This Title is the Land Use Ordinance of the county of San Luis Obispo, Title 22 of the San Luis Obispo County Code. These regulations are hereby established and adopted to protect and promote the public health, safety and welfare, and more particularly:

A.

To implement the General Plan and to guide and manage the future growth of the county in compliance with the General Plan;

B.

To regulate land use in a manner that will encourage and support the orderly development and beneficial use of lands within the county;

C.

To minimize adverse effects on the public resulting from the inappropriate creation, location, use or design of building sites, buildings, land uses, parking areas, or other forms of land development by providing appropriate standards for development;

D.

To protect and enhance the significant natural, historic, archaeological and scenic resources within the county as identified by the county General Plan; and

E.

To assist the public in identifying and understanding regulations affecting the development and use of land.

[22.01.010]

A.

The Land Use Ordinance is adopted in compliance with the authority vested in the county of San Luis Obispo by the state of California, including but not limited to: the state constitution; Sections 65800 et seq. of the Government Code; and the California Environmental Quality Act, Coastal Act, Housing Act, Subdivision Map Act, Health and Safety Code, and the Surface Mining and Reclamation Act.

B.

The Land Use Ordinance is the primary tool used by San Luis Obispo County to carry out the goals, objectives, and policies of the San Luis Obispo County General Plan, hereafter referred to as the "General Plan." The Board of Supervisors intends that the Land Use Ordinance be consistent with the General Plan, and that any land use, subdivision, or development approved in compliance with the Land Use Ordinance will also be consistent with the General Plan.

[22.01.020]

To effectively implement the policies of the San Luis Obispo County General Plan, the following documents, including contents of the Land Use Element adopted by Board of Supervisors Resolution 80-350 and all amendments thereto, are hereby adopted and included by reference as part of this Title, in compliance with Government Code Sections 65800 et seq., as though they were fully set forth here.

A.

Land Use Element provisions:

1.

Land use categories. The land use categories described in Framework for Planning, Part I of the Land Use Element;

2.

Combining designations. The combining designations described in Framework for Planning, Part I of the Land Use Element, as supplemental categories used on the official maps to identify areas where special characteristics, resources, or hazards to the public necessitate review of proposed land uses to evaluate their compatibility with those characteristics, resources or hazards; and

3.

Official maps. The maps identified as the Official Land Use Maps of San Luis Obispo County, Part III of the Land Use Element, on file in the Department of Planning and Building.

B.

Building line maps. The maps adopted in compliance with prior Zoning Ordinance Section 22.06.060c for measuring required yard dimensions and building locations with respect to building lines, which remain in effect; except the Building Line Maps for Paso Robles Beach Subdivisions 1, 2 and 3 in Cayucos, which have been repealed.

[Amended 1983, Ord. 2122; 1984, Ord. 2163] [22.01.022]

A.

Open space provisions. The intent and purpose of each of the following provisions, together with all other applicable provisions of this Title, are consistent with the intent of the Agriculture and Open Space Element, and shall constitute the Open Space Zoning Ordinance of San Luis Obispo County in compliance with Government Code Sections 65910 et seq.:

1.

The Agriculture (AG), Rural Lands (RL), Recreation (REC) and Open Space (OS) land use categories; and the Flood Hazard (FH), and Sensitive Resource Area (SRA) combining designations of the Land Use Element;

2.

Chapters 22.14 (Combining Designations) and 22.22 (Subdivision Design Standards) of this Title.

B.

Public access or use. In cases where the Land Use Element designates a property in the Open Space or Recreation land use categories, in the Sensitive Resource Area or Historic Area combining designations, or where the Land Use Element identifies a need for open space preservation through easement, contract, or other instrument, the designation does not in and of itself convey or imply any right of public use, access, trespass, or violation of privacy.

[22.01.023]

The provisions of this Title apply to all land use and development activities within the unincorporated areas of San Luis Obispo County, as follows, except uses and activities located within the Coastal Zone defined by the California Coastal Act of 1976, which are instead subject to the provisions of Title 23 of this code (the Coastal Zone Land Use Ordinance):

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.

Public roads. The provisions of this Title are not applicable to the construction and maintenance of public roads and other improvements within road rights-of-way by the county of San Luis Obispo or its contractors.

C.

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 or any amendment, unless an alteration, expansion or modification to an existing use is proposed which requires a land use permit in compliance with this Title.

D.

Effect on previously issued permits. This Section determines how the Land Use Ordinance affects land use permits issued before the adoption of this Title under the provisions of Ordinance 603 (the Zoning Ordinance of the County of San Luis Obispo) and all amendments thereto, and land use permits issued before amendments to this Title or the Land Use Element which would now be subject to different requirements.

