§ 22.98.020. Combining Designation Standards.

A.

Airport Review Area (AR). The following standards apply within the Airport Review combining designation, as shown in Figures 98-2 and 98-3:

1.

Airport Land Use Plans included by reference.

a.

The adopted Oceano County Airport Land Use Plan, and any amendments thereto, is hereby incorporated into this Title by reference as though it were fully set forth here.

Figure 98-2: Airport Review Area - Oceano County Airport

b.

The adopted San Luis Obispo County Airport Land Use Plan, and any amendments thereto, is hereby incorporated into this Title by reference as though it were fully set forth here.

Figure 98-3: San Luis Obispo Airport Review Area

2.

Limitation on uses within Airport Review Area. Allowable uses are limited to those designated as "compatible" or "conditionally approvable" by the Oceano County Airport Land Use Plan and San Luis Obispo County Airport Land Use Plan, as applicable, in compliance with the land use permit requirements of Section 22.06.030 (Allowable Land Uses and Permit Requirements.

3.

Review for compliance with Airport Land Use Plan. All land use permits, land divisions and General Plan amendments must be found consistent with the Airport Land Use Plan adopted by the San Luis Obispo County Airport Land Use Commission for the Oceano County Airport Review Area and the San Luis Obispo County Airport Review Area, as applicable.

4.

Site Design and development standards - Private lands. All development applications for the area within the boundary of the Oceano County Airport Land Use Plan and the San Luis Obispo County Airport Land Use Plan shall comply with the development standards in the respective plans, 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.

5.

Site design and development standards - Airport site. New development projects in County-owned portions of the site of the San Luis Obispo County Airport shall be consistent with the adopted Airport Use Permit (the land use plan for the airport itself), 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.

B.

Energy and Extractive Resource Areas (EX) - Permit requirement for Price Canyon Oilfield. Conditional Use Permit approval is required for any expansion of existing oilfield operations in Price Canyon, Tiber Canyon and in the hills off Ormonde Road into adjacent land use categories

C.

Extractive Resource Area (EX-1) - Santa Maria River. The following standards apply within the Extractive Resource Area (EX-1) combining designation in and along the Santa Maria River.

1.

Compliance with Specific Plan required. All development within the Santa Maria and Sisquoc Rivers Specific Plan Area (see Figure 98-4) shall comply with the adopted Specific Plan. In the event of any conflict between the provisions of this Title and the Specific Plan, the Specific Plan shall control. Any deviation of existing or proposed development from the provisions of the Specific Plan shall occur only after appropriate amendment of the Specific Plan.

Figure 98-4: Santa Maria and Sisquoc Rivers Specific Plan

2.

New mining operations. Proposals for new mining operations located in the EX-1 Combining Designation shall apply for and fund appropriate amendments to update the existing Santa Maria and Sisquoc Rivers Specific Plan. Where a substantial change to the operation of a mine with a vested right is proposed (as described in Chapter 22.36, and as provided by Public Resources Code (PRC) Section 2776), the operation will be considered a new mining operation and a new land use permit and reclamation plan shall be required.

3.

Review of proposed operations on prime agricultural land. Land use permits for mining on prime agricultural land (as defined in Government Code Section 51201) are subject to review and recommendations by the Agricultural Preserve Review Committee or its equivalent prior to review and approval by the Commission.

D.

Historic Area (H) — Historic sites. The following standard applies within the Historic combining designation.

1.

San Luis Obispo Sub-area. Within the San Luis Obispo Sub-area, as shown in Figure 98-0, the provisions of Section 22.14.080 requiring Minor Use Permit approval applies only to the historic structures identified in Chapter 6 of the San Luis Obispo Area Plan (see page IV.6-2), and an area within 200 feet of the structure, and not to other structures or uses which exist or are proposed on the site or to vegetation removal, routine maintenance, repairs or similar activities.

2.

