Title 22 LAND USE
Chapter 22.112 SOUTH COUNTY PLANNING AREA
DALIDIO RANCH INITIATIVE MEASURE
(Adopted by the voters as Measure J on November 7,
2006)
The people of the County of San Luis Obispo ordain as
follows:
SECTION 1: INTRODUCTION.
A. We, the people of San Luis
Obispo County, affirm our intent to discourage leapfrog development and urban
sprawl by encouraging development at infill locations, along major
transportation corridors. We seek to ensure that this infill development is
compatible with the surrounding area, protects sensitive habitat and historic
resources, contributes a fair share towards the resolution of regional traffic
circulation issues, and allows long-time owners, such as the Dalidio family, to
develop and use their property in a manner similar to surrounding properties. We
wish to provide community amenities, such as organic agriculture and
recreational facilities, such as soccer fields, and to provide increased public
revenues from commercial development designed to attract desirable businesses.
Accordingly, we amend the General Plan and enact zoning to permit development of
the Dalidio Ranch, subject to the conditions and restrictions set forth
below.
B. The property that is the subject of this initiative measure is
known as the Dalidio Ranch, which is near the Promenade and Madonna Plaza
shopping centers, adjacent to Highway 101, and virtually surrounded by the City
of San Luis Obispo. It is particularly described in Attachment A
(“Property”). An area map showing the property in the context of
surrounding development is set forth in Attachment B. This initiative measure
allows a mix of uses on this property, including retail, business park,
residential, recreation and open space, as illustrated on the diagram in
Attachment C. A site plan more particularly describing the features of the
project is set forth in Attachment D. The General Plan Amendment which describes
the range of development allowed for the Dalidio Ranch and Rezoning enacted by
this Initiative is called the Dalidio Ranch (“Project”) and is set
forth in Attachment E. The limitations which will ensure that the Project will
be sensitive to the environment and that Project impacts are addressed
appropriately are set forth in the Conditions of Approval in Attachment
F.
C. We declare and find that the conversion of agricultural land into
uses permitted by this initiative is appropriate and desirable. This General
Plan Amendment and Rezoning do not create a new area of development, and do not
propose expansion of any urban or village area. In this manner, they provide
additional protection from premature, sprawling conversion of agricultural
lands. The Project is compatible with surrounding development. The conditions of
approval will ensure that the Project will enhance biological values through
planting of native species. To the maximum extent feasible, the Project avoids
roadway improvements on Class I or II soils, highly erodible soils, slopes over
30 percent, sensitive resources area, wetlands, riparian and other valuable
wildlife habitat areas. In addition, the Project is conditioned upon
agricultural enhancements through an organic agricultural operation which will
provide agricultural products in a more environmentally benign fashion than do
the current agricultural uses. The location of buildings, other facilities,
setbacks adopted by this initiative and the nature of the organic agricultural
operation will make it compatible with surrounding uses. The Project adequately
protects agricultural uses and values through its status as infill development
in an area already developed or approved for development, already served by
major transportation corridors and already in an urban service area, and through
its inclusion of an organic farm and farmer’s market. The landowners have
expended substantial efforts to cooperate with the City of San Luis Obispo in
proposing development within the urban service and urban reserve lines. The
limitations on development enacted by this initiative, and the amount of
development allowed would potentially allow future annexation to the City as
well as for development in the County, and will not conflict with City
development patterns if annexed into the City at some time in the future. The
Project includes appropriate service systems for the level and type of
development proposed, and the water supply and onsite sewage disposal systems
will be designed to potentially allow for connection to the city’s
municipal systems should annexation occur at some time in the future. The
projected water demand is less than the demand of the current agricultural uses.
Removing land from the agriculture category will not adverse affect water
supplies or quality, or groundwater recharge capability needed for remaining
agricultural uses. The change in land use category will not materially reduce
the groundwater recharge.
D. The Project’s treatment of historic
and potentially historic resources is appropriate and acceptable. Conditions
ensure that the Project will enhance historic resources by rehabilitating and
relocating the historical barn and Dalidio farm house and making them accessible
to the public. These enhancements more than offset the disturbance of historic
and potentially historic resources. The project preserves the existing riparian
area and sensitive habitat.
E. We find and declare that development of
an infill project in a manner comparable to surrounding properties is
appropriate. The Project will recognize land ownership rights, will promote
smart growth principles, and will allow the owners of the property to utilize
their land in a manner that is consistent with the surrounding
properties.
SECTION 2: DALIDIO RANCH GENERAL PLAN
AMENDMENT.
The people of the County of San Luis Obispo amend the
General Plan of San Luis Obispo County as follows:
A. Dalidio Ranch Land Use Category
Amendment
The Land Use Element-Circulation Element San Luis Obispo County General
Plan, San Luis Obispo Area Plan, revised January 1, 2003, is amended. The
following text is added immediately above the heading “Agriculture”
on page 4-21, in Part C (entitled “San Luis Obispo Urban Area”) of
Chapter 4 of the San Luis Obispo Area Plan. This text shall be printed in the
General Plan in close proximity to reproductions of Attachments C and D to this
initiative measure:
Dalidio Ranch
The Dalidio Ranch land use category applies to the property, which is
commonly known as the Dalidio Ranch and bounded by Highway 101 on the east,
Madonna Road on the west, the Promenade Shopping Center on the north, Perfumo
Creek, and existing and future auto dealerships on the south, that is more
particularly described in Attachment A to the Dalidio Ranch Initiative. The only
zoning district that is consistent with this land use category is the Dalidio
Ranch zoning district.
This land use category permits a mix of commercial, open space, hotel and
residential uses as generally depicted in Attachment C to the initiative
utilizing improvements generally as illustrated in Attachment D. The land uses
allowed in this land use category are as follows:
Dalidio Ranch Retail Commercial Subarea Uses:
• Not more than 530,000 square feet of interior commercial or retail
space.
• Not more than 30,000 square feet of outdoor sales space, including
garden centers but excluding the farmers’ market referenced
below.
• The 530,000 square feet shall be distributed on the site so as not
to exceed a total floor-area-ratio of 3, and the height of any such structure,
except a water tower, shall not exceed 35 feet to top-of-wall and 45 feet to the
top of any architectural feature.
• A 150-room 4-story hotel.
• The footprints of the buildings shown on Attachment D are
illustrative. The actual footprints of the constructed building may vary so long
as no building exceeds 140,000 square feet.
Dalidio Ranch Conservation Open Space, Recreational And Organic
Agricultural Subarea Uses
• Up to two soccer fields.
• A family oriented recreational area.
• An organic agricultural operation that is a minimum of 13 acres,
and incidental facilities including agricultural support buildings.
• A farmers’ market and incidental facilities.
• Setting for historic resources such as the Victorian House and Barn
at the site.
• Private and public Dalidio Ranch conservation open space.
• Dalidio Ranch trails, including portions of the Bob Jones
Trail.
• Resource viewing areas
Dalidio Ranch Residential Subarea Uses
• A maximum of sixty residential units with a density equal to 15 to
18 units per acre.
Dalidio Ranch Business Park Subarea Uses
• Up to 198,000 square feet of office on 8.9 acres.
• Maximum height of 35 feet to top-of-wall and 45 to the top of
architectural features.
• Maximum floor-area-ratio is 1.5.
Dalidio Ranch Community Facilities Uses
• Onsite infrastructure designed to serve any allowed uses, including
detention and other stormwater facilities and a water reuse facility.
Such uses as support of facilitate the uses listed above.
The boundaries of the subareas and the improvements depicted for each use
within a subarea may vary from those shown on Attachments C and D so long as the
total area devoted to any particular use is not increased by more than five
percent, and so long as the geographic relationship between the various uses
does not change.
For purposes of this Dalidio Ranch Land Use Category, the following
definitions and conventions apply:
Building Height shall be measured as the vertical distance from the average
level of the highest and lowest points of that portion of the lot or building
site covered by the building to the topmost point of the structure, excluding
architectural features, chimneys or vents.
Floor area includes the total floor area of each floor of all buildings on
a site, including internal circulation, storage and equipment space, as measured
from the outside faces of the exterior walls, including enclosed halls, lobbies,
stairways, elevator shafts, enclosed porches and balconies.
Floor-area-ratio is a fraction with the floor area of the buildings being
the numerator and the denominator being the area of the Zoning Subarea in which
the buildings are located.
To ensure that development of the Dalidio Ranch Project is subject only to
express, objective standards and ministerial actions that cannot be changed by
subsequent discretionary actions or interpretations, development on land within
this land use category shall be subject solely to State Law, General Plan
provisions applicable to the Property and the following:
• the provisions of the Dalidio Ranch zoning district, which are
contained in Article 9.5, chapter 22.113 of Title 22 of the County Code;
• grading and building standards of Title 19 of the County Code that
are applicable to all development in San Luis Obispo County;
• Title 18 of the County Code, entitled “Public Facilities
Fees”; and
• Title 20 of the County Code, entitled “Street Address
Ordinance.
