§ 26.01.050. Rules of interpretation.

Any questions about the interpretation or applicability of any provision of this title, are to be resolved as provided by this section.

(1)

Effect of Provisions.

a.

Minimum Requirements. The regulations set forth in this title are to be considered minimum requirements, which are binding upon all persons and bodies charged with administering or enforcing this title.

b.

Effect Upon Private Agreements. It is not intended that these regulations are to interfere with or annul any covenants or other agreements between parties. When these regulations are more restrictive upon the issuance of construction permits for new dwelling units than are imposed or required by other ordinances, rules, regulations or by covenants or agreements, these regulations shall control.

(2)

Definitions. Definitions of the specialized terms and phrases used in this title are contained in certain other sections of this title where the terms and phrases are actually used, or in the documents comprising the county general plan, or in Titles 19, 22 or 23 of the county code. For purposes of this title, the following definitions shall also apply:

a.

Allocation. The right, granted by this title, to make application for construction of a new dwelling unit (including the placement of a mobilehome or the conversion of a nonresidential structure to a dwelling unit) in the unincorporated area of San Luis Obispo County.

1.

When no allocations for dwelling units are available the allocation request will be put on a waiting list.

2.

When allocations for dwelling units are available and a complete application for a construction permit is submitted, an allocation can concurrently be approved.

An allocation is not a guarantee of receiving approval for the requested dwelling unit. The actual number of dwelling units to be allowed shall be determined by the board through an annual allocation review process. For those parcels that have requests filed prior to July 1, 2003 and therefore have vested rights, the filing of the construction permit may occur prior to completion of any discretionary permits in order to satisfy the time frames required to reserve the allocation.

b.

Construction of this title. When used in this title, the words "shall," "will," and "is to" are always mandatory and not discretionary. The words "should" or "may" are permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural, and the plural the singular.

c.

Maximum Annual Allocation. The maximum annual allocation equals the annual number of construction permits that may be issued for new dwelling units per year in the unincorporated area of the county. The actual number of dwelling units to be allowed shall be determined by the board through an annual allocation review process.

d.

New Dwelling Unit. The construction of a new structure to be used as a dwelling unit includes but is not limited to:

1.

Placement of a mobilehome on an individual parcel;

2.

Placement of a mobilehome within a mobilehome park;

3.

Conversion of a nonresidential structure to a residential use;

4.

Action resulting in a structure becoming a primary dwelling unit;

5.

Ministerial and discretionary approvals that result in a structure becoming a dwelling unit.

For the purposes of this title, "new dwelling unit" does not include the replacement of any existing, lawfully established dwelling unit with another unit on the same site, or the remodeling or enlargement of an existing unit, provided that the number of existing units is not increased.

e.

Number of Days. Whenever a number of days is specified in this title, or in any request for allocation, or in any permit, condition, or notice issued or given as set forth in this title, such number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. Whenever the term "week" is used, it shall mean the days from Sunday to the following Saturday, inclusive.

f.

Residential Unit Ownership Project. A project based on a comprehensive, unified site design that will include a phasing schedule specifying the time period over which the project will be built and the number of dwelling units to be built in each phase, and meeting the following criteria: Each phase will provide the necessary services and infrastructure so as to be both self-supporting as well as integrated into the whole project, including specifying the standards for land use and related improvements (i.e., streets, utilities, public and private open space, buffers, etc.) plus responsibilities for their installation, ownership and maintenance; the overall project is characterized by creative and innovative design features and a variety of housing types. Such projects are to be approved as mixed use or cluster divisions within urban or village reserve lines under the provisions of Title 22 (Chapter 22.22) or 23 of the county code, approved through a development plan or conditional use permit, approved through a specific plan adopted by the county in accordance with the California Government Code, or covered by a development agreement approved by the board of supervisors.

g.

Specific Plan. A plan adopted by the county for the systematic implementation of the county general plan in accordance with Section 65451 of the California Government Code.

(Ord. 3155 § 5, 2008; Ord. 3091 § 2, 2006; Ord. 3019 § 1, 2003; Ord. 3005 §§ 3, 4, 2003; Ord. 2743 §§ 3, 4, 1995; Ord. 2477 § 2 (part), 1990)