§ 22.10

A.

The provisions of this Chapter address the details of site planning, project design, and the ongoing conduct/operation of land uses. These standards are intended to ensure that all development produces an environment of stable and desirable character, and is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

[22.04.010]

B.

The operational standards of this Chapter are established to protect residents from the adverse effects of excessive or objectionable emissions of noise or air contaminants that may be generated by land uses, activities, processes or equipment.

[22.06.010]

A.

The standards of this Chapter apply to all new land uses required to have a land use permit in compliance with this Title, except:

1.

Where the standards of Chapters 22.14 (Combining Designation Standards), or Article 4 (Standards for Specific Land Uses) conflict with the provisions of this Chapter, the provisions of Chapters 22.14 and Article 4 prevail;

2.

Where planning area standards Article 9 (Community Planning Standards) conflict with the standards of this Chapter, the planning area standards prevail.

B.

A use existing on the effective date of this Title, or on the date of a subsequent amendment to this Title that applies more restrictive operational standards to the use, shall not be required to change their operations to comply with the provisions of Sections 22.10.030 (Air Quality), 22.10.050 (Explosives Storage), 22.10.070 (Flammable and Combustible Liquids Storage), 22.10.120 (Noise), 22.10.170 (Vibration), and 22.10.180 (Water Quality), unless a modification of the use is proposed that requires a permit. However, in no case shall existing operations be changed to result in a greater degree of noncompliance with these standards than existed on the effective date of this Title or amendment.

Nothing in this Chapter shall preclude the initiation of revocation, abatement or legal action against an existing use operated in violation of Sections 22.10.120 (Noise) or 22.10.170 (Vibration) or operated in manner that creates a public nuisance.

[Amended 1994, Ord. 2696] [22.04.012, 22.06.020]

A.

Air Pollution Control District (APCD) Review.

1.

Purpose. This Subsection establishes a procedure for the notification of the County APCD when a new land use is proposed to include equipment or activities that involve combustion, or the storage or use of hydrocarbons or other air contaminants.

2.

Applicability. These provisions apply to any project for which a discretionary land use permit is required by this Title, except business licenses consistent with the most current guidelines of the Air Pollution Control District.

3.

Review procedure. A copy of any application shall be forwarded to the Air Pollution Control District for review upon receipt by the Department. This referral is intended to enable the APCD to:

a.

Determine if the use proposed is required by the rules and regulations of the APCD to obtain an authority to construct or permit to operate;

b.

Determine if the proposed project exceeds the district's significance thresholds for significant air quality impacts from land use projects, and if mitigations are required.

c.

Contact and advise the applicant on applicable permit and air quality requirements, and to advise the Department of any APCD permit requirements.

(1)

In the case of a Zoning Clearance application, within 10 business days of application transmittal;

(2)

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

4.

Building Permit issuance. When the APCD has notified the Department that authority to construct is required, the applicant is to provide the Department with evidence of approval of an authority to construct prior to issuance of a building permit. In the event that the APCD has not notified the Department of APCD permit requirements within 10 business days of application transmittal, the lack of notification shall not cause additional delay in permit issuance by the Department; however, permit issuance under such circumstances shall not exempt any person from the necessity of obtaining APCD permits if required.

5.

Certificate of Occupancy. In cases where an APCD permit to operate is required, no certificate of occupancy shall be issued until the applicant has provided the Department with evidence of permit approval.

B.

Odors. Any non-agricultural land use conducted in, or within one-half mile of an urban or village reserve line shall be operated so as not to emit matter causing noxious odors which are perceptible at the points of determination identified in the following table.

At or beyond the boundary of the Industrial category.

Industrial

[Amended 1992, Ord. 2553; 1995, Ord. 2741] [22.06.082, 22.06.084]

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

A.

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

B.

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

[22.05.140]

The storage of explosives is allowed only for the purpose of sales by a licensed vendor, or where the explosives will be used on the same site as the storage facility, as provided in this Section.

A.

Applicability. The standards of this Section apply in addition to all applicable state and federal standards, including any regulations administered by the County Health Department, Fire Department, Sheriff's Office, Agricultural Commissioner, and Air Pollution Control District. If any standards of this Chapter conflict with regulations administered by other federal, state, or county agencies, the most restrictive standards apply.

B.

Permit requirement. Conditional Use Permit approval within an urban or village reserve line; Minor Use Permit approval in rural areas. Separate land use permit approval is not required where the principal use of the site has been authorized through Conditional Use Permit approval, or in the case of a surface mining operation, where the operation has been authorized by an approved reclamation plan. This permit requirement is in addition to the permit required by the County Sheriff.

C.

Location. Explosives storage is allowed only in the Agriculture, Rural Lands or Industrial land use category, or areas included within an Energy and Extractive Resource (EX) combining designation. A land use permit application that proposes explosives storage may be approved only where the Review Authority finds the proposed site is within an area that is open in character and essentially free of development.

D.

Setbacks. Explosives storage shall not be located closer than 1,000 feet from any property line, except that storage in Class II magazines, as authorized in State law, shall not be located closer than 400 feet from any property line; provided that where the current edition of the Uniform Fire Code adopted by the County would require a greater setback than required by this Section, the greater setback shall apply.

E.

Construction and buffering. Explosives storage shall be effectively screened by a natural landform or artificial barricade either surrounding the entire site or surrounding each storage magazine. Storage magazines shall be designed and constructed in compliance with the current edition of the Uniform Fire Code adopted by the County, and any applicable requirements of the County Sheriff. The landform or barricade shall be of such height that.

1.

A straight line drawn from the top of any side wall of all magazines to any part of the nearest building or structure will pass through the landform or barricade; and

2.

A straight line drawn from the top of any side wall of all magazines to any point 12 feet above the centerline of a railroad or a public street will pass through said landform or barricade.

Artificial barricades shall be a mound or rivetted wall of earth with a minimum thickness of three feet.

F.

Time limit. Land use permit approval for storage of explosives may be granted for a maximum of five years, provided that the land use permit shall be subject to review by the Review Authority at any time. If, through such review, the Review Authority finds that circumstances or conditions have changed so the use no longer meets the requirements of this Section or the conditions of the land use permit, the permit may be revised or revoked, whichever is more appropriate.

[Amended 1982, Ord. 2091; 1992 Ord. 2553] [22.06.124]

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

A.

Illumination only. Outdoor lighting shall be used for the purpose of illumination only, and shall not be designed for or used as an advertising display, except as provided by Chapter 22.20 (Signs).

B.

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

C.

Minimization of light intensity. No light or glare shall be transmitted or reflected in a concentration or intensity that is detrimental or harmful to persons, or that interferes with the use of surrounding properties or streets.

D.

Light sources to be shielded.

1.

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

2.

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

E.

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

F.

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

[Amended 1999, Ord. 2880] [22.04.320]

22.10.070 - Flammable and Combustible Liquids Storage.

The storage of flammable or combustible liquids (those with flash points below 140[o ] F) is subject to the following standards.

