§ 22.108.050. Oceano Community Standards.

The following standards apply within the Oceano urban reserve line to the land use categories or specific areas listed.

A.

Communitywide. The following standards apply to all land use categories inside the Oceano Urban Reserve Line.

1.

Oceano Specific Plan Included by Reference. The 2001 Oceano Specific Plan, and any amendments made thereto, is hereby incorporated into this Title as though it were fully set forth here. All development within the Oceano Specific Plan planning area, which coincides with the Oceano Urban Reserve Line, is to be in conformity with the adopted Specific Plan, in addition to any applicable planning area standards. In the event of any conflict between the provisions of this Chapter and the Specific Plan, the Specific Plan shall control. Any deviation of existing or proposed development from the provisions of the Specific Plan is to occur only after appropriate amendment of the Specific Plan.

2.

Curb, gutter and sidewalk required. Curb, gutter and sidewalk is required with any project in the Ocean urban area, excluding the Halcyon area as shown on Figure 108-22, in all land use categories.

a.

When required.

(1)

Curb, gutter and sidewalk in the Industrial, Commercial Retail and Service, Office and Professional, and Residential Multi-Family land use categories is required to be installed as set forth in this section when such improvements do not already exist, and:

(a)

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

(b)

A new structure is moved on to a site (rather than constructed in place).

(2)

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

(a)

The value of any new structures exceed 25 percent of the total of all improvements existing on the site as determined by the assessment roll or by a current appraisal. The appraisal shall be completed by an appraiser with a "Certified General License" issued by the State Office of Real Estate Appraisal and shall determine full market value of the parcel, allocating for land and existing site improvements based on the Uniform Standards of the Professional Appraisal Practices as published by the Appraiser Standards Board of the Appraisal Foundation. Both of these methods shall be determined at the time of the first building permit (within the 12-month period) is applied for.

(b)

More than 25 percent of the square footage of an existing structure is demolished and replaced.

(c)

More than a 20 percent expansion of square footage of an existing structure is added.

(d)

A new structure is moved on to a site (rather than constructed in place).

(3)

Curb, gutter and sidewalk is required to be installed in new land divisions, in compliance with Title 21 of the County Code.

b.

Extent of improvements. Curb, gutter and sidewalk improvements are to be constructed along the entire street frontage(s) of the site, and also along the street frontage of any adjoining lots in the same ownership as the site.

c.

Exceptions. Curb, gutter and/or sidewalk may be waived, modified or delayed as set forth in Section 22.54.030 of this Title.

d.

Design and construction. Curb, gutter and sidewalk improvements shall be designed and constructed as set forth in Section 22.54.030 of this Title. Where there is existing curb, gutter and sidewalk, Public Works may determine that the existing improvements have deteriorated so as to be unusable, or are improperly located, and that reconstruction of such street frontage improvements is required.

e.

Timing of installation. Curb, gutter and sidewalk improvements shall be completed as set forth in Section 22.64.090 (Project Completion), Section 22.64.110 (Occupancy with Incomplete Site Improvements) prior to occupancy, or Section 22.54.030G (Encroachment Permit Fee and Agreement Required) of this Title.

B.

Combining Designations - Airport Review Area (AR).

1.

Limitation on uses within Airport Review Area. Land uses shall be limited to those designated as "compatible" or "conditionally approvable" by the adopted Oceano County Airport Land Use Plan.

2.

Site design and development standards - Airport site. New development projects in County-owned portions of the site of the Oceano County Airport shall be consistent with the adopted Airport Use Permit, and shall comply with all applicable provisions of the airport lease site standards instead of the provisions of Articles 3 and 4 of this Title.

3.

Site design and development standards - Private lands. All development applications for the area within the boundary of the adopted Oceano County Airport Land Use Plan are subject to the development standards set forth in that plan, in addition to all applicable provisions of this Title. In the event of conflicts between the provisions of the Airport Land Use Plan and this Title, the more restrictive provisions shall prevail.

C.

Commercial Retail (CR).

1.

Permit requirement. Minor Use Plan approval is required for all new construction or exterior alteration of existing structures where a land use permit is otherwise required by this Title, except for the following:

a.

Minor exterior alterations, as well as expansions not to exceed 10 percent of the existing floor area, may be exempted from this requirement by the Director of Planning and Building. Such projects are still subject to other applicable requirements.

b.

Exterior facade remodeling and expansions that exceed 10 percent of the existing floor area may be approved as "minor" Minor Use Permits if they are determined to be categorically exempt from the California Environmental Quality Act by the Director of Planning and Building and are in conformance with the Oceano Specific Plan.

c.

New uses that are proposed to occupy existing development. Such uses are still subject to other applicable permit requirements.

d.

Single-family residences and residential accessory structures, and agricultural accessory structures.

e.

Where Conditional Use Permit approval is otherwise required by this Title.

2.

Block 45 of Town of Oceano #2. The following standards apply only to the Commercial Retail designated land in Block 45 of Town of Oceano #2, as shown on Figure 108-21.

Figure 108-21: Block 45 of Town of Oceano #2

a.