Historic Area (H) - Dana Adobe. Development of any tourist-related facilities, residential or accessory uses at the site of the Dana Adobe (see Figure 98-5) shall be consistent with Section 22.108.040.F.

Figure 98-5: Dana Adobe Site

E.

Sensitive Resource Area (SRA). The following standards apply within the Sensitive Resource Area (SRA) combining designation.

1.

Black Lake Canyon. The following standards apply to all properties in the Black Lake Canyon SRA combining designation except for the replacement or reconstruction of existing water wells, which are subject only to Subsection E.1.i. These standards will be considered for clarification and revision during the Black Lake Canyon General Plan amendment and environmental impact review process. As part of the General Plan amendment, an inventory of canyon resources and necessary protective measures is being prepared in the Black Lake Canyon Enhancement Plan.

a.

Access limitation. Road access to new and existing parcels shall be from local streets above the canyon rim, except that below the canyon rim, access from adjacent parcels may be to a possible public road crossing of the canyon if no other access is feasible.

b.

Limitations on improvements. No permanent structures, impervious surfacing, grading, removal of natural vegetation, sewage disposal systems or water wells are allowed below the canyon rim except as provided by Subsections E.1.d through E.1.f. A determination of whether proposed activities will extend below the canyon rim shall be made by the Department as individual applications are reviewed.

c.

Setbacks. Maintain at least a 20-foot building setback from the rim of the canyon.

d.

Environmental review for new water well permits. All applications to permit the drilling of new water wells (excluding the replacement or reconstruction of existing legal nonconforming wells) below the rim of the canyon and outside the Sensitive Resource Area boundary shall be subject to the environmental review procedures as contained in the County Environmental Quality Act Guidelines, and as required by the conditions of the negative declaration ED 81-08 for the County General Plan amendment G810519:2. The environmental review, with a completed environmental determination, shall be accomplished prior to the issuance of a well-drilling permit from the County Department of Public Health.

e.

Location of new well sites. New well sites shall be located a minimum 150 feet from the marsh vegetation. Access roads to the well site shall not impinge on the marsh site, and shall be located and limited in use as determined by the environmental review process.

f.

Grading permit. A grading permit, subject to the environmental review procedures contained in the California Environmental Quality Act and completed in compliance with Chapter 22.52, shall be required for any proposed grading activities or site disturbances that will occur below the rim of Black Lake Canyon outside of the Sensitive Resource Area boundary, including grading for agricultural uses. The grading permit application shall include a comprehensive erosion and sedimentation control plan utilizing soil erosion prevention and protection measures as recommended by the Natural Resources Conservation Service, and provision of a wildlife corridor of native vegetation extending from the canyon rim to the canyon bottom. The location and size of the corridor shall be determined through the environmental review process. Installation of permanent or temporary structures utilized for controlling drainage may be permitted within the Sensitive Resource Area designation only if such structures are approved as part of the approved sedimentation and erosion control plan.

g.

Rare or endangered plant species. The provision of protective measures for rare or endangered plant species, as designated on the current, official list of the California Department of Fish and Game Commission, shall be accomplished as part of the environmental review for individual applications.

h.

Protection of wetlands. Properties proposed for development that contain wetlands or are adjacent to wetlands shall develop a small diameter observation well to monitor the groundwater level in the shallow upper aquifer. Significant declines in the shallow water table attributable to the production from proposed new wells shall necessitate the implementation of protective measures by the property owner to preserve water levels within marsh areas. The details of the monitoring program shall be developed by the Office of the Environmental Coordinator at the time of the environmental review of individual water well permit applications.

i.

Well reconstruction and replacement. The following standards apply to the reconstruction or replacement of existing legal nonconforming wells.

(1)

Location of replacement well sites. Where the existing well being replaced is within 150 feet of a marsh and/or wetland area, the replacement well shall be located no closer to the marsh or wetland than the well being replaced.

