San Luis Obispo County, CA, Code of Ordinances

Updated April 30, 2018

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Environmentally Sensitive Areas

The county’s code of ordinances protects sensitive resource areas by requiring that proposed developments are designed with consideration for sensitive resources. It provides permit and processing requirements, minimum site development standards, and area-specific provisions for environmentally sensitive habitats, wetlands, streams and riparian vegetation, terrestrial habitats, and marine habitats (§23.07.160 et seq.).

Hazard Mitigation

The county’s coastal zone land-use code includes regulations designed to reduce flood and geological hazards.

The Flood Hazard Area combining district regulations exceed the Federal Emergency Management Agency’s minimum requirements (§23.07.060 et seq.). These regulations require new development to be elevated at least one foot above base flood elevation.

The Geologic Study Area combining district requires new development projects to submit a geologic and soils report to mitigate seismic, landslide, liquefication, and erosion and stability hazard risks (§23.07.080 et seq.).

Inclusionary Housing

The county addresses inclusionary housing in its land use ordinance (§22.12.080). Ordinance provisions apply to residential development with two or more dwelling units, commercial/industrial development of more than 5,000 SF, mixed use development, and land subdivision. Five percent of base density must be reserved for each of workforce, moderate income, low-income, and very-low-income households, for a total of 20 percent per project.

Methods of compliance for residential projects include on-site unit provision, in-lieu fees, off-site construction, or land donation. Commercial, industrial, and mixed use projects must pay a housing impact fee or construct inclusionary units, donate land, or provide employee housing. The code lists development incentives for unit construction, including density bonuses and modifications to development standards. The code provides development standards for the inclusionary units and establishes household eligibility standards and compliance procedures.

The county also addresses voluntary inclusionary housing through affordable housing incentives in its land use ordinance (§22.12.010 et seq.). The code offers a density bonus and other incentives in return for constructing and selling or renting affordable housing in certain land-use categories. Conditional use approval is required. To qualify for the density bonus, projects must have five or more dwelling units and affordable units must target very-low-income households (10 percent of base density), lower-income households (20 percent of base density), or low- or moderate-income seniors (50 percent of base density).   Standards address density bonus calculation, location and timing of affordable unit provision, site design standards, and affordability standards.

Transfer of Development Rights

The county’s land use code authorizes transfer of development rights (TDR) to protect environmentally sensitive land, land with agricultural capability, and antiquated subdivisions (§22.24). TDR standards address sending and receiving site designation, application, content and processing, eligibility, determination of development credits and bonus development, the source of transferred credits for receiving sites, the process of retiring development credits, and information related to program administration. (§22.24.010 et seq).

 


San Luis Obispo, CA

2010 Population: 269,637

2010 Population Density: 81.74/square mile