1.

Affected permits. The land use permits and other approvals that are subject to the provisions of this Subsection include all:

a.

Building Permits, Departmental Review approvals, Conditional Use Permits, Development Plans, and Variances, approved and issued in compliance with the Zoning Ordinance, which authorized uses still allowed in their locations by this Title; and

b.

Building Permits, Plot Plan approvals, Zoning Clearances, Site Plan approvals, Site Plan Review approvals, Minor Use Permits, Conditional Use Permits, Development Plan approvals, and Variances, approved and issued in compliance with this Title, which authorized uses still allowed in their locations by this Title,

2.

Entitlements consistent with the Land Use Ordinance. The permits listed in Subsection D.1 above, shall be deemed to have been issued in compliance with this Title as follows.

a.

A Building Permit and/or Plot Plan approval shall be treated for all purposes as if it were a Zoning Clearance.

b.

A Departmental Review shall be treated for all purposes as if it were a Site Plan Review if Site Plan Review would now be required by this Title to authorize the use; as a Minor Use Permit if a Minor Use Permit would now be required by this Title to authorize the use; and as a Conditional Use Permit if a Conditional Use Permit would now be required by this Title to authorize the use.

c.

A Conditional Use Permit or Development Plan shall be treated for all purposes as if they were Conditional Use Permits.

d.

A Variance issued in compliance with the Zoning Ordinance that is also in compliance with the provisions of this Title shall be treated for all purposes as if it were a Variance issued in compliance with the Land Use Ordinance.

3.

Compliance with current standards required. Any construction, expansion or alteration of an approved use 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 comply with all applicable provisions of this Title, or any conditions of approval adopted with the original permit or approval, whichever are more restrictive.

4.

Compliance with conditions of approval required. Any conditions of approval adopted with any of the permits or approvals listed in this Subsection shall remain in full force and effect, except that the conditions shall be superseded by any applicable provisions of this Title that are more restrictive.

5.

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 (December 18, 1980), or any amendment to the Land Use Element or this Title which changes allowable uses of land, land use permit requirements or other applicable provisions of this Title, provided construction is commenced and completed as follows:

a.

Building permits. Site work has progressed beyond grading and completion of structural foundations within 180 days after building permit issuance.

b.

Land use permits. Projects authorized by approval of Departmental Reviews, Conditional Use Permits, Variances and Development Plans for which construction permits have not been obtained as of the effective date of this Title are to be established through obtaining construction permits and completing substantial site work (see Section 22.64.080 - Substantial Site Work Defined) within one year of the effective date of the Departmental Review, Conditional Use Permit, Variance, Development Plan, or within any extension of time granted such entitlements before the effective date of the Land Use Ordinance; provided that any project that was approved for phased construction under the previous zoning entitlement may continue under the approved phasing schedule. (No entitlement approved under Ordinance 603 or any amendment thereto shall be granted a time extension under Section 22.64.070 (Land Use Permit Extensions of Time) after the effective date of the Land Use Ordinance except entitlements in compliance with the provisions of Subsection D.2.)

6.

Entitlements void. The following entitlements granted, approved or issued before the effective date of this Title are hereby repealed and deemed void, except as provided by Subsections D.2 and D.5:

a.

Conditional Use Permits and Variances granted in compliance with Chapter 22.92 of the Zoning Ordinance;

b.

Departmental Review approvals granted in compliance with Chapter 22.93 of the Zoning Ordinance;

c.

Development Plans and Planned Developments approved in compliance with Chapters 22.20, 22.46, 22.62, and 22.74 of the Zoning Ordinance;

d.

Rezonings and amendments approved in compliance with Chapter 22.94 of the Zoning Ordinance.

7.

Effect of void entitlement. In any case where an entitlement is deemed void in compliance with Subsection D.6, the effect on an approved land use of its entitlement becoming void shall be as follows:

a.

Existing use. A use established before the effective date of this Title shall become a legal nonconforming use subject to all applicable provisions of Chapter 22.72 (Nonconforming Uses, Structures, Parcels, and Signs), provided that any conditions of approval applicable to the use shall remain in full force and effect.

b.

Non-existing use. A use of land authorized by an entitlement that became void in compliance with Subsection D.6, for which substantial site work has not been completed as of the effective date of this Title (see Section 22.64.080 - Substantial Site Work Defined), shall be prohibited except as provided by Subsection D.3.

[Amended 1981, Ord. 2163; 1982, Ord. 2091; 1986, Ord. 2250; 1988, Ord. 2344; 1992, Ord. 2553] [22.01.030]

No person shall establish, construct, alter or replace any use of land, structure or building without first obtaining all permits required by Article 2 (Allowable Land Uses and Permit Requirements) or other applicable section of this Title.

