San Luis Obispo County |
County Code |
Title 22. LAND USE ORDINANCE |
Article 9. PLANNING AREA STANDARDS |
Chapter 22.94. NORTH COUNTY PLANNING AREA |
§ 22.94.082. Land Use Category Standards for the Salinas River Sub-area.
All development and new land uses in the Salinas River Sub-area, as shown in Figure 94-2, shall comply with the following standards, as applicable to each land use category.
A.
Agriculture (AG) Santa Margarita Ranch. The following standards apply only to the area shown in Figure 104-24 within the Agriculture land use category.
1.
Subdivision requirement. All new land divisions that are proposed prior to approval of the Specific Plan required by Subsection A.2 shall cluster the allowed residential density of the Santa Margarita Ranch property ownership shown in Figure 94-36 in compliance with agricultural lands clustering standards of Section 22.22.150. This agricultural clustering division shall reconfigure and/or relocate existing parcels with minimal or no visual impact on Santa Margarita, Garden Farms and Highway 101.
Figure 94-36: Santa Margarita Ranch - Rural
2.
Specific Plan requirement. A Specific Plan shall be prepared in compliance with Government Code Section 65450 for the entire Santa Margarita Ranch as shown in Figure 94-36, for review and approval before an application is approved for any subdivision of land other than the agricultural cluster division that is allowed by Subsection A.1. This restriction shall not apply to lot line adjustments.
A development agreement in compliance with Government Code Section 65864 et seq. that reflects the standards that follow shall be entered into between the ranch owners and the Board in an expeditious manner.
A General Plan amendment to implement the land use designations at the locations shown in the Specific Plan may be filed concurrently with the Specific Plan.
The following principles shall guide the Specific Plan preparation:
a.
Public participation. The public shall be provided opportunities to participate in each component of the Specific Plan process through meetings, written comments, surveys, and other means of dialogue with the applicant and staff.
b.
Resource constraints. Development proposals shall reflect the resource constraints of the Santa Margarita Ranch and the North County region.
c.
Limited development areas. Development area(s) shall be selected from within 1,800 acres consistent with the existing agricultural character of the ranch.
d.
Open space surroundings. Development shall be located with clearly defined edges surrounded by other residential uses, or by open space and agricultural uses which serve as a greenbelt adjacent to the project.
e.
Economic integration. Development shall be designed and operated to be available for a mix of income levels.
f.
Mixed land uses. Development shall be organized to provide a convenient mix of land uses to residents.
g.
Pedestrian orientation. Development shall be located for convenient pedestrian access to potential transit and to neighborhood convenience and civic functions or downtown Santa Margarita.
3.
Specific Plan objectives. The Specific Plan shall be prepared to achieve the following objectives:
a.
Agricultural protection. Identify and avoid development on land capable of supporting viable agricultural operations:
(1)
Identify areas capable of supporting viable agricultural operations, areas where agricultural operations will be marginal and/or not viable, and lands which may best be utilized for other purposes.
(2)
Define buffer standards for agricultural/residential interfaces where needed.
(3)
All of the approximately 900 acres of prime soils (Class I and II) which have access to bedrock aquifers of the Santa Margarita formation shall be protected by permanent agricultural easement(s).
(4)
7,500 acres (totaling 8,400 acres when combined with the land referred to in Subsection A.3) shall be protected for agricultural uses, and watershed protection and management, through the use of permanent agricultural easements (nos. 3 and 4 can comprise eight parcels).
(5)
3,600 acres shall be protected for agricultural uses by placement into a Williamson Act agricultural preserve contract(s) for a 40-year term (no. 5 can be comprised of four or five parcels).
(6)
The remainder of the 1,800 acres described in Subsection A.2.c that is outside areas designated for development and public uses shall be protected for agricultural uses by placement into a Williamson Act agricultural preserve contract(s) for a 40-year term.
b.
