§ 22.98.070. South County Sub-area Standards.

All development and new land uses in the South County Sub-area, as shown on Figure 98-1, shall comply with the following standards where applicable.

A.

General sub-areawide standards. The following standards apply to land both in the rural and community areas, in the land use categories and specific areas listed.

1.

Compliance with a Countywide Design Plan. After adoption of a countywide design plan, all proposed new developments, remodeling projects and subdivisions are to be in conformance with that plan.

2.

Groundwater recharge areas. New development shall be located to preserve existing natural drainage areas and aquifer recharge areas and shall incorporate natural drainage systems in new developments to aid in groundwater recharge.

B.

Edge of the Nipomo Mesa. The following standards apply to all land located on the edge of the Nipomo Mesa, including the area along Nipomo Creek. The edge of the Nipomo Mesa is defined as the point of change in topography where slope exceeds 15 percent descending directly from the Mesa to the Santa Maria, Cienega, Los Berros and Nipomo Valleys, shown in Figure 98-14. Moderate erosion impacts potentially occur on disturbed slopes of Oceano dune sand (which typifies the Nipomo Mesa) that are steeper than 15 percent.

1.

Drainage plan requirement. Land use permit and land division applications shall include a drainage plan in compliance with Chapter 22.52. The plan shall identify the point of change to 15 percent slope, in addition to other required drainage plan contents. The drainage plan requirement may be waived through an adjustment approved in compliance with Section 22.70.030, where a development will be located a sufficient distance from the bluff edge to be of no concern.

Figure 98-15: Edge of Nipomo Mesa

2.

Standards for projects requiring Zoning Clearance or Site Plan Review. Projects requiring Zoning Clearance or Site Plan Review shall be designed in compliance with the following standards, as illustrated in Figure 98-15. Projects that are unable to meet these requirements may be considered through Minor Use Permit review, with the applicant paying the difference in fees.

a.

Grading limitation. Locate all grading, such as for building pads or access roads, away from slopes steeper than 15 percent on the bluff edge of the Nipomo Mesa to avoid erosion and visual impacts associated with grading, except for transmission lines and pipelines.

b.

Setbacks. All new structures shall be set back at least 50 feet from the top edge and the toe of the slope bank to prevent slope failure. Structures are not permitted on the slope of the bluff face, except for transmission lines and pipelines.

c.

Drainage control. Runoff created by new development shall be conveyed away from the bluff toward the interior of the Mesa. On-site or off-site retention/recharge basins shall be utilized for storage and infiltration of all runoff.

d.

Septic system locations. If a subsurface disposal system shall be located within 150 feet of the edge of the steeper bluff slopes (30 percent or greater), the system shall be designed to meet the Central Coast Basin Plan requirements for site suitability and the prevention of "daylighting" of effluent. This system must be approved by the Building Official prior to installation.

Figure 98-16: Development Concepts - Edge of Nipomo Mesa

3.

Standards for projects requiring Minor Use or Conditional Use Permit and land division approval. Minor Use Permit, Conditional Use Permit and new land division applications shall include proposals to address drainage requirements, erosion concerns and septic effluent issues. In addition, the proposal shall address visual, historical and environmental mitigation.

C.

Circulation planning.

1.

Public right-of-way dedications. Applications for land divisions or Conditional Use Permits shall provide an offer of dedication for public streets, bikeways and pathways where necessary to mitigate the impacts of the project and to implement the Circulation Element and the parks and Recreation Element.

2.

Pathways in new land divisions. Land division applications that propose public pathways that are adjacent to the road may utilize the gross acreage to calculate the allowable number of parcels, instead of the net acreage as otherwise required by this Title.

3.

Traffic noise mitigation. Noise-sensitive land uses that are proposed near collector, arterial streets and highways shall be reviewed for potential noise impacts and mitigated, if needed, in compliance with the Noise Element. Where feasible, possible mitigation measures shall be prioritized in the following order:

a.

Setbacks/open space separation;

b.

Site layout, orientation and shielding of noise sensitive uses with non-noise sensitive uses;

c.

Construction of earthen berms;

d.

Structural measures: acoustical treatment of buildings, walls.

D.

Open space preservation - Cluster division incentive. This standard applies to land where important physical, biological or historic resources are identified both on-site and on adjacent properties, to encourage cluster land divisions that will leave the resources in open space areas. Clustered land divisions may utilize an open space parcel area that is smaller than otherwise required by Chapter 22.22 where an important biological habitat, such as an oak woodland or the Nipomo Creek corridor, or land near an historic site such as the Dana Adobe, is identified through the application's review process. The size of the open space area may be determined by a visual, biological or other applicable analysis of the area in question. The analysis shall identify the area that is necessary to maintain open space to preserve the features of the applicable resource.

