§ 22.96.050. Land Use Category Standards.

All development and new land uses shall comply with the following standards, as applicable to each land use category.

A.

Agriculture (AG). The following standards apply within the Agriculture land use category.

1.

O'Connor Way/West Foothill Area. The following standards apply to development projects that are accepted as complete for processing after September 20, 2002 and only to lands within the Agricultural land use category in the O'Connor Way/West Foothill Area, as shown in Figure 96-8.

Guideline: Development should be designed to blend with the existing rural development and preserve the rural and agrarian character of the area.

a.

Limitation on Use. Uses identified in Table 2-2 as "A" allowable, "P" permitted, or a conditional use "MUP" or "CUP are limited to: agricultural accessory structures; agricultural processing; airfields and landing strips; animal raising and keeping; bed and breakfast facilities; caretaker residence; churches; communications facilities; cannabis cultivation; cannabis nurseries; cannabis processing facilities; cannabis manufacturing; cannabis dispensaries; cannabis transport facilities; crop production and grazing; energy-generating facilities; (solar electric facilities and wind energy conversion systems only); farm equipment and supplies; farm support quarters; fisheries and game preserves; food and kindred products; forestry; home occupations; libraries and museums; membership organization facilities; mining; mobile homes; nursery specialties; offices, temporary; outdoor retail sales; petroleum extraction; pipelines and transmission lines; public safety facilities; public utility facilities; residential accessory uses; residential care (for 6 or fewer); roadside stands; rural recreation and camping; schools-specialized education and training; single-family dwellings; small scale manufacturing; specialized animal facilities; storage accessory; temporary construction trailer parks; temporary construction yards; temporary dwelling; temporary events; warehousing; and wholesaling and distribution.

Figure 96-8 O'Connor Way

B.

Rural Lands (RL). The following standards apply within the Rural Lands land use category.

1.

Irish Hills - Limitation on use. Land uses within the Irish Hills (see Figure 96-9) shall be limited to the following, in compliance with the land use permit requirements of Section 22.06.030: ag accessory structures; animal facilities; cannabis cultivation; cannabis dispensaries; cannabis nurseries; cannabis processing facilities; cannabis transport facilities; crop production and grazing; nursery specialties; energy-generating facilities; (limited to renewable energy facilities); communications facilities; animal keeping; residential accessory uses; single-family dwellings; mobile homes; temporary dwellings; roadside stands; outdoor retail sales; accessory storage; pipelines and transmission lines.

Figure 96-9: Irish Hills Area

2.

San Luis Obispo Sub-area - Limitation on use. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional in the Rural Lands land use category within the San Luis Obispo Sub-area (as shown in Figure 96-1) may be authorized in compliance with the land use permit requirements of that Section, except residential care, correctional institutions, and uses listed by Table 2-2, Section 22.06.030 in the Industry, Manufacturing and Processing use group.

C.

Industrial (IND) - Edna and Buckley Roads - Limitation on use. Land uses on the shaded parcel within the Industrial land use category shown in Figure 96-10 shall be limited to construction contractors, caretaker residences and storage yards (sales lots prohibited).

Figure 96-10: Industrial parcel at Edna and Buckley Roads

D.

Public Facilities (PF) - County Office of Education. The following standards apply to the site of the County Office of Education located on Highway 1.

1.

Permit requirement. Minor Use Permit approval is required for all new development unless Articles 4 or 5 of this Title would otherwise require Conditional Use Permit approval.

2.

Location criteria. New development shall be located north of Pennington Creek, out of view from Highway 1.

E.

Residential Rural (RR). The following standards apply within the Residential Rural land use category.

1.

San Luis Obispo Sub-area - New land divisions. New land divisions in the San Luis Obispo Sub-area, as shown in Figure 96-1, are subject to the following requirements:

a.

Driveways. New land divisions shall include, where possible, design provisions for combining driveways and private access roads serving proposed parcels wherever terrain and adequate sight distance on the public road allow.

b.

