Approved urban sustainability area. Urban infill redevelopment projects located within an Urban Sustainability Area that has been approved by the Executive Director of the Central Coast Regional Water Quality Control Board.

5.

Other circumstances. In other circumstances as approved by the Executive Director of the Central Coast Regional Water Quality Control Board.

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Figure 10-37: Stormwater Management: Atascadero, Templeton, Garden Farms

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Figure 10-38: Stormwater Management: Avila Beach and Pismo Beach

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Figure 10-39: Stormwater Management: Garden Farms, Santa Margarita, South Atascadero

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Figure 10-40: Stormwater Management: Heritage Ranch

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Figure 10-41: Stormwater Management: Five Cities Area

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Figure 10-42: Stormwater Management: Los Ranchos/Edna, San Luis Obispo

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Figure 10-43: Stormwater Management: Nipomo, Black Lake, Los Berros

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Figure 10-44: Stormwater Management: Northern Nipomo Mesa

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Figure 10-45: Stormwater Management: Paso Robles

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Figure 10-46: Stormwater Management: Pismo Beach

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Figure 10-47: Stormwater Management: San Miguel

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Figure 10-48: Stormwater Management: Shandon

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Figure 10-49: Stormwater Management: San Luis Obispo

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Figure 10-50: Stormwater Management: Templeton

[Added 2010, Ord. 3188; Amended 2013, Ord. 3251; 2018, Ord. 3369]

22.10.157 - Transit Oriented Standards.

A.

Where required. These provisions apply to Minor Use Permit, Conditional Use Permit, and land division applications where applicable for implementing the Circulation Element of the General Plan and the Regional Transportation Plan within the following areas defined by the Land Use Element of the General Plan:

1.

The South County sub-area of the South County planning area.

2.

The San Luis Obispo sub-area of the San Luis Obispo planning area.

3.

The San Luis Obispo sub-area of the South County planning area.

B.

Site Development. Provide a design and site development that is consistent with the following standards:

1.

Where determined appropriate by the Regional Transit Agency, subdivisions or development of 50 or more housing units shall provide pedestrian access to a bus stop along the closest major arterial or collector and fund their share of one shelter or bus stop per one-half mile of that roadway.

2.

Employment centers (100 jobs or more) shall provide one shelter and bus stop pullout within one-quarter mile of the project and provide pedestrian access to the transit facility. Up to a 20 percent reduction in the number of required parking spaces may be allowed for a project that provides on-site measures for alternative transportation, such as car pool programs, etc.

3.

Transit facilities shall be integrated into new development and be usable for different forms of transportation (bike, walking and car) whenever possible, with spacing to provide easy access without unduly impacting route times.

4.

On-site services are allowed as appropriate within projects, including child care, personal services, cafes, pharmacy and convenience stores, depending on the size of the project.

[Added 2014, Ord. 3256]

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

A.

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

B.

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

C.

Where underground installation may cause a substantial adverse environmental impact, as determined by the Director; or

D.

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

This Section may require an applicant to underground utilities from the utility company distribution source to the site, as well as on the site itself. The utility service provider should be contacted for information on the Public Utility Commission's rules and regulations regarding the undergrounding of utilities. Poles and overhead lines other than those allowed by this Section are allowable subject to Minor Use Permit approval, provided that the Review Authority first finds that either topographical, soil or similar physical conditions, or the distance to the utility company distribution source make the use of underground utilities unreasonable or impractical.

[Amended 1992, Ord. 2553; 1999, Ord. 2880] [22.05.120]

A.

Vibration standards. Any land use conducted in or within one-half mile of an urban or village reserve line shall be operated to not produce detrimental earth-borne vibrations perceptible at the points of determination identified in the following table.

B.

Exceptions to standards. The vibration standards of this Section do not apply to:

Vibrations from construction, the demolition of structures, surface mining activities or geological exploration between 7:00 a.m. and 9:00 p.m.;

2.

Vibrations from moving sources such as trucks and railroads.

[Amended 1981, Ord. 2063] [22.06.060]

This Section establishes a procedure for the notification of the California Central Coast Regional Water Quality Control Board (RWQCB) when a new land use or modification to an existing use may affect groundwater quality because of proposed methods of disposal, or large volumes of wastewater, or because of the disturbance of natural soil contours.

A.

Applications to be transmitted. Any application filed in compliance with Article 6 (Land Use and Development Permit Procedures), Chapter 22.52 (Grading), or Chapters 22.34 and 22.36 (Resource Extraction) except for business licenses, shall be transmitted by the Department to the RWQCB for review where:

1.

Any proposed development of more than five dwelling units will not be connected to an existing public sewer system;

2.

A discharge of wastewater to surface waters is proposed;

3.

A proposed waste discharge will contain toxic or hazardous materials (e.g., agricultural chemicals or metal plating wastes);

4.

On-site wastewater treatment and disposal systems other than conventional individual septic tank absorption fields are proposed;

5.

Waste flows are expected to exceed 2,500 gallons per day;

6.

A variance from state or local water quality or construction standards is requested;

7.

A livestock specialty use as defined by Article 8 (Definitions/Glossary) is proposed;

8.

A cemetery is proposed.

B.

Review procedure. A copy of all applications as described above shall be forwarded to the Regional Water Quality Control Board for review upon receipt by the Department. This transmittal is intended to enable the RWQCB to:

1.

Determine if the proposed use or activity is required to have discharge requirements, or is subject to other regulations of the RWQCB.

2.

Contact and advise the applicant on applicable requirements, and to advise the Department of any RWQCB permit requirements.

a.

In the case of applications for Zoning Clearance or Site Plan Review approval, within 10 business days of application transmittal;

b.

In the case of Minor Use Permit or Conditional Use Permit applications, notification of requirements, special comments, or recommendations to be forwarded to the Review Authority, shall be returned no later than 10 days before the hearing.

[Amended 1992, Ord. 2553] [22.06.100, 102]

Chapter 22.12 - AFFORDABLE HOUSING INCENTIVES[[2]]

This Chapter provides regulations for State density bonuses and associated incentives, housing affordability, and other incentives. These regulations are intended to encourage developers to provide affordable housing while retaining good design and neighborhood character.

Footnotes:

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Editor's note— Ord. No. 3427, § 1, adopted November 17, 2020, repealed ch. 22.12, §§ 22.12.010— 22.12.080 and enacted a new ch. 22.12 as set out herein. Former ch. 22.12 pertained to similar subject matter and derived from Ord. No. 2158, adopted 1984; Ord. No. 2428, adopted 1989; Ord. No. 2578,

adopted 1992; Ord. No. 2994, adopted 2003; Ord. No. 3108, adopted 2006; Ord. No. 3122, adopted 2007; Ord. No. 3169, adopted 2008; Ord. No. 3236, adopted 2012; Ord. No. 3237, adopted 2012; Ord. No. 3282, adopted 2014; Ord. No. 3382, adopted 2019; Ord. No. 3409, adopted 2020; and Ord. No. 3417, adopted 2020.