Agriculture, Water, and Energy

Los Osos Retrofit to Build (Title 19) and Retrofit Upon Sale (Title 8) Program Update

On October 17th, 2023 the Board of Supervisors requested that the Planning & Building Department bring for hearing a draft of ordinance amendments to Title 19, where the Los Osos Retrofit to Build program (also known as the 2:1 offset program) is codified. The amendments to Title 19 require an according update to the Title 8 Retrofit Upon Sale program requirements. The October 17th, 2023 BOS Hearing can be accessed here: Meetings-Calendar - County of San Luis Obispo

The Department will recommend amendments to the offset program based on the findings of the program audit, completed by Maddaus Water Management, Inc. in June 2023. The published audit document can be found at: Los Osos Water Offset Study - County of San Luis Obispo (ca.gov)

The Public Review Draft of ordinance amendments will be posted to this webpage when available. Please submit all comments via email (to Claire at [email protected]) or by mail, addressed to the Department of Planning & Building, San Luis Obispo County Government Center, 976 Osos Street, San Luis Obispo, CA 93408.

Public Review Draft Package - Open for Comment November 27th, 2023 through December 31st, 2023

December 2023 Draft Ordinance Overview Presentation - for the Los Osos BMC and Los Osos Community Advisory Council

The October 17th, 2023 BOS Hearing can be accessed here: Meetings-Calendar - County of San Luis Obispo

 

Project Schedule

Public Review Draft release – November 27th, 2023

Los Osos Basin Management Committee public meeting - December 6th, 2023 (see agenda here: Agendas - County of San Luis Obispo (ca.gov) )

Los Osos Community Advisory Council public meeting – December 14th, 2023 (see agenda here: Agenda - Gen Meeting - Google Docs)

Public Review period end – December 31st, 2023

BOS Hearing on proposed ordinance amendments – February 2024

About the CWWCP

On March 4, 2014, the Board of Supervisors authorized the Department of Planning and Building to propose several amendments to the County General Plan and County Codes with the objective of developing a Countywide Water Conservation Program (CWWCP) that would substantially reduce groundwater extraction in groundwater basins that have been certified LOS III, provide a mechanism to allow new development and new or expanded irrigated agriculture to proceed in certified LOS III areas, and reduce the wasteful use of water in the county.

On October 27, 2015, the Board adopted Resolution 2015-288, adopting specific amendments to:

 

• The Agriculture Element of the General Plan;

• The Conservation and Open Space Element of the General Plan;

• Title 8 (Health and Sanitation Code) of the County Code;

• Title 19 (Building and Construction Ordinance) of the County Code;

• Title 22 (Land Use Ordinance) of the County Code; and

• Ordinance 3274 (County Fee Schedule)

These amendments implemented the water neutral new development and water waste prevention components of the proposed CWWCP. Adoption of the resolution also created and implemented two additional County-run programs including a Plumbing Retrofit Program and a Turf Removal Incentive Program also known as “Cash for Grass.”

The first major component of the CWWCP is Water Neutral New Development (WNND). WNND requires that all new urban and rural development and new irrigated agriculture in the Paso Robles Groundwater Basin (excluding the Atascadero Subbasin) and all new urban and rural development in the Nipomo Mesa Water Conservation Area offset new water use at a 1:1 ratio. Offset requirements for new urban and rural development is implemented by generating credits through two primary methods: plumbing retrofits and the Cash for Grass program. The proposed  The proposed offset requirements for new urban and rural development in the PRGWB would have a sunset provision upon final approval of a Groundwater Sustainability Plan(s) (GSP(s)) by a local Groundwater Sustainability Agency or Agencies (GSA(s)) covering the entirety of the PRGWB, prepared pursuant to the Sustainable Groundwater Management Act (SGMA). WNND also requires that, in the PRGWB (excluding the Atascadero Sub-basin), all new or expanded irrigated agriculture obtain an Agricultural Offset Clearance. The proposed Agricultural Offset program is an implementation tool for the WNND irrigated agriculture offset requirement, and is intended to substantially reduce increases in groundwater extraction and lowering of groundwater levels in the PRGWB (excluding the Atascadero Sub-basin) only. The proposed Agricultural Offset program has a sunset provision upon final approval of a GSP by a local GSA(s) covering the entirety of the PRGWB, prepared pursuant to SGMA.

The second major component of the overall CWWCP is the Water Waste Prevention (WWP) program. The WWP program would apply to all existing and proposed urban and rural development within the unincorporated areas of the county where a water purveyor does not already have a similar ordinance (or other comparable program) in place. Provisions to reduce agricultural water waste would be limited to clarifications of policies and implementation measures found in the Agriculture Element of the General Plan, which would include best management practices as well as implementation of an educational outreach program.