Parcel size. The minimum parcel size for new land divisions shall be 10 acres unless a larger minimum size would otherwise be required by Chapter 22.22.

2.

O'Connor Way/West Foothill Area. The following standards apply to development projects that are accepted as complete for processing after September 20, 2002 and only to lands within the Residential Rural land use category in the O'Connor Way/West Foothill Area, as shown in Figure 96-8.

Guideline: Development should be designed to blend with the existing rural development and preserve the rural and agrarian character of the area.

a.

Limitation on Use. Uses identified in Table 2-2 as "A" allowable, "P" permitted, or a conditional use "MUP" or "CUP are limited to: agricultural accessory structures; animal raising and keeping; bed and breakfast facilities; caretaker residence; cemeteries and columbaria; churches; communications facilities; cannabis cultivation; cannabis dispensaries; cannabis nurseries; cannabis transport facilities; crop production and grazing; energy-generating facilities; (solar electric facilities and wind energy conversion systems only); farm equipment and supplies; farm support quarters; fisheries and game preserves; food and kindred products; forestry; home occupations; libraries and museums; membership organization facilities; mining; mobile homes; nursery specialties; offices, temporary; outdoor retail sales; petroleum extraction; pipelines and transmission lines; public safety facilities; public utility facilities; residential accessory uses; residential care (for 6 or fewer); roadside stands; rural recreation and camping; schools-specialized education and training; single-family dwellings; small scale manufacturing; specialized animal facilities; storage accessory; temporary construction trailer parks; temporary construction yards; temporary dwelling; temporary events; warehousing; and wholesaling and distribution.

b.

Water Supply. At the time of non-residential discretionary land use permit or land division application, a detailed hydro-geologic analysis prepared by a qualified individual shall be submitted. The analysis shall be prepared to determine long-term water availability and potential impacts of proposed development on existing nearby wells.

c.

Traffic Report. At the time of non-residential discretionary land use permit or land division application, a traffic report shall be submitted. The report shall include, but not be limited to, how the proposed project would not reduce the Level of Service (LOS) on local roadways or the intersection of Foothill Road/O'Connor Way below LOS C.

d.

Drainage. All drainage from future development shall be detained in a drainage basin on the property, or an offsite location approved by County Public Works.

e.

Nursery Specialties and Agricultural Accessory Structure. Building size shall be limited to 5,000 square feet of total cumulative floor area unless a larger structure is approved with a Minor Use Permit.

f.

Lighting. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from any location off the project site. All lighting poles, fixtures, and hoods shall be dark colored. No exterior lighting shall be installed operated in a manner that would throw light, either reflected or directly, in an upward direction.

g.

Sign Height. All internally illuminated or externally lighted signs shall be a maximum of six feet in height.

3.

West of Bear Valley Estates (Tract 502). The following standards apply only to the parcel located west of Tract 502 as shown in Figure 96-11.

Figure 96-11: Residential Rural Category Land West of Bear Valley Estates

a.

Limitation on use. Land uses shall be limited to agricultural accessory structures, animal keeping, cannabis cultivation, cannabis dispensaries, cannabis transport facilities, crop production and grazing, and energy-generating facilities (limited to renewable energy facilities).

b.

Open space preservation. Prior to or concurrent with establishment of the approximately 18-acre site as a legal parcel either through a land division or lot line adjustment, an open space easement shall be recorded over the entire site. The open space easement shall specify that only agricultural uses shall be permitted in perpetuity.

c.

Access. Any needed access shall be taken from Valle Vista Place.

4.

Bishop Peak Ranch. The following standards apply only to property shown in Figure 96-12, which includes a portion of Bishop Peak.

Figure 96-12: Residential Rural Category Bishop Peak Properties

a.

Residential density. The maximum allowable residential density (including secondary dwellings) shall be as follows:

(1)

The number of dwellings allowable without a cluster division shall be as provided by Chapter 22.22.

(2)

The number of dwellings allowable through a cluster division shall be no more than one dwelling per 12 acres, up to a maximum of 21 dwellings for the entire property, except as provided by Subsection E.4.a(3).

