Land Use/Project Review Report
> November 16, 2011
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> 1) Agricultural Cluster Subdivision Program – Environmental Impact Report for proposed modifications to County’s ordinances regarding agriculture cluster subdivisions.
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> Link to proposal and draft EIR: http://www.slocounty.ca.gov/planning/agsub.htm.
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> SUMMARY: The proposal would amend the Land Use Ordinance (LUO), Coastal Zone Land Use Ordinance (CZLUO), and Agriculture Element (AE) of the County General Plan. In particular, the revisions would establish rules for agricultural cluster subdivisions in the Coastal Zone, where they are currently not allowed. (Clusters would continue to be prohibited on lands protected under the Williamson Act).
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> The most significant issue raised by the EIR for the Cambria-San Simeon area is that of water supply. Reliable ground water resources in the area are inadequate to meet existing demand, and rules of both the present and proposed agricultural cluster subdivision program preclude subdivisions under such circumstances. The DEIR states, “Within the Coastal Zone, new parcels may not be created under the program, but may be reconfigured to better accommodate residential development.” Therefore, it appears that the proposed program would not have any foreseeable effect in the area covered by the NCAC.
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> Representatives of the agricultural community — Joy Fitzhugh of the SLO County Farm Bureau, NCAC member Dawn Dunlap — have raised questions about certain aspects of the County’s environmental and economic analysis of the proposal. Dawn Dunlap believes the EIR undercounts the number of “legally established underlying lots.” Both question the accuracy of the economic analysis, saying that it greatly underestimates the importance of agriculture to the County’s economy and the amount of acreage devoted to agriculture.
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> Because the proposed program apparently would not affect actual land use policies in agricultural areas covered by the NCAC, we recommend that the NCAC receive the EIR without further action.
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> LAND USE COMMITTEE RECOMMENDATION: Receive with no further action
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> 2) DRC2011-00023 KUETER – Minor Use Permit for a new 2305 sf SFR with 512 sf garage. Site located off Burton Drive in Cambria. APN: 024-342-011.
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> Link to application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2011-00023_KUETER.pdf
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> SUMMARY: Application is for a new single-family residence of 2305 sf with a 512 sf garage and 429 sf of decking (waterproof) near the southern end of Burton Driven in Lodge Hill area. Lot size is 4,928 sf. Total GSA is 2817 sf. vs. 2534 sf allowed for forested lot of this size. Footprint is 1436 sf vs. 1267 sf allowed. Project will require 283 sf of TDCs (300 feet allowed). Maximum solid deck allowed is 144 sf( 10% of maximum allowable footprint.)
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> Seven Monterey pines are to be removed and will need to be replaced at 4:1 ratio; one oak tree is to be removed and will need to be replaced at 6:1 ratio. The project is appropriately designed for the site and is consistent in size with neighboring homes.
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> LAND USE COMMITTEE RECOMMENDATION: Approve
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> 3) DRC2011-00028 BJORNSON – Minor Use Permit for an attached deck and detached gazebo. Site located off Cambria Pines Road in Cambria. APN: 013-084-020.
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> Link to application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2011-00028_BJORNSON.pdf
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> SUMMARY: Application is for attached deck, on side of home facing downhill (opposite from street) and a gazebo off street side of home. Both additions are well within applicable setbacks on large (1.04 acre) lot, and project would have no significant visual impact on surrounding properties.
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> LAND USE COMMITTEE RECOMMENDATION: Approve
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> 4) DRC2011-00032 PALUSKO – Minor Use Permit to demo garage and build new 624 sf garage with a 508 sf guest room above. Site located off Emerson Road in Cambria. APN: 023-223-032.
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> Link to application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2011-00032_PALUSKO.pdf
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> SUMMARY: Application is for demolition of 280 sf garage and construction of new 624 sf garage with 508 sf guest room above, bringing total sf of living area at site to 1938 sf and GSA to 2562 sf., vs. allowed GSA of 2117. Project would require 445 sf of TDCs, the maximum available for a lot of this size (5853 sf). Because this project is located in a Special Projects Area (Fern Canyon), TDCs must be obtained from lots retired in the same SPA. Also, construction will require removal of one Monterey pine tree, requiring replacement at a 4:1 ratio, and an oak tree cluster (triple trunk), requiring replacement at a 6:1 ratio. County needs to verify if oak “cluster” is a single tree or three separate trees growing close together. In any event, offsite replanting will be necessary.
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> On its visit to the project site, the Land Use Committee noted a discrepancy between the observed location of the Monterey pine and its location on the site plan. This was brought to the attention of the designer, who has submitted a corrected version of the site plan showing the tree in the correct position. Also, a next-door neighbor expressed concern that the construction project would cause noise and congestion.
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> The project is well designed for the neighborhood and should be approved with two conditions:
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> Correct the MUP per the revised site plan attached with this report.
> Note neighbor’s concerns about construction activity; request that construction be monitored for impacts such as noise, congestion from parking of vehicles and storage of equipment, etc.
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> LAND USE COMMITTEE RECOMMENDATION: Approve, with conditions noted above.
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> 5) DRC2011-00036 MANDERS – Minor Use Permit for SFR with grading on slopes; 4.24-care site located off Cabrillo Highway in San Simeon (Ragged Point). APN: 011-021-016.
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> Link to application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2011-00036_MANDERS.pdf
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> SUMMARY: This MUP is for a 3423 sf single-story home with 600 sf guest house on a 4.24-acre parcel adjoining Highway One (landward side) about 0.8 mile south of the Ragged Point Inn. Total area of home, guesthouse and detached garage (1545 sf) would be 5028 sf. Project includes a new private water well and septic system. The proposed home is situated on a gently sloping bluff about 50 ft above the highway; the structure would not be visible from the highway except from a distance of about one mile to the south. Access to the building site is currently through an adjacent property owned by the applicant. A new driveway will be constructed to the highway, pending encroachment approval by Caltrans.
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> This is a well-designed project, with the proposed structures of appropriate size and profile for the size of the lot and its setting.
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> LAND USE COMMITTEE RECOMMENDATION: Approve
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> 6) DRC2011-00034 COVELL-CAL FIRE – Minor Use Permit for shaded fuel break project; 50-acre site located off Bridge Street in Cambria. APN: 013-111-005.
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> Link to application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2011-00034_COVELL-CALFIRE.pdf
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> SUMMARY: This is a forest-thinning project covering approximately 50 acres in two elongated zones 100 feet wide. One zone would roughly follow Bridge Street from East Village to about a half-mile northwest of Cambria Cemetery. The other would extend from Cambria Cemetery west and then run south and eastward at the edge of the Happy Hill and Pine Knolls residential neighborhoods. Undergrowth and small trees would be removed for fire protection. The primary method would be mechanical thinning with a “masticator” that removes and chips vegetation. Effects of the project and steps being taken to protect sensitive habitat and plant species are detailed in the Mitigated Negative Declaration received by the NCAC. Impacts, as mitigated, will not be significant. This fuel break project appropriately addresses the need to protect a substantial number of Cambria businesses and residences from potential wildfires.