[Amended 1982, Ord. 2091; 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553] [22.01.031]

Compliance with applicable provisions of this Title and code is required as follows:

A.

Land uses, buildings and parcels. No use of land, buildings, or division of land shall be established and no application for a use of land, buildings, or land division in compliance with Title 21 of this code shall be approved unless the proposed land use, building, or parcels satisfy all applicable requirements of this code.

B.

Operation and conduct of existing land uses. All uses of land, buildings and bodies of water established, constructed, altered or replaced after the adoption of this Title shall at all times be operated, conducted and maintained in a manner consistent with all applicable provisions of this code.

C.

Application where violation exists. No application for land use permit, construction permit or land division shall be approved where an existing land use, building or parcel is being maintained in violation of any applicable provision of the Subdivision Map Act, this code or any condition of approval of a land use permit, except where the application incorporates measures proposed by the applicant to correct the violation, and correction will occur before establishment of the new proposed use, or recordation of a final or parcel map in the case of a land division or the permit is necessary to maintain the health and/or safety of the occupants.

D.

Conflicts with other requirements. If conflicts occur between a planning area standard of Article 9 and other provisions of this Title, the planning area standard shall control, except in cases where additional density is granted pursuant to Section 22.12.040 - Inclusionary Housing, or through participation in the voluntary TDC Program established in Framework for Planning. In those cases, the base density (in compliance with Section 22.10.130) may be derived from the planning area standard, where a minimum parcel size has been established. Any density bonus shall comply with the standards of this Title, unless the density bonus is specifically set forth in the planning area standard.

[Amended 1984, Ord. 2163; 1986, Ord. 2250; 1992, Ord. 2553; 1996, Ord. 2776; 1999, Ord. 2883; 2012, Ord. 3236; 2012, Ord. 3237] [22.01.033]

It is unlawful for any person to erect, construct, enlarge, alter, repair, move, use, occupy or maintain any building, structure, equipment, or portion thereof in the county of San Luis Obispo or cause the same to be done contrary to or in violation of any provision of this Title or any provisions of the codes, rules or regulations adopted in this Title. No person shall violate any of the provisions, or fail to comply with any of the requirements of this Title. The penalties for violation of the provisions of this Title are in Chapter 22.74 (Enforcement).

[Added 1988, Ord. 2339] [22.01.036]

This Title shall be administered by the San Luis Obispo County Board of Supervisors (hereafter referred to as the "Board"), the Planning Commission (hereafter referred to as the "Commission") the Director of Planning and Building (hereafter referred to as the "Director"), the Department of Planning and Building (hereafter referred to as the "Department"), and the Zoning Administrator, in compliance with Article 7 (Land Use Ordinance Administration).

[Amended 1986, Ord. 2250; 1992, Ord. 2553]

Any court action or proceeding to attack, review, set aside, void or annul any decision of matters set forth in this Land Use Ordinance otherwise subject to court review (other than those listed in Government Code Section 65907), or concerning any of the proceedings, acts or determinations taken, done or made before such decisions, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless such action or proceeding is filed within 90 days after the date such decision becomes final. Thereafter all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decisions, proceedings, acts or determinations.

[22.01.080]

If any chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase or word of the Land Use Ordinance is for any reason held to be invalid, unconstitutional or unenforceable, such decisions shall not affect the validity of the remaining portions of the Land Use Ordinance. It is hereby declared that this Land Use Ordinance and each chapter, section, Subsection, paragraph, subparagraph, sentence, clause, phrase and word thereof would have been adopted irrespective of the fact that one or more of such portions of the Land Use Ordinance be declared invalid, unconstitutional or unenforceable.

[22.01.082]

This Chapter provides rules for resolving questions about the meaning or applicability of any part of this Title. The provisions of this Chapter are intended to ensure the consistent interpretation and application of the requirements of this Title and the General Plan. Any questions about the interpretation or applicability of any provision of this Title shall be resolved in compliance with this Section.

A.

Authority. The Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Title.

B.

Effect of provisions.

1.

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

2.

Effect upon private agreements. It is not intended that these regulations shall interfere with or annul any easements, covenants or other agreement between parties. When these regulations impose a greater restriction upon the use of land, or upon the height of structures, or require larger open spaces than are imposed or required by other ordinances, rules, or regulations, or by covenants, easements or agreements, these regulations shall control.

C.

Language.

1.

Construction. 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. "Including" means "including, but not limited to…"

2.