(Free) Plumbing Retrofit Program

Residents living within the Nipomo Mesa Water Conservation Area (NMWCA) or the Paso Robles Groundwater Basin (PRGWB) with higher water-using toilets, showerheads, and faucet aerators may be eligible to receive free water-efficient plumbing fixtures.  Participants are accepted on a first come, first-serve basis while funding is available.

The following fixtures are eligible for replacement:

  • Toilets that use more than 1.6 gallons per flush (gpf);

  • Showerheads that use more than 1.5 gallons per minutes (gpm); and

  • Faucet aerators that use more than 1 gpm.​

 

Older fixtures will be replaced with the following:​

  • Toilets will be replaced with new 1.28 gpf models;

  • Showerheads will be replaced with new 1.5 gpm or less models; and

  • Faucet aerators will be replaced with new 1 gpm models.

For more information on the Plumbing Retrofit Program, please email [email protected].

Building Performance Training (Workforce Education Training Sector)

Cash for Grass

The Cash for Grass Program offers monetary incentives for property owners in the Nipomo Mesa Water Conservation Area (NMWCA) and the Paso Robles Groundwater Basin (PRGWB) who are seeking to remove irrigated turf and replace it with approved low water using plants and groundcover. Incentives are available to qualifying property owners on a first-come, first-served basis while funding is available. The Program generates water savings credits that can be purchased by applicants from within the same groundwater basin who need to meet water neutrality requirements for new construction. Funding availability is subject to change at any time and is supplied by water off-set fees.

Countywide Water Conservation Program

On October 27, 2015, the Board of Supervisors adopted Resolution 2015-288, which established the Countywide Water Conservation Program (CWWCP) in response to the declining water levels in the Nipomo Mesa (part of Santa Maria Groundwater Basin), Los Osos Groundwater Basin, and the Paso Robles Groundwater Basin (PRGWB). A key strategy of the CWWCP is to ensure that all new construction and new or expanded agriculture will offset its predicted water use by reducing existing water use on other properties within the same water basin.

CWWCP Supplemental Environmental Impact Report

Los Osos Basin Plumbing Retrofit-On-Sale Program (Title 8)

The Retrofit-On-Sale (Title 8 Retrofit Certificate) is a requirement for all homes being sold in the Los Osos Groundwater Basin.  This includes homes that were built before 1994 and homes that were previously issued a Title 8 Retrofit Certificate.  The certificate is a formal County-approved document that certifies that the home being sold meets all retrofit requirements for the existing plumbing fixtures (toilets, showerheads, faucet aerators) in the home.

To view the Retrofit-On-Sale Frequently Asked Questions (FAQs) please scroll down to the FAQ section.

 

Energy Code Connect (Codes & Standards Sector)

Los Osos Groundwater Basin Plumbing Retrofit-to-Build Program (Title 19)

The Retrofit-to-Build program (Title 19) requires all new development that uses water from the Los Osos Groundwater Basin to retrofit older plumbing fixtures in existing homes and businesses to save twice the amount of water the new development will use.  Click here for information about the Los Osos Water Offset Study to update these requirements.

Home Energy Savings (Residential Direct Install Sector)

MWELO Irrigated Landscaping > 2,500 sqft

Any project requiring a permit, plan check, or design review with a new aggregate landscape of greater than 2,500 square feet must submit a Landscape Project Information packet and a Performance Based Compliance Package.  

 

Certified Landscape Irrigation Auditor 

MWELO Section K requires an irrigation audit performed by a 3rd party certified landscape irrigation auditor (CLIA).

 

A searchable database of CLIA professionals is available on this website: https://lookforwatersense.epa.gov/pros/

Industrial Hemp

MWELO Irrigated Landscaping 500 - 2,500 sqft

Any project requiring a permit, plan check, or design review with an aggregate landscape of 2,500 or less must comply with this ordinance by submitting a Landscape Project Information packet and Prescriptive Compliance Package. The package has two separate steps during the permitting and building process.

Local Agency Management Program (LAMP)

The Local Agency Management Program (LAMP) develops minimum standards for the treatment and disposal of sewage through onsite wastewater treatment systems. The LAMP is the culmination of the actions required by Assembly Bill 885 and the State Water Resources Control Board to develop regulations and standards for onsite wastewater treatment systems. The County of San Luis Obispo LAMP is designed to protect surface water and groundwater from contamination while providing flexibility in design criteria in consideration of local conditions.

New Construction

All new urban and rural development within the Nipomo Mesa Water Conservaton Area (NMWCA) or the Paso Robles Groundwater Basin (PRGWB) is required to offset new water use at a minimum 1:1 ratio through the purchase of water offset credits prior to construction permit issuance.  These water offset fees go towards community rebate programs such as Cash for Grass.  New structures may include but are not limited to single family dwellings, mobile homes, secondary units, guest houses, commercial buildings, and pools. Offsets are not required for additions, replacement dwellings, and expansions of existing structures.

