§ 22.30.310. Nursery Specialties.

The following standards apply to the production and sale of ornamental plants and other nursery products, grown under cover, outdoors or in greenhouses: including bulbs, flowers, shrubbery, florist greens, fruit stock, floral products, nursery stock, ornamental plants (including potted plants), seed, sod, and food crops (including vegetables):

A.

Agriculture and Rural Lands land use categories.

1.

Limitation on use. Nursery specialty operations including outdoor nursery specialties, greenhouses and retail sales, are allowed in the Agriculture and Rural Lands land use categories. Roadside stands are subject to Section 22.30.075 (Agricultural Retail Sales).

2.

Permit requirement.

a.

Outdoor nursery specialties. No permit required.

b.

Greenhouses. Zoning Clearance approval.

c.

Retail sales. No permit required if no structures are proposed to house product displays or sales activities, and all products sold are produced on-site. Permanent retail facilities require Conditional Use Permit approval.

3.

Minimum site area. No minimum area.

4.

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

5.

Setbacks. As required by Section 22.30.060 (Agricultural Accessory Structures), unless the Uniform Building Code would require a larger setback because of construction materials.

B.

Residential Rural land use category.

1.

Limitation on use. Nursery specialty operations are limited to outdoor nursery specialties and greenhouses in the Residential Rural land use category. No on-site retail sales are allowed except as provided by Sections 22.30.075 (Agricultural Retail Sales - Residential categories), and 22.30.330.F (Seasonal or Temporary sales).

2.

Permit requirement.

a.

Outdoor nursery specialties. No permit required.

b.

Greenhouses. The land use permit requirement for greenhouses shall be based on the floor area of the facility, as required by the following table.

Existing Road Improvement (1)	Permit Requirement Based on Floor Area of Greenhouse (in square feet)
	Less than 20,000	20,000 to 39,999	40,000 to 74,999	75,000 and more
Unpaved	Zoning Clearance	Site Plan Review (4)	Minor Use Permit	Conditional Use Permit
Double Chip Seal (2)	Zoning Clearance	Zoning Clearance	Site Plan Review (5)	Minor Use Permit
Paved (3)	Zoning Clearance	Zoning Clearance	Zoning Clearance	Site Plan Review (5)

 

Notes:

(1)

From the property frontage to the nearest county-maintained road.

(2)

Surface shall be a bituminous seal on base in compliance with Section 36 of the CalTrans standard specifications and in conformance with the width and grade requirements of Section 22.54.020.E.

(3)

Surface shall be asphalt or concrete as specified in the San Luis Obispo Standard Specifications and Improvement Drawings and in conformance with the width and grade requirements of Section 22.54.020.E.

(4)

Greenhouses on an unpaved road shall provide at a minimum, the following, in order to mitigate the air pollution (i.e.: dust) effects created by the use:

a.

A mitigation plan for continuing dust control from the property frontage to the nearest county-maintained road. The plan may be modified to adjust for changed conditions or to improve the effectiveness of the dust reducing technology. The plan and all modifications to the plan are subject to review and approval by the Director.

b.

Evidence of road maintenance provided by the County, state, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

c.

An agreement, to support and not protest:

(1)

The formation of an assessment district or;

(2)

The creation of another funding mechanism.

The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

(5)

Greenhouses on a double chip seal road shall provide, at a minimum, the following in order to guarantee continued maintenance and to mitigate air pollution (i.e.: dust) effects created by the use:

a.

Evidence of road maintenance provided by the County, state, special district, homeowners association or other organized maintenance, such as a road maintenance agreement.

b.

An agreement, to support and not protest:

(1)

the formation of an assessment district or;

(2)

the creation of another funding mechanism.

The consenting person(s) retains all due process rights as to any term or condition that was unknown at the time of application approval. The consenting person(s) may contest the specific proportionality rate or other term or condition of the assessment or funding mechanism.

3.

Minimum site area. 5 acres.