A.

Applicability. The standards of this Section apply in addition to all applicable state and federal standards, including any regulations administered by the County Health Department, Fire Department, Sheriff's Office, Agricultural Commissioner, and Air Pollution Control District. If any standards of this Chapter conflict with regulations administered by other federal, state, or county agencies, the most restrictive standards apply.

B.

Permit requirements.

1.

Health Department permit. A permit for the underground storage of hazardous substances, including but not limited to gasoline and diesel fuel, shall be obtained as set forth in Chapter 8.14 of this code.

2.

Land use permit. No land use permit is required for the storage of flammable or combustible liquids, except that where the quantity stored exceeds the limitations specified in Subsection D, Minor Use Permit approval is required unless the land use involving the storage of flammable or combustible liquids would otherwise be required by this Title to have Conditional Use Permit approval.

C.

Limitation on use. The storage of flammable or combustible liquids for sale is allowed only in the Recreation, Commercial or Industrial categories, unless authorized by Conditional Use Permit approval.

D.

Limitations on quantity. The quantity of flammable or combustible liquids stored on a site shall be limited as follows.

1.

Residential areas. Five gallons, unless authorized through Conditional Use Permit approval. Excluded from this requirement are the storage of flammable liquids.

a.

In the fuel tanks of self-propelled vehicles, mobile power or heat generators or any other equipment that is accessory to the principal use of the site;

b.

For domestic space heating, cooking or similar purposes, provided that such storage containers and appliances shall satisfy all applicable county and state construction and safety regulations;

c.

The storage or use of paints, oils, varnishes or similar flammable or combustible mixtures when such liquids are stored for maintenance, painting or similar purposes.

2.

Other areas. Storage shall be limited to the following quantities on any single building site, unless greater quantities are authorized through Conditional Use Permit or Minor Use Permit approval.

E.

Setbacks. Aboveground storage facilities for flammable or combustible liquids shall be set back 50 feet from any property line or residential use, or as otherwise required by the Uniform Fire Code or California Building Standards Code where a smaller setback is allowed by those codes.

F.

Additional standards.

1.

All storage of bulk flammable liquids within an urban or village reserve line shall be underground, except:

a.

As specified by Subsection D.1;

b.

Where a petroleum refining or related industrial use is authorized in an Industrial category through Conditional Use Permit approval;

c.

Where an automobile service station or other approved vendor of flammable liquids stores such liquids for sale in approved quantities and containers.

d.

Where an approved use stores such liquids for sale in approved quantities and containers accessory to that approved use

e.

Where a public agency maintains a corporation yard or other approved service facility in a Public Facilities or Industrial land use category, and such storage is authorized through Minor Use Permit.

f.

In a Commercial Service or Industrial land use category where authorized through Minor Use Permit.

2.

All aboveground storage of flammable and combustible liquids shall be within types of containers approved by the county fire chief.

[Amended 1984, Ord. 2163; 1986, Ord 2250; 1987, Ord. 2293; 1992, Ord. 2553; 1999, Ord. 2880; 2014, Ord. 3282] [22.06.126]

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

A.

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

1.

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

a.

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

b.

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

2.

Multiple-family projects. Multi-family residential projects shall be screened on all interior property lines.

[Added 1982, Ord. 2091]

3.

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

4.

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

a.

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

b.

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

5.

Swimming pools. Yard areas with private swimming pools shall be fenced in compliance with the California Building Standards Code.

B.

Exceptions to fencing and screening requirements.

1.

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

2.

Location adjustment. Where property line fencing or screening is required, the location may be adjusted (see Section 22.70.030) so the fencing may be constructed at or within the setback line, provided the areas between the fence and the property lines are landscaped, or in rural areas, retained in their natural vegetative state.

3.

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

[Added 1994, Ord. 2696]

4.

Modification of fencing and screening requirements. Any of the requirements of this Section may be waived or modified through Minor Use Permit approval, provided the Director first finds that specifically identified characteristics of the site or site vicinity would make required fencing or screening unnecessary or ineffective.

C.

Standards for fencing and screening materials. All fencing and screening shall comply with the following material and height limitations based on the location of the fence:

Notes:

(1)

Solid wood or masonry materials, or plant materials that comply with Subsection E., or other solid materials approved by the Department.

(2)

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

(3)

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

(4)

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

a.

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

b.

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

c.

Will not impair safe sight distances for vehicle traffic; and

d.

Will not exceed 6' - 6" in height.

(5)

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

(6)

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

D.

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

==> picture [300 x 201] intentionally omitted <==

Figure 10-1: Fence Height Example

E.

Screening materials substitution. Where screening is required by this Title to be a solid fence or wall, the following materials may be substituted through adjustment (Section 22.70.030), except a solid fence or wall must be used where screening is required adjacent to a residential use or category.

1.

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

a.

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

b.

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

2.

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

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

[Amended 1986, Ord. 2250; 1987, Ord. 2314; 1989, Ord. 2409; 1992, Ord. 2553; 1994, Ord. 2696; 1994, Ord. 2696; 1999, Ord. 2880; 2014, Ord. 3282] [22.04.190]

22.10.090 - Height Measurement and Height Limit Exceptions.

A.

Purpose. This Section limits the height of structures as needed to: support public safety; protect access to natural light, ventilation, and direct sunlight; support the preservation of neighborhood character; and to preserve viewsheds and scenic vistas.

B.

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

1.

A site is graded or filled in compliance with approved subdivision improvement plans, or a grading permit that was approved to authorize.

a.

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

b.

Fill to mitigate flood hazards in compliance with the provisions of Section 22.14.060 et seq.; or

c.

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

2.

The site was graded or filled in compliance with a grading permit approved before June 25, 1992.

3.

An adjustment (22.70.030) is approved by the Director on the basis that the site was filled before January 1, 1981.

==> picture [420 x 174] intentionally omitted <==

Figure 10-2: Measurement of Height - Example 1

==> picture [408 x 169] intentionally omitted <==

Figure 10-3: Measurement of Height - Example 2

C.

Height limits. The maximum height for new structures is as follows, except where other height limits are established by planning area standards of Chapter 22.09 (Community Planning Standards). (For allowed fence heights, see Section 22.10.080.C.)

1.

Maximum allowed height by land use category.

2.

Exceptions to height limitations.

a.

Commission modifications. Buildings and structures exceeding the heights permitted in Subsection C.1. may be authorized through Conditional Use Permit approval, provided the Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties, and that the modified height will not exceed the lifesaving equipment capabilities of the fire protection agency having jurisdiction.

b.

Residential exceptions.

(1)

Additional height. The height limitations specified by Subsection C.1 for residential buildings may be adjusted (Section 22.70.030) to allow additional height to a maximum of 45 feet, provided that the required side, rear, and interior setbacks shall be increased by one foot in width for each foot of height over the allowable maximum height.

(2)

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

c.