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> Land Use Committee Comment: Proponents and opponents of this project agree that it is necessary for the safety of Cambria. They disagree over the means of implementation and some details of mitigation. The Committee urges all parties to work together to resolve their differences to the greatest extent possible, recognizing that neither side will prevail on all issues. The Committee then urges all parties to work together to achieve approval of this project at all levels of government review so that it can be completed in the shortest amount of time possible.
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> LAND USE COMMITTEE RECOMMENDATION: Approve
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The Land Use Committee has had two meetings now on the EIR Agricultural Cluster proposals. We are still researching and studying the issue. We will be reviewing it once more at the Land Use meeting November 7, 2011 at 6:30 at Rabobank. We will then look at the Land Use Committee’s recommendations on the EIR Agricultural Cluster proposals at the NCAC meeting on November 16, 2011 at 6:30 at Rabobank. Please feel free to come to the Land Use Meeting on November 7th. We would appreciate your input. Please access the website for more information on this issue.
Land Use/Project Review Report
February 16, 2011
1. New Project
residence; also, a request for waiver from Vacation Rental Ordinance distance
restriction. Site located at 6063 Brighton Lane, Cambria. APN: 022-013-050.
Planner: Paul Sittig
Link to MUP application:
DRC2010-00034HERB/DRC2010-00034HERB.pdf
: DRC2010-00034 HERB – MUP for an addition to an existing singlefamilyhttp://www.slocounty.ca.gov/Assets/PL/referrals/coastal/Comments:
south two sides of an existing home, as well as replacing windows and doors. No
square footage would be added to living area, though the project would require 34
square feet of TDCs. Part of the deck addition would be a replacement for an existing
screened-in deck.
The new construction, if fully in compliance with current land use rules, would be an
enhancement of the property and its surroundings.
However, the plans as submitted (in both original and revised versions) call for a
projecting deck on the rear (south) side of the structure that appears to violate the
setback requirements of the Coastal Zone Land Use Ordinance. The deck would
extend to within five feet of the lot line. This fails to meet the requirement (see below)
that limits the distance to seven feet. This figure is based on a formula allowing the
deck to extend no more than 30% into the required rear setback, which in this case is
10 feet. (On a corner lot such as this one, the “rear” is the side opposite the shorter of
the two street-fronting sides.) The proposed location of the side deck, three feet from
the lot line, appears to meet County standards, which are based on the Uniform
Building Code.
Here is the applicable language from Coastal Zone Land Use Ordinance (23.04.116).
The key formula is highlighted:
The proposed project would add second-floor level decks on east anda. Decks: When constructed higher than 30 inches above the surrounding finish grade,
a wood deck may extend into required setbacks as follows (decks less than 30 inches
high are exempt from these requirements – see Section 23.04.104):
(1) Front setback: A deck is not to be located therein.
(2) Side setback: As determined by Sections 1206 and 1710 of the Uniform Building
Code.
(3) Rear setback: A deck may occupy up to 30% of a required rear setback, but is to
extend no closer than three feet to the rear property line.
The Land Use committee recommends that the plans be revised, based on a credible
survey, to ensure that the project meets all applicable ordinance requirements.
Recommendation on MUP for deck addition:
The request for a Vacation Rental Ordinance distance waiver is mentioned only on the
last page of the MUP application package and is not explained. A waiver would be
necessary because an adjacent SFR (to the west) currently holds a Vacation Rental
permit. We have been given no reason, and we can see none, why an exception
should be made to the ordinance in this case.
We also recommend that, in future, any request of this kind be decoupled from
applications for MUPs or other permits. Because it is crucial that neighbors be notified
of any request for a vacation rental permit or waiver, the application and notification
should be for that topic only. In the case of this VRO waiver request, it could easily
have escaped the attention of neighboring property owners receiving their official
notice of an MUP application for the deck additions and other property improvements.
Do not approve.Recommendation on request for VRO waiver:
Do not approve.2. New Project DRC2010-00041 PEARSALL
an existing single-family residence located at 356 Wedgewood Street, Cambria. APN:
023-016-046.
Planner: Airlin Singewald
Link to MUP application:
– MUP for a 159-square-foot addition tohttp://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2010-00041_PEARSALL/
DRC2010-00041_PEARSALL.pdf
Comments:
an existing deck. The project would be within the applicable setbacks, square footage
limits and height limits, though it would require 159 square feet of TDCs. Its visual
impact on other properties would be insignificant.
However, the land use committee found when its members visited the property that a
structure already exists where the addition is being requested. The exterior of it
appears to be recent (and unfinished) construction. It appears to be a non-permitted
addition that would now either have to be brought up to code or torn down and
replaced. The plans are not clear on this point – there is elevation showing that side of
the house in insufficient detail. According to Airlin Singewald, the county at this point
has no information beyond what the applicant has submitted.
At this point, the only recommendation we can make is against approval, because the
plan as submitted does not explain what is to be done about the existing structure. The
MUP application needs to be clarified on this point before it is resubmitted.
This MUP request is for a “proposed workroom” (per the floor plan) underRecommendation:
Do not approve.
Land Use/Project Review Report
January 19, 2011
1. Old Business: Report and Recommendations on Proposed Amendments to the SLO County Event Ordinance – see Page 3.
2. New Project: DRC2010-00032 BROCKWAY – MUP for an addition to an existing SFR. Site located at 1895 St. James Road, Cambria. APN: 023-133-004.
Planner: Paul Sittig
Link to MUP application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2010-00032BROCKWAY/DRC2010-00032BROCKWAY.pdf
Comments: Project would add a master bedroom and loft over garage, totaling 404 sq. ft., to existing two-story residence. Total living area would increase from 1,362 sq. ft. to 1,766 sq. ft., plus new 182 sq. ft. loft. GSA would increase to 2,312, sq. ft. vs. 2,140 allowed without TDCs. Lot size is 3,750 sq. ft., designated “typical” (0-10% slope). Allowable TDCs total 321 sq. ft., of which 172 will be used for this project.
The project is within all applicable limits as to setback, height, proportion of building area to lot size, etc. As planned, it will enhance the applicant’s property with no significant impact on streetscape, views or surrounding properties.
Recommendation: Approve.
3. New Project DRC2010-00022 PG&E – MUP for after-the-fact tree removal of Monterey Pines and vegetation management. Sites located along Ardath Drive in Cambria. APN: 023-074-010.
Planner: Ryan Hostetter
Link to development plan application: http://www.slocounty.ca.gov/Assets/PL/referrals/coastal/DRC2010-00022PG$!26E/DRC2010-00022PG$!26E.pdf
Comments: This MUP was filed in connection with a mitigation plan proposed by PG&E to replace trees removed near power lines in the Lodge Hill area during 2010. PG&E proposes working with the County and the Cambria Forest Committee to pay for off-site replacement of the 75 Monterey Pines at a 4-to-1 ratio – or 300 trees at $25 apiece — at a total cost of $75,000.