Open space preservation and use. Utilize an assessment of open space resources as a primary guide for locating development areas:
(1)
Inventory environmentally sensitive areas that are appropriate to be preserved for open space. Areas with the highest biological sensitivity shall be included in the permanent protection provided as a part of Subsections A.3.a(3) and A.3.a(4).
(2)
Non-structural golf course and other resort uses may be included in open space areas (except a clubhouse and other support buildings).
(3)
Identify areas that are suitable for public parklands and recreation.
(4)
Require measures to permanently protect scenic viewsheds, environmentally sensitive areas, public parklands and recreation areas.
(5)
Conduct a viewshed analysis from public highways and arterial streets to identify areas with ratings and recommendations for a range of open space values, to protect views from Highway 101 and to identify potential impacts to views from other areas.
(6)
Define grazing practices and/or protective barriers to eliminate or minimize cattle access to creeks and vernal pools to restore riparian habitat.
c.
Resource and service capacities. Identify the existing and projected resource and service capacities of the Santa Margarita Ranch for potential development, utilizing relevant environmental documents and additional new information for such site-specific resources as water supply and drainage. Topics for this Subsection include those required for an environmental impact report by the California Environmental Quality Act.
d.
Residential density. Utilizing the documentation in Subsections A.3.a, b. and c., prepare a development program for 500 residential units plus 50 affordable residential units.
The program shall identify thresholds for potential environmental and fiscal impacts on site and regional resources and services at different numbers of residential units or other development. It shall identify points at which certain community benefits, at various degrees of improvement, are warranted and shall be required.
e.
Local employment opportunities. To deter encouraging long-distance commuting, identify local employment opportunities associated with ranch development as well as build-out of the existing commercial and industrial areas. Identify the potential types of commercial, industrial, service and office uses that would be most related to local needs with special emphasis on maintenance and restoration of a viable downtown commercial district.
4.
Specific Plan - Land use categories. The Specific Plan shall identify locations for appropriate land use categories to implement the following concepts:
a.
Agriculture (AG). Reconfiguration of the ranch parcels into locations for ranch and farm operations on properties that are adequately sized to support the long-term economic viability of appropriate types of productive agriculture within ranch resource constraints. The ranch shall be reconfigured into no more than 14 parcels.
b.
Residential uses. Residential areas shall be clustered with the first priority to be an extension of the community of Santa Margarita, or within open space surroundings such as adjacent to park land, agriculture or a golf course.
Clusters shall be oriented to have a small-scale village environment that will encourage social interaction. Traditional town planning principles shall be emphasized, with residences in close proximity to each other, fronting the street.
The residential clusters shall contain a variety of housing types and prices for different economic and age groups.
The location of all residential uses shall be generally south and east of the existing community of Santa Margarita.
Notwithstanding the foregoing, the project may be done as a new village, expansion of the existing community, or both.
c.
Non-residential uses - Optional. In an effort to provide a more balanced community, the following private and public non-residential uses and mitigation measures shall be considered but not required in the Specific Plan:
(1)
A golf course and accessory buildings, clubhouse and incidental cafe.
(2)
A guest ranch and lodge.
(3)
One equestrian center with horse boarding, outdoor show arena, stables and other animal facilities.
(4)
Public parklands dedication to accommodate passive and active recreation areas that are buffered appropriately from residential areas and streets, sized to function as mini-parks, neighborhood, community and regional parks, and community center enhancement.
(5)
Public separated bikeways between Santa Margarita and south Atascadero.
(6)
Depending on the results of the environmental analysis, public improvements may include a community drainage basin upstream from Santa Margarita, local street and/or creek drainage improvements or clean-up; a sewage treatment plant and collection system serving ranch development; community water well and storage tank sites; realignment of Highway 58 diverting traffic around Santa Margarita; El Camino Real Street improvements in Santa Margarita and Garden Farms in addition to other street improvements that are identified in environmental review; and school site dedication(s).
d.
Non-residential uses - Required. The following amenities and mitigation measures shall be required in the Specific Plan.
(1)
Dedication of land within Santa Margarita or five acres elsewhere for a community swimming pool and payment of $500 per approved dwelling unit (up to 500 units) in contribution for construction funding.
