Land Use Permits

A ministerial or discretionary permit that grants an applicant the authority to establish a use of land only after obtaining additional construction or grading permits, as required. Land use permits are Zoning Clearance / Plot Plan, Site Plan Review, Minor Use Permit, and Conditional Use Permit / Coastal Development Plan.

Amendment to Approved Land Use Permit

The Department of Planning & Building processes land use permits, including amendments, according to the provisions of the state Subdivision Map Act and the County Real Property Division Ordinance.

 

Coastal Commission Coordination

The California Coastal Commission is the ultimate permit authority in the Coastal Zone of San Luis Obispo County. In other words, the County can issue development permits in the Coastal Zone, but the Coastal Commission has the ultimate say in how the County's Local Coastal Program (Title 23) is interpreted. Strong coordination between Department of Planning & Building staff and Coastal Commission staff ultimately benefits applicants, as they often need to obtain initial permit authority ("retained jurisdiction") from the Coastal Commission as part of the development permit process.

Conditional Use Permit / Development Plan

A discretionary permit, acted on by the Planning Commission, allowing a specific land use.

A Surface Minning and Reclamation Plan is also a Conditional Use Permit, acted on by Planning Commission, allowing the mining of surface materials from a site and requiring the reclamation of the site after the mining is completed. 

Geologic Report Review

Geologic reports are required for projects requiring a permit within a designated Geologic Study Area (GSA). GSAs include areas of seismic, landslide, liquefaction, erosion, and stability hazards.

Land Use Entitlements

Land use permits require either a discretionary or a ministerial decision. The following land use entitlements can be processed with a land use permit application:

Minor Use Permit

A discretionary permit, acted on by a hearing officer on behalf of the Director of Planning & Building, allowing a specific land use. The Minor Use Permit review process provides for public review of significant land use proposals that are not of sufficient magnitude to warrant Commission review; and to insure the proper integration into the community of land uses which, because of their type or intensity, may only be appropriate on particular sites, or may only be appropriate if they are designed or laid out in a particular manner. 

 

Link to the complete Minor Use Permit process in the Inland Land Use Ordinance 22.62.050 - Minor Use Permits.

Link to the complete Minor Use Permit process in the Coastal Zone Land Use Ordinance 23.02.033 - Minor Use Permit.

 

Modification to a Previously Approved Land Use Permit

A Substantial Conformance is a modification to a previously approved land use permit.

The County, through adoption of various ordinances, has determined that there are certain types of uses that may have an impact on the area in which they are located. These types of uses require the approval of a land use permit, which sets conditions for the use's establishment and operation. Approval of a land use permit only entitles the use itself; separate permits may also be required for any construction or grading activities.

Pre-Application Meeting

Pre-application meetings are coordinated by the Department of Planning and Building to assist members of the public with understanding regulations that are applicable to a specific development project, permitting and development processes for a specific development project or for the resolution of a Notice of Violation from the Code Enforcement Division.   

Site Plan Review

Site Plan Review is required by this Title for projects more intensive than those requiring a Zoning Clearance. Site Plan Review considers the greater effects these uses may have upon their surroundings, and characteristics of adjacent uses that could have detrimental effects upon a proposed use. Like the Zoning Clearance, a Site Plan Review is also a ministerial land use permit. When Site Plan Review is required, application preparation and processing shall occur as follows.

 

Link to the complete Site Plan Review process in the Inland Land Use Ordinance 22.62.040 - Site Plan Review.

There is no Site Plan Review in the Coastal Zone.

Time Extension

Initial approval of Land Use Permits and Subdivisions is valid for 24 months (two years). Time Extensions of ONE (1) year may be requested based on the type of project (for example: Minor Use or Conditional Use Permits, and Parcel or Tract Maps). 

Click here for a comprehensive table outlining the eligibility and applicable hearing body or approval processes for various types of Land Use Permits and Subdivisions.

Tribal Cultural Resource Consultation

In accordance with California Assembly Bill 52 (AB 52), the Department of Planning & Building consults with Native American tribes regarding any project that is not exempt from environmental review. This consultation provides the most effective way for the Department to determine if a project could result in significant environmental impacts to tribal cultural resources.

Variance

A discretionary permit, acted on by the Planning Commission, to modify requirements of an ordinance or area plan. A Variance cannot reduce the minimum parcel size or authorize uses that are not allowed by Table 2-2 of the Inland Land Use Ordinance or Table O of the Coastal Land Use Ordinance.

 

Link to the complete Variance process in the Inland Land Use Ordinance 22.62.070 - Variances.

Link to the complete Variance process in the Coastal Zone Land Use Ordinance 23.01.045 - Variance.