§ 22.80.030. Definitions of Land Uses, and Specialized Terms and Phrases.


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  • As used in this Title, the following terms and phrases shall have the meaning ascribed to them in this Section, unless the context in which they are used clearly requires otherwise.

    A. Definitions, "A."

    A-Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the A-weighting network (scale). The unit of measurement is referred to as dB.

    [Amended 1992, Ord. 2545]

    Above Grade. Any elevation higher than the natural ground contour.

    Accelerated Erosion. Rapid erosion caused by human induced alteration of the vegetation, land surface, topography or runoff patterns. Evidence of accelerated erosion is indicated by exposed soils, active gullies, rills, sediment deposits, or slope failures caused by human activities. [Added 1999, Ord. 2863]

    Access. The means of vehicular entrance or exit to a site.

    Access Driveway. A road to the site of a building or structure that is agriculturally exempt or for which a County building permit is required. [Added 1999, Ord. 2863]

    Accessory Garage. See "Garage, Private."

    Accessory Use. See "Use, Accessory."

    Acre Foot. An engineering term used to denote a volume one surface acre in area and one foot in depth. [Added 1999, Ord. 2863]

    Active Use Area. See "Use Area, Active."

    Affordable. Housing which can be purchased or occupied by a household with very low, low, moderate or workforce income, as described in Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Affordable Housing Fund. The fund established by the County to receive all in-lieu fees and housing impact fees contributed pursuant to Section 22.12.080 - Inclusionary Housing. See Title 29 - Affordable Housing Fund.

    [Amended 2012, Ord. 3236]

    Affordable Housing Unit. See "Affordable."

    [Amended 2012, Ord. 3236]

    Ag Processing (land use). Establishments performing 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 cubing; corn shelling; drying of corn, rice, 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, production of olive oil without the use of solvents, 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." Olive oil produced with the use of solvents is included under "Food and Beverage Products." (SIC: 0723, 0724)

    [Amended 1995, Ord. 2740; 2012, Ord. 3235]

    Agricultural Accessory Building. An uninhabited structure, designed and built to store farming animals, implements, supplies, or products (not including commercial greenhouses or buildings for agricultural processing activities), which is not used by the public.

    Agricultural Accessory Structure (land use). An uninhabited structure or building designed and built to store farm animals, 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.

    [Amended 1989, Ord. 2411; 1995, Ord. 2740]

    Agricultural Activity. An agricultural activity includes but is not limited to, cultivation, growing, harvesting and production of any agricultural commodity and appurtenant practices incidental to the production of agricultural commodities. The definition includes agricultural grading as described Chapter 22.52 (Grading and Drainage). [Added 1999, Ord. 2863]

    Agricultural Products. Food and fibre in their raw, unprocessed state (except for such field processing that may occur in conjunction with harvesting), and ornamental plant materials.

    Agricultural Drainage Channels. Drainage channels to direct irrigation, natural drainage and tailwaters to and from agricultural fields. [Added 1999, Ord. 2863]

    Agricultural Retail Sales (land use). The retail sales of agricultural products located on the site of the property where the products being sold were grown. Includes the selling of fruits, vegetables, flowers, shell eggs, nuts, raw fiber or honey, prepackaged non-potentially hazardous food including olive oil and may also include food sampling and or tasting. Does not include hay, grain and feed sales included under "Farm Equipment and Supplies", field sales of agricultural products when not involving a structure that requires a building permit, included under "Crop Production and Grazing", and seasonal sales and sales from individual motor vehicles included in "Outdoor Retail Sales."[Added 2012, Ord. 3235]

    Agricultural Road. Access roads to fields, pastures or similar agricultural use. Does not include a road to an agriculturally exempt building or structure which requires a County construction permit. [Added 1999, Ord. 2863]

    Agronomist. Someone who applies the various soil and plant sciences to soil management and the raising of crops. [Added 1999, Ord. 2863]

    Air Contaminant. Any combination of smoke, charred paper, dust, soot, carbon, noxious acids, fumes, gases, or particulate matter.

    Air Pollution Control District. The Air Pollution Control District of San Luis Obispo County as established by the California Health and Safety Code, Part 4, Division 26.