Uninhabited structures. The height limits specified in Subsection C.1. do not apply to the following structures (measurement of height is from the ground, as set forth in Subsection A.):

(1)

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

(2)

Flagpoles. 50 feet or less in height.

(3)

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

(4)

Chimneys. No more than 100 feet in height located in the Industrial category; and all other chimneys and roof vents extending no more than three feet above the height limit specified in Subsection C.1.

(5)

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

(6)

Construction equipment. All portable construction equipment.

(7)

Public utilities. Poles and structures for providing electrical and communications services.

(8)

Solar electric facilities and wind energy conversion systems may exceed the height limits specified in Subsection C.1 up to the maximum limits established in Chapter 22.32 for the proposed project.

[Amended 1984, Ord. 2163; 1986, Ord. 2267; 1988; Ord. 2344; 1992, Ord. 2553; 2015, Ord. 3291; 2025, Ord. 3547] [22.04.120, 122, 124]

A.

Applicability. These provisions apply to projects located within the following highway corridor areas:

The Salinas River Highway Corridor, as shown in Figures 10-5 through 10-15.

2.

The San Luis Obispo Highway Corridor, as shown in Figure 10-22.

3.

The South County Highway Corridor, as shown in Figures 10-30 and 10-31.

B.

Salinas River Highway Corridor Design Standards. The purpose of the highway corridor design standards is to provide public views of:

1.

Scenic vistas and backdrops containing varied topography including ridgelines and rock features,

2.

Significant stands of trees and wildflowers, and

3.

Natural landmarks, historic buildings and pastoral settings.

The following standards are intended to expedite the permit process for projects which maintain scenic views and the rural character along portions of Highways 41 and 101, while providing opportunities to use other design solutions through a discretionary review process to achieve scenic goals. Only residential structures, residential accessory buildings, residential access roads, specified agricultural accessory buildings and signs are governed by these standards. All other uses and structures, such as agricultural roads and nursery specialties, are not subject to the following process.

The following standards also apply to certain hillside and hilltop locations on the east and west sides of those highways that have been determined to contain particular scenic value, as shown in Figures 10-4 through 10-15.

==> picture [384 x 512] intentionally omitted <==

Figure 10-4: Highway Corridor Index

==> picture [420 x 540] intentionally omitted <==

Figure 10-5: Area 1 - San Miguel - Highway Corridor Design Standards

==> picture [420 x 558] intentionally omitted <==

Figure 10-6: Area 2 - Wellsona - Highway Corridor Design Standards

==> picture [420 x 503] intentionally omitted <==

Figure 10-7: Area 3 - South Paso Robles/North Tampleton - Highway Corridor Design Standards

==> picture [420 x 554] intentionally omitted <==

Figure 10-8: Area 4 - South Templeton, North Atascadero - Highway Corridor Design Standards

==> picture [420 x 523] intentionally omitted <==

Figure 10-9: Area 5 - West Atascadero, Highway 41 - Highway Corridor Design Standards

==> picture [360 x 551] intentionally omitted <==

Figure 10-10: Area 6 - West Atascadero, Highway 41 - Highway Corridor Design Standards

==> picture [384 x 529] intentionally omitted <==

Figure 10-11: Area 7 - South Atascadero - Highway Corridor Design Standards

==> picture [408 x 522] intentionally omitted <==

Figure 10-12: Area 8 - Garden Farms - Highway Corridor Design Standards

==> picture [384 x 528] intentionally omitted <==

Figure 10-13: Area 9 - Tassajara Canyon - Highway Corridor Design Standards

==> picture [300 x 511] intentionally omitted <==

Figure 10-14: Area 10 - Tassajara Canyon - Highway Corridor Design Standards

==> picture [324 x 522] intentionally omitted <==

Figure 10-15: Area 11 - Santa Margarita - Highway Corridor Design Standards

1.

Permit requirements. For developments that choose to comply with the provisions of Subsections B.2.c through B.2.i, Zoning Clearance is required for residential structures, residential accessory buildings and residential access roads to review conformance with Subsections B.2.c through B.2.i. Projects that do not choose to comply with Subsections B.2.c through B.2.i are required to apply for a Minor Use Permit, or a Conditional Use Permit if otherwise required by Section 22.06.030 (Allowable Land Uses and Permit Requirements).

Within the Highway corridors (limited to the first 300 feet) shown in Figures 104-5 through 104-16, Zoning Clearance approval (with a confirming site visit) is also required for agricultural accessory buildings larger than 600 square feet, individually or cumulatively, and having one or more of the following: a roof pitch of less than 3:12, unarticulated wall surfaces and/or service entrances facing the highway.

If the Zoning Clearance application cannot be approved in compliance with Subsections H.2.c through H.2.i, the applicant may choose to convert the application to a Minor Use Permit application, with the applicant paying the difference in application fees.

2.

Zoning Clearance requirements. Zoning Clearance applications for sites within or partially within the highway corridors shown in Figures 10-4 through 10-15 shall comply with the following, in addition to other applicable standards:

a.

Site visit required. The Zoning Clearance application shall be subject to two site visits; one during the time of application review to confirm that conditions on the site correspond to information provided in the application, and the other prior to final building inspection to confirm that the building and site improvements agree with the approved plan. (Planting of required landscaping improvements may be delayed up to 90 days after final building inspection when installation is guaranteed by bond.)

b.

Exemption. An exemption from Subsections H.2.c through H.2.i may be granted if documentation is provided that the project will not be visible from the applicable highway corridor. Such documentation shall at minimum provide topographic contours (referenced to sea level), and building elevations with preliminary grading and building plans. A visual analysis of the project's location may be useful to facilitate a decision.

If conformance with these standards would unavoidably impact a biological habitat, the Director may waive the applicable standard.

c.

Highway setback. Where possible, residential buildings, residential accessory structures, and agricultural accessory structures larger than 600 square feet with the features described in Subsection H.1, shall be set back 100 feet from the applicable highway right-of-way as shown in Figure 10-16. If there is no feasible development area outside this setback, the project shall be located on the rear half of the property and shall provide a landscaping screen of fast, or moderately fast, growing plant material to provide 80 percent coverage at plant maturity. A landscaping plan per Chapter 22.16 shall be provided with the Building Permit application.

==> picture [384 x 246] intentionally omitted <==

Figure 10-16: Highway Setback for Zoning Clearance Projects

d.

Ridgetop development. Structures within the corridor boundaries shall be located so they are not silhouetted against the sky, as illustrated in Figure 10-17.

==> picture [312 x 187] intentionally omitted <==

Figure 10-17: Ridgetop Development

e.

Slope limitation. Grading for structures and roads is encouraged to be located on slopes less than 20 percent, as shown in Figure 10-18. Zoning Clearance is required for development on slopes of 20 percent or less, and Minor Use Permit on slopes greater than 20 percent.

==> picture [384 x 143] intentionally omitted <==

Figure 10-18: Slope Limitation

f.

Landmark features. Grading and placement of structures shall occur at least 150 feet from any significant rock outcrop or geologic feature, as illustrated in Figure 10-19.