This appears to be an appropriate mitigation, but the Land Use Committee believes that the Cambria Forest Committee better able to assess this MUP application in detail and recommend specific action concerning this MUP. In addition, we urge the County to develop a tree management policy for PG&E and other utilities that would allow for removal of trees as needed, with a streamlined permit process that provides adequate notification to area residents.
Recommendation: Refer to Cambria Forest Committee.
REPORT AND RECOMMENDATIONS ON PROPOSED AMENDMENTS TO THE
SLO COUNTY EVENT ORDINANCE
UPDATED JAN. 3, 2011
North Coast Advisory Council Land Use Committee
Submitted to full NCAC on Nov. 17, 2010; continued to Jan. 19, 2011
The Land Use Committee of the North Coast Advisory Council met on November 1, 2010 and January 3, 2011 to consider the Referral Draft of the proposed amendments to the San Luis Obispo County Event Ordinance.
Committee members in attendance were Tom Gray, Joyce Renshaw, Jim Bahringer (Nov. 1, 2010 only), Steve Cole and Gail Robinette (Jan. 3, 2011 only). John Lamb did not attend.
Attending from the County Dept. of Planning and Building on Nov. 1, 2010 was Senior Planner Karen Nall.
Also attending the meeting and offering comments on Nov. 1,2010 were NCAC members Dawn Dunlap and Ralph Covell, along with Susan McDonald. Susan McDonald submitted additional comments via email on Jan. 3, 2011.
General comments:
The Land Use Committee members present at the two meetings found most of the specific provisions in the proposed amendments to be acceptable without further revisions. Exceptions, keyed to sections of the latest referral draft, are listed below.
One general issue that could not be resolved by changing specific sections was the question of how to treat certain large-scale public events on private property (e.g. Pinedorado and the Creston Rodeo) that are longstanding community traditions but would have difficulty operating within all of the new event ordinance rules regarding on-site parking, hours of operation, noise, etc. One suggestion was to exempt such well-established events by name or perhaps by a definition that would effectively exempt them, along with maybe a small number of other events. No consensus has been reached by the full committee on this question. However, the Land Use Committee agrees on the principle that “one size does not fit all” when it comes to regulating use of rural properties for events.
In particular, we recognize that certain properties (including Hearst Ranch in San Simeon, Varian Ranch in Parkfield, the Camatta Ranch near Carrisa Plains and the Work Ranch in San Miguel) can host very large events without causing any significant impact on other properties by way of noise, dust, traffic, parking, light, etc. The proposed restriction on hours of operation, in particular, was called into question for these situations. As with the major community-wide events mentioned above, any exemption here would be limited to just a handful of the largest properties in the county. And no event should be exempt from restrictions regarding on-street parking or other activities that might impede traffic or emergency-vehicle access. Also, we would suggest defining this large-property group by total site acreage rather than by names of specific properties.
Specific recommendations by section (all references are to September 2010 Referral Draft ):
I. Proposed Purpose Statement
Approve as drafted.
II. Proposed Definition of Event (“event” to replace the term “temporary event”)
Add language to second sentence (starting “Events and/or programs that are offered …) that extends exemption for educational events to individual farmers and ranchers, not only to “valid agricultural non-profit organization.”
Also, add language to clarify that purely private gatherings such as family weddings, birthday parties, etc. are not “events” regulated by this ordinance. (In other words, explicitly exclude them from events or other activities “open to the public either with or without invitation.”)
III. Events to be allowed in the following Land Use Categories: AG, RL, RR< OP, CR, CS, IND, REC and PF.
Approve as drafted.
IV. Proposed Ordinance Language.
Approve as drafted, with the following exceptions:
Delete Subsection B.3.a (Parking on the road). The committee sees no need to bar all parking along 1,000 feet of public right-of-way during an event (even for those not attending it), when permittees already are required to provide on-site parking for all attendees.
(Also see the comment above about possible exemptions or adjustments for exceptionally large properties. The Council should consider possible adjustments of Subsections B.2.a.(3) (number of attendees allowed) and B.5 (Hours of Operation) for properties over a certain acreage threshold.)
In Subsection F (Neighbor Notification), revise language to clarify that notice is to go to owners of property within 1,000 feet of the proposed event site.
Also in Subsection F, require that this public notice be provided through both website and letter, not one or the other. The 30-day minimum would remain in effect.
Referral Draft – September 2010
Event Ordinance – Proposed Amendments
I. Proposed Purpose Statement:
The purpose of this section is to establish a set of regulations applicable to the various types of events
held throughout the County. The Board of Supervisors through adoption of these standards recognizes
the important role that events play including countywide tourism, as an educational tool and for support
of non-profit organizations. The Board also recognizes that events have the potential to be incompatible
with surrounding residential uses and to agriculture. Additionally, events have the potential to create
burdens to infrastructure, such as rural roads and add noise which may negatively affect character, the
essential quality upon which tourism depends. The specific purpose of this Section is to set standards for
events to ensure compatibility with surrounding residential and agricultural uses.
II. Proposed Definition of Event: (“event” to replace the term “temporary event”)
Events.
with or without invitation involving fifty or more people that is not sponsored by a government entity.
Events and or programs that are offered by a valid agricultural non-profit organization and that are
Any use of a site for an organized activity, assembly or event that is open to the public eithersolely and specifically
not subject to the provisions of this Title. Parades and other temporary events within the public rightof-
way and admission free events held at a public park or on other land in public ownership when
conducted with the approval of the public agency having jurisdiction, are not subject to land use permit
requirements, provided that all requirements of the County Public Works Department and County
Sheriff are met. Temporary Camps are subject to Chapter 8.64 of the County Code. Events located at
wineries in the inland portion of the county are subject to Section 22.30.070.
for the purposes of education about on-site agriculture or natural resources areIII. Events proposed to be allowed in the following Land Use Categories:
OP, CR, CS, IND, REC and PF.
AG, RL, RR,IV. Proposed Ordinance Language:
A. Permit Requirements.
1. Nonprofit Events.
following occur: there is no charge for the venue, the event is sponsored by a
nonprofit organization and 100% of the proceeds collected on behalf of the event,
after operational expenses are met, go to the sponsoring non-profit organization.
A ministerial permit shall be required for sites that
The number of nonprofit events allowed per year on an individual site are not
limited by this ordinance. The number of attendees is limited by Section B. 2.
Setbacks. Nonprofit events are subject to all applicable standards of this section.
A nonprofit event is defined as an event where all of theonly hold nonprofit events.Referral Draft – Event Ordinance
September 2010
Page 2
2. For Profit and Nonprofit Events.
events are subject to the permits requirements and all applicable standards of this
section.
Sites holding both nonprofit and for profit3. Ministerial Permit.
events per year with 50 to 150 attendees. A greater number of attendees may be
allowed per Subsection B.2.a(3) . Zoning Clearance approval is valid for one year
from the date of issuance.