    Airfields and Landing Strips (land use). Transportation uses including any area of land or water used for the landing and take-off of aircraft as well as any appurtenant areas used for airport buildings, aircraft operations and related facilities. Public airports may include aircraft sales and car rental establishments, eating and drinking places, hotels and motels, restaurants, cocktail lounges, gift shops, newsstands, beauty and barber shops, and other similar commercial uses serving the air-traveling public and airport employees. Also includes agricultural, personal, restricted and public uses landing strips, and heliports.

    Airfields and Landing Strips. Any area of land or water used or intended for the landing and take-off of aircraft, and any accessory areas for airport buildings and other facilities. "Aircraft" includes helicopters, all fixed-wing airplanes and gliders (but not hang-gliders). Airfields and landing strips include:

    a.

    Agricultural or Personal Landing Strip. A landing strip or heliport for agricultural crop dusting or personal use of the tenant or owner of the site, not available for public use, and with no commercial operations.

    b.

    Restricted Use Airfield. A landing strip or heliport with exclusive rights of use reserved to the owners or tenants of units within any cluster development, multi-family development, subdivision, industry, or institution, with nor more than 10 based aircraft; or an emergency heliport in conjunction with a hospital or public safety facility.

    c.

    Public Use Airfield. Any landing strip, airport, or heliport available for public use, or listed in the Airport Directory of the current Airman's Information Manual or in the Pacific Airman's Guide and Chart Supplement.

    Airport Transition and Turning Areas. See "Imaginary Surfaces."

    Allowable Use. "See Use, Allowable."

    Ambient Noise Level. The composite of noise from all sources excluding the alleged offensive noise. In this context, the ambient noise level is the normal or existing level of environmental noise at a given location for a specified time of the day or night.

    [Amended 1992, Ord. 2545]

    Amusement Park. Establishments having amusement concessionaires and/or amusement devices, including theme entertainment parks, skating rinks, skateboard parks, permanent carnivals, vehicular amusement parks, and similar facilities.

    Animal Facilities (land use). Intensive agricultural and other animal care or keeping establishments including: hog ranches, dairies, dairy and beef cattle feedlots (the distinction between a grazing operation and a feedlot is established by Article 4 (Standards for Specific Land Uses) and by the definition of "Animal Keeping"); livestock auction, sales building and sales lot facilities; chicken, turkey and other poultry ranches; riding academies, equestrian exhibition facilities and large scale horse ranches; veterinary medical facilities and service, animal hospitals and kennels; zoos. See also "Animal Keeping," "Crop Production and Grazing."

    Animal Keeping (land use). The keeping, feeding or raising of animals as a commercial agricultural venture, avocation, hobby or school project, either as a principal land use or subordinate to a residential use. Includes the keeping of common farm animals, small-animal specialties such as rabbit farms and other fur-bearing animals; bee farms; aviaries; worm farms; household pets, etc. This definition does not include grazing, which involves the keeping of grazing animals at densities less than two animals per acre, and is instead included under the definition of "Crop Production and Grazing." See also "Animal Facilities."

    Anti-Drain Valve or Check Valve. A valve located under a sprinkler head to hold water in the landscape irrigation system so it minimizes drainage from the lower elevation sprinkler heads. [Added 1993, Ord. 2648]

    Apparel Products (land use). Manufacturing establishments, known as the cutting-up and needle trades, producing clothing and fabricating products by cutting and sewing purchased woven or knit textile fabrics, and related materials such as leather, rubberized fabrics, plastics and furs. Included in the apparel industries are three types of establishments: (1) "regular" or inside factories; (2) contract factories; and (3) apparel jobbers. Regular factories perform all of the usual manufacturing functions within their own plant; the contract factories manufacture apparel from materials owned by others; and apparel jobbers perform the entrepreneurial functions of a manufacturing company, such as buying raw materials, designing and preparing samples, arranging for the manufacture of the garments from their materials and selling of the finished apparel. Also includes leather and leather products, tanning and finished products. Custom tailors and dressmakers not operating as a factory are not included. (SIC: Group 23)

    Applicant. A person, partnership, corporation or public agency applying for a County permit.