(2)
Dedication of land for a potential future sewage treatment facility for the existing community if necessary (up to 10 acres).
(3)
Dedication of five acres for an expansion of the cemetery.
(4)
Dedication of public hiking/equestrian trails connecting and looping between Santa Margarita, Garden Farms, national forest and the ranch boundary;
5.
Specific Plan - Allowable uses. The Specific Plan shall refine the list of allowable land uses in Section 22.06.030 (Allowable Land Uses and Permit Requirements) with more specific types of uses related to the development concepts in Subsection A.4.
6.
Development phasing. The Specific Plan shall contain a phasing plan that relates the major thresholds of development to specific mitigating actions for the following topics:
a.
Project sequence. Location and order of each development project, with criteria to implement each phase consistent with environmental documents and with the residential unit thresholds.
b.
Public improvements. Identify public improvement projects and funding and responsibility for implementation as needed to provide mitigation for each development phase and the cumulative impacts of ranch development.
c.
Agricultural management. Identify the location, size and phase for creation of proposed agricultural parcels and the location and phasing of improvements proposed, if any, to increase opportunities for viable agricultural operations.
d.
Agricultural protection. Timing for implementation of agricultural protection measures that are identified in compliance with Subsections A.3.a(3, 4, 5 and 6).
e.
Resource conservation. Projects to minimize resource usage, such as water conservation, transportation management, riparian habitat protection, and hardwood forest protection and reforestation.
7.
Design guidelines. The Specific Plan shall contain design guidelines that are compatible with local architecture and address the scenic, rural and historic character of the ranch and community.
The Specific Plan shall contain traditional site planning and architectural elements for each development area and show the conceptual location for proposed circulation systems including roads and trails. At minimum, the design guidelines shall, at a conceptual level, also identify road widths and levels of improvement, permitted building heights, minimum lot size, percentage of lot coverage and setbacks from roads or trails within each proposed development area.
B.
Rural Lands (RL). The following standards apply within the Rural Lands land use category.
1.
Santa Margarita Ranch — Application contents. Within the area shown in Figure 94-37, residential Zoning Clearance or other land use permit applications shall demonstrate compliance with the following to minimize the visual impact of development, unless modified by Minor Use Permit or Conditional Use Permit:
(1)
Building height. Maximum building height shall be 25 feet.
(2)
Building color. Building colors other than trim shall be no brighter than 6 in value and chroma on the Munsell color scale, on file in the Department.
(3)
Roofs. Roofs shall be pitched 3:12 or greater, with eave overhangs of one foot or more.
(4)
Landscaping. Drought-tolerant landscaping for residences and residential accessory buildings shall be provided and use trees and large-growing shrubs consistent with fire hazard regulations and the water-conserving landscaping provisions of Chapter 22.16 (Landscaping Standards).
2.
Biaggini Ranch. The following standards apply to the property shown in Figure 94-38.
a.
Density limitation. The maximum density and the number of parcels allowed shall be computed on the basis of one parcel per 160 acres of gross site area.
b.
Primary residence limitation. No more than one primary residence shall be constructed on each parcel.
Figure 94-38: RL - Biaggini Ranch - Rural
C.
Commercial Retail (CR) - Stockdale Road area. The following standards apply within the Commercial Retail land use category on Stockdale Road, as shown in Figure 94-39.
Figure 94-39: CR - Stockdale Road Area - Rural
1.
Limitation on use. Land uses shall be limited to the following:
Animal keeping Outdoor sports and recreation
Bars and night clubs (limited to 60 customer seats) Pipelines and transmission lines
Caretaker residence Public safety facilities
Convenience and liquor stores (limited to 2,000 square feet) Public utility facilities
Crop production and grazing Recycling collection stations
Food and beverage products manufacturing Residential accessory uses
General retail (limited to 2,000 square feet) Restaurants (limited to 60 customer seats)
Grocery stores (limited to 1,500 square feet) Small scale manufacturing
Mail order and vending Vehicle storage
Offices, temporary 2.