(3)

If a portion of the property is purchased by a public or non-profit organization approved by the County for provision of open space, the number of dwellings allowable through a cluster division shall be no more than one dwelling per 10 acres, up to a maximum of 17 dwellings.

b.

Locations for dwellings. New residential development shall be located to the maximum extent feasible in portions of the property subject to low to moderate biological, geological, visual and slope constraints as shown in the report Preliminary Constraints Analysis, Bunnell Property, dated August 21, 1995.

5.

Serpa Ranch.

a.

Residential density. The maximum allowable residential density for each parcel shown in Figure 96-13 less than 20 acres in size is one single-family dwelling, except that a secondary dwelling is allowable if it was legally established prior to December 10, 1996.

b.

Land division. At the time of application for subdivision within the area designated "A", as shown in Figure 96-13, the applicant shall provide an archaeological surface survey, conducted by a qualified archaeologist approved by the Environmental Coordinator, which assesses the potential impacts of all ground disturbing activities (e.g. access roads, driveways, residences, utility trenches). The applicant shall implement the recommendations of the archaeologist, as required by the Environmental Coordinator.

Figure 96-13: Residential Rural category land known as the Serpa Ranch

6.

Parcel Size - See Canyon (A). The minimum parcel size for new land divisions in the Residential Rural land use category located in See Canyon (A) (see Figure 96-14) is 10 acres.

Figure 96-14: See Canyon Areas A, B and C

7.

Standards - See Canyon (B). The following standards apply to development and division of Parcels 1-3 of Parcel Map CO 96-0085 as shown on Figure 96-14 as See Canyon (B).

a.

Building envelopes. Designated building envelope(s) shall be required for each allowable lot. The building envelope(s) shall be located outside of the oak and chaparral covered slopes and environmentally sensitive areas, so as to minimize the following types of impacts: oak tree and other vegetation removal, topographic alteration (for both access roads and building sites), and visual impacts. The building envelope(s) shall not extend beyond the existing grassland/pasture area.

b.

Riparian setbacks. The designated building envelope(s) shall be at least 50 feet from the edge of the riparian corridor. The only activities allowed within 50 feet of the edge of the riparian corridor are those related to approved erosion control, necessary access and revegetation.

c.

Water supply. The Tentative Map application shall include evidence that adequate water is available on the site(s), including a static and recovery pump test that shows an adequate recovery time for each well proposed to serve the land division. If a shared well is used to serve the proposed parcels, an agreement shall be recorded that specifies each parcel's right to the water.

8.

Maximum density - CO 82-040, Parcels 1 and 3. (See Site "C" in Figure 96-14). The maximum allowable density for new land divisions shall be one unit per five acres (no secondary units shall be allowed), unless Chapter 22.22 would otherwise require a larger minimum parcel size. The allowable lots shall be clustered outside of environmentally sensitive areas in compliance with Section 22.22.140 (Cluster Division), or if clustering is not used, building sites shall be located in the least environmentally sensitive areas consistent with an environmental constraints analysis and previously approved building sites. Future parcels or building sites shall be designed to use combined access with the existing access from See Canyon Road and shall also minimize the following types of impacts: wastewater disposal, water availability, oak tree removal, visual impacts (including landscape screening), topographic alteration and archeological resources.

9.

Monte Road—North. The following standards apply to the site as shown in Figure 96-15 as Monte Road area A and B.

Figure 96-15: Monte Road Area—North

a.

Residential development. Residential development shall comply with the following requirements:

(1)

Residential density. The maximum residential density for each parcel less than 80 acres in size is one single-family residence. Secondary units shall be prohibited on any parcel less than 80 acres in size.

(2)

Elevation. Residential development, including structures, grading, and other improvements, shall occur entirely below the 200-foot elevation contour.

(3)

Agricultural buffer. A minimum agricultural buffer of 200 feet as measured from the Monte Road right-of-way line shall be established. No habitable residential development shall occur within the buffer zone.