A Zoning Clearance shall be required for up to 12 one-day4. Discretionary Permit
a. Minor Use Permit
events with 151-200 attendees. The length of time that the permit approval is
effective shall be determined by the Review Authority.
shall be required for 13-20 one-day events per year and/orb. Conditional Use Permit
per year and/or events with over 200 attendees. The length of time that the
permit approval is effective shall be determined by the Review Authority.
shall be required for more than 20 one-day eventsc. Time Limits.
determined by the Review Authority. The Review Authority shall consider but
shall not be limited to the following in making that determination: site
location, neighborhood capacity and compatibility, and the suitability of the
site for ongoing events.
Minor Use and Conditional Use Permit time limits shall beB. Site Design Standards.
1. Site access.
each a minimum of 20 feet wide, from the event site to a publicly maintained road
and this access shall be provided with appropriate signage that clarifies the location
of exits. Access may require an encroachment permit. This requirement may be
reduced or modified through an adjustment provided the applicable fire agency
verifies in writing that the proposed access is adequate for safe ingress and egress of
the site during events.
Events shall provide a minimum of two unobstructed access points,2. Setbacks.
a. Rural areas.
(1) Sites located in the Agriculture land use category.
activities shall be located a minimum of 300 feet from each property
line.
All event(2) All other land use categories
minimum of 200 feet from each property line.
. All event activities shall be located aReferral Draft – Event Ordinance
September 2010
Page 3
(3) Adjustment.
number of attendees otherwise allowed by Subsection A.3. may be
increased as follows:
Event activities are located 600 feet from each property line shall allow
300 attendees
Event activities are located 1,200 feet from each property line shall allow
600 attendees
Event activities are located 2,400 feet from each property line shall allow
1,200 attendees
Event activities are located 1 mile from each property line shall allow
2,000 attendees.
Any event over 2,000 attendees requires Conditional Use Permit approval.
In all land use categories where events are allowed, theb. Urban and village areas
over 20 acres in size. For sites greater than 20 acres in size, the setbacks shall be
as set forth above in Subsection B.2.a.
. As required by Section 22.10.140 unless the site isc. Modification.
approval when a Conditional Use Permit is not otherwise required. Approval
may be granted only after the Review Authority first determines that the request
satisfies any of the following findings: (1) there is no feasible way to meet the
required setbacks without creating environmental impacts including additional
grading, tree removal or impacts to on or off-site agricultural land that is
Natural Resource Conservation Service (NRCS) Classes I, II and III or currently
in agricultural production; or (2) the setbacks are not practical or necessary due
to existing topographic conditions or existing on-site vegetation.
These setbacks can be modified through Minor Use Permit3. Parking
area with a slope of 10 percent or less, at a minimum ratio of 1 space per 2.5
attendees, on a lot free of combustible material, and on areas of the site that are not
Class I soils as defined by the NRCS.
. Parking shall be provided as follows, with such parking located in an opena. Parking on the road.
for 1,000 feet in either direction of any access point or access located on the site.
The applicant shall place signs along the interior accessways and at 300 foot
intervals along the road right-of-way indicating the parking restriction. These
signs shall be posted no earlier than the day before the event and shall be
removed no later than the day following the event.
No parking shall be allowed within any road right-of-wayb. Off-site parking.
Off-site parking may be allowed only through Minor Use Permit approval when
a Conditional Use Permit is not otherwise required.. Off-site parking must be
located outside of a road right-of-way and within 1,000 walking feet of the event
site or shuttles must be provided. Written consent shall be obtained from the
owners of all off-site parking areas. A minimum of one parking attendant shall
All parking for events shall be provided on the event site.Referral Draft – Event Ordinance
September 2010
Page 4
be present at each lot used for off-site parking to assist in parking vehicles. For
each off-site parking lot containing 50 or more vehicles, one parking attendant
per each 50 vehicles shall be provided. For temporary parking lots, signs and
directional signs shall be posted no earlier than the day before the event and
shall be removed no later than the day following the event. For events that will
require off-site parking, monitors shall be provided to direct traffic at all points
of ingress, egress, and forks in private access roads and to turn away vehicles
when authorized parking capacity is reached. If off-site parking is proposed, it
shall be considered with the review of the land use permit for the event site.
4. Traffic Control.
a diagram of proposed traffic routing and direction signs, along with an estimate of
traffic volume expected for the event. This shall be submitted with the land use
permit application for the event site. Prior to approval, a letter from the California
Highway Patrol shall be provided to the county, verifying that agency’s review and
approval of this traffic control information.
For any Event of 500 people or greater, the applicant shall prepare5. Hours of Operation.
end by 10 p.m. each day. Facility set up and clean up shall be allowed between the
hours of 8 a.m. to 11 p.m. All guests of an Event shall be off the property by 10:30
p.m.
All authorized Events shall start no sooner than 10 a.m. and6. Amplified Sound.
demonstrate through an acoustical analysis that noise generated during proposed
events will not exceed 65dB when measured at the property lines. Any Event
proposing outdoor amplified sound shall only be allowed from 10 a.m. to 10 p.m.
and shall be in compliance with the best practice guide for outdoor amplified sound.
The requirement for an acoustical analysis may be waived through an adjustment
(Section 22.70.030) when the distance from the event site to property line and any
neighboring residence outside the ownership of the event site is greater than onehalf
mile.
Outdoor amplified sound may only occur on sites which7. Lighting.
shielded so that neither the lamp nor the reflector interior surface is visible from any
off-site location..
Any proposed outdoor lighting used during events shall be downcast and8. Use of Structures
.a. Existing Structures.
are limited to existing structures that are permitted for commercial and public
assembly occupancy and are in compliance with American Disabilities Act
(ADA) where applicable. Any interior remodeling of an existing structure is
limited to that needed to meet building occupancy and ADA requirements
without expansion of the footprint. This requirement may be waived through an
adjustment (Section 22.70.030) when the applicable fire agency verifies in writing
that the proposed structure is adequate for safe egress and all other fire safety
concerns have been addressed.
The use of existing structures temporarily during eventsReferral Draft – Event Ordinance
September 2010
Page 5
b. New Structures.
approved through a Conditional Use Permit. All new structures proposed for
events shall be located off Class I and II soils as defined by the NRCS.
Event activities may only be allowed in new structures where9. Fugitive Dust
dirt roads and Events which proposed unpaved on- site access roads and parking
areas shall require the use of water trucks, sprinkler system or other practices
acceptable to the Air Pollution Control District, in sufficient quantities to prevent
airborne dust.
. Any proposed Events located on sites with access from unpavedC. Application content.
1. Public notice.
a. Prior to application submittal.
Conditional Use Permits shall include evidence that the applicable community
advisory group and all owners of real property as shown on the latest equalized
assessment roll within 1,000 feet of the subject site were notified of the request
at least 10 days prior to the submission of the land use permit to the county.