    Application Filing. The act of the Department of Planning and Building receiving a completed application form for any permit established by this Title submitted to the Department of Planning and Building, together with any supporting information and the requisite filing fee.

    Application Rate. The amount of landscape irrigation water applied to a given area, usually measured in gallons per hour. [Added 1993, Ord. 2648]

    Applied Water. The portion of water supplied by the irrigation system to the landscape. [Added 1993, Ord. 2648]

    Approach Area. An area extending outward from each end of the primary surface, longitudinally centered on the extended runway centerline. An approach area is applied to each runway based upon the type of approach available or planned for that runway. The inner edge of the approach area is the same width as the primary surface, and it is that land area defined by Federal Aviation Regulations, Part 77.25 (Civil Airport Imaginary Surfaces), as it exists on the effective date of this Title, or as it may be amended from time to time. (See also "Imaginary Surfaces").

    Approach Surface. See "Imaginary Surface."

    Approval Body. See "Review Authority." [Added 1992, Ord. 2553]

    Approved. Reviewed and found to be in substantial compliance with requirements of this Title and any applicable uniform codes. [Added 1999, Ord. 2863]

    Approved Land Use. See "Use, Approved."

    Archaeological Resource. Any Native American or Pre-Columbian artifact or human remains.

    Architect. Professional architect holding a valid registration and license from the State of California to practice architecture. [Added 1999, Ord. 2863]

    Area of Special Flood Hazard: The land in a flood plain within a community subject to a 1 percent or greater chance of flooding in any given year the area may be designated as Zone A on the Flood Hazard Boundary Maps. After detailed rate making has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard". [Added 2018, Ord. 3372]

    Arterial. As defined in Chapter 6, Part I of the Land Use Element and shown on the LUE official maps as an existing or proposed arterial.

    As-Graded. The condition and contour of the ground surface existing upon completion of grading. The location, description and elevations of surface and subsurface drainage facilities.

    [Amended 1999, Ord. 2863]

    Auto, Mobile Home and Vehicle Dealers and Supplies (land use). Retail trade establishments selling new and used automobiles, boats, vans, campers, trucks, mobile homes, recreational and utility trailers, motorized farm equipment, motorcycles, golf carts, snowmobile and jet-skis (except bicycles and mopeds, which are included under "General Merchandise"). Such dealerships include any sales of vehicles by an individual when more than six vehicles are sold in one calendar year. Also includes establishments selling new automobile parts, tires and accessories (including tire recapping establishments), as well as establishments dealing in used automobiles exclusively. Does not include establishments dealing exclusively in used parts, which are included under "Recycling and Scrap." Includes automobile repair shops only when maintained by an establishment selling new vehicles on the same site. Does not include "Service Stations," which are separately defined. (SIC: Group 55)

    Auto and Vehicle Repair and Services (land use). Commercial Service establishments engaged in repair, alteration, restoration, towing, painting, cleaning or finishing of automobiles, trucks, recreational; vehicles, boats and other vehicles as a principal use, including the incidental wholesale and retail sale of vehicle parts as an accessory use. May also include rental of cars, trucks or trailers; leasing of cars and trucks, except finance (equity) leasing which is included under "Financial Services." Does not include: automobile parking (classified in "Transportation"); repair shops subordinate to and maintained by a vehicle dealership which are included under "Auto, Mobile Home and Vehicle Dealers and Supplies"; service stations (which are separately defined); or automobile wrecking yards (which are included under "Recycling and Scrap"). (SIC: Groups 751, 753, 754)

    Automobile Service Stations and Gas Stations (land use). 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. (SIC: Group 554)

    Automatic controller. A mechanical or solid state timer for an irrigation system, capable of operating valve stations to set the days and length of time of a water application. [Added 1993, Ord. 2648]

    B. Definitions, "B."

    Backflow Prevention Device. A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. [Added 1993, Ord. 2648]

    Bars and Night Clubs (land use). Establishments selling alcoholic beverages for on-site consumption, including facilities for dancing and other entertainment that are secondary and subordinate to the principal use of the establishment as a drinking place. Drinking places operated as subordinate service facilities within restaurants are instead included under the definition of "Restaurants."

    Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. Equivalent to a 100-year flood. [Added 1986, Ord. 2250]

    Bench. A relatively level step excavated into earth material, on which fill is to be placed.

    Bench Drain. Lined or unlined channel that conveys surface waters from slopes to a safe disposal point. [Added 1999, Ord. 2863]

    Best Management Practices (BMPs). Best management practices means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce stormwater pollutions. 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. [Added 2010, Ord. 3188]

    Billboard. See "Sign, Off-Premise."

    Board, or Board of Supervisors. The Board of Supervisors of the County of San Luis Obispo.

    Borrow. Earth material acquired from an off-site location for use in grading on a site.

    Breakaway Walls. Any type of walls, whether solid or lattice, which is not part of the structural support of the building and which is so designed as to breakaway under abnormally high tides or wave action without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and (2) the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. [Added 1986, Ord. 2250; Amended 2004, Ord. 3024]

    Broadcast Studios (land use). Commercial and public communications uses including telegraph, telephone, radio and television broadcasting and receiving stations and studios, and motion picture studios, with facilities entirely within buildings. Transmission and receiving apparatus, such as towers, lines, reflectors and antennas are included under the definition for "Pipelines and Transmission Lines." (Amended 1995, Ord. 2740)

    Buildable Area (Developable Area). The area of the site in which structures may be located, not including required yard areas (See Figure 80-6, "Setbacks").

    Building. Any structure having a roof supported by columns and/or walls and intended for shelter, housing, and/or enclosure of any person, animal or chattel, but not including tents.

    [Amended 1982, Ord. 2091]

    Building, Accessory. A detached subordinate building, the use of which is incidental to that of a main building on the same lot.

    Building and Construction Ordinance. Title 19 of this code.

    Building Face. The exterior walls of a building extending vertically from the building line.

    Building Height. The vertical distance from the average level of the highest and lowest point of that portion of the lot or building site covered by the building to the topmost point of the structure, excluding chimneys or vents. (See Figure 80-1).

    fig80-1.png

    Figure 80-1: Building Height

    Building Line. The line at which the exterior of a building intersects the finished grade of the building site, not necessarily the required yard setback line.

    Building, Main or Principal. A building where the principal use of its lot and/or building site is conducted.

    Building Materials and Hardware (land use). 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. Establishments primarily selling plumbing, heating, and air conditioning equipment and electrical supplies are classified in "Wholesaling and distribution" (SIC: Group 52).

    Building Official. The Director of the Planning and Building Department of the County of San Luis Obispo or his/her duly designated deputy, as defined in the Building and Construction Ordinance, Title 19 of this code.

    [Amended 1992, Ord. 2553]

    Building Site. The area within a lot of record (or contiguous lots under single ownership) actually proposed for development with buildings or structures, including areas immediately adjacent to the buildings or structures to an extent equivalent to any required setback areas.

    Building Valuation. When implementing Section 22.12.080 - Inclusionary Housing, "building valuation" is the total value of all construction work for which a construction permit is required, as determined by the Building Official.

    [Amended 2012, Ord. 3236]

    Business Support Services (land use). 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 which is included under "Auto and Vehicle Repair and Service"; 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 (equipment rental yards are included under "Storage Yards and Sales Lots"), including leasing tools, machinery and other business items except vehicles; trading stamp services; and other business services of a "heavy service" nature (SIC: Group 73)

    C. Definitions, "C."

    Cannabis. "Cannabis" or "cannabis product" means any and all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufactured product, salt, derivative, mixture, tincture, tea, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis plants. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code for medical or non-medical purposes. For the purposes of this Title, "cannabis" does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code (See "Industrial Hemp"). [added 2017, Ord. No. 3358]