(4)

Watercourse setback. A watercourse setback of 50 feet from top-of-bank and/or extent of riparian vegetation, whichever is more restrictive, shall be required.

(5)

Exterior colors. Residences shall use dark, muted, earth-toned colors for all exteriors, including roofing. Colors must have a value and chroma of less than 6 on the Munsell scale. Applicants shall submit a colors and materials board with any application for construction or land use permits.

(6)

Height. Residential and residential accessory structures shall be limited to a maximum height of 25 feet above average natural grade.

(7)

Roofing. Building architecture shall include hip roofs with a minimum pitch of 3:12.

(8)

Overhangs. Building architecture shall include deep overhangs for any elevation visible from Highway 101.

(9)

Lighting. All exterior lighting fixtures visible from Highway 101 shall be dark sky certified or equivalent.

(10)

Erosion control. An erosion and sedimentation control plan shall be prepared prior to any proposed site work. The erosion and sedimentation control plan shall comply with the required contents and standards in Chapter 22.52 of the Land Use Ordinance.

(11)

Drainage plan. Land use permit, subdivision, construction, and grading permit applications shall include a drainage plan in compliance with Chapter 22.52 of the Land Use Ordinance. All future construction shall be in conformance with the San Luis Obispo Creek Watershed Drainage and Design Manual.

(12)

Habitat assessment. Prior to any site disturbance, a qualified biologist shall conduct a habitat assessment of the watercourses on the project site, in accordance with County and Department of Fish and Game protocol, to determine if California red-legged frog (CRLF) or southwestern pond turtle (SWPT) exist on the site. If these species do not exist on the site, no further study needs to be undertaken. BR-7. If CRLF and/or SWPT exist(s) on site, the applicant and the project biologist shall consult with the California Department of Fish and Game (CDFG) and/or the US Fish and Wildlife (USFWS), as applicable, prior to site disturbance to determine appropriate measures to be undertaken in order to ensure significant impacts will not occur. At a minimum, the following measures shall occur:

(a)

The project biologist shall demonstrate that they are qualified to conduct the appropriate biological work to the satisfaction of the Department of Fish and Game and/or the US Fish and Wildlife Service (as applicable).

(b)

The approved biologist shall conduct a training session for all construction personnel prior to commencement of site disturbance. At a minimum, the training shall include a description of the CRLF and/or SWPT and their habitat, the specific measures that are being implemented to conserve the CRLF and/or SWPT for the current project, and the boundaries where site disturbance may occur.

(c)

The project biologist shall have the authority to stop work or redirect work to occur in areas that will not disturb the individual(s), or to relocate the individual(s) pursuant to USFWS/CDFG guidelines.

(d)

The approved biologist shall be present at the work site until all CRLF/SWPT have been removed, workers have been instructed, and disturbance of habitat has been completed.

(e)

During construction/ground disturbing activities, all trash that may attract CRLF and/or SWPT predators will be properly contained, removed from the work site, and disposed of regularly. Prior to occupancy or final inspection, whichever occurs first, all trash and construction debris will be removed from work areas.

(f)

During construction/ground disturbing activities, all refueling, maintenance, and staging of equipment and vehicles shall occur at least 100 feet from riparian habitat or water bodies and in a location where a spill would could not drain directly toward aquatic habitat.

(13)

Permits. Prior to site disturbance, the applicant shall demonstrate to the County that they have obtained any and all necessary permits from the California Department of Fish and Game and the US Fish and Wildlife Service, or demonstrate that such permits are not necessary.

b.

Use restriction - Area B. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional uses in the RR land use category may be authorized in compliance with the land use permit requirements of that section, except that such uses in Area B (Figure 106-7) shall be limited to: crop production and grazing, and pipelines and transmission lines.

c.

New land divisions.

(1)

The minimum parcel size shall be 40 acres.

(2)

Subdivision of Area A (Figure 106-7) shall require the granting of an open space easement covering at least 85 percent of the site. The open space easement agreement shall include the following restrictions:

(a)

Prohibition on grazing and/or crop production within the open space easement area.