Building and grading permits shall be issued provided only that the
applications for such permits comply with these provisions and regulations. No
other existing or later-adopted regulation, guideline, ordinance, or San Luis
Obispo County Code provision (including without limitation the chapters of Title
22 other than Article 9.5, and the Growth Management Ordinance) which purports
to regulate or guide land use or development, shall be applicable to development
on land designated under the Dalidio Ranch land use category.
B. Technical Conforming Amendments to General
Plan
Additional technical, conforming amendments, to ensure that the Dalidio
Ranch land use category and the Dalidio Ranch Project are consistent with and
implement County goals, policies, objectives and implementation measures, are
set forth in Attachment E.
SECTION 3: DALIDIO RANCH
REZONING
The people of the county of San Luis Obispo enact the
Dalidio Ranch Rezoning, as follows:
A. Creation of the Dalidio Ranch Zoning
District
Title 22 of the San Luis Obispo County Code and the zoning map are amended
to create the Dalidio Ranch zoning district, and to apply it to the Property. A
new Article 9.5, containing a new Chapter 22.113, is added to Title 22 of the
San Luis Obispo County Code, as set forth below.
Article 9.5
CHAPTER 22.113. Dalidio Ranch Zoning District
22.113.010. This chapter provides standards and regulations for development
within the Dalidio Ranch zoning district. This chapter was enacted by
initiative. Notwithstanding any other provision of the County Code, and to
ensure that development of the Dalidio Ranch Project is subject to express,
objective standards that cannot be changed through subsequent discretionary
actions or interpretations, the Dalidio Ranch zoning district shall be and is
deemed a new zoning district that exists independent of other zoning
requirements, including the balance of Title 22. Land subject to the Dalidio
Ranch zoning district shall not be subject to any provision of San Luis Obispo
County Code that purports to regulate or guide land use or development, except
those contained in this Chapter 22.113.
22.113.020 No development shall occur within the Dalidio Ranch zoning
district unless it is consistent with the Dalidio Ranch land use category of the
General Plan and this Chapter 22.113. If an application is presented for
development that is consistent with the Dalidio Ranch land use category, this
Chapter 22.113, and grading and building standards of Title 19 of the County
Code that are applicable to all development in San Luis Obispo County, then the
application shall be ministerially granted. Certificates of occupancy shall also
issue ministerially provided only that construction conforms to county-wide
building and grading requirements for issuance of such certificates, and to the
regulations of the Dalidio Ranch zoning district. No additional approvals or
entitlements, including but not limited to departmental review approval,
conditional use permit, land use permit, minor use permit, any approval or
requirement of the resource management system, any approval of requirement of
the growth management ordinance, development plan, planned development,
variance, plot plan approval, zoning clearance, site plan approval, site plan
review, minor use permit, or any other review or entitlement purporting to
regulate or guide land use or development shall be required by the County to
develop the project described in such application.
22.113.030 Development within the Dalidio Ranch zoning district shall be
subject to the conditions listed in Attachment F of the Dalidio Ranch
Initiative, which include provisions relating to funding for traffic
improvements, phasing that ensures timely development of community amenities,
and restrictions and limitations upon development. The County shall have
available to it for enforcing the conditions listed in Attachment F the same
enforcement mechanisms as it would have for conditions of approval of other
development projects, except that the County shall not have the power to revoke,
repeal, amend or stay the Dalidio Ranch General Plan Amendment or the Dalidio
Ranch Rezoning. Upon request of the owner of the affected portion of the
Property, the County shall administer and apply the conditions and restrictions
set forth in Attachment F in the same manner and according to the same processes
as are used to administer and apply conditions of approval imposed on all other
development projects in the County, including the substitution of equivalent
measures, without the need for a vote of the people.
22.113.040 The Dalidio Ranch zoning district provides for seven subareas in
order to address the varied uses and characteristics of the project site.
Attachment C illustrates the location and boundaries of each of the subareas and
Attachment D illustrates the planned improvements. A listing of the subareas is
provided below and the following sections identify development standards and
allowable uses for each subarea. The footprints of the buildings shown in the
commercial/retail subarea on Attachment D are illustrative. The actual
footprints of the constructed building may vary so long as no building exceeds
140,000 square feet. The boundaries of the subareas and the improvements
depicted for each use within a subarea may vary from those shown on Attachment C
so long as the total area devoted to any particular use is not increased by more
than five percent, and so long as the geographic relationship between the
various uses does not change.
22.113.041 Dalidio Retail-Commercial (DRC)
Purpose and application.
The DRC subarea is intended to provide for a wide range of retail sales,
business, personal, and professional services, as well as recreation,
entertainment, and transient lodging. The land uses allowed in this zone will
generally serve the entire community and the region, as well as tourists and
travelers, complemented by neighborhood serving commercial retail uses and
services.
Property development standards.
The property development standards for the DRC subarea are as
follows:
A. Maximum density: A maximum of 150 rooms for hotel or motel
uses.
B. Maximum height: 35 feet to top of structure and 45 feet to top of
architectural feature. This limitation does not apply to hotel or motel uses. A
hotel or motel may be up to 4 stories plus mechanical equipment and elevator
shafts.
C. Maximum coverage: 100%.
D. Maximum floor area ratio: The ratio of gross building floor area to
site area (defined as the area of the DRC Subarea) shall not exceed 3.0. The
maximum floor ratio area does not apply to a hotel or motel.
E. Parking requirements: Commercial center: 1 space per 250 square feet of
use area; Hotels/motels: 2 spaces, plus 1 per unit, plus 1 per 10
units
F. Minimum and maximum building size and configuration:
1. Commercial Retail Uses. Not more than 530,00 square feet of retail uses
with no one building larger than 140,000 square feet. Major retail tenants with
combined space up to 415,000 square feet. Up to 6 major tenants in spaces no
smaller than 20,000 square feet.
G. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Automobile Service Stations/Gas
Stations
Banks & Financial Services
Business Support
Services
Building Materials & Hardware
Car Wash
Financial
Services
Furniture, Home Furnishings & Equipment
General
Retail
Grocery Stores
Health Care Services
Indoor Amusements and
Recreation
Mail Order & Vending
Lodging – Bed & Breakfast
Inns, 4 or more units
Lodging – Hotels & Motels, 39 or less
units
Lodging – Hotels & Motels, 40 or more units
Lodging
– Hotels & Motels, condominium
Offices
Offices –
Temporary
Outdoor retail sales
Personal Services
Repair Services
– Consumer Products
Restaurants
Roadside Stands
Storage
– Accessory
Temporary Construction Yards (off-site)
Temporary
Events
Entertainment
22.113.042 Dalidio Business Park (DBP)
Purpose and application.
The DBP subarea is intended to provide for offices and business services,
convenient to public transportation and commercial uses and services.
Property development standards.
The property development standards for the DBP subarea are as
follows:
A. Maximum density: No dwelling units are allowed.
B. Yards: Front Yard Setback shall be 20 feet
C. Maximum height: 35 feet to top of structure plus mechanical equipment
and 45 feet to top of architectural feature.
D. Maximum coverage: 75%.
E. Maximum floor area ratio: The ratio of gross building floor area to
site area (defined as the area of the DBP Subarea) shall not exceed
1.5.
F. Parking requirements: Parking shall be reasonably consistent with
parking for comparable uses in the surrounding area.
G. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Banks & Financial Services
Business
Support Services
Health Care Services
Mail Order &
Vending
Offices
Offices – Temporary
Personal
Services
Repair Services – Consumer Products
Storage –
Accessory
Temporary Construction Yards (off-site)
Temporary
Events
22.113.043 Dalidio Residential (DR)
Purpose and application.
The DR subarea is intended primarily to provide housing opportunities for
smaller households desiring little private open space and to provide various
types of group housing. This area is close to commercial and recreational
facilities serving the whole community.
Property development standards.
The property development standards for the MR subarea are as
follows:
A. Maximum density: 18 dwelling units per net acre.
B. Maximum number of dwellings units: 60 dwelling units.
C. Yards: Front Yard shall be 20 feet
Rear Yard shall be 10 feet
Other Yards shall be 5 feet
Yard setbacks for common interest developments shall only apply to project
perimeter.
D. Maximum height: 35 feet.
E. Maximum coverage: 60%.
F. Parking requirements: Resident Parking: 1 space per one bedroom or
studio unit, 1.5 spaces per two bedroom units, 2 spaces per three or more
bedrooms, plus Guest Parking: 1 space, plus 1 space for each 4 units, or
fraction thereof.
G. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Caretaker Residence
Home
Occupations
Multi-Family Dwellings
Residential Accessory
Uses
Secondary Dwellings
Single-Family Dwellings
Temporary
Construction Trailer Parks
Temporary Dwellings
Temporary
Events
22.113.044 Dalidio Organic Agricultural (DOA)
Purpose and application.
The DOA subarea is intended to encourage conservation of agricultural lands
and the continuation of agricultural uses compatible with urban development.
Agriculturally-related uses such as farmers markets are also allowed as a
companion use.
Property development standards.
The property development standards for the DOA subarea are as
follows:
A. Maximum density: No dwelling units allowed (except for a single
caretakers unit or farm support quarters).
B. Parking requirements: Improved off-street parking and loading spaces
are allowed only as necessary to satisfy on-site uses
C. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Ag Processing
Agricultural Accessory
Structures
Caretaker Residence
Crop Production
Outdoor Retail Sales
(includes Farmers Markets)
Storage - Accessory
Temporary
Events
Organic Food Service
22.113.045 Dalidio Conservation/Open Space (DCOS)
Purpose and application.
The DCOS sub-area applies to an area most suitable for open space uses
because of topography, geology, vegetation, soils, wildlife habitat, scenic
prominence, or flood hazard. The DCOS sub-area is intended to prevent exposure
of urban development to unacceptable risks posed by natural hazards and to
protect natural resources from disruptive alterations.
Property development standards and Allowable Uses.
The property development standards for the DCOS sub-area are as
follows:
The use of this sub-area is limited to resource conservation, including
conservation of the riparian area, trees and related animal and plant biological
resources. Public viewing of the resources is allowed. Also, use of the sub-area
for a portion of the Bob Jones Trail is allowed. Improvements related to these
uses are limited to pathways, seating, signage, storage buildings, viewing
platforms and similar such improvements.
22.113.046 Dalidio Recreation (DROS)
Purpose and application.
The DROS sub-area is intended to provide for sports, active recreational
uses or civic uses.
Property development standards.
The property development standards for the DROS subarea are as
follows:
A. Yards: 20 feet from residential uses. No setbacks from non-residential
uses.
B. Maximum height: N/A.
C. Maximum coverage: N/A.
D. Maximum floor area ratio: N/A
E. Parking requirements: Necessary parking for on-site uses
only.
F. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Outdoor Sports & Recreational
Facilities
Outdoor Athletic Facilities
Recreation Equipment Rental
– Non-motorized
Storage – Accessory
Temporary Construction
Yards (off-site)
Temporary Events
Historic Barn
22.113.047 Dalidio Community Facility (DCF)
Purpose and application.
The DCF subarea is intended for infrastructure in support of the overall
project including a package plant for water and wastewater services. In the
event water and wastewater services are secured from a public agency and the
package plant is not needed to implement the Dalidio Ranch project, this portion
of the DCF subarea may be developed under DROS subarea zoning uses.
Property development standards.
The property development standards for the DCF subarea are as
follows:
A. Yards: N/A
B. Maximum height: N/A.
C. Maximum coverage: N/A.
D. Maximum floor area ratio: N/A
E. Parking requirements: Necessary parking for on-site uses
only.
F. Signs: Signage shall be reasonably consistent with signs for comparable
uses in the surrounding area.
Allowable Uses.
Private Utility Facility
Storage -
Accessory
Temporary Construction Yards (off-site)
Temporary
Events
22.113.048 Dalidio Ranch Allowable Use Definitions
“Ag Processing” means establishments and buildings used
to perform a variety of operations on crops after harvest, to prepare them for
market on-site or further processing and packaging at a distance from the
agricultural area including but not limited to: alfalfa cubing; hay baling and
cuing; corn shelling; drying of corn, nice, hay fruits and vegetables;
pre-cooling and packaging of fresh or farm-dried fruits and vegetables; grain
cleaning and custom grinding; custom grist mills; custom milling of flour, feed
and grain; sorting, grading and packing of fruits and vegetables, tree nut
hulling and shelling; cotton ginning; wineries, alcohol fuel production; and
receiving and processing of green material, other than that produced on-site
(commercial composting). Green material is any wastes which are derived from
plant material, including but not limited to leaves, grass clippings, weeds,
tree trimmings or shrubbery cuttings. Note: any of the above activities
performed in the field with mobile equipment not involving permanent buildings
(with the exception of the receiving and processing of green material other than
that produced on-site) are included under “Crop Production and
Grazing.”
“Agricultural Accessory Structure” means an uninhabited
structure or building designed and built to store implements, supplies or
products (not including commercial greenhouses which are included under
“Nursery Specialties,” or buildings for agricultural processing
activities) that contains no residential use and is not open to the public. Also
includes greenhouses engaged in agricultural research as the primary use.
Agricultural Accessory Structures can also include but not be limited to wind
and solar powered devices used for direct climate control, and water pumping or
other conversion of wind or solar energy to mechanical or thermal power used
on-site. Wind energy conversion machines for electric power generation are
separately defined. Includes barns, grain elevators, silos, and other similar
buildings and structures.
“Automobile Service Stations and Gas Stations” means
retail trade establishments primarily engaged in the sale of gasoline, which may
also provide lubrication, oil change and tune-up services and the sale of
automotive products incidental to gasoline sales. May also include accessory
towing, mechanical repair services and trailer rental, but does not include
storage of wrecked or abandoned vehicles, paint spraying body and fender work.
Does not include the retail sale of gasoline as a subordinate service to food
and beverage retail sales when limited to not more than two pumps.
“Building Materials and Hardware” means retail trade
establishments primarily engaged in selling lumber and other building materials
including paint, wallpaper, glass, hardware, nursery stock, lawn and garden
supplies. Includes all such stores selling to the general public, even if
contractor sales account for a larger proportion of total sales. Also includes
incidental retail ready-mix concrete operations.
“Business Support Services” means service establishments
primarily within buildings, providing other businesses with services including
maintenance, repair and service, testing, rental, etc., also including: outdoor
advertising services; mail advertising services (reproduction and shipping);
blueprinting, photocopying, photofinishing, commercial art and design
(production); film processing laboratories; services to structures such as
window cleaning, exterminators, janitorial services; heavy equipment and
business equipment repair services including welding repair and armature
rewinding and repair (except vehicle repair); computer related services (rental,
repair, and maintenance); research and development laboratories, including
testing facilities; soils and materials testing laboratories; protective
services (other than office related); equipment rental businesses that are
entirely within buildings (not equipment rental yards), including leasing tools,
machinery and other business items except vehicles; trading stamp services, and
other business services of a “heavy service” nature.
“Caretaker Residence” means a permanent residence that
is secondary or accessory to the primary use of the property. A caretaker
dwelling is used for housing a caretaker employed on the site of any
non-residential use where a caretaker is needed for security purposes or to
provide twenty-four-hour care or monitoring of people, plants, animals,
equipment, or other conditions on the site.
“Crop Production” means encompasses the following
overall crop types and activities as indicated:
a. “Specialty Crops” means strawberries, herb crops, flower
seed and cut flower crops (open field), kiwi vines, edible pod peas, bushberry
crops, Christmas trees and other outdoor ornamentals, intensive horticulture,
sod farms, clover seed, hops, and wholesale nurseries (see separate
definition).
b. “Row Crops” means all vegetable truck crops except edible
pod peas. Includes lima and snap beans.
c. “Orchards” means all fruit and nut tree crops, does not
include kiwi, berry, or other vine crops.
d. “Field Crops” means beans other than snap or lima beans,
barley, oats, safflower, wheat, grain and hay including alfalfa, silage and
grain corn, sugar beets, melons, cotton.
e. “Rangeland” means grazing of livestock on grasses without
irrigation.
f. “Pasture (irrigated)” means grazing of livestock on
irrigated grasses.
g. “Vineyards” means grapevines.
h. “Preparation for Cultivation” means land-contouring,
clearing, irrigation construction and other preparation of soil for crops.
i. “Field Processing” means mechanical processing of crops in
the field at harvest, when such activities do not involve a permanent structure.
Such activities include but are not limited to hay baling and field-crushing of
grapes.
“Farm Support Quarters” means includes residences,
rooming and boarding houses and mess halls for farm workers employed on and near
land owned by the owner of the building site on which the quarters are
located.
“Financial Services” means service establishments
primarily engaged in the field of finance, including: banks and trust companies;
lending and thrift institutions, credit agencies; brokers and dealers in
securities and commodity contracts; security and commodity exchanges; holding
(but not predominately operating) companies; and other investment companies;
vehicle finance (equity0 leasing agencies.