Guideline: Retain land in open space in new land divisions that will preserve oak woodlands, riparian and other important biological habitats, and historic place surroundings.

E.

Arroyo Grande Planning Impact Area. The following standards apply to land shown within the planning impact area of the City of Arroyo Grande, as shown in Figure 98-17, that has been identified as an area of critical concern.

Figure 98-17: Arroyo Grande Planning Impact Area

1.

Application referral. Discretionary permits, land divisions and General Plan amendment applications shall be referred to the City of Arroyo Grande for review and comment.

2.

Development impacts. Discretionary projects with potential impacts, including cumulative ones, that are associated with impacts to water quantity and quality, drainage, erosion and downstream sedimentation, traffic and circulation shall be addressed as critical subjects for additional review as part of the environmental review process.

3.

Application content - New land divisions. Applications for new land divisions shall comply with the applicable submittal requirements and development standards in the Real Property Division Ordinance (Title 21 of the County Code) with respect to water supply, drainage and grading, sewage disposal, road connections to city roads, and efficient neighborhood and areawide circulation

F.

Nipomo Mesa Water Conservation Area. The following standards apply to all land in the Nipomo Mesa Water Conservation Area shown in Figure 98-17.

Figure 98-18: Nipomo Mesa Water Conservation Area

1.

General Plan Amendments and land divisions. Applications for general plan amendments and land divisions in the Nipomo Mesa Water Conservation Area shall include documentation regarding estimated existing and proposed non-agricultural water demand for the land division or development that could occur with the General Plan Amendment. If this documentation indicates that the proposed non-agricultural water demand exceeds the demand without the requested amendment or land division, the application shall include provisions for supplemental water as follows:

a.

General Plan Amendments. Where the estimated non-agricultural water demand resulting from the amendment would exceed the existing nonagricultural demand, the application shall not be approved unless supplemental water to off-set the proposed development's estimated increase in nonagricultural demand has been specifically allocated for the exclusive use of the development resulting from the general plan amendment, and is available for delivery to the Nipomo Mesa Water Conservation Area.

b.

Land Divisions. Where the estimated non-agricultural water demand resulting from the land division would exceed the existing non-agricultural demand, a supplemental water development fee shall be paid for each dwelling unit or dwelling unit equivalent, at the time of building permit issuance, in the amount then currently imposed by county ordinance, not to exceed $13,200. If the development resulting from the land division is subject to payment of supplemental water development fees to an entity other than San Luis Obispo County, the amount of these other fees shall be deducted from the County fee.

2.

Landscape standards. The standards in Chapter 22.16 apply to the following projects within the Nipomo Mesa Water Conservation Area (NMWCA). Only exceptions, as set forth in Subsection 22.16.020.B.2, 4, 6, and 7, are allowed within this area:

a.

Public projects. Development projects completed by a public agency that require a land use permit.

b.

Other projects. All development projects not included in subsection 2a in and outside of urban and village reserve lines.

c.

Irrigation Systems. Irrigation systems shall include the following components:

(1)

Smart controllers. Irrigation controllers that are climatologically controlled without human intervention, that adjust irrigation based on the amount of moisture lost from soil and plant material since the previous irrigation by utilizing climate data (evapotranspiration rates) broadcast to the controller from the California Irrigation Management Information System and other sources, and that have been tested and certified 100% for irrigation adequacy and schedule shall be installed and maintained on all irrigated and landscaped areas.

(2)

Drip Irrigation. Drip irrigation systems shall be utilized for all landscape plant material with the exception of turf.

(3)

A separate meter for outdoor water; and

(4)

An operating manual to instruct the building occupant how to use and maintain the water conservation hardware.

d.

Turf area limits.

(1)

Multi Family dwellings: The site's total irrigated landscape area shall be limited to 300 square feet per unit.

(2)

All other projects: The maximum amount of turf (lawn) area shall not exceed twenty percent of the site's total irrigated landscape area. In all cases, the site's total irrigated landscape area shall be limited to 1,500 square feet. The review authority may approve exceptions to this requirement in order to allow the minimum amount of irrigated landscaped or turf area needed for schools, parks and other uses that typically require larger irrigated landscape areas when the applicant can demonstrate the need for the additional irrigated landscaped area based on the characteristics of the use and the site.

3.

Building Permits. Building permits issued for construction in the Nipomo Mesa Water Conservation Area shall comply with Section 19.07.042.

