§ 23.01.030. Applicability of the Coastal Zone Land Use Ordinance.

The provisions of this title apply to all land use and development activities within the unincorporated areas of San Luis Obispo County located in the California Coastal Zone established by the California Coastal Act of 1976, as provided by this section. When a proposed land use is located outside the Coastal Zone, land use permit requirements and applicable development standards are determined by the Land Use Ordinance, Title 22 of this code.

a.

Proposed uses. The provisions of this title apply to all lots, buildings, structures and uses of land or bodies of water to be created, established, constructed, altered or replaced after the adoption of this title unless specifically exempted by this section. It shall be unlawful and a violation of this code for any person to establish, construct, alter, replace, operate or maintain any building, structure, use of land or body of water, contrary to or without satisfying all applicable provisions of this title.

b.

Effect on existing uses. The provisions of this title are not retroactive in their effect on a use of land lawfully established as of the date of adoption of this title, unless an alteration, expansion or modification to an existing use is proposed which requires a land use permit pursuant to this title. [Amended 1992, Ord. 2570]

c.

Land divisions. This title (including applicable planning area standards adopted by reference as part of this title by Section 23.01.022) determines the minimum parcel size for new land divisions. Title 21 of this code contains the specific procedures and requirements for the land division process, including compliance with coastal development permit requirements.

d.

Public roads. The provisions of this title are not applicable to the repair and maintenance of public roads within road rights-of-way by the county of San Luis Obispo or its contractors, except where a permit may be required by Chapter 23.03 of this title.

e.

Permits issued under the Zoning Ordinance and Land Use Ordinance. This section determines how the Coastal Zone Land Use Ordinance affects land use permits issued before adoption of this title under the provisions of Ordinance 603 (the Zoning Ordinance of the County of San Luis Obispo) or Title 22 of this code (the Land Use Ordinance) and all amendments thereto, and land use permits issued before amendments to this title or the Land Use Element/Local Coastal Plan which have changed land use permit requirements or allowable uses of land.

(1)

Entitlements consistent with the Coastal Zone Land Use Ordinance. All building permits, departmental review approvals, conditional use permits, development plans, variances, plot plan or site plan approvals issued under the Zoning Ordinance or Title 22 of this code which authorized uses that were established before the effective date of Title 22 or this title, and are still allowed in their locations by the Land Use Element, shall be deemed to have been issued pursuant to this title as set forth in subsections (i) through (vi) of this section, provided that a coastal development permit as required by the Coastal Act has also been obtained for each approved use.

(i)

An approved building permit shall be treated for all purposes as if it were a Plot Plan approval; a Plot Plan approved under Title 22 shall be treated as a Plot Plan approval under this title.

(ii)

An approved departmental review shall be treated for all purposes as if it were a Minor Use Permit approval (if Minor Use Permit approval would now be required to authorize such use under the provisions of this title), and as a Development Plan approval if such use would now be required by this title to be authorized by Development Plan approval.

(iii)

A site plan approved under the provisions of Title 22 shall be treated for all purposes as if it were a Minor Use Permit approval (if Minor Use Permit approval would now be required to authorize such use under the provisions of this title), and as a Development Plan approval if such use would now be required by this title to be authorized by Development Plan approval.

(iv)

Approved conditional use permits or development plans shall be treated for all purposes as if they were Development Plan approvals.

(v)

An approved variance shall be treated for all purposes as if it were a variance issued under this title.

(vi)

Any construction, expansion or alteration of such uses after the effective date of this title, and beyond the development authorized by the original entitlement or after the initial construction in a phased project, shall be done in accordance with all applicable provisions of this title, or any conditions of approval adopted with the original entitlement, whichever are more restrictive.

(vii)

Any conditions of approval adopted with any of the entitlements set forth in this subsection are to remain in full force and effect, except that such conditions shall be superseded by any applicable provisions of this title that are more restrictive.

Any approved use that was lawfully established within the Coastal Zone prior to the effective date of this title which has not also been authorized by a coastal development permit shall be deemed to be a nonconforming use of land pursuant to Chapter 23.09 of this title.

(2)

Completion of existing uses: Nothing in the title shall require any change in the plans, construction or approved use of a building or structure for which a permit has been issued before the effective date of this title or any amendment to the Land Use Element/Local Coastal Plan or this title which changes allowable uses of land, land use permit requirements or other applicable provisions of this title, as follows:

(i)

Coastal Development Permit. Where construction or establishment of the use has not been commenced or completed as of the effective date of this title, provided the coastal development permit required by the Coastal Act has been obtained or the proposed development was subject to a categorical exclusion or other exemption from the permit requirements of the Coastal Act.

(ii)

Building Permit. Construction is commenced and substantial site work (Section 23.02.042) has been completed or the time period for construction of the proposed development has not yet expired pursuant to the terms of a valid county permit.

(3)

Land use permits void. Any of the land use permits described in subsection (1) of this section that were approved before the effective date of this title, which authorized land uses that would not be allowed in their present locations by this title, are hereby repealed and deemed void.

(4)

Effect of void entitlement: In any case where an entitlement is deemed void pursuant to subsection e(3) of this section, the effect on an approved land use of its entitlement becoming void shall be as follows:

(i)

Existing use. A use established before the effective date of this title shall become a legal nonconforming use subject to all applicable pro-visions of Chapter 23.09 (Nonconforming Use), provided that any conditions of approval applicable to the use shall remain in full force and effect.

(ii)

Non-existing use. A use of land authorized by an entitlement that became void pursuant to subsection e(3) of this section, for which substantial site work has not been completed as of the effective date of this title (see Section 23.02.042 - Substantial Site Work Defined), shall be prohibited except as provided by subsection e(2) of this section.

[Amended 1995, Ord. 2715]