If the property contains a domestic well, a water meter must be installed and a well meter inspection must be conducted. Property owners are required to keep records of monthly water usage, to be viewed by County staff only if the property is subject to a code enforcement case.

For more information on policies and fees related to new construction within the NMWCA or the PRGWB, please choose one of the following:

PRGWB Groundwater Sustainability Plan

At this time, the Paso Robles Subbasin Groundwater Sustainability Plan exempts residential water use of up to 2 acre-feet per year (2 AFY) per property from management actions such as pumping fees and pumping reductions.

Click here to view the full Paso Robles Subbasin Groundwater Sustainability Plan.

Click here to join the mailing list to receive updates about the Paso Robles Subbasin Groundwater Sustainability Plan.

Los Osos Groundwater Basin

Information about programs within the Countywide Water Conservation Program (CWWCP) that apply to the area encompassing the Los Osos Groundwater Basin. 

NMWCA Plumbing Retrofit-on-Sale Program (Title 8)

The Retrofit-On-Sale (Title 8 Retrofit Certificate) is a requirement for all homes being sold in the Nipomo Mesa Water Conservation Area (NMWCA).  This includes homes that were built before 1994 and homes that were previously issued a Title 8 Retrofit Certificate. The certificate is a formal County-approved document that certifies that the home being sold meets all retrofit requirements for the existing plumbing fixtures (toilets, showerheads, faucet aerators) in the home.

To view the Retrofit-On-Sale Frequently Asked Questions (FAQs) please scroll down to the FAQ section.

Mining Designations

Mining Designation Amendments FAQ

Mining Designation Maps

Post-Construction Stormwater Management

The Department of Planning & Building is required to track the long-term operation and maintenance of post-construction stormwater control measures installed within the County’s Stormwater Management Area. The Central Coast Post-Construction Requirements order the County to establish operation and maintenance plans with private stormwater system owners. The Department records plans that comply with the Requirements, which document the existence of all structures and require maintenance and operation in perpetuity by any future owners.

Model Water Efficiency Landscape Ordinance (MWELO)

In response to Governor Brown’s Drought Executive Order EO B-29-15, the California Department of Water Resources updated the State’s Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation.  Local agencies must adopt either the MWELO or their own equally effective ordinance by December 1, 2015. ​

On October 28, 2015, the Board of Supervisors of County of San Luis Obispo adopted Ordinance No. 3311 amending Title 19 of the San Luis Obispo County Code, the Building and Construction Ordinance, by adding new chapter 19.95, incorporating by reference the California Model Water Efficient Landscape Ordinance. ​

All new development projects with 500 sq. ft. or more landscaping area are subject to the new MWELO requirements.  Please use this flow chart to determine how the new landscaping standards apply to your project.​

For more information on MWELO, please click on the icons above.

PRGWB - On-Site Agriculture Off-Set

An on-site offset clearance involves crop conversion on a single site with a single property owner.  A property owner may choose to apply for an on-site offset clearance when they are currently growing one crop but wish to switch to a different crop.  In some cases, the new crop might be able to cover more or less area while still maintaining the same projected water use.  

 

Nipomo Mesa Water Conservation Area (NMWCA)

Information about programs within the Countywide Water Conservation Program (CWWCP) that apply to the area encompassing the Nipomo Mesa Water Conservation Area (NMWCA).

These programs are funded by water offset fees applied to building permits for new structures in the NMWCA. These fees and programs are intended to keep a neutral water demand in the NMWCA by offsetting water use for new construction at a 1:1 ratio.​

PRGWB Wells - Agriculture

This service is for those applying for a well construction or modification permit from the Department of Environmental Health for a site in the Paso Robles Groundwater Basin.  Click here for more information on well meter installation standards.

Paso Robles Groundwater Basin (PRGWB)

Information about programs within the Countywide Water Conservation Program (CWWCP) that apply to the area encompassing the Paso Robles Groundwater Basin. 

Stormwater Management During Construction

The Department of Planning & Building administers state and federal pollution prevention policies for stormwater runoff, verifying that appropriate stormwater permits and plans are in place prior to the commencement of construction. Department staff is available to support applicants with determining which permits and plans are required and will oversee implementation of appropriate pollution control practices during construction.

PRGWB Agriculture Off-Set

Recent policy updates

On April 6, 2021, the Board of Supervisors directed staff to develop a new planting ordinance for the Paso Basin Land Use Management Area.  Visit the project site for more information.

On August 24, 2021, the Board of Supervisors extended the termination date for the Agricultural Offset Requirements from January 1, 2022 to August 31, 2022.  ​

New or expanded irrigated crop production - Agricultural Offset Requirements

On October 27, 2015, the Board adopted Resolution 2015-288 that amended County Code (Title 22) to require new and/or expanded irrigated crop production to obtain an Agricultural Offset Clearance from the Department of Planning and Building to minimize further depletion of groundwater levels.

