§ 19.01.060. Definitions.
Whenever names, terms, abbreviations, phrases, and their derivatives are defined elsewhere in this code and are not defined in this section, those definitions shall apply to this title. All definitions contained in the codes adopted in this title, the California Health and Safety Code, and the California Administrative Code shall apply throughout this title except as defined by this section.
"Accessory building" mean a building or structure the use of which is incidental to that of the main building, and which is located on the same lot.
"Administrative authority" means the building official.
"Alternate sewage treatment system" means an on-site treatment system that includes components different from those used in a conventional septic tank and drain field system. An alternative system is used to achieve acceptable dispersal/discharge of wastewater where conventional systems may not be capable of meeting established performance requirements to protect public health and water resources (e.g., at sites where high ground water, low permeability soils, shallow soils, or other conditions limit the infiltration and dispersal of wastewater). Components that might be used in alternative systems include mounds and pressure and drip distribution systems.
"Approval" means the proposed work or completed work conforms to this chapter in the opinion of the building official.
"As-graded" means the extent of surface conditions on completion of grading.
"Attendance area" means that area established by the governing board of the school district, within which children must reside to attend a particular school.
"Bedrock" means any consolidated rock, either weathered or not, which usually underlies alluvium, colluvium, topsoil, residual soil or fill. Bedrock would include sedimentary rocks, metamorphic rock and igneous rocks.
"Bench" means a relatively level step excavated into earth material on which fill is to be placed.
"Best management practices (BMPs)." Best management practices include scheduling of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of stormwater pollutants. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
"Board of supervisors" means the board of supervisors of the County of San Luis Obispo.
"Borrow" means earth material acquired from an off-site location for use in grading on a site.
"Building division" means the building division of the department of planning and building of the County of San Luis Obispo.
"Building official" means the chief building official (DIV MGR-BUILDING) of the County of San Luis Obispo or his/her duly designated deputy.
"Civil engineer" means a professional engineer registered in the state to practice in the field of civil works.
"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
"Coastal zone" means lands identified on the official maps (Part III) of the land use element of the San Luis Obispo County General Plan as being located within the Local Coastal Plan (LCP) combining designation, the portions of the California Coastal Zone within San Luis Obispo County established by the California Coastal Act of 1976.
"Code enforcement agency" is also known as enforcement agency, enforcing agency, or the San Luis Obispo County department of planning and building.
"Community sewage disposal system" means a residential wastewater treatment system for more than five units or more than five parcels; or commercial, industrial or institutional system that treats 2,500 gallons or more of domestic/sanitary wastewater per day (peak daily flow.)
"Compaction" means the densification of a fill by mechanical means.
"Condition compliance monitoring" refers to a case type for the purpose of monitoring planning conditions and erosion/sedimentation control best management practices after a construction permit is finaled.
"Conditions of overcrowding" means the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing board of the school district.
"Construction permit" means an issued building, plumbing, electrical, mechanical, or grading permit as required by this title, Title 22, or Title 23 of this code.
"Construction permit application" means a building, plumbing, electrical, mechanical or grading permit as required by this title, Title 22 or Title 23 of this code.
"County clerk" means the County Clerk of the County of San Luis Obispo.
"Covered project" means a development project for which one or more building permits are required for new construction, additions, alterations, or repairs to any residential or non-residential structure as set forth by the standards for scope and applicability outlined in Section 19.01.020.
"Covered sidewalk" means a permanent covering attached to a building and projecting from the property line toward the curb line, over a public sidewalk, or public walkway.
"Developer" means any person, association, firm, partnership, corporation, other business entity, or public agency establishing, installing, or constructing a residential development.
"Director of public works" means the county engineer of San Luis Obispo County.
"Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit" means dwelling unit shall not mean room additions to existing residential structures.
"Earth material" means any rock, natural soil, or fill, or any combination thereof.
"Electronic submittal" means the utilization of one or more of the following:
(1)
Email;
(2)
Internet;
(3)
Facsimile.
"Engineered design" means an onsite or cluster system that is designed to meet specific performance requirements for a particular site as certified by a licensed professional engineer or other qualified and licensed or certified person.
"Engineering geologist" means a geologist experienced and knowledgeable in engineering geology.
"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, or ice.
"Excavation" means the mechanical removal of earth material.
"Fill" means a deposit of earth material placed by artificial means.
"Floating dock" means a moorage for boats, ships, and sailing vessels supported by a buoyant method acceptable to this chapter which may or may not be attached to land. For purposes of this chapter floating docks are further classified in this section as public floating docks.
"Floating marina" means a floating dock which has buildings or equipment and/or structures on it used for service to boats.
"Geotechnical engineer." See "soils engineer."
"Grade" means the vertical location of the ground surface.
(1)
Existing grade is the grade prior to grading.
(2)
Finish grade is the final grade of the site which conforms to the approved plan.
(3)
Rough grade is the stage at which the grade approximately conforms to the approved plan.
"Grading" means any excavating or filling or combination thereof.
"Green building" means a whole systems approach to the design, construction, and operation of buildings that substantially mitigates the environmental impacts of buildings. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment.