Mixed Use. Proposed residential uses shall be limited to upper floors or behind buildings fronting Cienaga Street.

b.

Blank Walls. Any project proposing development within 5 feet of side property line, excluding street side property lines, where California Building Code standards would require a firewall with no (or minimized) window openings and where the wall would be open to public view, the applicant shall develop an architectural relief plan for the side wall. The architectural relief plan shall include one or both of the following:

(1)

Architectural features used on the northerly (Cienaga Street frontage) of the building shall be continued onto the easterly wall. "False" windows shall be used along the wall replicating the same window rhythm as that used on the northerly wall of the building.

(2)

Artistic pieces shall be affixed to the wall. This may include sculptures and/or murals in compliance with Subsection 22. 20.040.B.23. Artistic pieces shall be sufficient to minimize large blank portions of the wall.

c.

Limitation on Use. Land uses identified by Section 22.06.030 as allowable, permitted, or conditional within the Commercial Retail land use category may be authorized in compliance with the land use permit requirements of that section except the following uses: horse ranches and other equestrian facilities, kennels, zoos, recycling collection stations, mobile home and vehicle dealers, vehicle storage, dry cleaners, industrial launderers, beauty shops with manicure and/or pedicure services, funeral parlors, automobile service stations/gas stations, and printing and publishing.

d.

Fast Food Restaurant Use. No more than 15 percent of the floor area of the commercial use on a site shall be designated for fast food restaurant use.

e.

Drainage. At the time of application for a land use permit and/or building permit, the applicant shall submit a drainage plan in compliance with the requirements of Chapter 22.52 of the Land Use Ordinance. In no circumstance shall drainage shall be directed towards Highway 1.

f.

Southeast Corner of 21st and Cienaga Streets. The following requirements apply only to the to Site "A" as shown in Figure 108-21.

(1)

Design. Future development on this site shall be mixed-use and incorporate the following:

(a)

Residential density shall be greater than or equal to 10 units per acre.

(b)

At least 15 percent of residential units shall be no larger than 900 square feet.

(c)

Parking shall be placed behind the structures fronting Cienaga Street.

(d)

All buildings with street frontage shall face the street with visible entrances.

(e)

Site design shall maximize solar access for residential units. At least 80 percent of residential units shall have south-facing windows.

(f)

Landscaping shall be irrigated through drip irrigation.

(g)

Pedestrian walkways shall be landscaped and illuminated with pedestrian-scaled elements.

(h)

All residential units shall be provided with pedestrian access to the exterior sidewalks via pedestrian route where automobile access has minimum impact on the pedestrian experience (i.e. not a driveway).

(2)

Parking. Applicants proposing non-residential uses that do not qualify with a "general retail" parking calculation according to Chapter 22.18, shall prepare a parking plan. The plan will need to address the following, at a minimum:

(a)

A list shall be provided of all existing uses in the commercial buildings, including applicable details needed to determine parking calculations (i.e. square footage, percentage used for storage, number of barber chairs, etc.).

(b)

An estimate shall be provided showing the number of parking spaces required for all existing uses based on the calculations in Chapter 22.18 of the Land Use Ordinance.

(c)

For the purposes of the parking plan, vacant commercial space shall be assumed to be "general retail" with 90 percent of floor space for sales and 10 percent of floor space for storage.

(d)

If parking calculations exceed the number of parking spaces provided for the commercial component under the Minor Use Permit or Conditional Use Permit for the mixed use development, a new Minor Use Permit (requiring special findings pursuant to Section 22.18.020.H.) for parking adjustment may be necessary to establish the use.

(3)

Access. Open area for a potential future easement shall be reserved on Site "A" in Figure 108-21 to ultimately facilitate rear access to Site "B" in Figure 108-21 from Twenty-First Street. Plans submitted for land use permits, subdivisions, and building permits, shall clearly delineate the possible future alignment of this access.

D.

Commercial Service (CS).

1.

Limitation on use. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional uses within the CS land use category may be authorized in compliance with the land use permit requirements of that Section except: drive-in theaters; concrete, gypsum and plaster products; marinas; hotels and motels; marine terminals and piers.

2.

Permit Requirement. Minor Use Plan approval is required for all new construction or exterior alteration of existing structures where a land use permit is otherwise required by this Title, except for the following:

a.

Minor exterior alterations, as well as expansions not to exceed 10 percent of the existing floor area, may be exempted from this requirement by the Director of Planning and Building. Such projects are still subject to other applicable requirements.

b.

Exterior facade remodeling and expansions that exceed 10 percent of the existing floor area may be approved as "minor" Minor Use Permits if they are determined to be categorically exempt from the California Environmental Quality Act by the Director of Planning and Building and are in conformance with the Oceano Specific Plan.

c.

New uses that are proposed to occupy existing development. Such uses are still subject to other applicable permit requirements.

d.

Single-family residences and residential accessory structures, and agricultural accessory structures.

e.

Where Conditional Use Permit approval is otherwise required by this Title.

E.

Industrial (IND).

1.