    Cannabis Activity (land use). The cultivation, possession, manufacturing, processing, storing, laboratory testing, labeling, transporting, distribution, delivery, or sale of cannabis or a cannabis product. "Cannabis activity" includes the following land uses: cannabis cultivation, cannabis nurseries, cannabis processing facilities, cannabis manufacturing, cannabis testing facilities, cannabis dispensaries, cannabis transport facilities, and cannabis distribution facilities. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Canopy. "Canopy" means the designated area(s) at site that will contain mature plants at any point in time. Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature plants at any point in time, including all of the space(s) within the boundaries. Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which include, but are not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots. If mature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Cultivation . Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. Also includes the storing, packaging, and labeling of nonmanufactured cannabis products. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Cultivation Operation . Authorized cannabis cultivation for which there is an approved and effective (not expired) land use permit and the operator possesses any required state license. Each cultivation operation shall be limited in size per state law (one acre at the time of ordinance adoption). [added 2017, Ord. No. 3358]

    Cannabis Dispensary . A facility where cannabis, cannabis products, or devices specifically for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale. For this Title, cannabis dispensaries includes non-storefront retailers. Store-front retailers and mobile retailers are prohibited.

    Mobile Retailer. The commercial transfer of cannabis or cannabis products from an outdoor location or mobile structure (e.g. a vehicle from which a retailer could perform direct sales), to a primary caregiver, qualified patient, or customer.

    Non-Storefront Retailer. The commercial transfer of cannabis or cannabis products from a dispensary, up to an amount allowed by the Bureau of Cannabis Control or its successor, to a primary caregiver, qualified patient, or customer and requires a Type 9 State license. "Non-Storefront Retailer" also includes the use by a dispensary of any technology platform owned and controlled by the dispensary, or independently licensed by the Bureau of Cannabis Control or its successor, that enables a primary caregiver or qualified patient to arrange for or facilitate the commercial transfer by a licensed dispensary of cannabis or cannabis products. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products between State licensees. [added 2017, Ord. No. 3358]

    Cannabis Distribution Facilities. Establishments engaged in the storage of cannabis or cannabis products, for later distribution to permitted and licensed cannabis manufacturing facilities, cannabis testing facilities, or cannabis dispensaries. [added 2017, Ord. No. 3358]

    Cannabis Edible Product. Manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code. [added 2017, Ord. No. 3358]

    Cannabis Enforcement Officer. The San Luis Obispo County Sheriff, County Counsel, the Director, the Chief Building Official, the employees of the Department designated by the Director as Code Enforcement Officers, or any of their authorized deputies or designees, each of whom is independently authorized to initiate and pursue permit revocation, permit suspension and nuisance abatement pursuant to Chapter 22.40. [added 2017, Ord. No. 3358]

    Cannabis Greenhouse. A fully enclosed, legally established, permanent structure that is clad in transparent or translucent material with climate control (such as heating or ventilation capabilities), and/or supplemental artificial lighting, and that uses a combination of natural and/or artificial lighting (mixed-light) for cannabis cultivation or cannabis nurseries. For the purposes of this Title, cannabis cultivation or cannabis nurseries within a greenhouse are considered indoor cultivation or nurseries. For the purposes of obtaining licenses, cannabis cultivation or cannabis nurseries within a greenhouse can be considered indoor or mixed-light cannabis cultivation or cannabis nurseries. Except for the drying of harvested plants, Cannabis processing (as a primary use or ancillary to cultivation) is not allowed within a cannabis greenhouse. [added 2017, Ord. 3358; 2018, Ord. 3377]

    Cannabis Hearing Officer. A hearing officer appointed or approved by the Board of Supervisors pursuant to Chapter 14 (commencing with Section 27720) of Part 3 of Division 2 of Title 3 of the Government Code to conduct hearings for the purposes of permit revocation, permit suspension, and nuisance abatement pursuant to Chapter 22.40. [added 2017, Ord. No. 3358]

    Cannabis Hoop Structure. A plastic or fabric covered hoop structure that is temporary in nature, not more than 12 feet in height and do not have vertical sides exceeding five feet six inches (5'-6") in height. They shall not have permanent anchors or foundation, so they can be readily removable. In addition, cannabis hoop structures shall not include any of the following:

    • trusses

    • wood construction, or

    • plumbing (does not include irrigation of the cannabis crop), mechanical, or electrical systems.