Permit requirement. Minor Use Permit approval is required for any new use and any expanded use that increases use area more than 10 percent, unless a Conditional Use Permit is otherwise required by this Title.
3.
Development intensity and standards. Land use permit applications shall include a traffic study, and shall comply with Subsections D.4, and D.7 through D.15 for the Wellsona Road area in the Commercial Service category.
D.
Commercial Service (CS) - Wellsona Road area. The following standards apply within the Commercial Service category from the vicinity of the intersection of Highway 101 and Wellsona Road to the Exline Road intersection with the highway, as shown in Figure 94-40.
1.
Limitation on use - Wellsona Road area. Allowable land uses on the Wellsona Road properties shown in Figure 94-40 are limited to:
Agriculture accessory structures
Bars and night clubs
Bed and breakfast inns
Cannabis testing facilities
Cannabis distribution facilities
Cannabis processing facilities
Cannabis transport facilities
Caretaker residences
Concrete, gypsum and plaster products
Construction contractors
Convenience and liquor stores (maximum gross floor area of 2,000 square feet)
Crop production and grazing
Energy-generating facilities (limited to renewable energy facilities)
Existing motorcycle dealers
Gas stations
General retail (limited to gifts, novelties, souvenirs, and antiques)
Grocery stores (maximum gross floor area of 5,000 square feet)
Hotels, motels if associated with truck stops as uses
Mail order and vending
Personal services
Public safety facilities
Recreational Vehicle Parks
Recycling and scrap
Recycling collection stations
Residential accessory use
Restaurants
Small scale manufacturing
Stone and cut stone products
Storage, accessory
Storage yards
Temporary offices
Transmission facilities
Truck stops
Vehicle and freight terminals
Vehicle retail sales (limited to Class A trucks only, no passenger cars or light trucks)
Vehicle service and repair (limited to Class A trucks only, no passenger cars or light trucks
Vehicle storage
Warehousing
Wholesaling and distribution
2.
Limitation on use - Other Commercial Service properties. Land uses shall be limited to the following for other Commercial Service properties shown in Figure 94-40. Retail sales are limited only to the incidental sale of goods produced, assembled or manufactured on the site. All other sales shall be wholesale to other businesses only.
Ag accessory structures
Cannabis distribution facilities
Cannabis transport facilities
Cannabis processing facilities
Caretaker residence
Concrete, gypsum and plaster products
Construction contractors
Crop production and grazing
Energy-generating facilities (limited to renewable energy facilities)
Existing motorcycle dealers
Public safety facilities
Recreational vehicle parks are also an allowable use on a property at Exline and Stockdale Roads, as shown in Figure 94-41.
Recycling and scrap
Recycling collection stations
Residential accessory uses
Small scale manufacturing
Stone and cut stone products
Storage, accessory
Storage yards
Temporary offices
Transmission facilities
Vehicle and freight terminals
Vehicle storage
Warehousing
Wholesaling and distribution
Figure 94-40: CS - Wellsona Road Area - Rural
Figure 94-41: CS - Exline and Stockdale Roads
3.
Permit requirement. Minor Use Permit approval is required for all new uses, or expanded uses that increase use area more than 10 percent, unless a Conditional Use Permit is otherwise required by this Title.
4.
Development limitation. The Minor Use Permit or Conditional Use Permit shall include a traffic study showing existing and projected traffic volumes at all Highway 101 intersections shown in Figure 94-40, including the proposed development and other development that is approved but not yet constructed in the study area. Those figures shall be compared to the threshold volume of 2,300 trips per day for either side of each intersection (per the Final Environmental Impact Report for the Moe and Dotson General Plan Amendments, ED 85-195 and 85-223). A traffic study shall not be required if the Environmental Coordinator determines that it would be unnecessary for the proposed scale of development.
a.