"Green building certification institute (GBCI)" means a non-profit organization which certifies green buildings and green building professionals under the Leadership in Energy and Environmental Design (LEED®) rating system.
"Green building checklist" means a checklist or rating sheet used for calculating a green building rating.
"Green building rating system" means a standardized rating system providing specific criteria to determine the level of compliance of building projects as set forth by the standards for compliance outlined in 19.04.140.
"GreenPoint rated" means a residential building certified as complying with the green building rating systems developed by the Build It Green organization.
"GreenPoint rater" means an individual certified by Build It Green as capable of evaluating and rating residential construction projects for compliance with the GreenPoint Rated green building rating systems.
"Groundwater" means water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated.
"Health department" means the environmental health division of the San Luis Obispo County Health Agency.
"Home energy rating system (HERS)" means rating system adopted by the California Energy Commission.
"Impervious area" means a hard, non-vegetated surface area that prevents or significantly limits the entry of water into the soil, as would occur under natural conditions prior to development.
"Impervious layer" means soil that has a percolation rate slower than one hundred twenty minutes to the inch, or having a clay content of sixty percent or greater.
"Interim facilities" means limited to any of the following:
(1)
Temporary classrooms not constructed with a permanent foundation and defined as a structure containing one or more rooms, each of which is designed, intended and equipped for use as a place for formal instruction of pupils by a teacher in a school.
(2)
Temporary classroom toilet facilities not constructed with permanent foundations.
(3)
Reasonable site preparation and installation of temporary classrooms.
(4)
Land necessary for the placement thereto of any of the facilities described in subsection (1) or (2).
"Key" means a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
"Land Use Ordinance" means for the purposes of this title only, either the San Luis Obispo County Land Use Ordinance (Title 22 of this code) or, where applicable, the Coastal Zone Land Use Ordinance (Title 23 of this code).
"Leadership in energy and environmental design (LEED®)" means the green building rating system developed by the US Green Building Council.
"Legally responsible person (LRP)" means a person, company, agency, or other entity that possesses real property interest in the land upon which the construction or land disturbance activities will occur for a project regulated by the State Water Resources Control Board (SWRCB) under the construction general permit.
"Legislative body" means the board of supervisors of the County of San Luis Obispo.
"Maintenance" means the work related to the upkeep of the septic system. Examples include but are not limited to: pumping of the septic tank, any installation, repair or replacement of septic tank baffles, risers, ells, tops, access ports, pumps, or blowers.
"Maximum extent practicable (MEP)" means a standard for water quality best management practices (BMPs) established as part of the National Pollutant Discharge Elimination System (NPDES) that requires consideration of technical feasibility, cost, and benefit derived. The burden of proof is on an applicant to demonstrate compliance with MEP by showing that a BMP is not technically feasible or that BMP costs would exceed any benefit to be derived.
"Municipal separate storm sewer system (MS4)." See "stormwater conveyance system."
"Native vegetation" means plants such as trees, shrubs, herbs, and grasses that grew naturally in San Luis Obispo County before European arrival; plants from other parts of the United States or from other countries are not considered native.
"Net impervious area" means the total post-project impervious surface area (including both new and replacement surface area), minus any reduction in total imperviousness from the pre-project to the post-project condition.
(1)
Net impervious area = (new and replaced impervious area)−(reduced impervious area credit), where reduced impervious area credit is the total pre-project to post-project reduction in impervious area, if any.
"New construction" means the construction of a new or replacement residential dwelling unit or a new or expanded commercial building.
"On-site wastewater treatment system (OWTS)" means a system relying on natural processes and/or mechanical components to collect, treat, and disperse/discharge wastewater from single dwellings or buildings.
"Operating permit" means a renewable and revocable permit to operate and maintain an onsite or cluster treatment system in compliance with specific operational or performance requirements.
"Permeable or pervious surface" means a surface that allows varying amounts of stormwater to infiltrate into the ground.
"Permit holder" means the landowner and/or responsible party acting on behalf of the landowner.
"Planning department" means the department of planning and building of the County of San Luis Obispo.
"Planning director" means the director of the department of planning and building of the County of San Luis Obispo.
"Pollutants of concern." Pollutants of concern found in urban runoff include sediments, non- sediment solids, nutrients, pathogens, oxygen-demanding substances, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, pesticides, and herbicides.
"Professional inspection" means the inspection required by this code to be performed by the civil engineer, soils engineer, or engineering geologist. Such inspections include those performed by persons supervised by such engineers or geologists, who shall be considered sufficient to form an opinion relating to the conduct of the work.
"Qualified contractor" means any contractor holding a license in good standing from the Contractors State License Board for Plumbing (C-36), Sanitation System (C-42), or general engineering contractor (A). A contractor holding a license as general building contractor (B) shall be considered a qualified contractor when constructing, modifying, or abandoning an on-site sewage treatment system as part of a larger construction project involving a new structure or major addition to an existing structure.
"Qualified inspector" means any registered environmental health specialist, registered civil engineer, contractor holding a license classification from the California Contractors State License Board for Plumbing (C-36), Sanitation Systems (C-42), or general engineering contractor (A), or an individual who has satisfactorily completed training in an on-site sewage system inspection and certification program approved by the building official.
