Planning & Building

Figure 1-1 from the Los Osos Community Plan (LOCP), 2024 summarizes the key requirements for new development in Los Osos that address issues concerning habitat, wastewater, and water supply.  Other site-specific requirements may apply.  

The County's Growth Management Ordinance (Title 26 of the County Code) establishes the annual residential growth rate for the unincorporated county, based on existing housing stock and available community resources.  To see the calendar year's annual allocation of new dwelling units, please visit: Title 26 Growth Management Ordinance Administration. 

The Los Osos Waitlist to Build was originally created in 1989 for undeveloped parcels in the community sewer service. The Waitlist can be seen here: 

Single-Family Dwelling Waitlist
Multi-Family Dwelling Waitlist

The Title 19 Retrofit-to-Build program requires 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. Retrofit-to-Build applicants must receive a water conservation certificate prior to building permit issuance.  To find the program application, please visit: Los Osos Groundwater Basin Plumbing Retrofit-to-Build Program (Title 19)

LOHCP Status/Timeline:

On December 10th, the Board of Supervisors approved funding for the implementation of the Los Osos Habitat Conservation Plan (LOHCP).  This funding will be used to pursue mitigation credits for habitat conservation through fee title or easement acquisition, fund habitat restoration projects, and fund staffing needed to implement the plan.  Staff will be returning to the Board this February to adopt the fee which will allow applicants to pay into the LOHCP to offset disturbance caused by development. Below is the anticipated timeline for the initial implementation of the LOHCP:

• February 2025 LOHCP fee adoption target date for Board of Supervisors
• March-April 2025 establish partner agency agreements
• April 2025 Fee appeal period ends
• May – June 2025 Initiation of implementation projects

Los Osos Habitat Conservation Plan files listed below:
Los Osos Habitat Conservation Plan (LOHCP)
LOHCP Appendices
LOHCP EIR
LOHCP IAMMP
LOHCP ITP

Further updates will be posted and/or linked on this page as available.

Information is available online via the US Fish and Wildlife Services (Ventura Office) by clicking here.

Background / Summary

Los Osos is located within an ecosystem that provides unique habitat for four endangered/threatened species: 1. Morro Shoulderband Snail (Helminthoglypta walkeriana) 2. Morro Manzanita (Arctostaphylos morroensis)  3. Morro Bay Kangaroo Rat (Dipodomys heermanni morroensis) 4. Indian Knob Mountainbalm (Eriodictyon altissimum)

The Coastal Commission has raised concerns regarding the impacts of projects on habitat of endangered and threatened species. In addition, project proponents (such as property owners, Department of Public Works, Department of Parks and Recreation, and water purveyors) seeking to make improvements or perform maintenance in Los Osos are currently required to demonstrate that certain species are properly protected, avoided, or otherwise addressed by requesting a site-specific Incidental Take Permit or other approval from the U.S. Fish and Wildlife Service (Service). The process allows projects to proceed but adds substantial cost, time, and uncertainty to projects; to the point that many private and community projects have been placed on indefinite hold.

To address this issue, on July 27, 2010, the Board authorized the preparation of the Los Osos Habitat Conservation Plan (LOHCP) to address concerns relating to endangered and threatened species with a holistic and balanced strategy. The LOHCP identifies implementation actions and a funding framework that would conserve and protect habitat of such species in the priority conservation areas (areas that hold significant habitat value) and allow for community development to occur in the “infill” areas of Los Osos under specified conditions, including project proponents paying LOHCP mitigation fees.

The LOHCP would streamline compliance with the Endangered Species Act by allowing project proponents to obtain incidental take coverage under the County’s permit by paying preestablished mitigation fees that go toward funding LOHCP implementation and abiding by preestablished conditions of approval, which is expected to reduce overall costs and time and add greater certainty for projects.

To implement the LOHCP and streamline the process, the County would fund and ‘jump start’ accrual of mitigation credits by purchasing and conserving land with high habitat value, performing habitat restoration on existing protected land, and removing invasive plants. Once mitigation credits are accrued, the County would be able to confer Endangered Species Act coverage by issuance of Certificates of Inclusion to project proponents who pay required mitigation fees and agree to abide by the terms of the LOHCP and the County’s incidental take permit. On December 15, 2020, the Board approved as to form the LOHCP for submittal to the Service.

The County began preparing the LOHCP in 2009 and finally received approval from the Service on February 15, 2024, for a 25-year community-wide programmatic Incidental Take Permit (Incidental Take Permit No.: ESPER8245217) that authorizes the County to confer Endangered Species Act coverage to project proponents in accordance with the LOHCP. The Service’s approval includes requirements to establish the LOHCP program within three years.