Development may be permitted within the Wellsona Road area shown in Figure 94-40 to the extent that:
(1)
Existing traffic;
(2)
Plus traffic to be generated from any filed and accepted Conditional Use Permit applications;
(3)
Plus traffic to be generated from approved but unbuilt development applications in the vicinity;
(4)
Plus project-generated traffic, do not exceed the threshold volume of 2,300 trips per day on either side of each of the Highway 101 intersections.
b.
When any Highway 101 intersection shown in Figure 94-40 reaches the threshold traffic volume described in Subsection D.4.a, no further development shall occur for that intersection in the Commercial Service category until construction of the needed interchange improvements described in the EIR are funded and programmed.
5.
Offer of dedication. Development on the parcel located at the southeast corner of Highway 101 and Wellsona Road, as shown in Figure 94-42, requires that approximately three acres needed for a loop interchange (as described in the EIR referenced in Subsection D.4) shall be offered for dedication. The offer shall not be accepted until the Highway 101/Wellsona interchange is programmed for construction. The value of the property offered for dedication shall be credited against any future assessment district fees or other funding mechanisms for the interchange improvements.
Figure 94-42: Wellsona-Dotson Interchange
6.
Development intensity. The ratio of gross floor area (exclusive of parking and non-structural development) to net site area shall be limited in reference to the following slope gradients. The coverage ratio of all use areas (including buildings, parking and outdoor use areas) to the net site area shall be no more than the following:
Slope Gradient
Floor Area Ratio Site Coverage Ratio 0 - 15%
0.40 0.65 15 - 25%
0.20 0.30 More than 25%
0.05 0.10 7.
Minimum parcel size. The minimum parcel size for new land divisions is five acres.
8.
Minimum frontage width. For new subdivisions, the minimum lot width at the frontage on any street or road is 300 feet.
9.
Site access. Access to each site from any street or road shall be at a single point or driveway and shall be shared between properties if feasible given existing terrain and vegetation, as shown in Figure 94-43. Where a creek or arroyo divides a site, an additional access point to the road may be provided to reduce impacts to the creek. Access shall be provided between sites for pedestrian and vehicle movement to reduce traffic conflicts on the road, as shown in Figure 94-43.
Figure 94-43: Site Access Concepts
10.
Setbacks.
a.
Landscaping setback. A landscaped buffer shall be located in the following setbacks, in which no use areas, including building, parking or outdoor use, are allowed:
Location
Minimum Setback for Landscaping Front
40 ft Side
20 ft Rear
20 ft Setback areas shall be fully landscaped for an attractive natural appearance. Trees shall be planted in groups at a density of two trees for every 25 feet of frontage, and in a continuous canopy at a density of one tree for every 25 feet of side or rear yards. A combination of trees and shrubs shall be used to provide at least 50 percent screening in front, and full screening in side and rear yards if visible from Highway 101. Plant material shall be a mix of evergreen and non-evergreen species. Tree species shall be selected that will achieve heights equal to or greater than the heights of project buildings.
Within setbacks that separate the roadway from parking or outdoor use areas, a berm shall be constructed to aid in screening parking or outdoor uses. The berm shall not conflict with native vegetation and have a slope no steeper than 3 to 1. Height of the berm shall be at least three feet, which may necessitate a wider setback than prescribed above on some topography.
b.
Building setback. The required setbacks for structures are in relation to their height and location on the site, in order to scale development back from view of Highway 101 and adjacent residential properties, as follows:
Minimum Setback from Property Line Based on Building Height
Setback Building Height
16 Feet or Less More Than 16 Feet Front 70
100
Side 40
70
Rear 60
80
Figure 94-44 illustrates the front setbacks as an example of both the landscaping and building setbacks.
Figure 94-44: Front Setbacks Illustration
c.
Creek/arroyo setback. All development shall be set back at least 20 feet from the bank of any creek, arroyo or drainage swale.
11.
Height limitation. The maximum height for structures is 25 feet if parapet walls are used, and 30 feet if pitched roof lines are used, as illustrated in Figure 94-45.
Figure 94-45: Building Heights
12.