“Furniture, Home Furnishings and Equipment” means retail
trade establishments primarily engaged in selling home furnishings such as
furniture, floor coverings, draperies, glass and chinaware, domestic stoves,
refrigerators, other household electrical and gas appliances including
televisions and home sound systems and outdoor furniture such as lawn furniture,
movable spas and hot tubs. Establishments selling electrical and gas appliances
are included only if the major part of their sales consist of articles for home
use. Also includes the retail sale of office furniture and large musical
instruments.
“General Retail” means retail trade establishments
including department stores, variety stores, drug and discount stores, general
stores, etc., engaged in retail sales of many lines of new and used merchandise,
including: dry goods; apparel and accessories; small wares; sporting goods and
equipment; bicycles and mopeds, musical instruments, arts and accessories. Also
includes sales of miscellaneous shopping goods such as: books; stationery;
jewelry; hobby materials, toys and games; cameras and photographic supplies;
gifts; novelties and souvenirs; luggage and leather goods; fabrics and sewing
supplies; florists and houseplant stores; cigar and newsstands; artists
supplies; orthopedic supplies; religious goods handcrafted items (stores for
which may include space for crafting operations when such area is subordinate to
retail sales); and other miscellaneous retail shopping goods.
“Grocery Stores” means retail trade establishments
primarily engaged in selling food for home preparation and consumption, as well
as the retail sale of packaged alcoholic beverages for consumption off the
premises, including wine tasting facilities which are not on the same site as
the winery. Establishments (except for wine tasting facilities) may include no
more than two gas pumps as an accessory use.
“Health Care Services” means service establishments
primarily engaged in furnishing medical, mental health, surgical and other
personal health services including: medical, dental and psychiatric offices
(mental health-related services including various types of counseling practiced
by licensed individuals other than medical doctors or psychiatrists, or
unlicensed individuals, are included under offices); medical and dental
laboratories; out-patient care facilities; chiropractic offices and allied
health services. Associations or groups primarily engaged in providing medical
or other health services to members are included. Also includes hospitals and
similar establishments primarily engaged in providing diagnostic services,
extensive medical treatment including surgical and other hospital services; such
establishments have an organized medical staff, inpatient beds, and equipment
and facilities to provide complete health care. Nursing homes and similar
long-term personal care facilities are not included in this
classification.
“Home Occupations” means the gainful employment of the
occupant of a dwelling, with such employment activity being subordinate to the
residential use of the property, and there is no display, no stock in trade, or
no commodity sold on the premises, and no persons employed other than residents
of the dwelling.
“Indoor Amusements and Recreation” means establishments
providing indoor amusement or entertainment for a fee or admission charge, such
as: arcades containing coin operate amusements and/or electronic games (five or
more such games or coin-operated amusements in any establishment constitutes an
arcade in compliance with this definition, four or less are not considered a
land use separate from the primary use of the site); card rooms, billiard and
pool halls; bowling alleys; ice skating and roller skating; dance halls, clubs
and ballrooms which are principal uses rather than being subordinate to an
eating or drinking place; gymnasiums, reducing salons, health and athletic clubs
including indoor sauna, spa or hot tub facilities; tennis, handball,
racquetball, indoor archery and shooting ranges and other indoor sports
activities.
“Lodging - Bed and Breakfast Inns” means residential
structures with one family in permanent residence where bedrooms without
individual cooking facilities are rented for overnight lodging, where meals may
be provided subject to applicable county health department regulations. Does not
include “Homestays” and “Hotels and Motels,”
“Lodging - Hotels, Motels” means commercial transient
lodging establishments including hotels, motor hotels, motels, tourist courts or
cabins, primarily engaged in providing overnight or otherwise temporary lodging,
with or without meals, for the general public. Includes the preceding lodging
establishments where developed as planned developments, or condominiums. Also
includes accessory guest facilities such as swimming pools, tennis courts,
indoor athletic facilities, and accessory meeting and conference facilities,
etc.
“Mail Order and Vending” means establishments primarily
engaged in retail sale of products by catalog and mail order. Also includes
vending machine distributorship and suppliers. Does not include product
manufacturing, which is included under the applicable manufacturing
use.
“Multi-Family Dwellings” means includes a building or a
portion of a building used and/or designed as a residence for two or more
families living independently of each other. Includes: duplexes, triplexes and
apartments; attached ownership units such as condominiums, PUDs and townhouses;
and rooming and boarding houses (a residential structure where rooms are rented
for short or long-term lodging where at least one meal daily is shared in common
dining facilities, with ten or fewer beds for rent).
“Nursery” means facility for propagation and/or sale of
horticultural or ornamental plant materials and related products
including:
a. “Retail Nursery” means a nursery offering products to the
general public, including plant materials, planter boxes, fertilizer, garden
tools, and related items.
b. “Wholesale Nursery” means a nursery that sells plant
materials raised on the same site to other businesses.
c. “Accessory Nursery” means a nursery that is developed as a
subordinate use to a principal or main building.
d. “Greenhouse” means a nursery facility for indoor propagation
of plants, constructed with transparent panels, including lath houses.
“Nursery Specialties” means agricultural establishments
primarily engaged in the production of ornamental plants and other nursery
products, grown under cover or outdoors. Also includes establishments engaged in
the sale of such products (e.g., wholesale and retail nurseries) and commercial
scale greenhouses.
“Offices” means professional or government offices
including: engineering, architectural and surveying services; real estate
agencies; non-commercial educational, scientific and research organizations;
accounting, auditing and bookkeeping services; writers and artists; advertising
agencies; photography and commercial art studios; employment, stenographic,
secretarial and word processing services; quick printing, copying and
blueprinting services; reporting services; data processing and computer
services; management, public relations and consulting services; detective
agencies and similar professional services; attorneys; and counseling services
(other than licensed psychiatrists which are included under “Health Care
Services”); and government offices including agency and administrative
office facilities, and local post offices when located in facilities developed
by private parties for occupancy by the postal service or other operator (does
not include bulk mailing distribution centers, which are included under
“Vehicle and Freight Terminals”). Does not include medical offices
(which are allowed under “Health Care Services”) or offices that are
incidental and accessory to another business or sales activity which is the
principal use. Incidental offices are allowed in any land use category as part
of an approved principal use.
“Offices, Temporary” means a mobilehome, recreational
vehicle or modular unit used as: a temporary business or construction office
during construction of permanent facilities on the same site or as an office on
the site of a temporary off-site construction yard; a temporary on-site real
estate office for a development project; or a temporary business office in
advance of permanent facility construction.
“Outdoor Retail Sales” means temporary retail trade
establishments including: farmer’s markets; sidewalk sales; seasonal sales
involving Christmas trees, fireworks, pumpkins or other seasonal items;
semiannual sales of art or handcrafted items in conjunction with community
festivals or art shows; and retail sales or various products from individual
motor vehicles in temporary locations outside the public right-of-way, not
including bakery, ice cream and similar vending vehicles that conduct all sales
within the right-of-way and do not stop in any location except on customer
demand. Does not include flea markets or swap meets.
“Outdoor Sports and Recreation Facilities” means
facilities for various outdoor sports and recreation, including: amusement,
theme and kiddie parks; golf courses, golf driving ranges and miniature golf
courses; skateboard parks and water slides; go-cart and miniature auto race
tracks; recreation equipment rental (e.g. bicycles and roller skates equipment);
health and athletic clubs with predominately outdoor facilities; tennis courts,
swim and tennis clubs; play lots, playgrounds and athletic fields
(non-professional); recreation and community centers.
“Personal Services” establishments primarily engaged in
providing non-medically related services generally involving the care of persons
including beauty and barber shops; shoe repair shops; saunas and hot tubs;
laundromats (self-service laundries); dry cleaning pick-up stores and
small-scale dry cleaners without pick-up and delivery services; clothing rental;
dating and escort services; funeral parlors and related facilities. These uses
may also include accessory retail sales of products related to the services
provided.
“Private Utility Facility” means onsite utilities
including a wastewater facility and domestic water package plant to support the
Dalidio Ranch water and wastewater demands.
“Repair Services - Consumer Products” means service
establishments where repair of consumer products is the principal business
activity, including: electrical repair shops; television and radio and other
appliance repair; watch, clock and jewelry repair; re-upholstery and furniture
repair. Does not include shoe repair (included under “Personal
Services”). Does not include repair or services incidental and accessory
to retail sales. Does not include businesses serving the repair needs of heavy
equipment.