This notice shall be provided by the applicant sending a letter accompanied by
the form provided by the Department of Planning and Building.
Applications for Minor Use Permits andb. Public hearing notice.
Conditional Use Permit shall be provided to owners of property within a
minimum of 1,000 feet of the exterior boundaries of the proposed site, instead
of in the manner normally required for public hearings by Section 22.70.060.
Public notice may be required to be provided to properties greater than 1,000
feet away for certain applications at the discretion of the Director of Planning
and Building.
Public notice required for a Minor Use Permit or2. Fire Protection.
application form that sets forth adequate fire safety measures for the proposed
events. Facilities are to be provided as required by the applicable Fire Agency.
A fire safety plan shall be submitted with the land use permit3. Water Supply, Sanitation, and Food Preparation
Health Department shall be submitted with the land use permit application that sets
forth facilities that are required. The applicant is responsible for assuring that the
food vendors have proper certification.
. Approval from the CountyD. Required findings.
22.62.060.C.4, all Minor Use Permit and Conditional Use Permit applications for sites
located in the Agriculture land use category, or on or adjacent to lands currently in
agricultural production, shall be approved only where the Review Authority first finds
that:
In addition to the findings of fact required by SectionReferral Draft – Event Ordinance
September 2010
Page 6
1.
continuing use of the site as a productive agricultural unit providing food or fiber;
and
Where an agricultural use exists on site, the proposed use will not affect the2.
establishment of agricultural uses on surrounding properties.
The proposed use will result in no detrimental effect upon the continuance or3.
been minimized to the maximum extent feasible, so as to not interfere with
agricultural production.
The area proposed for the event use, including parking, structures, access, etc., hasE. Exceptions.
modification, a
standards.
Except where Subsection B. sets a Conditional Use Permit forMinor Use Permit may be used to modify any of the site designF. Neighbor Notification
within a minimum of 1,000 feet of the exterior boundaries of the proposed site, through
a website or letter. If a website is used, notification shall be provided by letter of the
website address and the website shall be maintained and kept current at all times. If a
letter is used, it shall be delivered at least 30 days prior to each event occurrence. The
following information shall be provided:
1. A complete listing of all scheduled events including dates, times and number of
attendees.
2. 24-hour contact information for the operator, including e-mail and phone number,
to be used to notify the operator of issues with the operation.
3. Contact information for County Code Enforcement to be used if members of the
public have complaints about the operation.
. All Events shall provide notification to owners of propertyG. Violation.
of the provisions of this Section. The penalties for violation of this Section are set forth
in Chapter 22.74 of this Title (Enforcement). Additional penalties for violation of this
section may include revocation of the land use permit. A land use permit including any
Zoning Clearance may not be issued if there is an active violation on the site or if two
substantiated complaints have been received by the Department in any consecutive six
month period. If substantiated complaints have been received by the Department more
than two times in any consecutive six month period, this shall be grounds for revocation
of the Land Use Permit consistent with this Title.
It is unlawful for any person to use or allow the use of property in violationH. Guarantee of site restoration
an Agricultural, Limited or Special Event to guarantee site restoration after use, and
operation in compliance with the standards of this Chapter. The guarantee shall cover
both operation and restoration, and is subject to the provisions of Section 22.02.060 or
(Guarantees of Performance).
. A bond or cash deposit may be required for approval ofReferral Draft – Event Ordinance
September 2010
Page 7
I. Effect on existing exempt temporary events.
were exempt pursuant to Section 22.30.610 may continue to hold events for one year
from the effective date of this section (_________________, 20___). Within one year
of the effective date specified above, all event sites shall be brought into compliance
with the standards and permit requirements set forth in this Section. Event sites which
are not in compliance with the standards and permits of this Section after the effective
date specified above, shall be in violation and shall be subject to the penalties of Chapter
22.74 (Enforcement) of this Title.
Any site holding temporary events thatJ. Insurance and Indemnity Requirements.
Treasurer-Tax Collector’s Office, the licensee will provide to the County properly
executed certificates of insurance clearly evidencing the coverage, limits, and
endorsements specified in this license. Further, at the County’s request, the licensee will
provide certified copies of the insurance policies within thirty days of request. The
approval of the insurance required under this section shall not relieve or decrease the
extent to which the licensee may be held responsible for payment of damages resulting
from the event license. The tax collector shall not issue the license for an Event until
the documents described in this subsection have been filed with the tax collector in a
form approved by the Risk Management of the county.
1. A signed statement stating the licensee shall defend, indemnify and hold harmless
the County, its officers and employees from all claims, demands, damages, costs,
expenses, judgments, attorney fees, or other losses that may be asserted by any
person or entity, including Licensee, and that arise out of or are made in connection
with the Event license. The obligation to indemnity shall be effective and shall
extend to all such claims or losses in their entirety. However, this indemnity will not
extend to any claims or losses arising out of the sole negligence or willful
misconduct of the County, its officers and employees.
2. Copies of insurance policies, together with certificates of insurance executed by an
authorized representative of the insurance carrier, showing coverage in accordance
with the following requirements:
a. Licensee, at its sole cost, shall purchase and maintain the insurance policies
required for the event license. Insurance policy types and limits will be
established on a case-by-case basis depending on the scope of the license issued.
All of the insurance companies providing insurance for Licensee shall have, and
provide evidence of, an A.M. Best & Co. rating of A:VII or above, unless an
exception is granted by Risk Manager. Generally, all Event licenses will require
commercial general liability and business auto liability insurance; and Workers’
Compensation insurance if required by law. Other insurance could be required
if special circumstances warrant. All commercial general liability polices required
in connection with an Event license will include coverage at least as broad as set
forth in Insurance Services Office Commercial General Liability Coverage (CG
00 01) and endorsed with the following specific language or contain equivalent
language in the policy:
When a license is required by theReferral Draft – Event Ordinance
September 2010
Page 8
(1) The County of San Luis Obispo, its officers and employees, is named as
an additional insured for all liability arising out of the operations by or
on behalf of the named insured in the performance of this Event
license.
(2). The insurance provided herein shall be considered primary coverage to
the County of San Luis Obispo with respect to any insurance or self
insured retention maintained by the County. Further, the County’s
insurance shall be considered excess insurance only and shall not be
called upon to contribute to this insurance.
(3) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
b. All business automobile policies required in connection with a event license will
include coverage at least as broad as set forth in the liability section of Insurance
Services Office Business Auto Coverage (CA 00 01). Said insurance shall
include coverage for owned, non-owned, and hired vehicles. Policy shall be
endorsed with the following specific language or contain equivalent language in
the policy:
(1) The County of San Luis Obispo, its officers and employees, is named as
an additional insured for all liability arising out of the operations by or
on behalf of the named insured in the performance of the Event license.
(2) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
c. Workers’ Compensation insurance, if required by law, will provide statutory
limits as required by State of California. Policy shall be endorsed to with the
following specific language or contain equivalent language in the policy:
(1) Licensee and its insurer shall waive all rights of subrogation against the
County, its officers and employees for workers’ compensation losses
arising out of the event license.