Building color. Building color shall be in harmony with surrounding natural colors, be greater than or equal to 4 in value, and no brighter than 6 in chroma on the munsell color scale on file at the Department. Trim colors shall be complementary to wall colors (not contrasting), and shall comprise no more than five percent of any wall surface.
13.
Sign limitation. Free-standing signs are limited to a height of 12 feet. Freeway identification signs, as identified in Chapter 22.20, are not allowed.
14.
Building design. Architecture shall be responsive to the need to minimize building massing as seen from Highway 101 and from adjacent residential properties.
a.
Massing. Building walls and height shall be varied to avoid a "boxy" appearance and to transition from ground level to the top of the walls using canopies, porches, arcades or awnings.
b.
Orientation. Buildings will be oriented so that customer entrances face the front or side, and bay doors do not face the road or Highway 101, as illustrated in Figure 94-46.
Figure 94-46: Building Orientation
c.
Windows. The major entry facade shall be 30 percent transparent, but no more than 50 percent of any facade may be glass or reflective material.
d.
Materials. Non-reflective materials shall be utilized. Primary wall material should be stucco, wood or anodized painted metal. Particular attention should be given to trim and accent materials that include wood, brick, split masonry block, river rock or unglazed tile. Materials such as unpainted metal, unfinished or painted concrete block, unfinished concrete "tilt-up" construction, or box-like pre-fabricated metal structures are not appropriate.
15.
Fencing. Fencing materials shall include wood, wood-appearing concrete, finished (stuccoed) or split-face masonry block. Solid fencing locations on sides and rear of a site shall be within the landscaped setback required by Subsection D.10.a as illustrated in Figure 94-47, or open fencing may be located on side and rear property lines outside of the required landscaping.
Figure 94-47: Fencing Location
E.
Industrial (IND). The following standards apply within the Industrial land use category located at Wellsona Road east of Highway 101 as shown in Figure 94-48.
Figure 94-48: IND - Wellsona Road Area - Rural
1.
Limitation on use. Land uses shall be limited to fuel dealers and those listed in Table 2-2, Section 22.06.030 within the Manufacturing and Processing group as allowable, permitted, or conditional in the Industrial land use category. Retail trade uses are only allowed incidental to the manufacture, assembly or processing of products on the same site.
2.
Permit requirement. Minor Use Permit approval is required for all proposed uses, unless a Conditional Use Permit is otherwise required by this Title.
F.
Recreation (REC) - Cerro Alto area - Limitation on use. Land uses shall be limited to the following in the Recreation category on Highway 41 shown in Figure 94-49, in compliance with the land use permit requirements of Section 22.06.030.
Figure 94-49: REC - Highway 41 - Cerro Alto Area
Caretaker residence Pipelines and transmission lines General retail (no more than 1,500 square feet) Restaurant Grocery stores (no more than 1,500 square feet) G.
Residential Rural (RR). The following standards apply within the Residential Rural land use category.
1.
North of 10th Street, west of Highway 101, San Miguel - Minimum parcel size. For the lands comprising Parcel Map CO84-0143, as shown in Figure 94-50 and recorded with the County Clerk-Recorder in Book 35, Page 77 of Parcel Maps,, the maximum number of lots shall be computed on the basis of one residential lot per 15 acres of gross site area unless Chapter 22.22 would otherwise require larger sizes.
Figure 94-50: RR - North of 10th Street, West of 101 - Rural
2.
Wellsona Road area - Minimum parcel size and residential density. The maximum density and the number of residential lots allowed on the land north of Wellsona Road and west of Highway 101, as shown in Figure 94-51, shall be computed on the basis of one residential lot and single-family dwelling per 10 acres of gross site area.
Figure 94-51: RR - Wellsona Road Area - Rural
3.
Stockdale Road area - Subdivision requirement. On the land west of Stockdale Road, north of Paso Robles shown in Figure 94-52, land divisions creating residential parcels shall be clustered in compliance with Section 22.22.140. Permanent open space shall include but not be limited to prime agricultural soil areas.