“Residential Accessory Uses” means includes any use that
is customarily part of a residence and is clearly incidental and secondary to a
residence and does not change the character of the residential use. Residential
accessory uses include the storage of vehicles and other personal property, and
accessory structures including swimming pools, workshops, studios, greenhouses,
garages, and guesthouses (without cooking or kitchen facilities). Includes
non-commercial TV and radio broadcasting and receiving antennas, including
equipment for satellite broadcast reception.
“Restaurants” means establishments selling prepared
foods and drinks for on-premise or off-premise consumption. Also includes
drive-in and drive-through restaurants, lunch counters and refreshment stands
selling prepared goods and drinks for immediate consumption. Restaurants, delis
and lunch counters operated as subordinate service facilities within other
establishments are not included here unless they are operated as leased
departments by outside operators.
“Roadside Stands” means open structures for the retail
sale of agricultural products (except hay, grain and feed sales-included under
Farm Equipment and Supplies), located on the site or in the area of the property
where the products being sold were grown. Does not include field sales or
agricultural products, which is included under “Crop Production and
Grazing.”
“Secondary Dwelling” means a second permanent dwelling
that is accessory to a primary dwelling on a site.
“Single-family Dwelling” means a building designed for
an/or occupied exclusively by one family. Also includes attached ownership units
using common wall development or airspace condominium ownership, where a
proposed site qualifies for planned development through designation by planning
area standard or through compliance with any planned development or cluster
division standards of this Title. Also includes factory-built housing.
“Storage, Accessory” means the indoor or outdoor storage
of various materials on the same site as a principal building or land use which
is other than storage, which supports the activities or conduct of the principal
use.
“Temporary Construction Trailer Park” means a temporary
recreational vehicle park provided by the developer of a major construction
project to provide short-term construction employees the opportunity to use
recreational vehicles for housing during project construction.
“Temporary Construction Yards” means a storage yard for
construction supplies, materials or equipment, located on a site other than the
construction site itself or immediately adjacent to it, for use only during the
actual construction of a project.
“Temporary Events” means any use of a structure or land
for an event for a limited period of time where the site is not to be
permanently altered by grading or construction of accessory facilities. Events
include but are not limited to art shows, rodeos, religious revivals, tent
camps, outdoor festivals and concerts.
22.113.50 All streets intended for public dedication shall be constructed
to County public road standards, and the owner of each portion of the Property
on which they are located shall offer to dedicate them to the County pursuant to
an offer that allows the County to accept the offer. Streets may be public or
private, as determined by the County in deciding whether to accept any offer of
dedication.
B. Amendment to Maps
Title 22 and all related zoning maps also are amended to remove the
Property from the San Luis Obispo Planning Area, and the planning impact area
for the City of San Luis Obispo, as those terms are used in Title 22. Maps of
those areas included in Title 22, including Figure 108-2 on page 9-186, are
amended to substitute the diagram in Attachment C for the area of such maps that
depicts the Property, and to include the notation “the Dalidio Ranch is
subject only to the provisions of Chapter 22.113 of this Code.”
C. Removal From San Luis Obispo Area
Zoning
Section 22.108.010 of the San Luis Obispo County Land Use Ordinance is
amended as follows:
22.108.010 Purpose and Applicability
This Chapter provides standards for proposed development and new land uses
that are specific to the San Luis Obispo planning area defined by the Land Use
Element, which does not include the Dalidio Ranch Zoning District addressed
in Chapter 22.113 of this Code. These standards apply to proposed
development and new land uses as provided by Section 22.90.020 (Applicability),
and are organized according to the specific areas and/or land use categories
within the planning area to which they apply.
D. Incorporated Conditions of
Approval
The conditions of approval of the Dalidio Ranch Rezoning are set forth in
Attachment F and by this reference incorporated herein.
SECTION 4:
INTENT AND IMPLEMENTATION OF THIS MEASURE
A. Determining Consistency.
To ensure that our intent prevails, and to ensure that development of the
Dalidio Ranch Project is subject to express, objective standards that cannot be
changed through subsequent discretionary actions or interpretations, words shall
be interpreted according to the intent expressed in this initiative measure, and
shall be applied according to their plain meaning, rather than according to the
provisions of Chapter 22.02 of the San Luis Obispo County Code. Determinations
of consistency of the Project and of any proposed construction with the General
Plan and zoning regulations of the County, (including Title 22 and any other
provisions of the County Code that might be argued to be applicable) shall be
limited to a determination of consistency with the Dalidio Ranch land use
category and zoning district, as adopted by this Initiative.
B. Amendment.
The chapter, pages, and sections set forth in this initiative measure may
be renumbered by County staff or by subsequent recodification by the Board of
Supervisors, so long as the zoning regulations enacted by this initiative remain
a separate, standalone, separately numbered chapter of the zoning and/or land
use ordinance of the San Luis Obispo County Code, and so long as the renumbering
effects no substantive change. County staff or the Board may also make clerical
changes to reproduce or relocate any text or diagram of this initiative measure
in a logical manner (such as reproducing a copy of Attachment A, B, C, D or E in
the General Plan or zoning code next to the text to which it relates), so long
as doing so effects no substantive change. The conforming amendments set forth
in Attachment E may be amended, supplemented or repealed according to the same
procedures that would apply if this initiative measure had not been enacted,
provided that doing so does not result in any provisions inconsistent with the
remainder of this initiative measure. Corrections may be made to fix any
typographical or clerical errors in this initiative, without a vote of the
people, provided that doing so effects no substantive change. No other part of
this initiative measure may be altered, amended or supplemented, except upon a
subsequent vote of the voters, or upon application of a landowner of all or a
portion of the Property as to property then owned by that landowner, which
application is approved by the Board of Supervisors.
C. Effective Date.
This initiative measure shall be considered adopted and effective upon the
earliest date legally possible, and in no event later than 10 days after the
date the vote is declared by the Board of Supervisors as provided in Elections
Code section 9122.
D. Voting Date.
We, the voters, request that the measure be placed on the ballot for the
General Election in November 2006, regardless whether sufficient signatures are
obtained on the petition containing this initiative measure to otherwise permit
a special election.
E. Statute of Limitations.
Unless a shorter statute is enacted by the State Legislature, all
provisions of this initiative measure shall be deemed a general plan amendment
and/or rezoning decision subject to Government Code section 65009(c), and no
action or proceeding challenging all or any part of this initiative measure
shall be maintained unless commenced and service made within 90 days of the date
the vote on this initiative measure is declared by the Board of
Supervisors.
F. Severability.
If any word or words of this initiative measure, or its application to any
situation, are held invalid or unenforceable, in a final judgment that is no
longer subject to rehearing, review or appeal by a court of competent
jurisdiction, then the word or words are severed, and the remaining parts of
this initiative measure, and the application of any part of this initiative
measure to other situations, shall continue in full force and effect. We, the
people of San Luis Obispo County, declare that we would have adopted this
initiative measure, and each word of it, irrespective of the fact that any other
word, condition, or application to any situation, be held invalid. It is our
intent that any portion of this initiative measure that can lawfully be
implemented be implemented, even if doing so would not permit development of the
Dalidio Ranch Project and even if doing so would otherwise appear trivial or
inconsequential.
G. Incorporation of Attachments.
All attachments are incorporated by reference and comprise part of this
initiative measure. These attachments are listed below for ease of
reference:
Attachment A: Legal Description of the
Property.
Attachment B: Project Boundary and Context
Map
Attachment C: Land Use Subarea Designations.
Attachment D:
Master Site Plan
Attachment E: Conforming General Plan
Amendments
Attachment F: Conditions of Approval
ATTACHMENT A
DESCRIPTION
PARCEL 1:
That portion of Lot 64 of the Subdivisions of the Rancho
Canada de Los Osos and La Laguna, in the County of San Luis Obispo, State of
California, according to map filed for record in Book A, Pages 83 and 84 of
Maps, in the Office of the County Recorder of said County, described as
follows:
Beginning at the Northeast corner of said Lot 64; thence North
55 1/2º West, 10.10 chains to post marked M.R. No. 3; thence South 41º
24′ West, 19.96 chains to post marked M.R. No. 4; thence South 55
1/2º East, 15.25 chains to the Southeast corner of said Lot 64; thence
North 26 1/2º East, 20.00 chains to the Point of
Beginning.
EXCEPTING therefrom that portion conveyed to the State of
California, by deed dated October 15, 1947 and recorded December 18, 1947 in
Book 464, Page 87 of Official Records.
PARCEL 2:
That portion of
Lot 65 of the subdivisions of the Rancho Canada de Los Osos and La Laguna, in
the County of San Luis Obispo, State of California, according to map filed for
record in Book A, Pages 83 and 84 of Maps, in the Office of the County Recorder
of said County, described as follows:
Beginning at the Northeast corner
of said Lot 65; thence North 55 1/2º West, 12.19 chains; thence South 50
1/2º West, 19.42 chains to a point in the line of fence; thence along said
fence, South 55 1/2º East, 20.15 chains to post on the Southeast line of
said Lot; thence Northerly 18.90 chains to the Point of
Beginning.