G.

Circulation. The following standards apply to the circulation features proposed in applications for all discretionary land use permits including land divisions.

1.

Areawide circulation linkages. All land division and Conditional Use Permit applications shall be integrated into areawide circulation and utility easements, providing for future extensions into adjacent undeveloped properties wherever feasible or where known areawide rights-of-way are planned.

2.

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

3.

Equestrian, pedestrian and bike paths - Conditional Use Permits and New Land Divisions. Safe and site-sensitive equestrian, pedestrian and bicycle circulation facilities shall be provided in projects subject to Conditional Use Permits and new land divisions where feasible either within the street right-of-way or in separated locations as illustrated in Figure 98-18 subject to the County Parks and Recreation Element. Unless determined to be infeasible or to result in significant effects on the environment, density may be calculated in such new land divisions on the basis of gross site acreage when such facilities are provided, instead of net site acreage as otherwise required by this Title.

4.

Road Design and Construction - New Land Divisions. Road alignments proposed in new land division applications shall be designed and constructed to minimize terrain disturbance consistent with safety and construction cost. Altered slopes shall be replanted with indigenous plants or protected by other appropriate erosion control measures.

Figure 98-19: Selected Street Improvements

H.

Drainage. The following standards apply to all projects requiring discretionary land use permits including land divisions.

1.

Potential flooding within undrained depressions - New land divisions. New land divisions located in the vicinity of undrained depressions shall designate building sites above the spill elevation of the depression; or, utilize the cluster division provisions of this Title to locate new parcels and building sites out of areas subject to flooding. (See Figure 98-19.) Where the enclosed depression is large and the above mechanisms are not feasible, prepare a detailed flood analysis for review and approval by the County Public Works Department to delineate the extent of the flood hazard and identify the areas for suitable building sites.

2.

Runoff toward the Nipomo Mesa edge. Developments in areas that are found to potentially drain to the edge of the bluff shall be designed so that runoff will be contained by natural-appearing retention/recharge basins capable of accommodating a 100-year storm. The design of such basins may require percolation testing to establish rates of infiltration.

Figure 98-20: Undrained Depression Areas

I.

Rural village. The following standards apply to properties shown in Figure 98-20 for development of a prototype rural village. The village should be a concentration of development within a rural setting, offering a choice of housing types, basic services, community facilities and daily needs shopping. It may also offer specialized jobs appropriate to its character.

Figure 98-21: Area in Which a Prototype Rural Village May Be Proposed

1.

Mix of land uses. The village shall contain a mix of land uses that may include a sheltered postal center, community hall, large central park and other smaller recreation areas and facilities. A variety of residential housing types shall be provided, including affordable housing opportunities for the incomes of people who work within the South County planning area. Higher residential densities shall be located toward the village center where they should be mixed with nonresidential uses.

2.

Site planning. The village shall have a compact arrangement of residential densities within a street and pedestrian path system that orients travel to a central core area and specific peripheral uses, as shown in Figure 98-21. Permanent open space should be utilized for agriculture, community recreation, circulation and as a buffer between other surrounding properties.

Figure 98-22: Rural Village Concept

a.

Core area. The village should have a central core area located close to a collector or arterial street laid out to form an entrance and destination. A park or plaza should be located within the core area. Civic uses should be adjacent to the park or plaza, such as a self-serve post office, recreation and meeting building, workshops and offices. The core area should be attractive for gathering, meeting and lounging.

b.

Circulation. A system of connected streets shall provide alternative routes of travel from any one location. Use of slightly curving streets to create a changing perspective for visual interest is encouraged. Local streets should be narrower than standard County streets, if possible, to enhance the rural character of the village. The number of street connections to off-site arterial and collector roads shall be minimized. Streets shall be designed in blocks to maximize access by all modes of travel - automobile, bicycle and walking. Locate any transit stops within easy walking distance of all residents.

c.

Residential areas. Residential densities shall be higher adjacent to the core area and lowest at the periphery of the village. Residential design should be oriented to the street for pedestrian security.

d.

Non-residential uses. Non-residential uses should be developed at a scale that is appropriate to the village size and location. Civic structures should be provided in the core area, such as for postal services, recreation, meetings, eating, workshops and office work. Commercial structures shall be provided as determined to be feasible in the core area for grocery stores, restaurants, personal services, offices, small-scale manufacturing, general retail, social gatherings, and offices. Agriculture should be maintained and enhanced where feasible, and water conserving irrigation methods should be encouraged. Recreational uses and structures should be developed for residents and visitors, such as golf courses, equestrian facilities, linear parkways, parks, playgrounds and other open space uses.