==> picture [384 x 191] intentionally omitted <==

Figure 10-19: Landmark Features

g.

Building height and color. Maximum building height is 25 feet above natural grade, as shown in Figure 1020. This height limit may be increased an additional five feet for agricultural accessory buildings subject to an adjustment as provided in Section 22.01.044 subject to a visual study that supports a finding that buildings will have appropriate forms to minimize their visual impact on surrounding properties and Highway 101. The additional height shall be for architectural features such as cupolas or gabled vents on no more than one-third the length of any building. Building color other than trim shall be similar to surrounding natural colors and no brighter than 6 in chroma and value on the Munsell Color Scale on file in the Department.

==> picture [360 x 140] intentionally omitted <==

Figure 10-20: Building Height

h.

Landscaping. A landscaping plan is required in compliance with Chapter 22.16, and shall ensure at least 50 percent screening of the structure at plant maturity, as shown in Figure 10-21. Landscaping shall include mitigation planting or seeding to cover and screen visible graded cut and fill areas in compliance with Chapter 22.16.

==> picture [300 x 231] intentionally omitted <==

Figure 10-21: Landscaping

i.

Biological habitats. Development shall be designed and located to minimize adverse impacts to important biological resources in conforming with these standards. If there is a conflict between biological resources and these standards, protecting the biological resources takes precedence.

Discretionary permit requirements. Minor Use Permit approval is required for projects that are unable to meet the requirements for a Zoning Clearance as specified in Subsections B.2.c through B.2.h above. Minor Use Permit and any Conditional Use Permit applications that may otherwise be required by this Title shall include a visual analysis that is prepared by a registered architect, landscape architect or other qualified individual acceptable to the Director. The visual analysis shall be utilized to determine compliance with the intent of standards B.2.c through B.2.h and the following:

a.

Locate development, including access roads, in the least visible portion of the site consistent with the protection of other resources, as viewed from the applicable highway corridor or road. Use existing vegetation and topographic features to screen development from view as much as possible.

b.

Minimize grading that would create cut and fill slopes visible from Highway 41 and 101.

c.

Minimize building height and mass by using low-profile design here applicable. Minimize building appearance by using colors to harmonize with the surrounding natural environment.

d.

Provide landscaping to screen and buffer development through extensive use of trees and large-growing shrubs in compliance with Chapter 22.16.

4.

Residential land divisions - Cluster development encouraged. Residential land divisions are encouraged to be clustered in compliance with Section 22.22.140, unless standard subdivision design can include clustered residential building sites that will be in equal conformity with standards B.2.c through B.2.i. Application review shall determine whether the proposed parcels are designed so that residential buildings, accessory buildings and roads will be in conformity with standards H.3.a through H.3.d, in addition to other applicable standards.

Guideline: Retain land in open space in new land divisions that will preserve existing views of land subject to the Highway corridor design standards.

a.

Open Space parcel incentive. Cluster divisions of land that are subject to the Highway Corridor Design Standards may utilize an open space parcel area that is smaller than required by Chapter 22.22. The size of the area may be determined by a visual analysis of the area subject to the Highway Corridor Design Standards as part of the subdivision review process. The analysis shall identify the area that is necessary to maintain open space views of features identified in the Highway Corridor Design Standards.

C.

San Luis Obispo Highway Corridor Area. All projects within the Sensitive Resource Area in the San Luis Obispo sub-area of the San Luis Obispo Planning Area and South County Planning Area and all residential structures, residential access roads, residential accessory structures, and certain agricultural structures on any land within the highway corridor design area shown in Figure 10-22 are subject to the standards in this subsection, in addition to all other applicable standards of this Title. The highway corridor design area supplements the Sensitive Resource Area combining designation that is applied to the most critical scenic resources such as the Morros. The Highway Corridor Design Standards are intended to protect views of scenic backdrops and background vistas and foreground views from scenic roads and highways, and other environmental resources that provide habitat and watershed drainage.

==> picture [360 x 476] intentionally omitted <==

Figure 10-22: Areas subject to Highway Corridor Design Standards

Purpose and applicability. The primary purpose of the following standards is to protect important views, natural landmarks, scenic backdrops, important plant and animal habitats, and watershed values. Chapter 6 of the San Luis Obispo Area Plan includes further discussion of the public interests served by the SRA designations and standards, including general descriptions of the geographic areas to which the SRA has been applied. These standards are intended to promote the protection of existing scenic resources and expedite the permit process through a ministerial Zoning Clearance for proposals meeting the specific design criteria, while also enabling alternative design solutions through a discretionary (Minor Use Permit or Conditional Use Permit) land use permit. Residential structures, residential accessory structures (including water tanks), residential access roads, specified agricultural accessory structures (including water tanks) and signs are governed by these standards. All other uses and structures are not subject to these standards, such as production agriculture, agricultural roads and nursery specialties.

2.

Permit requirement. For projects where the applicant chooses to comply with the requirements of Subsection C.3, Zoning Clearance is required for (1) residential structures, (2) residential accessory buildings, (3) residential access roads, and (4) agricultural accessory structures that are larger than 600 square feet in area and have one or more of the following: (a) a roof pitch of less than 3:12, (b) wall surfaces that are not wood, wood-appearing or textured, and/or (c) service entrances, such as bay doors, facing a highway, unless one of the following conditions apply:

a.

Biological impacts. If conformance with these standards would unavoidably impact a biological habitat, the Director, in consultation with the Environmental Coordinator, may waive the applicable standard.

b.

Project not visible. An exemption from this standard may be granted if documentation is provided demonstrating that the proposed structures and access roads will not be visible from the applicable scenic highway or railroad. Such documentation shall at minimum provide topographic, construction and building elevations with preliminary grading and building plans. A visual analysis of the project's location may also be useful to facilitate a decision.

c.

Project not consistent with Zoning Clearance requirements. If the Zoning Clearance application cannot be approved as consistent with the provisions of Subsection C.3, the application may be converted to a Minor Use Permit application subject to the provisions of Subsection C.4, with the applicant paying the difference in fees, for a discretionary review of the project.

d.

Other land use permit required. Projects for which Section 22.06.030 requires Minor Use Permit or Conditional Use Permit approval shall be subject to those land use permit requirements, and evaluated for compliance with Subsection C.4 (Discretionary Permit Requirements).

Zoning Clearance requirements.

a.

Site visit required. The Zoning Clearance application shall be subject to two site visits; one during the time of application review to confirm that conditions on the site correspond to information provided in the application, and the other prior to final building inspection or release of bond to confirm that the building and site improvements agree with the approved plan. (The planting of required landscaping improvements may be delayed up to 90 days after final building inspection when installation is guaranteed by bond.)

b.