(2) The policy shall not be cancelled or materially changed without first
giving thirty days prior written notice to the County.
NCAC Land Use Committee Proposed Revisions
September 2010 Public Review Draft of the Vacation Rental Ordinance
Submitted to NCAC October 20, 2010 (final copy)
Discussion Draft in response to the County’s proposal
Strikeout = deleted language County’s proposal
Underscore = new language Land Use Committee
County staff’s proposed revisions in
redCommittee’s proposed revisions in
blueSection 1:
Obispo County Code, is hereby amended as follows:
Section 23.08.165 of the Coastal Zone Land Use Ordinance, Title 23 of the San Luis23.08.165 – Residential Vacation Rentals:
intended for use as a Residential Vacation Rental shall comply with all standards applicable to
the construction of a residence within the land use category that the Residential Vacation Rental
is proposed.
standards applicable to the land use category where the structure is located that were in
effect when the structure was built, and shall comply with this Section, this Title and state law.
The development of a new structureEvery structure used as a Residential Vacation Rental shall comply with all constructionRental shall not exceed one individual tenancy within seven consecutive calendar days
in Subsection d.
as definedThe use of residential property as a vacation rental within the Cambria,and
standards:
Cayucos, Avila Beach and Los Osos urban reserve lines shall comply with the followinga. Purpose.
residential vacation rentals. These regulations are in addition to all other provisions of
this Title
residential vacation rentals have the potential to be incompatible with surrounding
residential uses, especially when several are concentrated in the same area, thereby
having the potential for a deleterious effect on the adjacent full time residents. Special
regulation of these uses is necessary to ensure that they will be compatible with
surrounding residential uses and will not act to harm and alter the neighborhoods they are
located within.
The purpose of this section is to establish a set of regulations applicable toand state law. In the adoption of these standards the Board of Supervisors find finds thatb. Permit requirements.
(1)
Zoning Clearance, Business License and Transient Occupancy Tax Registration are requiredfor each residential vacation rental.
the effective date of these amendments ( )
subsequent Zoning Clearance may be applied for 90 days after the date of expiration and shall
not be granted unless all of the conditions stated herein are met at that time.
period of three years. Continued operation after the initial three year period is subject to approval
of a Minor Use Permit. The application for a Minor Use Permit must be submitted prior to the
expiration date of the Zoning Clearance. If the Minor Use Permit is still in process after the initial
three year period expires, use of the residence as a residential vacation rental shall cease until
final action is taken on the Minor Use Permit.
A Zoning Clearance for a vacation rental that is issued aftershall expire three years after issuance. Ashall be is valid for a(2)
with the application for Zoning Clearance to show that the service provider(s) has been
informed of the proposed use of the property as a vacation rental, and has confirmed that there is
adequate service capacity available to accommodate this use.
Where water or sewage disposal is provided by a community system, evidence shall be submittedc. Location.
(1)
be approved as a residential vacation rental if it is within 200 feet of another parcel with a residential
vacation rental. The distance shall be measured from the point on the parcel containing
the vacation rental that is nearest to the parcel containing the proposed vacation rental.
vacation rental shall be located within 200 linear feet of a parcel on the same block on
which is located any residential vacation rental or other type of visitor-serving accommodation
that is outside of the Commercial land use category.
same block” shall also include the lots within 200 linear feet across the fronting street from the
proposed residential vacation rental.
Permit approval when a Development Plan is not otherwise required.
Cambria, Cayucos and Los Osos: Within all residential land use categories, no parcel shallno residentialFor the purpose of this measurement, “theThis location standard can be modified through Minor Use(2)
no parcel shall be approved for a residential vacation rental if it is within 50 feet of another
parcel with a residential vacation rental. The distance shall be measured from the property
line of the property containing the vacation rental. In the case of condominium units, the property
line shall be the wall of the individual unit. The location standard may be modified through a
Minor Use Permit approval when a Development Plan is not otherwise required.
Within the Avila Beach Urban Reserve Lind: In all Residential and Recreation land use categories,d. Vacation rental tenancy.
tenancy within seven consecutive calendar days.
until after seven consecutive calendar days following the last day for which rent was paid by the
most recent tenant.
owner and
period
rental shall only be used for the purposes of occupancy as a vacation rental or as a full
time occupied unit. No other use (i.e.: home occupation, temporary event, homestay) shall be
allowed on the site.
Rental of a residence shall not exceed one individualA residential vacation rental shall not be rentedNo additional occupancy of the residence (with the exception of the propertythe owner’s guests while the owner is present) shall occur within that the seven-dayfollowing the last day for which rent was paid by the most recent tenant. A residential vacatione. Number of occupants allowed.
individual residential vacation rental shall not exceed the number of occupants that can
be accommodated consistent with the on-site parking requirement set forth in subsection i
hereof, and shall not exceed two persons per bedroom plus two additional persons. The
Zoning Clearance shall specify the maximum number of occupants allowed in each
individual vacation rental.
The maximum number of occupants allowed in anf. Appearance, visibility and location.
change the residential character of the outside appearance of the building, either by the
use of colors, materials, lighting,; or by the construction of accessory structures or
garages visible from off-site and not of the same architectural character as the residence;
or by the emission of noise, glare, flashing lights, vibrations or odors not commonly
experienced in residential areas.
The residential vacation rental is not tog. Signs.
inch by twelve inch sign shall be placed on the property so as to be visible from the street. The
sign shall read
number
of the residence.
Availability of the rental unit to the public shall not be advertised on site. One eightin full as follows: “For Property Management, call [name and 24-hour telephone(s) of contact person].” The sign shall blend with the existing landscaping and/or colorsh. Traffic.
exceed the type of vehicles or traffic volume normally generated by a home occupied by
a full time resident in a residential neighborhood. For purposes of this section, normal
residential traffic volume means up to 10 trips per day.
Vehicles used and traffic generated by the residential vacation rental shall noti. On-site parking required.
Rental shall be entirely on-site, in the garage, driveway or otherwise out of the roadway,
in accordance with subsection e., above. Tenants of Residential Vacation Rentals shall
not use on-street parking at any time.
All parking associated with a Residential Vacationj. Noise.
(1)
23.06.040 et seq. (Noise Standards).
or cause to be made or continued, and no property manager of a residential vacation rental
shall allow to be made or continued, any noise disturbance in such a manner as to be plainly
audible at a distance of fifty feet from the noisemaker. “Noise disturbance” means any sound
which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or
disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real
property
[j(1)derived from San Luis Obispo Municipal Code Sections 9.12.020 and 9.12.050]
All residential vacation rentals shall comply with the standards of SectionNo tenant of a residential vacation rental shall make, continue(2)
household electrical current at 110 or 220 volts or that produces noise, dust, odor or vibration
detrimental to occupants of adjoining dwellings.