Figure 94-52: RR - Stockdale Road Area - Rural
4.
Spanish Camp Area. The following standards apply only to the area south of Charolais Road, east of Highway 101, as shown in Figure 94-53.
Figure 94-53: RR - Spanish Camp Area - Rural
a.
Limitation on use - Spanish Camp area. Land uses shall be limited to the following, in compliance with the land use permit requirements of Section 22.06.030: agricultural accessory structures; cannabis cultivation; cannabis dispensaries; cannabis transport facilities; crop production and grazing; caretaker residence; animal keeping; energy-generating facilities (limited to renewable energy facilities); home occupations; residential accessory uses; single-family dwellings; storage accessory; temporary construction yards.
b.
Access - Spanish Camp area. Wherever possible, land divisions shall use existing roads for access, and combine driveways adjacent to Creston and South River Roads where feasible based upon terrain and safe sight distance.
5.
Almira Park area. Allowable land uses within the Almira Park area as shown in Figure 94-54 are limited to agricultural accessory structures; crop production and grazing; caretaker residences; cannabis cultivation; cannabis dispensaries; cannabis transport facilities; animal keeping; energy-generating facilities (limited to renewable energy facilities); home occupations; residential accessory uses; single-family dwellings; storage accessory; temporary construction yards; and bed and breakfast inns.
Figure 94-54: RR - Almira Park Area - Rural
a.
Design standards for secondary dwellings. Secondary dwellings proposed within the Almira Park area as shown in Figure 94-54 shall comply with the following design standards.
(1)
Secondary dwellings shall be subject to all standards set forth in Section 22.30.470 in addition to the following standards, except where Subsection 22.30.470F.3 would allow the Review Authority to approve alternatives to Subsection 22.30.470C.2, no alternatives shall be allowed.
(2)
Driveway consolidation. The primary and secondary dwellings shall use combined driveways, where feasible, based upon terrain and safe sight distance.
(3)
Tree protection/Vegetation Removal. Avoid native vegetation removal. Where vegetation removal can not be avoided then removal shall be minimized. No removal of trees having a diameter of more than eight inches at four feet above grade shall occur.
(4)
Aesthetics. All development shall visually blend with the existing topography, including minimization of grading and design of the secondary dwelling unit so that it does not silhouette against the sky. Development shall be sensitive to the character of the area and shall protect public viewsheds. Structures shall be located away from exposed ridges or hilltops to areas of minimum visibility. Existing vegetation, topographic features and landscaping shall be used to screen the visibility of development. Exterior colors be muted, earthtone shades, and shall not have a Munsell chroma or value greater than six. Building height shall not exceed 25 feet above average natural grade.
(5)
Slope. No development, including new access roads and driveways, shall be permitted on slopes steeper than 15 percent. Alteration of land forms shall be minimized. Locate development to minimize grading for residences and access roads. An erosion control and drainage plan in compliance with Chapter 22.52, and landscaping plan, emphasizing vegetation to stabilize and screen all visible cut and fill slopes, shall be submitted at time of application for a construction or land use permit. Adequate erosion and sedimentation control measures shall be implemented during grading and construction.
(6)
Riparian protection. The second dwelling on the site shall be set back a minimum of 30 feet from the top of the bank of any watercourse, as defined in the Land Use Ordinance, or outside the dripline of riparian vegetation, whichever distance is greater.
(7)
Noise exposure. A noise study shall be submitted at time of application for a construction permit for the second dwelling on the site if the site is located within 1,000 feet of Highway 101, unless an existing intervening landform is located between the residence and the highway.
(8)
Water conservation. Water conservation measures shall be incorporated into the design and operation of the second dwelling on the site in accordance with Chapter 22.16 (Water efficient landscaping methods) and Chapter 19.20 (Water conservation provisions) of the County Code.
(9)
Road Fees. Evidence shall be submitted at the time of application for a construction permit for the second dwelling on the site, that all applicable City of Paso Robles road fees have been paid to the City of Paso Robles.