Permit threshold. Where possible, residential buildings, residential accessory structures and agricultural accessory structures shall be set back 100 feet as shown in Figure 108-3 from the applicable scenic highway or railroad right-of-way that is designated in Chapter 6 of the San Luis Obispo Area Plan. If there is no feasible development area outside this setback, the project shall be located on the rear half of the property and shall provide a landscaping screen of moderately fast-growing, drought-tolerant plant material to provide 80 percent view coverage at plant maturity. A landscaping plan in compliance with Chapter 22.16 (Landscaping Standards) shall be provided at the time of Building Permit application submittal.

==> picture [384 x 246] intentionally omitted <==

Figure 10-23: Setback Threshold for Zoning Clearances

c.

Biological habitats. Development shall be designed and located to minimize adverse impacts to important biological resources in conforming with these standards. If there is a conflict between biological resources and these standards, protecting the biological resources takes precedence.

d.

Ridgetop development. Structures within the SRA shall not be located so as to be silhouetted against the sky as viewed from any of the scenic highway or railroad corridors designated in Chapter 6 of the San Luis Obispo Area Plan, illustrated in Figure 10-24.

==> picture [312 x 187] intentionally omitted <==

Figure 10-24: Ridgetop development

e.

Slope limitation. Grading for structures and roads shall occur on slopes that are 20 percent or less as shown in Figure 10-25. (Zoning Clearance is required for development on slopes of 20 percent or less, and Minor Use Permit on slopes greater than 20 percent).

==> picture [384 x 142] intentionally omitted <==

Figure 10-25: Slope limitation

f.

Significant rock outcrops. Grading and placement of structures shall occur at least 150 feet from any significant rock outcrop or geologic feature that is visible from any of the scenic highway or railroad corridors designated in Chapter 6 of the San Luis Obispo Area Plan, as shown in Figure 10-26.

==> picture [384 x 181] intentionally omitted <==

Figure 10-26: Significant rock outcrops

g.

Building features. Maximum building height is 25 feet, measured in compliance with Section 22.10.090 (Height Measurement and Height Limit Exceptions), as shown in Figure 10-27. Building architecture shall include hip roofs with a minimum pitch of 3:12. Building colors shall be similar to surrounding natural colors that are no brighter than 6 in chroma and value on the Munsell color scale on file in the Department.

==> picture [384 x 142] intentionally omitted <==

Figure 10-27: Building Height

h.

Landscaping. A landscaping plan is required adjacent to the applicable structure to obtain at least 50 percent view screening of the structure at plant maturity, as illustrated in Figure 10-28. Landscaping shall include mitigation planting or seeding for graded cut and fill slopes and a low water-use irrigation system.

==> picture [276 x 225] intentionally omitted <==

Figure 10-28: Landscaping

4.

Discretionary permit requirements. Minor Use Permit approval is required for projects that are unable to meet the requirements for a Zoning Clearance as specified in Subsection C.3. Any Minor Use Permit and Conditional Use Permit applications that may otherwise be required by this Title shall include a visual analysis prepared by a registered architect, registered landscape architect, or other qualified person acceptable to the Director. The visual analysis shall be utilized to determine compliance with the intent of the provisions of Subsection F.3, and the following.

a.

Locations of development. Locate all development including accessory structures (including water tanks) and access roads in the least visible portion of the site as viewed from any of the scenic highway or railroad corridors designated in Chapter 6 of the San Luis Obispo Area Plan, consistent with the protection of other resources. Use existing topographic features first and vegetation second to screen development from public view as much as possible.

b.

Grading. Minimize grading that would create cut and fill slopes visible from any of the scenic highway or railroad corridors designated in Chapter 6 of the San Luis Obispo Area Plan.

c.

Slope limitation. Grading for structures and roads shall occur on slopes that are less than 30 percent.

d.

Building visibility. Minimize building height and mass by using low-profile design where applicable. Minimize building visibility (including water tanks) by using colors to harmonize with the surrounding natural

environment.

e.

Landscaping. Provide landscaping to screen and buffer development with native or drought-resistant plants, including extensive use of evergreen trees and large-growing shrubs, in compliance with Chapter 22.16. Shapes of plant materials should be similar to native vegetation.

f.

Signs. Locate signs that are required to have a land use permit, especially freestanding signs, so that they do not interfere with vistas from any of the scenic highway or railroad corridors designated in Chapter 6 of the San Luis Obispo Area Plan.

5.

Residential land divisions - Cluster requirement. Residential land divisions shall be clustered in compliance with Section 22.22.140, unless modified clusters as allowed by this area plan, or standard subdivision practices such as clustered residential building sites will be of equal conformance with the provisions of Subsection C.3. Application review shall determine whether the proposed parcels or building sites are designed so that residential buildings, accessory buildings and roads will comply with Subsection F.4, in addition to other applicable standards.

6.

Open space preservation. This standard applies to sites located within the Sensitive Resource Area but not the Highway Corridor Design Standards. In compliance with the purpose of the Sensitive Resource Area to retain visual appearance, habitats, drainage ways and watershed values, open space preservation is a compatible measure to support the approval of new development. Approval of an application for any land division, Minor Use Permit or Conditional Use Permit (excluding any agricultural accessory building) is contingent upon the applicant executing an agreement with the County to maintain portions of the site in open space use that are within the SRA and not intended for development. The required open space area shall be in rough proportionality to the visual impacts of the project. Guarantee of open space preservation may be in the form of public purchase, agreements, easements controls or other appropriate instrument, provided that such guarantee agreements are not to grant public access unless acceptable the property owner.

7.

Hillside parcels at the southeast City limits. The following standards apply to the area shown in Figure 1029 in addition to the above standards for Sensitive Resource Areas.

a.

Permit requirement. Minor Use Permit approval is required for all new structures except agricultural and residential accessory structures and accessory dwelling units.

b.

Sites visible from local streets. Views of the site from Broad Street shall replace those from other scenic highways or the railroad in determining compliance with the above standards for Sensitive Resource Areas.

==> picture [384 x 290] intentionally omitted <==

Figure 10-29: Hillside parcels on the southeast side of San Luis Obispo

D.

South County Highway Corridor Area. Highway 101 corridor design standards in the South County area are as follows:

1.

Purpose. The purpose of the following Highway 101 corridor design standards is to provide public views of:

·

varied topography including ridgelines and rock features;

·

significant stands of trees and wildflowers; and

·

historic buildings and pastoral settings.

These standards are intended to expedite the permit process for projects which maintain scenic views and the rural character along Highway 101, while providing opportunities to use other design solutions through

a discretionary review process to achieve scenic goals. Only residential structures, residential accessory building, residential access roads, specified agricultural accessory buildings and signs are governed by these standards. All other uses and structures, such as agricultural roads and nursery specialties are not subject to the standards.

2.

Applicability. The following standards apply to the Highway 101 corridor shown in Figures 10-30 and 10-31, and the Newsom Ridge hills shown in Figure 10-30. These standards also apply to the Temattate Ridge hills, east of Highway 101 between Los Berros Creek and Highway 166. Along the Temattate Ridge, south of Los Berros Creek, these standards apply to land above the 800-foot elevation and not beyond 40 feet in vertical elevation below the highest elevation on the back of the ridge at any given point along the ridgeline.

