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 C

Attachment D

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