Click here to see the current agricultural offset requirements in the County Land Use Ordinance (Section 22.30.204). 

Within the Paso Basin, there is a subarea called the "area of severe decline" that has more stringent restrictions. Click here for a map.  If your property is in the Area of Severe Decline per the Land Use Ordinance, then your property is not eligible for the 5 AFY exemption for new irrigated crop production.

 

There are three main scenarios for how this ordinance may affect a property:

1. If there is existing irrigated crop production on site within the 5 years preceding the application date, the property can be replanted in the same crop type and acreage with an Ag Offset Exemption. Planting new or expanded crops would require an On-Site Offset Clearance showing the new crop would use the same amount of water as the existing crop, or less.

2. If there is not existing irrigated crop production on site within the 5 years preceding the application date and if the site is not within the "area of severe decline", new irrigated crop production may be allowed with a one-time Ag Offset Exemption to plant crops that use up to 5 acre-feet per year of water (e.g., 4 acres of vineyard).

3. If there is not existing irrigated crop production on site within the 5 years preceding the application date and if the site is within the "area of severe decline", then there are no options for new or expanded irrigated crop production under the current ordinance.​

Related Services:

Surface Mining Inspections

The State Office of Mine and Reclamation (OMR) requires the County to conduct annual mine inspections for all active mines within the unincorporated areas of the county. These inspections include on-site visits to ensure that the mines are operating within their approved boundaries and following the requirements of their approved reclamation plans.

PRGWB Area of Severe Decline

If your property uses water from within the area of severe decline, then your property is not eligible for the 5 AFY exemption for new irrigated crop production for properties without existing irrigated crop production. 

The County Land Use Ordinance originally defined the area of severe decline within the PRGWB as the area where groundwater elevation levels dropped 50 feet or more from Spring 1997 to Spring 2013, based on groundwater level contours generated using a computer-based contouring program, which are based on groundwater elevations measured at monitoring well locations. Click here for a technical memo explaining the mapping methodology.

 

Map of the UPDATED Paso Basin area of severe decline

 

Including areas where groundwater elevation levels dropped 50 feet or more from Spring 1997 to Spring 2013 AND from Spring 1997 to Spring 2017, showing persistent decline.

To search for your property:

  1. Type your address or parcel number in the search bar in the top right corner of the screen.
  2. Press enter or the magnifying glass icon.
  3. Click on the three dots to the left of the correct address or property in the list that appears in the left panel and select "Zoom to Feature".
  4. Click on your parcel on the map.  An information box will pop up.

Legend:

  • The brown hatch area is the Paso Basin boundary.
  • The pink area is the updated area of severe decline.

To see the map legend:

  1. Select "Layers" in the bottom left corner.
  2. Select the "+" next to "Planning".
  3. Select the "+" next to "Impacted Groundwater Basins".

Washer Rebate Program

The Washer Rebate Program offers monetary incentives for property owners in the Nipomo Mesa Water Conservation Area or the Paso Robles Groundwater Basin (PRGWB) area who are seeking to remove their  high-water using clothes washer and replace it with an Energy Star certified clothes washer with an integrated water factor (IWF) of 3.2 or less.  Incentives are available to qualifying property owners on a first-come, first-served basis while funding is available.  More information on how to calculate the GPD savings between the old and new washers can be found within the Washer Rebate Program application. 

 

For information on the Washer Rebate Program, please choose the following:

Quick Links

Helpful Links to Popular Documents and Services

Williamson Act Administration

The Department of Planning & Building administers land conservation contracts under the Williamson Act, which provides a reduction of property taxes to owners of farmland and open-space land in exchange for a ten or 20-year agreement that the land will not be developed or otherwise converted to another use.

Resources

Links to helpful resources.

Septic System Operation and Maintenance

The Department of Planning & Building encourages property owners to regularly maintain their onsite wastewater treatment systems for optimal functioning. The Department provides forms for reporting the condition of systems and verifying system capacity for building expansions. This page also includes educational information and quick tips on the proper use of onsite wastewater treatment systems.

Tri-County Regional Energy Network

3C-REN (Tri-County Regional Energy Network) reduces energy use in our region's buildings for a more affordable, healthy, resilient, and sustainable community.

For households, 3C-REN offers energy saving opportunities, with an emphasis on hard-to-reach and underserved communities.  

For industry, 3C-REN offers capacity-building services, including workforce training and technical code support.  Serving both public and private sector professionals, 3C-REN responds to the needs of the local building industry.

Well Meter Standards

These Countywide well meter installation standards issued by the Department of Public Works apply to all well meters installed in the County, including domestic and irrigation wells.