==> picture [372 x 504] intentionally omitted <==

Figure 10-30: Highway 101 Corridor Design Standards

==> picture [397 x 500] intentionally omitted <==

Figure 10-31: Highway 101 Corridor Design Standards

3.

Permit requirements. Zoning Clearance is required for residential structures, residential accessory buildings and residential access roads that comply with the provisions of Subsection D.4. Projects that do not choose to comply with the provisions of Subsection D.4 shall require Minor Use Permit approval, or a Conditional Use Permit if otherwise required by Section 22.06.030.

Within the Highway 101 frontage (limited to the first 300 feet) shown in Figures 10-30 and 10-31, Zoning Clearance is also required for agricultural accessory buildings larger than 600 square feet, individually or cumulatively, that have a roof pitch of less than 3:12, unarticulated wall surfaces and/or service entrances facing the highway.

If the Zoning Clearance application cannot be approved in compliance with Subsection D.4, the application may be converted to a Minor Use Permit application for review of the project, with the applicant paying the difference in application fees.

4.

Project design and processing - Zoning Clearance applications. Projects proposed in Zoning Clearance applications on sites within or partially within the highway corridors shown in Figures 10-30 and 10-31 shall comply with the following, in addition to other applicable standards:

a.

Exemption. An exemption from this standard may be granted if documentation is provided that the project will not be visible from Highway 101. Such documentation shall at a minimum provide topographic, construction and building elevations with preliminary grading and building plans. Submission of a visual analysis of the project's location may be useful to facilitate a decision. If conformance with these standards would unavoidably impact a biological habitat, the Director, in consultation with the Environmental Coordinator, may waive the applicable standard.

b.

Site visit required. Zoning Clearance applications shall be subject to two site visits; one during the time of application review to confirm that conditions on the site correspond to information provided in the application, and the other prior to final building inspection to confirm that the building and site improvements agree with the approved plan. (Planting of required landscaping improvements may be delayed up to 90 days after final building inspection when installation is guaranteed by bond.)

c.

Highway setback. Where possible, residential buildings, residential accessory structures and agricultural accessory structures described in Subsection D.3 shall be set back 100 feet from the Highway 101 right of way as shown in Figure 10-32. If there is no feasible development area outside this setback, the project shall be located on the rear half of the property and shall provide a landscaping screen to provide 80 percent coverage at plant maturity, to be verified by a landscape architect, landscape contractor, certified nurseryman or other qualified individual approved by the Director.

==> picture [360 x 245] intentionally omitted <==

Figure 10-32: Highway Setback for Projects Requiring Zoning Clearance

d.

Ridgetop development. Structures shall be located so they are not silhouetted against the sky as viewed from Highway 101, as illustrated in Figure 10-33.

==> picture [384 x 230] intentionally omitted <==

Figure 10-33: Ridgetop Development

e.

Slope limitation. Grading for structures and roads shall occur on slopes that are 20 percent or less, except on the west side of Highway 101 where more restrictive standards may apply as shown in Figure 10-34.

Zoning Clearance is required for development on slopes of 20 percent or less, and Minor Use Permits on slopes greater than 20 percent.

==> picture [384 x 160] intentionally omitted <==

Figure 10-34: Slope Limitation

f.

Building features. Maximum building height is 25 feet above natural grade, as illustrated in Figure 10-35. This height limit may be increased an additional five feet for agricultural accessory buildings subject to an adjustment as provided in Section 22.70.030 subject to a visual study that supports a finding that buildings will have appropriate forms to minimize their visual impact on surrounding properties and Highway 101. The additional height shall be for architectural features such as cupolas or gabled vents on no more than onethird the length of any building. Building architecture shall include roofs with a minimum pitch of 3:12 and articulated wall surfaces at least every 30 feet. Where possible, agricultural accessory buildings within 300 feet of Highway 101 shall have service entrances oriented away from view of Highway 101. Building color shall be similar to surrounding natural colors that are no brighter than 6 in chroma and value on the Munsell color scale on file in the Department.

==> picture [384 x 159] intentionally omitted <==

Figure 10-35: Building Features

g.

Landscaping. A landscaping plan is required that will ensure at least 50 percent screening of the structure at plant maturity as shown in Figure 10-36. Landscaping shall include mitigation planting or seeding for graded cut and fill areas in compliance with Chapter 22.16.

==> picture [348 x 288] intentionally omitted <==

Figure 10-36: Landscaping

h.

Biological habitats. Development shall be designed and located to minimize adverse impacts to important biological resources in conforming with these standards. If there is a conflict between biological resources and these standards, protecting the biological resources takes precedence.

5.

Project design and processing - Discretionary permit applications. Minor Use Permit approval is required for projects subject to Subsection D.4 that are unable to meet the requirements for a Zoning Clearance in standards D.4.c through D.4.h. Minor Use Permit and any Conditional Use Permit applications that may otherwise be required by this Title shall include a visual analysis that is prepared by a registered architect, landscape architect or other qualified individual acceptable to the Environmental Coordinator. The visual analysis shall be utilized to determine compliance with the intent of D.4 and the following:

a.

Locate development, including access roads, in the least visible portion of the site consistent with the protection of other resources, as viewed from Highway 101, unless mitigated to insignificant levels. Use existing vegetation and topographic features to screen development from view as much as possible.

b.

Minimize grading for both structures and roads that would create cut and fill slopes visible from Highway 101.

c.

Minimize building height and mass by using low-profile design where applicable. Minimize the visual impacts of buildings by using colors that blend with surrounding natural colors and/or screen the building from view.

d.

Provide landscaping to screen and buffer both road and building development with native or droughtresistant plants, including the extensive use of trees and large-growing shrubs.

e.

Use of minimal signage is encouraged. Locate signs that are subject to a discretionary land use permit so that they minimize interference with important public views from Highway 101, such as those listed in the preamble to this Section.

6.

Residential land divisions.

a.

Clustering encouraged. Residential land divisions are encouraged to be clustered in compliance with Section 22.22.140, unless standard subdivision design can include clustered residential building sites that will be in equal conformity with Subsection I.5. Application review shall determine whether the proposed parcels or building sites are designed so that residential buildings, accessory buildings and roads will comply with Subsection I.5, in addition to other applicable standards.

Guideline: Retain land in open space in new land divisions that will preserve existing views of land subject to the Highway 101 corridor design standards.

b.

Open space parcel incentive. Cluster divisions of land that are located within the Highway 101 corridor design standards may utilize an open space parcel area that is smaller than required by Section 22.22.140. The size of the area may be determined by a visual analysis of the area subject to the Highway 101 corridor standards as part of the subdivision review process. The analysis shall identify the area that is necessary to maintain open space views of features identified in the Highway 101 corridor design standards.

[Added 1997, Ord. 2800; Amended 2014, Ord. 3256; 2018, Ord. 3369; 2020, Ord. 3409]

22.10.100 - Lot Consolidation.