EXCEPTING therefrom that portion conveyed to the State of
California, by deed dated October 15, 1947 and recorded December 18, 1947 in
Book 464, Page 87 of Official Records.
PARCEL 3:
All of Lot
“K” of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65 as per
J. T. Stratton’s Survey and map of the Subdivisions of the Ranchos Canada
de Los Osos and La Laguna, in the County of San Luis Obispo, State of
California, according to map filed for record January 30, 1875 in Book A, Page
161 of Maps, in the Office of the County Recorder of said
County.
EXCEPTING therefrom that portion conveyed to United States Postal
Service by deed dated August 5, 1980 and recorded September 5, 1980 in Book
2266, Page 904 through 906 of Official Records as subsequently corrected by a
Grant Deed dated May 7, 1981 and recorded June 10, 1981 in Book 2332, Page 318
through 320 of Official Records.
PARCEL 4:
That portion of Lots L,
M and N of the Resubdivisions of Lots 58, 61, 62, 63, 64, and 65 as per J. T.
Stratton’s Survey and Map of the subdivisions of the Ranchos Canada de Los
Osos and La Laguna, in the County of San Luis Obispo, State of California,
according to map filed for record January 30, 1875 in Book A, Page 161 of Maps,
in the Office of the County Recorder of said County, described as
follows:
ATTACHMENT A
DESCRIPTION
Beginning at stake marked “N.N” at the most Southerly corner of
said Lot “L” thence South 55 1/2º East along the Northeasterly
line of said Lot “M”, 3.06 chains to the most Easterly corner of
said Lot “M”, thence South 50 1/2º West along the Southeasterly
line of said Lots “M” and “N”, 19.44 chains to the
Southerly corner of said Lot “N”; thence North 55 1/2º West
along the Southwesterly line of said Lot “N”, 11.12 chains to post
marked “A.E.” at the Easterly corner of Lot “O” of said
subdivisions; thence North 37º West along the Northeast line of said Lot
“O”, 1.42 chains to the center of Foreman Creek and the most
Southerly corner of the lands of Rosa Machado; thence along the center of said
creek and along the Easterly line of the lands of Rosa Machado on the following
courses and distances; North 18 1/4º East, 1.17 chains; North 6 1/4º
West, 2.62 chains; North 13 3/4º East, 2.50 chains; North 18 1/2º
East, 2.50 chains North 13º East, 2.50 chains, North 3 1/2º East, 2.25
chains, North 18º East, 4 chains to the top of the bank as the Easterly
side of a ditch carrying the water out of the Laguna into Foreman Creek; thence
along the Easterly bank of said ditch and the Easterly line of the lands of said
Rosa Machado, North 1 1/4º East, 2.25 chains; North 21 1/2º West, 2.79
chains; North 9º West, 4.21 chains to the Southerly line of the Lost Osos
Road; thence North 62 1/2º East, along the Southerly line of the said road
9.83 chains to a stake marked “M.M.” at the most Northerly corner of
said Lot “L”; thence South 46º East along the lines between
Lots “K” and “L” of said subdivision; 24.72 chains to
post marked “A.L.” at the most Easterly corner of said Lot
“L”; thence South 41 3/4º West along the Southeasterly line of
said Lot “L”, 8.90 chains to the Point of
Beginning.
EXCEPTING from said Parcel 4 that portion thereof conveyed to
Ray C. Skinner, et ux., by deed dated January 12, 1960 and recorded January 29,
1960 in Book 1045, Page 234 of Official Records.
067,121,022
Attachment B



Attachment
E
CONFORMING GENERAL PLAN AMENDMENTS
The following amendments are made to the General Plan. Underlined or
quoted text is new text added by this initiative. Strikeout is text deleted by
this initiative. Headings within this Attachment E are for ease of locating
matters only and shall not be deemed part of the General Plan Amendment enacted
by this initiative.
FRAMEWORK FOR PLANNING (INLAND)
Conforming Amendment Paragraph 1. In the Land Use and Circulation
Elements of the San Luis Obispo County General Plan, Framework for Planning
(Inland) revised January 1, 2003 (“Framework”) the official maps are
amended to designate the Property in the Dalidio Ranch land use category, by
reproducing the diagrams shown in Attachments C and D on the official maps at
the site representing the Property.
Conforming Amendment Paragraph 2. In the Framework, the text
immediately following the heading “General Goals” on page 1-2, in
Chapter 1 (entitled “Introduction to the Land Use Element”) is
amended as follows:
The following goals describe the fundamental purposes for the Land Use
Element and Circulation Element. These general goals provide the basis for
defining the 14 land use categories for determining the land areas to
which they are applied. More detailed goals, objectives and policies that
address specific planning issues are presented in the other chapters of this
report and in the area plans. The provisions of the Land Use and Circulation
Elements are designed to carry out these goals. Proposed amendments to specific
policies or the land use category maps should also carry out these goals. The
policies and provisions of the Land Use Element should:
Conforming Amendment Paragraph 3. In the Framework the text
immediately following the heading “Land Use Categories” on page 6-1,
under part A (entitled “Introduction”) in Chapter 6 (entitled
“Land Use Categories”) is amended as follows:
Fourteen land use categories provide a response to the variety of natural
and man-made features of the landscape, population growth trends and
projections, existing county policies as represented by existing general plans
and zoning, and public attitudes about land use. The land use categories
are:
|
Open Space
|
Recreation
|
|
Agriculture
|
Office and Professional
|
|
Rural Lands
|
Commercial Retail
|
|
Residential Rural
|
Commercial Service
|
|
Residential Suburban
|
Industrial
|
|
Residential Single-Family
|
Public Facilities
|
|
Residential Multi-Family
|
Dalidio Ranch
|
Attachment E
Conforming General Plan Amendments
Conforming Amendment Paragraph 4. In the Framework the table
following the heading “Parcel Size Ranges” on pages 6-4 to 6-6,
under part A (entitled “Introduction”) in Chapter 6 (entitled
“Land Use Categories”) is amended as follows:
|
TABLE N TYPICAL POPULATION DENSITIES, BUILDING
INTENSITIES AND PARCEL SIZE RANGES FOR LAND USE CATEGORIES
|
|
Land Use Category
|
Subdivision Parcel Size Range1
|
Building Intensity5
|
Population Density2
|
LUO Section
|
|
Agriculture
|
320 to 20 acres
|
160 acres to 10 acres per dwelling3 Farm support quarters: 320
to 20 acres per dwelling
|
64 to 4 acres per person
|
22.22.040
|
|
128 to 8 acres per person
|
22.30.480
|
|
Rural Lands
|
320 to 20 acres
|
160 to 10 acres per dwelling
|
64 to 4 acres per person
|
22.22.050 22.10.130A.1.