    Cannabis hoop in residential land use categories shall not exceed 120 cumulative square-feet of floor area. Cannabis hoop structures in all other land use categories shall not exceed 300 linear feet per structure. For the purposes of this Chapter, cannabis cultivation or cannabis nurseries within hoop structures are considered outdoor cultivation or outdoor nurseries. For the purposes of obtaining licenses, cannabis cultivation or cannabis nurseries within a hoop house can be considered indoor or mixed-light cannabis cultivation or cannabis nurseries.[added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Manufacturing (Volatile). The processing, production, preparation, propagation, holding, storing, packaging, labeling, or compounding of cannabis or cannabis products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using volatile organic compounds, at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers, and requires a Type 7 state manufacturing license. Cannabis manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. [added 2017, Ord. No. 3358]

    Cannabis Manufacturing (Non-volatile). The processing, production, preparation, propagation, holding, storing, packaging, labeling, or compounding of cannabis or cannabis products either directly or indirectly or by extraction and/or infusion methods, or independently by means of chemical synthesis or by a combination of extraction and/or infusion and chemical synthesis, using non-volatile organic or inorganic compounds (see "Cannabis Manufacturing (Volatile)"), at a fixed location, that packages or repackages cannabis or cannabis products, or labels or relabels its containers, and requires a Type 6, Type N, Type P, or Type S state manufacturing license. Cannabis manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. [added 2017, Ord. No. 3358]

    Cannabis Nursery. A site that produces clones, immature plants, seeds, or other agricultural products used specifically for the propagation and cultivation of cannabis. Does not include such activities that are ancillary to an approved land use permit for cannabis cultivation and are for on-site use only. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Nursery Canopy. The designated area(s) at site that will contain immature plants at any point in time. Cannabis Nursery Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain immature plants at any point in time, including all of the space(s) within the boundaries. Cannabis Nursery Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary which include, but are not limited to: interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots. If immature plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation. [Added 2018, Ord. 3377]

    Cannabis Processing. "Process," "Processing," and "Processes" means all activities associated with drying, curing, grading, trimming, rolling, storing, packaging, and labeling of nonmanufactured cannabis products. [Added 2018, Ord. 3377]

    Cannabis Processing Facility. A non-residential facility that conducts cannabis processing. [Added 2018, Ord. 3377]

    Cannabis Product. See "Cannabis" and "Cannabis Edible Product" and "Cannabis Topical Product." [added 2017, Ord. No. 3358]

    Cannabis Primary Caregiver . The same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended. [added 2017, Ord. No. 3358]

    Cannabis Shade Cloth Structure. A structure open on all sides for the protection of cannabis that is temporary in nature, not more than 12 feet in height. The covering may be permeable cloth-like material. They shall be constructed of light frame material, be detached from any other structure, and shall not include any plumbing, mechanical, or electrical systems within the structure. Cannabis shade cloth structures in residential land use categories shall not exceed 120 cumulative square-feet. Cannabis shade cloth structures in all other land use categories shall not exceed 1,000 square feet per structure. For the purposes of this Chapter, and for the purposes of obtaining licenses, cannabis cultivation or cannabis nurseries within shade cloth structures are considered outdoor cultivation or outdoor nurseries. (Structures constructed of rigid walls and rigid sloped roofs using transparent panels require a construction permit when the floor area exceeds 120 square feet. May be exempt from construction permit requirements, if 120 square feet or less in area and in a residential category). [Added 2018, Ord. 3377]

    Cannabis Testing Facility . A facility, entity, or site in the State of California that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in the cannabis industry in the State, and registered with the California State Department of Public Health. [added 2017, Ord. No. 3358]

    Cannabis Topical Product. Manufactured cannabis that is intended to be applied to the skin rather than ingested or inhaled. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Transport. Transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized pursuant to the California Business & Professions Code Section 26000, et seq. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Cannabis Transport Facility. A business that is licensed to transport cannabis or cannabis products between certain license types. Transport facilities may not own or sell cannabis or cannabis products, or store cannabis or cannabis products at the premises of the business. Does not include the transport of cannabis when ancillary to an approved cannabis cultivation land use permit, provided the ownership, sale and storage is only that of raw cannabis or processed cannabis that has been cultivated on-site. [added 2017, Ord. No. 3358; 2018, Ord. 3377]

    Caretaker Residence (land use). 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 24-hour care or monitoring of people, plants, animals, equipment, or other conditions on the site.