(10)
Air Quality. Evidence shall be submitted at the time of application for a construction permit for the second dwelling on the site, that an agreement has been entered into between the applicant and the Air Pollution Control District that prohibits backyard burning.
(11)
Energy Efficiency. Construction plans for the second dwelling on the site shall incorporate measures to increase the building energy efficiency rating by 10 percent above what is required by Title 24 requirements.
6.
Kiler Canyon Road, Highway 46 West, and Vineyard Drive Areas - Minimum parcel size and residential density. The maximum density and the number of residential lots allowed shall be computed on the basis of one residential lot and single-family dwelling per 10 acres of gross site area, on the following properties:
a.
The Kiler Canyon Road area shown in Figure 94-55.
Figure 94-55: RR - Kiler Canyon Road Area - Rural
b.
The area north and south of Highway 46 West near Classen Ranch Lane, Twelve Oaks Drive, and Arbor Road area shown in Figure 94-56. This area includes the land comprising the following subdivision maps, on file with the County Clerk-Recorder:
(1)
Parcel Map CO84-0031, recorded in Book 44, Page 11 of Parcel Maps.
(2)
Parcel Map CO85-0057, recorded in Book 48, Page 61 of Parcel Maps.
(3)
Parcel Map CO88-0077, recorded in Book 45, Page 99 of Parcel Maps.
(4)
Parcel Map CO89-0145, recorded in Book 46, Page 86 of Parcel Maps.
(5)
Parcel Map CO91-0231, recorded in Book 57, Page 5 of Parcel Maps.
(6)
Parcel Map CO93-0044, recorded in Book 50, Page 97 of Parcel Maps.
(7)
Tract Map 1464, recorded in Book 14, Page 83 of Maps.
Figure 94-56: RR - Highway 46, West of 101 - Rural
c.
The 44-acre area on Vineyard Drive shown in Figure 94-57. This area is comprised of the land shown in Parcel Map CO 86-0239, on file with the County Clerk-Recorder in Book 48, Page 17 of Parcel Maps.
Figure 94-57: RR - Vineyard Drive -Rural
7.
Paso Robles Creek area. Within the Paso Robles Creek area shown in Figure 94-58, open space dedications shall be retained in perpetuity and no further subdivision shall be permitted. Residential density has been transferred to this area through the Transfer of Development Credits program, and legal lots have been established through the recordation of the following maps, on file with the County Clerk-Recorder:
a.
Tract 2365, recorded in Book 19, Page 93 of Maps.
b.
Tract 2423, recorded in Book 21, Page 5 of Maps.
Figure 94-58: RR - Paso Robles Creek - Rural
8.
Tassajara Canyon. The following standards apply only to Tassajara Canyon as shown in Figure 94-59.
Figure 94-59: RR - Tassajara Canyon - Rural
a.
Limitation on creek crossings. New land divisions proposing lots that require crossing Tassajara Creek shall be designed using a single creek crossing for access to the proposed parcels.
b.
Permit requirement. Proposed methods and locations of proposed crossings of Tassajara Creek shall be approved by the California Department of Fish and Game.
c.
Stream protection. Channelization, culverts or major alterations which may adversely affect the stream bed or course or cause siltation of the creek through grading are prohibited.
H.
Residential Suburban (RS). The following standards apply within the Residential Suburban land use category as shown in Figure 94-60.
1.
Minimum parcel size - Atascadero Colony. For new land divisions the maximum number of residential lots allowed shall be computed on the basis of one lot per a minimum parcel size of 2 ½ acres, unless Chapter 22.22 would otherwise require larger parcel sizes
2.
Driveway consolidation. Shared driveways are encouraged between parcels for access to individual residences to minimize the number of access points to the street.
Figure 94-60: RS - South Atascadero - Rural
[Amended 1990, Ord. 2443; 1996, Ord. 2776; 2003, 3013; 2004, Ord. 3054; 2014, Ord. 3256; 2017, Ord. 3588; 2018, Ord. 3376; 2018, Ord. 3377]