Definitions. Definitions of the specialized terms and phrases used in this Title are contained in Article 8 (Land Use Ordinance Definitions), or in certain other sections of this Title where the terms and phrases are used.

3.

Time of day. Whenever a certain hour or time of day is specified in this Title, or any permit, condition of approval or notice issued or given in compliance with this Title, the hour shall be standard time or daylight savings time, whichever is in current use in the county.

4.

Number of days. When a number of days is specified in this Title, or in any permit, condition of approval or notice issued or given in compliance with this Title, the number of days shall be deemed to be consecutive calendar days, unless the number of days is specifically identified as business days. When the term "week" is used, it shall mean the days from Sunday to the following Saturday, inclusive. If the last day for the performance of any act required to be performed within a specified time is a holiday, then the time period shall be extended to, and shall include, the next day that is not a holiday. The term "holiday" shall mean Saturday, Sunday, and all days when the County offices are closed for the entire day.

5.

Rounding of quantities. Whenever this Title requires consideration of distances, numbers of dwelling units, parking spaces or other aspects of development expressed in numerical quantities that are fractions of whole numbers, and this Title uses the quantities in the form of whole numbers only, the numbers shall be rounded to the next highest whole number when the fraction is 0.5 or more, and to the next lowest whole number when the fraction is less than 0.5; provided, however, that quantities expressing areas of land are to be rounded only in the case of square footage, and shall are not be rounded in the case of acreage.

6.

Internal cross-references. When a provision of this Title refers to a requirement elsewhere, the subject of the cross reference is assumed to be another Chapter or provision of this Title, or another provision within the same Section, unless the title of another document is provided. For example:

a.

"See Section 22.02.040" means "See Section 22.02.040 of this Title";

b.

." . . in compliance with Subsection D.2," means ." . . in compliance with Subsection D.2 of this Section"; and

c.

"See Chapter 9.30 of this code," means "See Chapter 9.30 of the San Luis Obispo County Code."

7.

Site area measured. For any uses that require a minimum site area, the area used shall be the net site area (defined in Article 8 (Land Use Ordinance Definitions) as "Site Area, Net"). For parcels of one acre or greater, site area greater than or equal to 0.995 acres net will be rounded up for the purposes of defining net site areas. For example, a parcel of 4.995 acres net will be considered as conforming to a five acre net site area requirement. A parcel of 0.90 acres net would not be considered as conforming to a one acre net site area requirement.

[Added 1994, Ord. 2696]

D.

Map boundaries and symbols. If questions arise about the location of any land use category or combining designation boundary, or the location of a proposed public facility, road alignment or other symbol or line on the official maps, the following procedures are to be used to resolve these questions in the event that planning area standards (Article 9), do not define precise boundary or symbol location:

1.

Where a boundary is shown as approximately following a lot line, the lot line shall be considered to be the boundary.

2.

Where a land use category applied to a parcel of land is not shown to include an adjacent street or alley, the land use category shall be considered to extend to the centerline of the right-of-way.

3.

Where a boundary is indicated as approximately following a physical feature such as a stream, drainage channel, topographic contour line, power line, railroad right-of-way, street or alleyway, the boundary location shall be determined by the Department, based upon the character of the particular feature used as a boundary.

4.

In cases of large ownerships containing separate land use categories unrelated to lot lines or terrain features, the precise location of boundaries is to be determined through Conditional Use Permit review and approval (Section 22.62.060), before any development.

5.

In other cases where boundaries are not related to property lines or contours, planning area standards (Article 9) define the precise boundary location or the necessary procedure for determining its location.

6.

Symbols used to delineate a combining designation may not be property specific. In the case of Historic, and Energy and Extractive area symbols, the text of the applicable Land Use Element area plan will identify the extent of the area covered by the symbol application.

7.

Symbols indicating proposed public facilities are not property specific. They show only the general area within which a specific facility should be established. The actual distance around a symbol where a facility may be located is defined by Framework for Planning, Part I of the Land Use Element.

E.

Allowable uses. See Section 22.06.030.C (Uses Not Listed).

[Amended 1982, Ord. 2091; 1986, Ord. 2250; 1992, Ord. 2553; 1994, Ord. 2696] [22.01.041]

If questions arise from persons or bodies charged with administering this Title about its content or application, the Commission shall ascertain all pertinent facts, and by resolution set forth its findings and interpretation. The resolution shall be forwarded to the Board, which shall consider the findings and interpretation of the Commission and render a final decision and interpretation on the matter. Thereafter the interpretation of the Board shall prevail.

[Amended 1982, Ord. 2091; 1986, Ord. 2250; 1992, Ord. 2553; 1994, Ord. 2696] [22.01.041e]