"Qualified professional" means any individual who possesses a current registered environmental health specialist (REHS) certificate or is currently licensed as a professional engineer or professional geologist.
"Qualified service provider" means any person capable of operating, monitoring, and maintaining an on-site wastewater treatment system (OWTS) consistent with the requirements of this section and the operation and maintenance manual or capable of inspecting an OWTS in accordance with this section, or has a current certificate from an approved training program, or is approved by the building official.
"Qualified stormwater pollution plan practitioner (QSP)" means an individual assigned responsibility for non-stormwater and stormwater visual observations, sampling and analysis, and responsibility to ensure full compliance with the permit and implementation of all elements of the Stormwater Pollution Prevention Plan, including the preparation of the annual compliance evaluation and the elimination of all unauthorized discharges.
"Qualified stormwater pollution prevention plan developer (QSD)" means an individual who is authorized to develop and revise stormwater pollution prevention plans.
"Reasonable methods for mitigating conditions of overcrowding." These include, but are not limited to:
(1)
The use of all available revenues to the full extent authorized by law;
(2)
Attendance area boundary adjustments;
(3)
The use of school district property for temporary use buildings;
(4)
The temporary or permanent use of other schools in the district not having overcrowded conditions;
(5)
The use of student transportation;
(6)
The use of existing and proposed relocatable structures;
(7)
The full use of funds which could be available from the sale of surplus school district real property;
(8)
Eliminating non-mandated school programs and facilities;
(9)
The use of classroom double sessions;
(10)
The use of year-round school programs;
(11)
Agreements between a subdivider or builder and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used; and/or
(12)
Agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from other school districts.
"Registered environmental health specialist (REHS)" means an environmental health specialist currently registered by the State of California.
"Registered pumper" means any person or firm that pumps and/or hauls septage and has been issued a registration by the director of environmental health.
"Reservoir" means a pond, lake, basin, or other space, either natural or created, in whole or in part, by the building of engineered structures other than sealed storage tanks constructed of impervious metal or synthetic materials, which is used for storage, regulation, and control of water, for recreation, power, flood control, or drinking. For the purposes of this chapter, the term reservoir does not include small and shallow structures or basins for the temporary detention of stormwater runoff from on-site roof drains and paved areas, provided there is no flow at any time between the structure or basin and any sewage disposal system.
"Residential development" means a project containing residential dwellings, including mobile homes, of one or more units or a division of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to:
(1)
A general plan or specific plan, or amendment thereto, which would allow an increase in residential density;
(2)
An ordinance rezoning property to a residential use or to a more intense residential use;
(3)
A tentative or final subdivision map or parcel map, or a time extension for filing a final map;
(4)
A land use permit for a residential development; and
(5)
A building permit.
"Safety assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use.
"Single-family residence" means for the purposes of Chapter 19.11 a single family residence is defined as the building of one single new house or the addition and/or replacement of impervious surface associated with one single existing house, which is not part of a larger plan of development.
"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
"Site disturbance" means any activity that involves clearing, grubbing, grading, or disturbances to the ground such as stockpiling.
"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
"Small residential rooftop solar energy system" means a solar energy system which meets all of the following:
(1)
A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
(2)
A solar energy system that:
a.
Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the county;
b.
All state and county health and safety standards; and
c.
All applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.
(3)
A solar energy system installed on a single or duplex family dwelling.
(4)
A solar panel or module array that does not exceed the maximum legal building height as defined by the county.
"Soils engineer (geotechnical engineer)" means an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.
"Soils engineering (geotechnical engineering)" means the application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.
"Solar energy system" means a system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than 50 percent) to reduce onsite utility usage, and which is either of the following:
(1)
Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
(2)
Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.
"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
"Stormwater control measure" means stormwater management measures integrated into project designs that emphasize protection of watershed processes through replication of pre- development runoff patterns (rate, volume, duration).
"Stormwater conveyance system" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are:
(1)
Owned and operated by the County of San Luis Obispo;
(2)
Designed or used for collecting or conveying stormwater;
(3)
Not a combined sewer; and
(4)
Not part of a publicly owned treatment works (POTW) as defined by 40 Code of Federal Regulations §122.2.
"Supplemental treatment system (also referred to as enhanced treatment systems)" means an onsite sewage treatment system that utilizes engineered design and/or technology to treat effluent and to reduce one or more constituents of concern in wastewater.
"Surface waters" means a concentration of freshwater or seawater, the surface of which is in direct contact with the atmosphere, including reservoirs and watercourses as defined in this section, as well as wetlands and ocean bays.
"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
"US Green Building Council (USGBC)" means a non-profit organization which established and maintains the leadership in energy and environmental design (LEED®) rating systems for evaluating and certifying green buildings and green building professionals.
"Urban area" means any area within the urban or village reserve lines established by the land use element of the San Luis Obispo County General Plan.
"Zoning ordinance" means the San Luis Obispo County Land Use Ordinance (Title 22 of this code), or where applicable, the Coastal Zone Land Use Ordinance (Title 23 of this code).
(Ord. No. 3343, § 1, 12-6-16)