The Coastal Commission, as part of their public hearing on June 13, 2024, concurred with the U.S. Fish and Wildlife Service in recognizing that requiring project proponents to participate in the LOHCP addresses concerns regarding the impacts of projects on habitat of endangered and threatened species. Accordingly, the Coastal Commission conditioned its certification of the LCP by issuing suggested modifications to require the all development move forward only with mandatory participation in the LOHCP and community-wide incidental taking permit approved by the U.S. Fish and Wildlife Service or equivalent mitigation.

 Project Contacts

Comments and questions regarding the Los Osos Habitat Conservation Plan may be submitted via email to [email protected] or mailed to the following address:

Department of Planning & Building
ATTN: Los Osos HCP / Kip Morais 
976 Osos Street, Room 300
San Luis Obispo, CA 93408

Additional questions or inquiries can always be submitted to the US Department of Fish & Wildlife, Ventura Office:

Ventura Fish and Wildlife Office
US Fish and Wildlife Service
2493 Portola Road, Suite B
Ventura, California 93003

Phone: (805) 644-1766

The Estero Area Plan was originally certified by the California Coastal Commission in 1988 and contains coastal wide-policies, guidelines, and standards for areas within the entire Estero planning area (Los Osos, Cayucos, and the rural areas of Estero). The Estero Area Plan was recently updated in 2024.

• Verification of water supply: water will-serve letter or on-site well has demonstrated adequate availability of potable water.
• Verification of wastewater treatment: sewer will-serve letter or on-site wastewater treatment system that complies with all applicable regulations.
• Compliance with Title 19 Retrofit-to-Build requirements, as applicable. 
• Residential growth rate allocation: written confirmation from the County of available allocations
• Los Osos Habitat Conservation Plan (LOHCP) Certificate of Inclusion (COI), or equivalent.

The Title 19 Retrofit-to-Build program requires 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. Retrofit-to-Build applicants must receive a water conservation certificate prior to building permit issuance. The Title 19 Retrofit-to-Build program was updated in June 2023 to include updated average water savings requirements based on historical consumption data from the Los Osos water purveyors. To review the Los Osos Water Offset Study and update materials (Board of Supervisors hearing on February 27, 2024), please visit Los Osos Water Offset Study (2023). 

For built homes, the Title 8 Retrofit-Upon-Sale program requires sellers to retrofit existing plumbing fixtures to the low-flow requirements. 

Prior to January 1st, the County Board of Supervisors will determine the annual maximum allocation (allowed new dwelling units) for the upcoming calendar year. 75% of the total annual maximum allocation will be reserved for new dwelling units within the Los Osos sewer service area. County staff will then notify all Waitlist Property Owners of 1) their position on the Waitlist to Build, 2) their Batch Number in the upcoming calendar year, and 3) all applicable deadlines.  

Prior to July 1st 

Applicants that were notified of their Batch Number in the upcoming calendar year will have 30 days to respond in writing that they are either Ready to Submit or Not Ready to Submit a construction permit application. Applicants who declared Ready to Submit will have 45 days to submit a construction permit application.  

July 1st through August 1st  

All allocations from January to July that were unused will become available to the entire Waitlist and the applicant’s position on the Waitlist will be prioritized. Waitlist Property Owners who declare in writing that they intend to use an allocation for a new dwelling unit will have 45 days to submit a construction permit application. 

October 1st through December 31st  

All allocations from January to October that were unused will become available to the entire sewer service area, regardless of Waitlist position. Applications must submit construction permit applications prior to December 31st. 

Lack of response to the County’s Notice or failure to submit a construction permit application would not remove those properties from their position on the Waitlist for future available allocations. 

Key construction permit submittal requirements include and are not limited to: verification of water service, verification of wastewater treatment, and verification of compliance with the Los Osos Habitat Conservation Plan. 

Prior to January 1st  

Prior to January 1st, the County Board of Supervisors will determine the annual maximum allocation (allowed new dwelling units) for the upcoming calendar year. 25% of the total annual maximum allocation will be reserved for new dwelling units outside of the Los Osos sewer service area, accessory dwelling units*, and deed-restricted affordable housing units. 

*Accessory dwelling units are not allowable in Los Osos per the County Code Title 23 Coastal Zone Land Use Ordinance. 

January 1st through July 1st 

Applications may request to use available applications through submittal of a construction permit application. The County will confirm the availability of allocations with interested applicants and allocations will be available on a first-come, first-served basis. 

After July 1st 

Allocations are prioritized for the Los Osos sewer service area. Applicants may request allocation and submit construction permit applications as soon as January 1st of the upcoming calendar year. 

Key construction permit submittal requirements include and are not limited to: verification of water service, verification of wastewater treatment, and verification of compliance with the Los Osos Habitat Conservation Plan.