(2)

Permit requirements for replacement wells. The application for a well-drilling permit shall include a Zoning Clearance showing the location of the well being replaced, its casing size and depth and the approximate operational capacity prior to its failure; the location of the proposed new well; the access route to the proposed drilling site; and relationship to marsh or wetland areas if they exist on the property.

(3)

Construction standards for replacement wells. Replacement wells shall be "in-kind" wells; they shall not exceed the capacity of the well being replaced. The new well shall be constructed to the standards contained in the conditional negative declaration (ED 83-206) for General Plan amendment G831019:2, on file with the Department and the Department of Public Health.

2.

Indian Knob - Required plant species inventory. Prior to approval of any land use permit in the Indian Knob area (see Figure 98-6) a site survey shall be conducted to accurately locate the extent of the rare shrub, Eriodictyon Altissimum. Proposed development shall be located such that the subject plant is preserved.

Figure 98-6: Indian Knob Mountainbalm SRA

3.

Lopez Lake. The standards of this Section apply within the Agriculture and Rural Lands categories that are also within the Lopez Lake SRA.

a.

Limitation on use. All land uses identified by Section 22.06.030 as allowable, permitted, or conditional within the applicable land use categories may be authorized within the Lopez Lake SRA, in compliance with the land use permit requirements of that Section, except that mining and related operations are only allowed to reclaim existing mines.

b.

Surface mining. Applications for surface mining outside the Lopez Lake SRA, where applicable, shall include plans to reclaim and revegetate any existing mines or related excavations that are located within the SRA on the same site.

c.

Special requirements for residential development.

(1)

Permit requirement. Minor Use Permit approval is required for all new residential development involving structures and access road construction.

(2)

Application content. All Minor Use Permit and Conditional Use Permit applications shall include a grading plan, erosion control plan, landscaping plan and architectural elevations. Applications shall also include a visual analysis of the project to show how the location and design of the project will mitigate its visual impact on the Lopez Lake Recreation Area. A visual analysis shall include topographic maps with lines of sight, cross Sections, photographs, or other supporting documentation to demonstrate that the project complies with the location and site development criteria of Subsections E.3.c(3) through E.3.c(5).

(3)

Building site limitation. Wherever feasible on properties proposed for development, all building sites and access roads shall be located outside the SRA area, so as not to be visible from the recreation area.

(4)

Location criteria. If development cannot comply with Subsection E.3.c(3), compliance with the following location criteria shall be required:

(a)

Structures shall be located away from exposed ridges or hilltops to areas of minimum visibility from the Recreation Area.

(b)

Locate development to minimize grading for residences and access roads

(c)

No development, including access roads, shall be permitted on slopes steeper than 30 percent.

(d)

Locate access roads to have minimum feasible cross slopes and visibility.

(e)

New access to development shall use existing roads wherever feasible.

(5)

Site development criteria.

(a)

Utilize existing vegetation, topographic features and landscaping to screen the visibility of development.

(b)

Residences shall be limited to a single story where necessary to reduce visibility.

(c)

A maximum road cut of five feet shall be maintained wherever possible in visible areas.

(d)

Altered slopes shall be replanted with native plant species.

d.

Special requirements for oil and gas exploration and production facilities.

(1)

Permit requirement. Conditional Use Permit approval is required for oil and gas exploration and production facilities. Each application shall comply with the following criteria before acceptance.

(2)

Application content. Provide a visual analysis in the form of topographic maps with lines of sight, cross Sections, photographs and other supporting documentation that demonstrate that the project will mitigate the visual impact on Lopez Lake Recreation Area by compliance with the site location and development standards below.

(3)

Location criteria. Wherever possible, oil and gas exploration and production facilities shall locate outside the SRA boundary. Any application proposing facilities within the SRA area must demonstrate this need to do so through a combination of technical and economic analysis not including proprietary information to the industry. Exploration and production facilities shall not be allowed on unobstructed, visible hilltops or ridgelines. If a project cannot comply with this standard, it shall comply with the site development standards of Subsection E.3.d(4).