Limitation on use. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional uses within the Industrial land use category may be authorized in compliance with the land use permit requirements of that Section except: drive-in theaters; petroleum refining and related industries; petroleum extraction; airfields and landing strips; marine terminals and piers.

2.

Permit Requirement. Minor Use Plan approval is required for all new construction or exterior alteration of existing structures where a land use permit is otherwise required by this Title, except for the following:

a.

Minor exterior alterations, as well as expansions not to exceed 10 percent of the existing floor area, may be exempted from this requirement by the Director of Planning and Building. Such projects are still subject to other applicable requirements.

b.

Exterior facade remodeling and expansions that exceed 10 percent of the existing floor area may be approved as "minor" Minor Use Permits if they are determined to be categorically exempt from the California Environmental Quality Act by the Director of Planning and Building and are in conformance with the Oceano Specific Plan.

c.

New uses that are proposed to occupy existing development. Such uses are still subject to other applicable permit requirements.

d.

Single-family residences and residential accessory structures, and agricultural accessory structures.

e.

Where Conditional Use Permit approval is otherwise required by this Title.

F.

Recreation (REC) - Limitation on use. Land uses within the Recreation land use category between Highway 1 and the railroad right-of-way shall be limited to recreational vehicle parks in compliance with Ordinance 1215.

G.

Residential Single-Family (RSF). The following standards apply within the Residential Single-Family land use category.

1.

Halcyon - Development standards. All proposed uses within the Halcyon area (see Figure 108-22) shall comply with the provisions of Ordinance 1913, summarized as follows:

[Following text comes from Ordinance 1913]

a.

The maximum residential density for the area shown in Figure 108-22 is 36 residential units. No more than 32 units shall be allowed on Site "A" and no more than 4 units shall be allowed on Site "B."

b.

Clustering of residential units and submittal of a master Departmental Review to process more than one application to construct a residence at a time is permitted.

Figure 108-22: Halcyon (Ordinance 1913)

2.

Southeast Corner of 23rd Street and Wilmar Avenue - Land division standards. Prior to any division of the property at the southeast corner of 23rd Street and Wilmar Avenue, a subdivision plan indicating ultimate lotting and street layout shall be approved by the Commission as required by Ordinance 1590. Subsequent land divisions shall be consistent with the approved plan.

H.

Residential Multi-Family (RMF). The following standards apply within the Residential Multi-Family land use category.

1.

Permit Requirement. Minor Use Plan approval is required for all new construction or exterior alteration of existing structures where a land use permit is otherwise required by this Title, except for the following:

a.

Minor exterior alterations, as well as expansions not to exceed 10 percent of the existing floor area, may be exempted from this requirement by the Director of Planning and Building. Such projects are still subject to other applicable requirements.

b.

Exterior facade remodeling and expansions that exceed 10 percent of the existing floor area may be approved as "minor" Minor Use Permits if they are determined to be categorically exempt from the California Environmental Quality Act by the Director of Planning and Building and are in conformance with the Oceano Specific Plan.

c.

New uses that are proposed to occupy existing development. Such uses are still subject to other applicable permit requirements.

d.

Single-family residences, secondary dwellings and residential accessory structures, and agricultural accessory structures.

e.

Where Conditional Use Permit approval is otherwise required by this Title.

2.

Maximum Density. New multi-family development is not to exceed a density of 15 units per acre. Maximum floor area may not exceed 48 percent. This standard does not apply to development proposals accepted for processing by the Department of Planning and Building prior to the effective date of general plan amendments included in the Spring Cycle, 2002.

3.

South of Highway 1. The following standards apply only to the Residential Multi-Family land use category located south of Highway 1.

a.

Limitation on use. Land uses shall be limited to the following, in compliance with the land use permit requirements of Section 22.06.030: mobile home parks; except that on 1989 Assessor Parcel Number 75-032-05 as shown in Figure 108-23, land uses shall be limited to: animal keeping; crop production and grazing; religious facilities; membership organization facilities; home occupations; one single-family dwelling or mobile home; residential accessory uses; public safety facilities; storage, accessory; pipelines and transmission lines; and public utility facilities.

b.

Density calculations. Portions of property that comprise Arroyo Grande Creek channel and dikes are not to be used in computing overall density in proposed projects.

c.

Fencing requirement. Arroyo Grande Creek dikes and channels shall be fenced at the time adjoining properties develop to prevent resident access from adjacent mobile home and recreational vehicle parks.

d.

Signs. Signs shall be for identification purposes only and shall be located at the main entrance to the park. Signs are not to be more than 20 square feet in area, with a maximum height of 10 feet.

Figure 108-23: Parcel Near Southwest Corner of Highway 1 & Halcyon Rd. - Oceano

[Amended 1982, Ord. 2106; 1984, Ord. 2206; 1986, Ord. 2257; 1987, Ord. 2331; 1990, Ord. 2443 ; Added 2001, Ord. 2944; Added and Amended 2002, Ord. 2968; Added 2008, Ord. 3162; 2014, Ord. 3256; 2018, Ord. 3369]