|
|
Residential Rural
|
20 to 5 acres
|
20 to 5 acres per dwelling
|
8 to 2 acres per person
|
22.22.060
|
|
Secondary dwellings at one dwelling per parcel
|
4 acres to 1 acres per person
|
22.30.470
|
|
Residential Suburban
|
5 acres to 1 acres
|
5 to 1 acre per dwelling
|
2 acres per person to 2.5 persons per acre
|
22.22.070
|
|
Secondary dwellings at one dwelling per parcel
|
1 acre per person to 5 persons per acre
|
22.30.470
|
|
Mobile home parks to 8 dwellings per acre
|
20 persons per acre
|
22.30.440
|
|
Residential Single Family
|
1 acre to 6,000 square feet4
|
1 acre per dwelling to 7 dwellings per acre
|
2.5 to 18 persons per acre
|
22.22.80
|
|
Secondary dwellings at one dwelling per parcel
|
5 to 36 persons per acre
|
22.30.470
|
|
|
1,750 square feet per dwelling for existing parcels
|
62 persons per acre
|
22.10.110 22.10.30
|
|
|
Mobile home parks to 8 dwellings per acre
|
20 persons per acre
|
22.30.440
|
|
Residential Multi-Family
|
1 acre to 6,000 square feet4
|
1 to 38 dwellings per acre
|
2.5 to 95 persons per acre
|
22.22.080
|
|
Mobile home parks to 8 dwellings per acre
|
20 persons per acre
|
22.30.440
|
Attachment E
Conforming General Plan Amendments
|
Recreation
|
20 acres to one acre outside urban and village areas 20 acres to 6,000
sq. ft. inside urban and village areas4
|
40% to 100% site coverage for nonresidential buildings
|
|
|
|
20 acres to one acre per dwelling
|
8 acres per person to 2.5 persons per acre
|
22.22.120
|
|
20 acres per dwelling to 7 dwellings per acre
|
8 acres per person to 18 persons per acre
|
|
|
Mobile home park to 8 dwellings per acre
|
20 persons per acre
|
22.30.440
|
|
8 to 38 multi-family dwellings per acre
|
20 to 95 persons per acre
|
22.30.500
|
|
Office and Professional
|
|
Recreational vehicle parks at 15 dwellings per acre
|
38 persons per acre
|
22.30.440
|
|
40% to 100% site coverage for nonresidential buildings
|
|
|
|
2.5 acres to 6,000 square feet4
|
8 to 38 multi-family dwellings per acre (50% of total floor area of
buildings)
|
1 to 95 persons per acre
|
22.30.490
|
|
Commercial Retail and Commercial Service
|
2.5 acres to 6,000 square feet4
|
1 to 38 dwellings per acre
|
1 to 95 persons per acre
|
22.22.090
|
|
Recreational vehicle parks to 15 dwellings per acre
|
38 persons per acre
|
22.30.30
|
|
Industrial
|
10 acres to 6,000 square feet
|
40% to 100% site coverage for nonresidential buildings
|
|
|
|
1 caretaker dwelling per parcel
|
to 18 persons per acre
|
22.22.100
|
|
Public Facilities
|
Minimum 6,000 square feet
|
|
|
22.22.110
|
|
Dalidio Ranch
|
0 to 20 acres
|
1.5 FAR for business park 3 FAR for commercial park 18 DU per
acre residential
|
45 persons per acre
|
Article 9.5, Chapter 22.113, sections 22.113.010 and following
|
NOTES TO TABLE N:
1. The appropriate minimum parcel size for a new land division within the
ranges shown above shall be based on the characteristics of the site and
vicinity, as determined by the Land Use Ordinance, Chapter 22.22.
2. Population density is based on 2.5 persons per dwelling, per State
Department of Finance, January 1987.
3. Building intensity assumes two primary dwellings on each parcel in the
Agriculture and Rural Lands categories; one primary dwelling allowed on each
parcel in other categories, where secondary dwellings are not allowed as a use
by right but may be permitted by land use permit approval.
4. Condominium parcel sizes are to be established by the Planning
Commission through individual project review, provided the common ownership
parcel is within the range stated here.
5. Building intensity is dependent on the allowable uses within each land
use category, as determined by Articles 2 or 9 or 9.5 of the Land Use
Ordinance, and by the site design standards of the Land Use Ordinance.
6. A project may be approved at a density higher than otherwise allowed for
the applicable land use category by Table N, where the sites conform to the
standards and criteria for the use of TDCs in the Land Use ordinance. [Added
1996, Ord. 2776; Amended 1989, Ord. 2411] and amended by the 2006 Dalidio
Ranch initiative measure.
Attachment E
Conforming General Plan Amendments
Conforming Amendment Paragraph 5. In the Framework the text
immediately following the heading “Description of Land Use
Categories” on page 6-9, in Chapter 6 (entitled “Land Use
Categories”) is amended as follows:
This section describes the 14 land use categories in detail,
including their purpose and intended character. The criteria listed for each
land use category are the basis for determining actual locations where the
categories should be applied.
The statements of purpose and character are to be used as criteria for
evaluating whether a Land Use Element amendment is appropriate for a specific
site, neighborhood or community. The statements of category purpose and
character are not to be used to evaluate development proposals. The purpose
statements are objectives related to the goals in Chapter 1. Character
statements identify suitable features or conditions for the location, extent and
timing of designating a land use category. These statements also are the basis
for establishing allowable uses in Article 2 of the Land Use
Ordinance.
DALIDIO RANCH
The Dalidio Ranch land use category applies to the property that is
commonly known as the Dalidio Ranch, and is bounded by Highway 101 on the east,
Madonna Road on the west, the Promenade Shopping Center on the north, and
existing and future auto dealerships on the south.
Purpose
• Provide an infill, mixed-use project that is compatible with the
surrounding area including the expansion of commercial development in the
Madonna Road Area, which currently includes the Madonna Plaza and the San Luis
Obispo Promenade;
• Discourage leapfrog development and urban sprawl by encouraging
development at infill locations, along major transportation corridors;
• Allow the Dalidio family to develop and use their property in a
manner similar to surrounding properties;
• Minimize economic competition with downtown San Luis Obispo by
attracting new, destination retailers that are not currently represented, such
as large destination department stores and home improvement stores complemented
by neighborhood serving uses;
• Enhance the County’s tax base to contribute revenues for
public services and infrastructure;
• Preserve and highlight historical resources and recognize the
agricultural legacy.
• Provide continuing agricultural operations on part of the
property including organic agricultural operations with a companion farmers
market;
• Offer needed recreational amenities such as soccer fields for
youth sports and activities; and
• Provide needed workforce housing.
Character
The character of lands fitting this category is limited to the Dalidio
Ranch Property located within the area of Madonna Road, Los Osos Valley Road and
Highway 101 that are outside of the City of San Luis Obispo but within the San
Luis Obispo Area Plan.
Attachment E
Conforming General Plan
Amendments
SAN LUIS OBISPO AREA PLAN
Conforming Amendment Paragraph 6. All maps and diagrams in the Land
Use Element – Circulation Element, San Luis Obispo County General Plan,
San Luis Obispo Area Plan, revised January 1, 2003 (“Area Plan”),
including the official maps, are amended so that the area depicting the Property
is modified to include the diagrams included as Attachments C and D of this
initiative.
Conforming Amendment Paragraph 7. In the Area Plan, the text in the
tables immediately following the heading “Capacity for Growth” on
pages 4-4 to 4-6, in Part A (entitled “Areawide Land Use”) of
Chapter 4 (entitled “Land Use”) is amended as follows.
|
TABLE 4-1 LAND USE ACREAGE SAN LUIS
OBISPO PLANNING AREA
|
|
Land Use Categories
|
Rural Area
|
Urban Area
|
Los Ranchos/ Edna
|
Total
|
|
Open Space
|
213
|
0
|
0
|
213
|
|
Agriculture
|
48,542
|
34
|
0
|
48,576
|
|
Rural Lands
|
5,569
|
0
|
0
|
5,569
|
|
Recreation
|
743
|
386
|
235
|
1,364
|
|
Residential rural
|
1,712
|
0
|
394
|
2106
|
|
Residential Suburban
|
333
|
22
|
259
|
614
|
|
Residential Single Family
|
0
|
629
|
59
|
688
|
|
Residential Multi-Family
|
0
|
80
|
0
|
80
|
|
Office & Professional
|
0
|
0
|
0
|
0
|
|
Commercial Retail
|
0
|
49
|
0
|
49
|
|
Commercial Service
|
0
|
467
|
0
|
467
|
|
Industrial
|
0
|
325
|
0
|
325
|
|
Public Facilities
|
3,526
|
233
|
10
|
3,769
|
|
Dalidio Ranch
|
0
|
131
|
0
|
131
|
|
TOTAL
|
60,614
|
2,190
|
957
|
63,630
|
Attachment E
Conforming General Plan Amendments
|
TABLE 4-2 RESIDENTIAL BUILD-OUT CAPACITY
FOR SAN LUIS OBISPO PLANNING AREAA
|
|
Area/Community Land Use CategoryB
|
Acres
|
Build-out CapacityC
|
Estimated Build-out Date
|
|
(DwellingsD)
|
(PopulationE)
|
|
Rural area
|
|
|
|
|
|
Agriculture
|
48,542
|
455
|
1,174
|
|
|
Rural Lands
|
5,569
|
52
|
134
|
|
|
Residential Rural
|
1,712
|
257
|
663
|
|
|
Residential Suburban
|
333
|
250
|
645
|
|
|
Rural Subtotal
|
56,156
|
1,014
|
2,616
|
2010
|
|
San Luis Obispo Urban
|
|
|
|
|
|
Agriculture
|
34
|
1
|
3
|
|
|
Residential Suburban
|
22
|
17
|
44
|
|
|
Residential Single Family
|
629
|
3,302
|
8,519
|
|
|
Residential Multi Family
|
80
|
1,560
|
4,025
|
|
|
Dalidio Ranch
|
131
|
60
|
143
|
|
|
Urban Subtotal
|
765
|
4,940
|
12,734
|
2020
|
|
Los Ranchos/Edna Village Area
|
|
|
|
|
|
Recreation
|
235
|
211
|
544
|
|
|
Residential Rural
|
394
|
71
|
183
|
|
|
Residential Suburban
|
259
|
233
|
601
|
|
|
Residential Single Family
|
59
|
372
|
960
|
|
|
Village Subtotal
|
947
|
739
|
2,288
|
2000
|
|
Total of Residential CategoriesB
|
57,999
|
6,693
|
17,638
|
|
Notes:
A. Totals in this table do not include the city of San Luis Obispo.
B. Includes only those categories where primary residences are permitted
uses.