4.

Setbacks. Front - 80 feet; Side and Rear - 100 feet. Side and rear setbacks may be reduced to 50 feet (or as required by the Uniform Building Code, whichever is larger) where solid fencing or landscape screening meeting the standards of Section 22.10.080 is provided, or as otherwise determined by Minor Use Permit or Conditional Use Permit approval.

5.

Design Standards. Greenhouses shall use open ventilation. If exhaust fans are necessary, the fans shall be located away from non-agricultural land uses where feasible, and should maximize energy efficiency. Greenhouses shall be screened at least 50 percent from public roads, unless one of the following conditions exist: (1) screening will create a fire hazard as determined by CDF; (2) screening will restrict provision of the sunlight necessary for the operation of the greenhouse or will affect the certification of the greenhouse; or (3) screening is not possible, practical or feasible due to existing topographic conditions. The screening may include measures such as landscape or existing vegetative screening (to ensure at least 50 percent screening of the structures at plant maturity), berming, and/or arrangement of the structures on the site to minimize bulky appearance. Perimeter access roads on the site of a greenhouse operation within 25 feet of property lines shall have a continuing program for dust control meeting the provisions of Note 4a in Subsection B.

C.

Residential Suburban land use category.

1.

Limitation on use. Nursery specialty operations are limited to outdoor nursery specialties in the Residential Suburban land use category. Greenhouses other than accessory greenhouses (Section 22.30.410.D) are not allowed unless authorized by Conditional Use Permit approval in compliance with Subsection B.2.b. No on-site retail sales are allowed except as provided by Sections 22.30.075 (Agricultural Retail Sales - Residential categories), and 22.30.330.F (Outdoor Retail Sales).

2.

Permit requirement.

a.

Outdoor nursery specialties. No permit required.

b.

Greenhouses. As set forth in Section 22.30.410.D for accessory greenhouses. Conditional Use Permit approval when the total area of greenhouse is larger than that set for an accessory greenhouse in Section 22.30.410.D.

3.

Minimum site area. None for outdoor nursery specialties. To be determined by Conditional Use Permit approval for greenhouse facilities, except accessory greenhouses (see Section 22.30.410.D).

4.

Setbacks. As required by Section 22.30.060 (Agricultural Accessory Structures) for accessory greenhouses; to be determined through Conditional Use Permit approval for other than accessory greenhouse.

D.

Commercial and Industrial land use categories.

1.

Limitation on use. Nursery specialty operations including outdoor nursery specialties, greenhouses and retail sales are allowed in the Commercial Service and Industrial land use categories. Nursery specialty operations are limited to retail sales in the Commercial Retail land use category.

2.

Permit requirement.

a.

Outdoor nursery specialties. No permit required.

b.

Greenhouses. Zoning Clearance approval.

c.

Retail sales. Site Plan Review. Minor Use Permit approval where outdoor sales areas located in a Commercial Retail category do not meet the standards as set forth in Subsection D.5.

3.

Minimum site area. No minimum area.

4.

Setbacks. As required by Section 22.10.140 (Setbacks).

5.

Design standards. Outdoor sales areas of products other than plant materials in the Commercial Retail category shall be located behind commercial structures or at the rear of the lot. Minor Use Permit approval may authorize outdoor retail sales in other locations on the site where such sales area is consistent with surrounding retail development.

E.

Effect on previously established nursery specialties. Where a nursery specialty that was lawfully established prior to October 11, 1994 does not meet the standards of this Section, the permit requirement will be determined by considering only facilities proposed after October 11, 1994. A destroyed nursery specialty lawfully established prior to October 11, 1994 may be restored to its former status, provided that the floor area or the footprint shall not be enlarged or altered from its previous condition.

[Amended 1981, Ord. 2089; 1983, Ord. 2648; 1984, Ord. 2163; 1994, Ord. 2696; 1999, Ord. 2880] [22.08.054]