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

Notes:

(1)

Minimum width is measured along the front setback line (Section 22.10.140).

[Amended 1981, Ord. 2063] [22.04.050]

A.

Purpose and applicability. Minimum site area is the smallest existing lot size for which a building permit will be issued. Sections 22.10.100 through 22.10.110 set minimum site area standards for the use of existing lots of record. These standards are not to be used to determine the required parcel size for new land divisions, which are instead subject to Chapter 22.22 (Land Division Standards). Any legally created lot may be used for any use identified as allowable in the applicable land use category by Section 22.06.030 (Allowable Land Uses and Permit Requirements), regardless of whether the lot satisfies the minimum size requirements of Chapter 22.22 for new lots, provided that:

1.

The existing lot proposed for use is not smaller than the minimum site area required for the proposed use by Subsection C. (Required Area), or Chapter 22.30 (Standards for Specific Land Uses), or by the planning area standards of Article 9.

2.

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

3.

The proposed use is authorized by the appropriate land use permit as determined by Article 2 or Chapter 22.30, or planning area standard of Article 9.

[Added 1984, Ord. 2163; Amended 1992, Ord. 2553]

B.

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

C.

Required area. The following land uses shall be located only on sites with the minimum areas specified, unless other minimum site area requirements are established by Chapter 22.30 for specific uses, by Chapter 22.14 for combining designations or by planning area standards in Article 9.

Notes:

(1)

Except where a larger site area is provided by Section 22.10.100, Lot Consolidation, one acre is required where a well and septic system shall be located on a single lot; 2-½ acres is required where a lot is proposed to have a septic system, and is located within a Domestic Reservoir Watershed as defined by Section 19.20.222b(3) of the Building and Construction Ordinance, except that no minimum is required where a lot is part of an approved cluster subdivision with a maximum density of 2.5 acres per dwelling unit or more. No land within a horizontal distance of 200 feet from the reservoir impoundment, as determined by the spillway elevation, shall qualify for computing minimum site area, residential density, or for septic system siting; and

[Amended 1984, Ord. 2163; 1992, Ord. 2553] [22.04.040, 042, 044]

This Section establishes standards for acceptable exterior and interior noise levels and describe how noise shall be measured. These standards are intended to protect persons from excessive noise levels, which are detrimental to the public, health, welfare and safety and contrary to the public interest because they can: interfere with sleep, communication, relaxation and full enjoyment of one's property; contribute to hearing impairment and a wide range of adverse physiological stress conditions; and adversely affect the value of real property.

A.

Exceptions to noise standards. The standards of this Section are not applicable to noise from the following sources.

1.

Activities conducted in public parks, public playgrounds and public or private school grounds, including but not limited to school athletic and school entertainment events;

2.

The use of any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work to protect life or property;

3.

Safety signals, warning devices, and emergency pressure relief valves;

4.

Noise sources associated with construction, provided such activities do not take place before 7:00 a.m. or after 9:00 p.m. on any day except Saturday or Sunday, or before 8:00 a.m. or after 5:00 p.m. on Saturday or Sunday;

5.

Noise sources associated with the maintenance of a residential use as listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements), provided that the activities take place between the hours of 7:00 a.m. and 9:00 p.m.;

6.

Noise sources associated with agricultural land uses as listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements), including but not limited to wind machines used for direct climate control, water well pumps and pest-repelling devices, provided that the pest-repelling devices are used in accordance with accepted standards and practices.

7.

Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;

8.

Noise sources associated with the collection of waste or garbage from property devoted to other than residential uses listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements).

9.

Traffic on public roadways, railroad line operations, aircraft in flight, and any other activity to the extent regulation thereof has been preempted by state or federal law.

B.

Exterior noise level standards. The exterior noise level standards of this Section are applicable when a land use affected by noise is one of the following noise-sensitive uses: residential uses listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements), except for residential accessory uses and temporary dwellings; health care services (hospitals and similar establishments only); hotels and motels; bed and breakfast facilities; schools (pre-school to secondary, college and university, specialized education and training); churches; libraries and museums; public assembly and entertainment; offices, and outdoor sports and recreation.

1.

No person shall create any noise or allow the creation of any noise at any location within the unincorporated areas of the county on property owned, leased, occupied or otherwise controlled by the person which causes the exterior noise level when measured at any of the preceding noise-sensitive land uses situated in either the incorporated or unincorporated areas to exceed the noise level standards in the following table. When the receiving noise-sensitive land use is outdoor sports and recreation, the following noise level standards shall be increased by 10 dB.

Maximum Allowed Exterior Noise Level Standards

;sz=8q;Notes:

(1)

Applies only to uses that operate or are occupied during nighttime hours.

2.

In the event the measured ambient noise level exceeds the applicable exterior noise level standard in Subsection B.1, the applicable standard shall be adjusted so as to equal the ambient noise level plus one dB.

3.

Each of the exterior noise level standards specified in Subsection B.1 shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

4.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the exterior noise level standards.

C.

Interior noise level standards. The interior noise level standards of this Section are applicable when the land use which is the source of noise and the land use which is affected by noise are both residential uses as listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements), except for residential accessory uses and temporary dwellings.

1.

No person shall operate or cause to be operated a source of noise within a residential use in any location in the unincorporated areas of the county or allow the creation of any noise which causes the noise level when measured inside a residential use located in either the incorporated or unincorporated area to exceed the interior noise level standards in the following table.

2.

In the event the measured ambient noise level exceeds the applicable interior noise level standard in Subsection C.1, the applicable standard shall be adjusted so as to equal the ambient noise level plus one dB.

3.

Each of the interior noise level standards specified in Subsection C.1 shall be reduced by five dB for simple tone noises, noises consisting primarily of speech or music, or for recurring impulsive noises.

4.

If the intruding noise source is continuous and cannot reasonably be discontinued or stopped for a time period whereby the ambient noise level can be measured, the noise level measured while the source is in operation shall be compared directly to the interior noise level standards.

D.

Other noise sources. The noise level standards in this Section apply to the following.

1.

Air conditioning and refrigeration. Notwithstanding the provisions of Subsection B.1, when the intruding noise source is an air conditioning or refrigeration system or associated equipment installed prior to June 4, 1992, the exterior noise level as measured as provided in Subsection E. shall not exceed 55 dB, except where the equipment is exempt from the provisions of this Chapter. The exterior noise level shall not exceed 50 dB for equipment installed or in use after June 4, 1993.

2.

Waste and garbage collection equipment. Notwithstanding the provisions of Subsection B.1, noise sources associated with the collection of waste or garbage from a residential use (as listed in Section 22.06.030 (Allowable Land Uses and Permit Requirements) by persons authorized to engage in such activity, and who are operating truck-mounted loading or compacting equipment, shall not take place before 7:00 a.m. or after 7:00 p.m., and the noise level created by these activities when measured at a distance of 50 feet in an open area shall not exceed the following standards.

a.

85 dB for equipment in use, purchased or leased prior to December 4, 1992.

b.