3.

Open space. Clustering of residential densities shall be accompanied with at least 60 percent of the parent site in private and/or dedicated public open space. A minimum 200-foot-wide open space buffer shall be provided adjacent to all arterial and collector perimeter roads and be landscaped to shield the improved village area. Golf course fairways, equestrian trails are potential open space uses. A community focal point such as a central park or plaza shall be provided. Smaller improved parks should be incorporated into neighborhoods. A network of continuous pedestrian, equestrian and bicycle paths should connect neighborhoods and centralized destinations.

4.

Specific Plan requirement. A Specific Plan shall be prepared in compliance with Government Code Section 65450 under the guidance of the County upon the application and funding by property owner(s). The Specific Plan shall address both on and off-site issues concerning environmental constraints, site planning and development, financing of improvements and evaluation of the potential for a transfer of development credit (TDC) program.

5.

Scale and Intensity. The Specific Plan shall determine the scale and intensity of residential and non-residential development that will be compatible with resources, public services, roads and facilities, and other destinations such as employment centers in the South County planning area. The evaluation of project size shall utilize an environmental constraints analysis as well as market feasibility and fiscal impact studies. The following subsections I.6 through I.11 provide primary factors for evaluating the appropriate size and density of a village.

6.

Constraints analysis. A constraints analysis shall be prepared to address, but not be limited to, project market feasibility analysis, fiscal impact analysis and analysis of biological resources, cultural resources, agricultural resources, water supply and groundwater recharge, traffic, air quality and noise.

a.

Feasibility analysis. An economic feasibility analysis shall be the basis of the whole project and should identify incentives that can be offered to business operators to help ensure their success. A feasibility analysis shall be the basis of the whole project, and for private commercial, office and service uses to meet the basic services and daily shopping needs of the village residents. It should identify incentives that can be offered to business operators to help ensure their success.

b.

Fiscal impact analysis. An economic feasibility analysis shall be the basis of the whole project, and it should identify incentives that can be offered to business operators to help ensure their success in providing private commercial, office and service uses that will contribute to the basic daily service and shopping needs of the village residents.

c.

Open space provisions. Designation of open space areas should be utilized to minimize impacts to and from affected commercial agricultural operations, important biologic resources and important historical and archaeological resources.

d.

Water resources. To minimize water consumption, drought-tolerant low water-using plants are required for landscaping purposes. To improve groundwater recharge from surface runoff, fewer and larger drainage basins shall be provided.

e.

Traffic and air quality. Alternative development designs should be prepared that will minimize impacts to traffic circulation and air quality, including but not limited to the orientation and access of the village to any adjacent or nearby village or urban area, and minimal impacts on smaller rural roads and optimal use of larger roads.

7.

Size. Depending on the size of the parent parcel(s), the developed village site should be a compact village with a boundary no more than one-half mile long on any side in order to achieve a sufficient central density for interaction and convenient pedestrian access.

8.

Transfer of development credits (TDC). Additional development entitlements may be achieved through a transfer of development credits from other locations in the planning area through a County-approved TDC program, as one method to achieve additional density.

9.

Number of allowable residential units. The allowable number of units shall be determined by the size of the parent parcel, the resource, market and fiscal constraints on development identified in the Specific Plan, and the extent of public facilities provided by the developer.

a.

Base number of units. A base number of dwelling units shall be established at one unit per five acres.

b.

Additional dwelling units. Additional dwelling units may be proposed beyond the base number up to a density of one unit per acre, depending on the evaluation in the Specific Plan regarding the following incentive bonuses, including:

(1)

An initial incentive for participating;

(2)

Transfer of development credits (TDC) from other land identified in a South County TDC program;

(3)

Proposals for providing for a community-serving need, such as a community school, park or recreational facility, major public works improvements, or environmental enhancements that exceed the minimum mitigation measures that are required.

10.

Residential densities. Densities within the village should occur within a range from two to 20 units per acre, including secondary dwellings. The average density within the village site should be at least five dwelling units per acre, which is intended to achieve a predominant single-family character. Suburban densities at two units per acre should be balanced by multi-family densities to maintain this average.

11.

Collector or arterial street access. The village site should be located so that residents will be within walking distance (one-quarter to one-half mile) of a collector or arterial road, shown on the Circulation map.

[Amended 1997, Ord. 2800; Added 2006, Ord. 3090; Amended 2006, Ord. 3104; 2008, Ord. 3161; 2014, Ord. 3256; 2018, Ord. 3369]