No residential vacation rental is to involve on-site use of equipment requiring more than tandardk. Local contact person.
property manager. The local property manager shall be available 24 hours a day to
within one hour to tenant and neighborhood questions or concerns. Where a property
owner lives within the same community as the residential vacation rental, the property owner
may designate themselves
in this section shall continue to apply.
All residential vacation rentals shall designate a localand shall respondhimself/herself as the local contact person. All the requirements enumerated(1)
submitted to the Department of Planning and Building, the local Sheriff
Substation, the main county Sheriff’s Office, the local fire agency and supplied to
the owners of property within 200 feet
vacation rental property. This notice shall state the property owner’s intention to establish a residential
vacation rental and shall include the name, address and phone number of the local contact
person, and the standards for noise, parking and maximum occupancy
local Sheriff’s substation and County Code Enforcement, and the Web site location for taking
citizen complaints.
list of all parties notified shall be supplied to the Planning and Building Department at the time
of application for the residential vacation rental.
A notice The name, address and telephone number(s) of the local contact person shall befoot radius of any point on of the proposed the residential, the phone numbers of theA copy of the notice, a form certifying that the notice has been sent and aThe name, address and telephone number(s) of the local contact person shall be permanently
posted in the rental unit in a prominent location(s). Any change in the local contact person’s address
or telephone number shall be
property owners as specified in this subsection
standards for parking, maximum occupancy and noise shall be posted prominently in the residential
vacation rental unit and shall be incorporated as an addendum to the vacation rental contracts.
promptly furnished to the agencies and neighboringwithin five days of the change. In addition, theAny conditions or limitations on the use of the property as a residential vacation rental
imposed by the Board of Supervisors also shall be incorporated as an addendum to the contract
and posted inside the rental unit.
(2)
may contact the Sheriff’s Office. The Sheriff will attempt to reach the local
contact person. In cases where the Sheriff was unable to reach the local contact
person
apply.
If the local contact person is unavailable or fails to respond, the complaining partywithin one hour of placing the first call, the penalties as set forth in Subsection n shalll. Transient Occupancy Tax.
regulations and standards set forth in Chapter 3.08 of the County Code, including any
required payment of transient occupancy tax for each residential vacation rental unit.
Each residential vacation rental unit shall meet them. Effect on existing residential vacation rentals.
(1)
10, 2003 shall be subject to a Zoning Clearance, Business License, Transient Occupancy Tax
Registration, and
provided evidence that the vacation rental unit was in existence prior to April 11, 2003.
Each individual vacation rental in existence on the effective date of this section Septemberall standards set forth in this Section except Subsection c(1) regarding location,(2)
( ) shall be subject to a Zoning Clearance, Business License, Transient Occupancy
Tax Registration and all standards set forth in this Section except Subsection b
requirement for a Minor Use Permit
part of Subsection c
of another parcel with a residential vacation rental.
Residential vacation rentals legally established prior to the effective date of these amendments(1), regarding thethe Zoning Clearance being valid for three years, and that(1) regarding location across the fronting street being located within 200 feet(3)
for a Residential Vacation Rental, expires pursuant to Title 23 and
a new Zoning Clearance
be required and shall be subject to all standards set forth in this Section.
If a Zoning Clearance, and Business License or Transient Occupancy Tax registration issuedor Title 6 of the County Code,, and Business License and Transient Occupancy Tax registration shallZoning Clearance, Business License, and Transient Occupancy Tax Registration, shall be
requested from the county within 120 days of the effective date specified above. If the
Zoning Clearance, Business License, and Transient Occupancy Tax Registration, have
not been requested within the time frames set forth in this section, the penalties of
Chapter 23.10 (Enforcement) of this Title shall apply.
n. Violation – vacation rental.
property in violation of the provisions of this section. The penalties for violation of this
section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties
for violation of this section may include
and Business License.
It is unlawful for any person to use or allow the use ofcitation and fine and revocation of the Zoning Clearance(1)
that are submitted under penalty of perjury. The Department of Planning and Building and the
Code Enforcement Unit shall create a form for this purpose and shall post the form on the Department’s
Web site. Complaints may include date-stamped photographs showing house numbers,
and where appropriate to the complaint, vehicle license numbers. The Code Enforcement
Unit may initiate investigation based on such complaints, and may inspect the property owner’s
or rental agent’s rental records as part of its investigation.
The Code Enforcement Unit shall accept citizen complaints alleging violation of this Section(2) (a)
or property manager of a residential vacation rental which may contain an order of abatement or
an order to pay an administrative fine assessed by the Director where the owner, manager or vacation
rental is in violation of any provision of this Section. A citation may be issued without the
assessment of an administrative fine.
The Director of the Planning and Building Department may issue a citation to the owner(b)
including specific reference to the provision of this Section determined to have been violated.
The citation shall be served on the owner of the vacation rental and on the property manager,
if one is known to the Director, in conformance with Section 23.10.040.
The citation shall be in writing and shall describe with particularity the nature of the violation,1.
time for abatement of the violation.
Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable2.
($500) for each inspection or each investigation made with respect to the violation. In assessing a
fine, the Director shall give due consideration to the appropriateness of the amount of the fine
with respect to factors such as the gravity of the violation, the good faith of the owner or manager,
and the history of previous violations.
In no event shall the administrative fine assessed by the Director exceed five hundred dollars3.
that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested
by written notice to the Director within 30 days of the date of issuance of the citation or
assessment. If a hearing is not requested, payment of any fine shall not constitute an admission of
the violation charged. Hearings shall be held pursuant to Section 23.10.030.
A citation or fine assessment issued pursuant to a citation shall inform the owner or manager4.
the full amount of the assessed fine shall be added to the fee for renewal of the business license
for the vacation rental. A license shall not be renewed without payment of the renewal fee and
fine.
[n(1) through n(2)(b)4 derived from California Business and Professions Code Section 125.9]
Where a citation is not contested and a fine is not paid within 30 days of the date of issuance,(3)
limited to:
Violations that will cause the processing of Zoning Clearance revocation include, but are not(a)
change.
Failure to notify County staff when the contact person changes, within five days of the(b)
Violation of the residential vacation rental tenancy standards as set forth in Subsection d.(c)
as set forth in Subsections e, i and j.
Violation of the residential vacation rental maximum occupancy, parking and noise standards(d)
placing the first call.
The inability of County staff or the Sheriff to speak to a contact person within one hour ofThree documented violations of Subsection n
Officer or Sheriff’s deputy within any consecutive six month period shall be grounds for revocation
of the Zoning Clearance.
more than three times in any consecutive six month period, this shall be grounds for revocation
of the Business License consistent with Title 6 of the County Code.
Subdivision n(3) by a County Code EnforcementIf a local contact person is not able to be reached by the SheriffSection 2: TO BE DETERMINED
study prepared and conducted with respect to the matter described above. The Board of Supervisors
has, as a result of its consideration, and the evidence presented at the hearings on said matter,
determined that the proposed negative declaration as heretofore prepared and filed as a result
of said initial study, is appropriate, and has been prepared and is hereby approved in accordance
with the California Environmental Quality Act and the County’s regulations implementing
said Act. The Board of Supervisors, in adopting this ordinance, has taken into account and reviewed
and considered the information contained in the negative declaration approved for this
project and all comments that were received during the public hearing process. On the basis of
the Initial Study and any comments received, there is no substantial evidence that the adoption of
this ordinance will have a significant effect on the environment.