80 dB for the equipment described in Subsection D.1 after June 4, 1997.

c.

80 dB for new equipment purchased or leased after December 4, 1992.

d.

75 dB for new equipment purchased or leased after June 4, 1995.

3.

Electrical substations. Notwithstanding the provisions of Subsection B.1, noise from the following electrical substations shall not exceed an exterior noise level of 50 dB between 10:00 p.m. and 7:00 a.m. and 55 dB between 7:00 a.m. and 10:00 p.m., as determined at the property line of the receiving land use: Cholame, San Miguel, Templeton, Cambria, Perry, Cayucos, Baywood, Highway 1 between Morro Bay and the California Men's Colony, Goldtree, Foothill, San Luis Obispo, Oceano, Mesa, Union Oil, Callendar, and Mustang. If any of these substations undergo modifications that increase noise levels, they shall be mitigated in compliance with the policies of the Noise Element Policy Document.

E.

Noise level measurement. For the purpose of evaluating conformance with the standards of this Chapter, noise levels shall be measured as follows.

1.

Use of meter. Any noise measurement in compliance with this Section shall be made with a sound level meter using the A-weighted network (scale). Calibration of the measurement equipment utilizing an acoustical calibrator shall be performed immediately prior to recording any noise data.

2.

Measuring exterior noise levels. Except as otherwise provided in this Section, exterior noise levels shall be measured at the property line of the affected noise-sensitive land use listed in Subsection B. Where practical, the microphone shall be positioned five feet above the ground and away from reflective surfaces.

3.

Measuring interior noise levels. Interior noise levels shall be measured within the affected residential use listed in Subsection C., at points at least four feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. The reported interior noise level shall be determined by taking the arithmetic average of the readings taken at the various microphone locations.

[Amended 1992, Ord. 2545] [22.06.040, 042, 044, 046, 048, 050]

A.

Limits on non-taxable sales.

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

2.

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

3.

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

B.

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

C.

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

[Added 2000, Ord. 2913] [22.04.360]

The number of primary dwelling units that may be established on a site that complies with Section 22.10.110 et seq. (Minimum Site Area), is based upon the land use category applied to the site by the Land Use Element. This Section determines the maximum number of primary dwelling units that may be allowed. The number of caretaker units and agricultural worker dwellings are determined instead by Sections 22.30.430 and 22.30.480.B and C., respectively. See Section 22.30.470 for regulations relating to the number of allowable accessory dwellings.

A.

Single-family dwellings and urban dwellings. In land use categories where Section 22.06.030 (Allowable Land Uses and Permit Requirements) identifies single-family dwellings or urban dwellings as permitted or conditional uses, the number of primary dwellings allowed on a single lot is as follows, provided that manufactured homes or mobile homes shall also comply with Section 22.30.450 (Residential - Mobile Homes), urban dwellings shall also comply with Section 22.30.471 (Residential - Urban Dwellings), and parcels served by onsite wastewater treatment systems shall also comply with the San Luis Obispo County Local Agency Management Program (LAMP) and Title 19:

Agriculture and Rural Lands land use categories: See Section 22.30.480 (Residential Uses in the Agriculture and Rural Land Use Categories).

2.

Residential Multi-Family land use category: The number of dwelling units allowed on a lot in the Residential Multi-Family land use category shall be as allowed in Subsection B, except for workforce housing subdivisions processed pursuant to Section 22.30.477 and as allowed by Chapter 22.12 (Affordable Housing Incentives).

3.

Single-Family Residential land use categories - Residential Rural, Residential Suburban, and Residential Single-Family: One for each legal parcel (parcel is defined in Chapter 22.80), except as follows:

a.

Areas with special density standards. Where planning area standards of Chapter 22.09 (Community Planning Standards) establish density requirements, the planning area standards shall control and determine the number of allowed dwelling units.

b.

Density-bonus projects. The number of dwelling units allowed in a project that proposed affordable housing in compliance with Government Code 65915 or with Section 22.12.040—Inclusionary Housing, shall be determined by Chapter 22.12 (Affordable Housing Incentives).

c.

Urban dwellings. A second primary residential dwelling may be established in addition to an existing singlefamily dwelling authorized by this Section, if allowed by Section 22.30.471.

d.

Workforce housing subdivisions. Residential density in workforce housing subdivisions shall be as allowed by Section 22.30.477 - Residential - Workforce Housing Subdivisions.

4.

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

a.

Rural areas: One unit per five acres where no community water or sewer service is provided; one unit per acre where community water or community sewer is provided. Parcels served by onsite wastewater treatment systems shall comply with the LAMP and Title 19.

b.

Urban or village areas: One unit per acre, except that one unit per 6,000 square feet is allowed where community sewer is provided. Parcels served by onsite wastewater treatment systems shall comply with the LAMP and Title 19. Community water is required for any residential development in the Recreation land use category within an urban or village reserve line.

Nothing in this Section shall be construed as having any effect upon a land division request.

B.

Multi-family dwellings. The number of multi-family dwellings allowed on a single lot or adjoining lots is based upon the "intensity factor" of the site. The intensity factor will be either low, medium, or high, based upon the type of street serving the site and the sewer service provided. The intensity factor determines the maximum number of units allowed, the maximum floor area for all units in the project, and minimum areas for landscaping and pedestrian use. A multi-family dwelling project must satisfy the floor area and open area standards of this section, as well as all applicable requirements for parking, setbacks and height. Multi-family dwellings in the Recreation Category are subject to Section 22.30.500 (Residential Uses in the Recreation Land Use Category). Multi-family dwellings in the Commercial Service, Commercial Retail, or Office and Professional land use categories are subject to Section 22.30.490 (Residential Uses in Office or Commercial Land Use Categories).

1.

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

;sz=8q;Notes:

(1)

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

2.

Determining allowable density. The allowable density, maximum floor area and minimum open area for a multiple-family project shall be shown in the following table (all area figures are expressed as percentages of the total usable site area). A minimum of 6,000 square feet of site area is required to establish more than one dwelling unit, in compliance with Section 22.10.110.C (Minimum Site Area - Multi-Family Dwellings):

;sz=8q;Notes:

(1)

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

(2)

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

[Amended 1981, Ord. 2063; 1982, Ord. 2091; 1985, Ord. 2211, 2217; 1992, Ord. 2553; 1999, Ord. 2880; 2007, Ord. 3136; 2012, 3236; 2012, Ord. 3237; Ord. 3340; 2020, Ord. 3409; 2025, Ord. 3537; 2025, Ord. 3547] [22.04.080, 082, 084]

A.

Single-family and urban dwellings. The maximum floor area for single-family dwellings and urban dwellings is as follows:

1.

Single-Family Residential land use categories - Residential Rural, Residential Suburban, and Residential Single-Family.

a.

First primary dwelling: No maximum.

b.

Additional primary dwellings: 1,200 square feet.

2.

Non-Single-Family Residential land use categories. No maximum, unless specified in one of the following sections:

a.