C. Build-out estimates correspond to 75% of the total absorption capacity,
except for Los Ranchos/Edna, which corresponds to 90% of absorption
capacity.
D. Dwellings are assumed to be at one unit per 80 acres in Agriculture and
Rural Lands, 5 acres in Residential Rural,131 acres in Dalidio
Ranch, one acre in Residential Suburban, 7 per acre in Residential Single
Family, and 26 per acre in Residential Multi-Family.
E. Potential population at build-out assumes 2.38 persons per dwelling
unit.
Conforming Amendment Paragraph 8. In the Area Plan, the text
immediately following the heading “Agriculture” on page 4-21, in
Part C (entitled “San Luis Obispo Urban Area”) of Chapter 4 is
amended as follows.
Agriculture
The Agriculture category applies to the prime agricultural land between
Highway 101 and Madonna Road that is not designated under the Dalidio Ranch
Land Use category. It is within the urban area since it is essentially
surrounded by urban development. However, it provides perhaps some of the
highest quality production of “salad bowl” vegetables in the county
and larger region. Its productivity for high-value crops warrants a change back
to Agriculture from previous land use policies that anticipated urban
development. Long-term agricultural protection should be sought cooperatively
between the county and the owners to ensure its continued farming. Measures
should also be pursued by the owners and farm operators to safeguard neighboring
uses from noise and chemical pollution.
Attachment E
Conforming General Plan Amendments
Conforming Amendment Paragraph 9. In the Area Plan, the table in
the Appendix on page A-3 is amended as follows:
|
TABLE A-2 RESIDENTIAL BUILD-OUT CAPACITY
FOR SAN LUIS OBISPO PLANNING AREAA
|
|
Area/Community Land Use CategoryB
|
Acres
|
Build-out CapacityC
|
Estimated Build-out Date
|
|
(DwellingsD)
|
(PopulationE)
|
|
Rural Area
|
|
|
|
|
|
Agriculture
|
48,542
|
455
|
1,174
|
|
|
Rural Lands
|
5,569
|
52
|
134
|
|
|
Residential Rural
|
1,712
|
257
|
663
|
|
|
Residential Suburban
|
333
|
250
|
645
|
|
|
Rural Subtotal
|
56,156
|
1,014
|
2,616
|
2010
|
|
San Luis Obispo Urban
|
|
|
|
|
|
Agriculture
|
34
|
1
|
3
|
|
|
Residential Suburban
|
22
|
17
|
44
|
|
|
Residential Single Family
|
629
|
3,302
|
8,519
|
|
|
Residential Multi Family
|
80
|
1,560
|
4,025
|
|
|
Dalidio Ranch
|
131
|
60
|
143
|
|
|
Urban Subtotal
|
765
|
4,940
|
12,734
|
2020
|
|
Los Ranchos/Edna Village Area
|
|
|
|
|
|
Recreation
|
235
|
211
|
544
|
|
|
Residential Rural
|
394
|
71
|
183
|
|
|
Residential Suburban
|
259
|
233
|
601
|
|
|
Residential Single Family
|
59
|
372
|
960
|
|
|
Village Subtotal
|
947
|
739
|
2,288
|
2000
|
|
Total of Residential CategoriesB
|
57,999
|
6,693
|
17,638
|
|
Notes:
A. Totals in this table do not include the city of San Luis Obispo.
B. Includes only those categories where primary residences are permitted
uses.
C. Build-out estimates correspond to 75% of the total absorption capacity,
except for Los Ranchos/Edna, which corresponds to 90% of absorption
capacity.
D. Dwellings are assumed to be at one unit per 80 acres in Agriculture and
Rural Lands, 5 acres in Residential Rural,131 acres in Dalidio Ranch, one
acre in Residential Suburban, 7 per acre in Residential Single Family, and 26
per acre in Residential Multi Family.
E. Potential population at build-out assumes 2.38 persons per dwelling
unit.
F. The build-out capacity estimates and population projections are subject
to change as a result of the development of new information through the Land Use
Element Update program, or other research projects. Estimates are revised
periodically.
G. The build-out population represents the likely ultimate population that
can be expected within the land use categories in this plan, including any
limitations on density imposed by area plan or Land Use Ordinance
standards.
H. Projected build-out dates are estimates rounded to the nearest five-year
interval using population projections in Table A-1.
Attachment E
Conforming General Plan Amendments
Conforming Amendment Paragraph 10. In the Area Plan, add to the
text immediately following the heading “Objectives” on page 5-5, in
Part B (entitled “Highways, Streets and Roads”) of Chapter 5
(entitled “Circulation”) is amended as follows:
“The circulation design and land use designations depicted on
Attachments C and D of this inititiative meet the requirements of this chapter
because the circulation designs minimize impacts to Class I and Class II soils,
they avoid impacts to riparian, wetland and wildlife habitat areas and they
mitigate impacts by preserving organic agricultural use and preserving open
space conservation areas”
Conforming Amendment Paragraph 11. In the Area Plan, the text
immediately following the heading “Urban/Rural Collectors” on page
5-9, in Part B (entitled “Highways, Streets and Roads”) of Chapter 5
(entitled “Circulation”) is amended as follows:
Calle Joaquin - As part of any proposal to further develop the
Dalidio-Madonna-McBridge areas, the alignment and design of a road connecting
Prado Road with Los Osos Valley Road should [be] evaluated and established.
The Dalidio Ranch Land Use Category (as depicted in Atttachments C and D)
meets these criteria because the plan contemplates a connection of Calle Joaquin
and because the conditions require contribution of a fair share of the cost of
an overpass across Highway 101 connecting Prado Road with the Dalidio
Ranch.
Conforming Amendment Paragraph 12. In the Area Plan, the text at
the bottom of page 4-1 of the Area Plan, on the first page of Chapter 4,
Entitled “Land Use,” is amended as follows:
Articles 9 and 9.5 of the Land Use Ordinance (Section 22.108 – San
Luis Obispo Planning Area Chapter 22.113 – Dalidio Ranch Zoning District)
contains development standards that are related to the issues described in this
chapter and the mapped land use categories to assist in guiding development in
the planning area. The standards define actions required for new development to
achieve consistency with the general plan.
Conforming Amendment Paragraph 13. In the Area Plan, the text at
the end of the first paragraph following item 3 entitled “Balance jobs and
housing” on page 4-3 of the Area Plan is amended as follows:
This plan includes an improved balance of jobs and housing in the planning
area (at build-out of the plan) compared to the potential development allowed by
the plan as it existed during the 1980’s. Much of the formerly-designated
Industrial land has been changed to Recreation, for a golf course, parks and
other recreational uses. Also, some of the Industrial land is redesignated to
Residential Multi-Family, which benefits the jobs/housing balance by reducing
future employment while increasing future affordable housing supply. However,
the amount of land in the plan that could be designated for residential use is
limited by the presence of the airport. The Dalido Ranch Property is affected
by avigation restictions related to the airport. Therefore, it has limited
potential as a source of housing. It is, however, a good location for commercial
retail, business park and the other uses allowed under the Dalidio Ranch Land
Use Designation. The jobs created by these uses will balance with other areas
more suitable for residential development. The 60 dwelling units allowed in the
Dalidio Ranch Land Use Designation maximizes the housing potential for this
property.
Attachment E
Conforming General Plan
Amendments
ECONOMIC ELEMENT
Conforming Amendment Paragraph 14. In the Economic Element, San
Luis Obispo County General Plan adopted October 19, 1999 following “Policy
2f. Take action to help agriculture remain economically viable.” on page
5-6, under Goal 2 (entitled “Create a diverse economy”) in Chapter 5
(entitled “Types of Economic Activity: Industries and Occupations”)
is amended as follows:
Program 2f2. Continue to implement the County’s Right-to-Farm
Ordinance and Agricultural Buffer Policy, which (1) require notice to new
residents that potentially noisy or odorous agricultural activities exist nearby
and are protected, (2) prescribe setbacks for new development away from
agricultural activities, and (3) otherwise establish the right of agriculture to
continue even if population growth occurs nearby.
Lands located within the Dalidio Ranch land use category combine
agricultural, commercial and other uses based on the requirements of that land
use category
AGRICULTURE/OPEN SPACE ELEMENT
Conforming Amendment Paragraph 15. in the Agricultural and O