That the Board of Supervisors has considered the initialSection 3:
for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality of the remaining portion
of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance
and each section, subsection,
the fact that any one or more sections, subsections,
portions be declared invalid or unconstitutional.
If any section, subsection, subdivision, clause, phrase or portion of this ordinance issubdivision, clause, phrase or portion thereof irrespective ofsubdivisions, sentences, clauses, phrases orSection 4:
Commission and upon acknowledgement by the San Luis Obispo County Board of Supervisors
of receipt of the Commission’s resolution of certification.
This ordinance shall become operative only upon approval by the California CoastalSection 5:
Obispo County Board of Supervisors, it shall be published once in a newspaper of general circulation
published in the County of San Luis Obispo, State of California, together with the names
of the members of the Board of Supervisors voting for and against the ordinance.
PASSED AND ADOPTED by the Board of Supervisors of the County of San Luis Obispo, State
of California, on the ________day of ________________________, 20____, by the following
roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINING:
___________________________________
Chairman of the Board of Supervisors
County of San Luis Obispo
State of California
ATTEST:
_____________________________________
County Clerk and Ex-Officio Clerk
of the Board of Supervisors
County of San Luis Obispo, State of California
[SEAL]
ORDINANCE CODE PROVISIONS APPROVED
AS TO FORM AND CODIFICATION:
WARREN R. JENSON
County Counsel
By:______________________________
Deputy County Counsel
Dated:___________________________
Before the expiration of 15 days after the adoption of this ordinance by the San Luis
Preliminary Land Use/Project Review Report
May 4, 2009
Attending: John Lamb (acting as Committee Chair), Joyce Renshaw, Jim Bahringer and Steve Cole. Also attending: Mike McKinney and Laura McKinney re DRC 2006-00235 (below).
1(a) DRC 2008-00137 MacKinnon (Hostetter, planner) APN: 013-331-045 GVA 2 MUP to remodel 155 sq ft and add 1044 sq ft of living space, and add 404 sq ft of deck to existing SFR on .46 acre site at 6564 Buckley Drive. Comments: Completed project should benefit neighborhood. Project should describe how it will meet the intent of the Design Criteria in Chapter 7 of the Area Plan, as required by the Area Plan. County should ensure that removed trees are replaced per County tree replacement requirements.
Recommendation: Support
[This project can be reviewed at www.slocounty.ca.gov/planning/referrals.htm.]
1(b) DRC2006-00235 McKinney (Hostetter, planner) APN: 013-101-064 GVA 5 In 2006 and July 2007, the NCAC recommended support for this project to build a commercial building at 1043 Main Street (intersection of Main St. and Cambria Dr.). Both times, the NCAC requested the opportunity to review and comment on the sign to be installed as part of the project, since it will be a “gateway” sign to Cambria. Comments: Mike McKinney, the owner/contractor, and his wife Laura met with the Committee on May 4, 2009 to discuss the sign’s design. The Committee offered three recommendations: that the sign convey a positive impression of Cambria; that the letters be large enough to be read easily; and that the sign impart useful information to tourists who are not familiar with Cambria – i.e., that this is Cambria, that West Village is to the left, and that East Village is to the right. The Committee also recommended that conduit be installed in case lighting for the sign is needed in the future.
Recommendation: Pending. Mr. McKinney expects to present plans for the sign at the May 20, 2009 NCAC meeting.
Preliminary Land Use/Project Review Committee Report
March 11, 2009
Attending: Amanda Rice (acting as committee chair), John Lamb, Steve Cole, Joyce Renshaw, Jim Bahringer.
The committee reviewed four projects on March 2, 2009 – One new residence and out buildings, two additions and one commercial project.
Projects:
1(a) DRC2008-00100 (Sittig, planner) GRIFFITH (owner) — MUP for a new 3178 sq ft SFR, 599 sq ft guesthouse, 681 sq ft garage, 756 sq ft stable, 216 sq ft tack room, and 450 sq ft feed shed on a 74.68 acre site located off Kathryn Drive in Cambria. APN: 013-085-016 and 019. GVA 2 Comment: Projected 1,000 gallons per day CCSD water usage is excessive in light of Cambria’s ongoing chronic water shortage. Project should explain how it will meet the intent of the Design Criteria in Chapter 7 of the North Coast Area Plan, as required by the Area Plan [my addition - we did not discuss]. Recommendation: Support.
1(b) DRC2008-00109 (Sittig, planner) EVANS (owner) — MUP for a 152 sq ft addition to an existing 1432 sq ft SFR on 4345 sq ft lot at 1325 Richard Ave. in Cambria. APN: 024-352-015. GVA 7. Comment: Appears to be seeking permit for existing addition. Recommendation: Support.
1(c) DRC2008-00113 (Singewald/Scheel, planners) KAUTZ (applicant) — MUP for wine-tasting in existing retail building at 2164 Center Street (between Burton and West) in Cambria. APN: 013-262-002. GVA 5 Comment: CCSD has stated that it will not provide a “will serve” letter for this project because it does not have enough water allocation to support the proposed type of business. The NCAC cannot recommend support of a project for which CCSD will not provide a “will serve” letter. Recommendation: Does not support.
2. DRC2008-00104 (Sittig, planner) GROW (owner) — MUP to convert existing garage attic to 480 sq ft guest room (with bath) at 5330 Nottingham on a 5600 sq ft lot. GVA 3 Comment: The footprint and Gross Structural Area (GSA) for this house and garage already exceed that allowed for this size lot.
When the NCAC reviewed the plans for this house and garage in June 2007 (DRC 2006-00210), we commented that “The GSA vs. the lot size should be reviewed for compliance”, and “It appears that the 400 sq ft of ‘attic space’ over the garage is not included in the GSA calculations”. We speculated that the garage attic subsequently would be converted to living space, but limited our comments as above.
Upon inquiry to the Planning Department re this project, Planning stated that “DRC2006-00210 included a condition that the attic space shall not be used as a guesthouse. It now appears that the origin of this condition was likely in response to NCAC’s stated concerns when you reviewed the project in June 2007. With this new MUP application, the applicant is requesting the removal of this condition. As for the allowable GSA, the applicant argues that this space is already existing. In other words, approval of the project would not change the massing of the existing residence.”
The NCAC feels that the project’s footprint and GSA already exceed those allowed on this lot by the Building Size Standards prescribed by the North Coast Area Plan; that the owner should comply with the condition originally placed on this project that the attic space cannot be used as a guesthouse; and that the owner should not be allowed to do an “end run” around the Building Size Standards.
Recommendation: Does not support.