(b)

Prohibition on planting of ornamental vegetation within the open space easement area.

(c)

Requirement that development of new water sources and systems within the open space easement area be done in such a manner as to avoid any impact to or removal of oaks and/or manzanitas.

(3)

Building envelopes for subdivision of Area A (Figure 106-7) shall be established in an area with average slopes of less than 30 percent.

(4)

Subdivision of Area A (Figure 106-7) shall comply with the mitigation agreement recorded as Instrument 1997-071413 of Official Records, and any subsequent mitigation agreements that supersede or amend this agreement. The applicant shall enter into a mitigation agreement with the County of San Luis Obispo, reaffirming the measures identified in Instrument 1997-071413. The new mitigation agreement shall also incorporate all applicable planning area standards identified in Subsections D.5.a and D.5.c.

10.

Monte Road - South. The following standards apply to the site as shown in Figure 96.15.5 as Monte Road.

a.

Parcel Size. The minimum parcel size for new land division in Monte Road South shall be 5 acres. No more than two parcels shall be allowed in any subsequent subdivision on the 16.74 acre parcel.

b.

Density limitation. Residential density in Monte Road South area shall be limited to a maximum of one primary single family residence for each 5 acre parcel. No secondary residences shall be allowed.

Figure 96-15.5: Monte Road South

10.

Tiburon Way. The following standard applies to the site as shown in Figure 96-16.

Figure 96-16: Tiburon Way

a.

Land division and Land use applications. Subdivision and/or residential development shall comply with the following requirements:

(1)

Biological Report Required. At the time of application of any land division or development of the project site, the applicant shall assess the impact of the proposed land division or development on native species and habitat diversity, including special-status species (e.g. Pismo clarkia), sensitive natural communities, wetlands, and important wildlife nursery areas and movement corridors. A Biological Report will be required to be submitted for a subdivision and/or any development on the property to be reviewed and approved by the Planning Department. Recommendations outlined I n the report shall be applied to the proposed project.

F.

Residential Suburban (RS). The following standards apply within the Residential Suburban land use category.

1.

Limitation on use. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional uses in the RS land use category may be authorized in compliance with the land use permit requirements of that Section except mobile home parks.

2.

Evans Tract. The following standards apply to the Evans Tract, Figure 96-16.

Figure 96-16: Evans Tract

a.

Parcel Size - Evans Road frontage. Minimum parcel size is 2½ acres for the southern half of the area as shown in Figure 96-16 unless a larger size would otherwise be required by Chapter 22.22 (Subdivision Standards).

b.

Parcel Size - North of Evans Road. Minimum parcel size is five acres for the -northern half of the area as shown in Figure 96-16 unless a larger size would otherwise be required by Chapter 22.22 (Subdivision Standards).

3.

Squire Canyon. The following standards apply to the Residential Suburban land use category in Squire Canyon (see Figure 96-17).

Figure 96-17: Square Canyon

a.

Density limitation. Residential density shall be limited to a maximum of one family per three acres.

b.

Limitation on use. Land uses in the area northeast of the intersection of Squire Canyon and Indian Knob roads shall be limited to the following (as required by Ordinance 824): agricultural accessory structures; crop production and grazing; communications facilities; animal keeping; animal facilities (with the only use limited to keeping not more than six adult dogs per parcel, with a kennel license being required for raising more than four adult dogs, in compliance with County Code Section 9.04.120); home occupations; residential accessory uses; single-family dwellings; temporary dwellings; pipelines and transmission lines.

[Amended 1982, Ord. 2106; 1989, Ord. 2399; 1994, Ord. 2686; 1996, Ord. 2760; 2007, Ord. 3120; 2007 Ord. 3121; Added 2009, Ord. 3182; Amended 2014, 3256; 2016, Ord. 3317; 2017, Ord. 3358; 2018, Ord. 3369; 2018, Ord. 3377]