(4)

Site development standards.

(a)

Proposed facilities shall be screened from view by existing topography, vegetation, earthen berms and/or solid fencing. Berms and fencing shall be buffered with specimen-sized evergreen vegetation.

(b)

Project site design shall include the maximum consolidation of facilities and minimal feasible heights, possibly including recessed or sunken features below existing grade.

(c)

Proposed access roads shall have the minimum feasible cross slopes and visibility, with a maximum road cut of five feet maintained wherever possible in visible areas. Prepare a grading, erosion control and landscaping plan, emphasizing vegetation to screen all visible cut and fill slopes.

4.

Los Padres Sub-area. Within the Los Padres Sub-area, as shown in Figure 98-0, access to or through SRA areas shall be limited to existing roads, trails or to proposed trails shown on the latest Forest Service Off-Road Vehicle Plan. Any proposed changes in this plan should be submitted to the County and affected private property owners for review.

5.

Pismo Beach Hillsides (SRA). (See Figure 98-7)

Figure 98-7: Pismo Beach Hillsides Sensitive Resource Area

a.

Permit requirement. Conditional Use Permit approval is required for oil and gas production facilities. Each application shall comply with the following criteria before acceptance.

b.

Application content. Provide a visual analysis in the form of topographic maps with lines of sight, cross sections, photographs, and other supporting documentation that demonstrate that the project will comply with the site development standards in Subsection E.5.c.

c.

Site development standards.

(a)

Proposed facilities above the 200-foot elevation, including cut and fill banks, tanks, stacks, and chimneys shall be located so that at least 90 percent of the site is screened by existing topography from view within the City of Pismo Beach and Highway 101. Created topography and vegetation as detailed by plans can be considered to complete the existing "screening" using native vegetation where possible and conform to naturally occurring topographic trends. Exploration and production facilities shall not be allowed in the unobstructed visible hillside above the 200-foot elevation.

(b)

Proposed access roads shall have the minimum feasible cross slopes and visibility, with a maximum road cut of five feet maintained wherever possible in visible areas. Prepare a grading, erosion control and landscaping plan, emphasizing vegetation to screen all visible cut and fill slopes.

(c)

Any new application that proposes facilities at any site other than an existing developed location, must demonstrate through a combination of technical and economic analysis not including proprietary information to the industry that new facilities cannot be reasonably incorporated into existing developed locations.

(d)

Steam generators and other venting equipment shall incorporate the best available technology to minimize the appearance of a smoke or steam plume.

(e)

Steam generators and other equipment that cause smoke or steam, and production facilities for oil resources having high concentrations of sulphur compounds, shall not be emitted within 1,000 feet of a residence and the Pismo Beach City limits.

(f)

Normal workover procedures should not exceed the average maintenance cycle, with the exception of breakdowns and emergencies that are verified to the Director through the Division of Oil and Gas' closest office to the well location.

6.

San Luis Bay Sub-area. Within the San Luis Bay Sub-area, as shown in Figure 98-1, projects requiring Conditional Use Permit approval shall concentrate proposed uses in the least sensitive portions of properties. Native vegetation shall be retained as much as possible.

7.

Shandon-Carrizo Sub-area. The following standards apply in the Shandon-Carrizo Sub-area, as shown in Figure 98-1.

a.

BLM Wilderness Study Areas. New development within BLM wilderness study areas is allowed only in accordance with the Federal Land Policy and Management Act of 1976.

b.

Off-Road Vehicles. Off-road vehicles are prohibited except on designated trails in BLM lands.

[Amended 1982, Ord. 2096; 1983, Ord. 2157; 1984, Ord. 2206; 1985, Ord. 2215; 1997, Ord. 2800; Added 1998, Ord. 2847; Amended 2013, Ord. 3254; 2014, Ord. 3256; 2018, Ord. 3369]