    Carport. A permanent roofed structure with not more than two enclosed sides, which is used or intended to be used for automobile shelter or storage.

    Category. See "Land Use Category."

    Cemeteries and Columbariums (land use). Interment establishments engaged in subdividing property into cemetery lots and offering burial plots or air space for sale. Includes animal cemeteries; cemetery real estate operations; cemetery associations; cemetery, mausoleum and columbarium operations, including funeral parlors accessory to a cemetery or columbarium. Funeral parlors and related facilities as a principal use are listed under "Personal Services."

    Central Business District. An area of concentrated retail trade identified by the Land Use Element for each urban area.

    Certification. The statement of a licensed professional that, based upon the appropriate level of observation and testing, and in compliance with applicable principles of the professional's training, background and experience, the work in question has been completed and performed in conformity with the plans and specifications approved and the applicable provisions of this Title. [Added 1999, Ord. 2863]

    Certification Program. In the event that the County adopts a certification program for grading contractors, requirements shall be as established by the Board. [Added 1999, Ord. 2863]

    Channel. The area occupied by the normal flow of an intermittent or perennial stream during non-flood conditions.

    Chemical Products Manufacturing (land use). Manufacturing establishments producing basic chemicals and establishments creating products predominantly by chemical processes. Establishments classified in this major group manufacture three general classes of products: (1) basic chemicals such as acids, alkalies, salts, and organic chemicals; (2) chemical products to be used in further manufacture such as synthetic fibers, plastic materials, dry colors, and pigments; and (3) finished chemical products to be used for ultimate consumption such as drugs, cosmetics, and soaps; or to be used as materials or supplies in other industries such as paints, fertilizers, and explosives. Also includes sales and transportation establishments handling the chemicals described above in other than one of the uses incurred in the Retail Trade Group on Table O. (SIC: Group 28, 5161)

    Church. See "Religious Facilities."

    Clearing. The removal of vegetation, structures or other objects. [Added 1999, Ord. 2863]

    Clubs, Lodges, and Private Meeting Halls (land use). Permanent, headquarters-type and meeting facilities for organizations operating on a membership basis for the promotion of the interests of the members, including facilities for: business associations; professional membership organizations; labor unions and similar organizations; grange and farm centers (not including sales activities, which are included under "Farm Equipment and Supplies"); civic, social and fraternal organizations (not including lodging, which is under "Organizational Houses"); political organizations and other membership organizations. Does not include country clubs in conjunction with golf courses, which are included under "Outdoor Sports and Recreation." (SIC: Group 86, except religious organizations which are defined under "Churches.")

    [Amended 1995, Ord. 2740]

    Coastal High Hazard. The area subject to high velocity waters including but not limited to coastal and tidal inundation or tsunami.

    Collector Street. As defined in Chapter 6, Part I of the Land Use Element, and shown on the LUE official maps as an existing or proposed collector.

    Combining Designations. Areas identified by the Land Use Element for which special design and permit requirements are established by Chapter 22.14 (Combining Designations).

    Combustible Liquid. Any liquid having a flash point at or above 100o F and below 200o F, including but not limited to diesel fuel, kerosene and Jet A.

    Commercial Category. Includes either or both of the Commercial Retail or Commercial Service land use categories as defined by the Land Use Element.

    Commercial Coach. A vehicle, with or without motive power, including any mobile home or recreational vehicle, designed and equipped for human occupancy for industrial, professional, or commercial purposes.

    Commercial/Industrial Development. When implementing Section 22.12.080 - Inclusionary Housing, "commercial/industrial development" is a development project involving primarily non-residential uses, including, but not limited to, retail, office, commercial-service, industrial and manufacturing uses as described in Article 2 of the Land Use Ordinance for which a land use permit application, construction permit application or subdivision application was submitted to the County. Development includes any of the following: new construction, structural additions, or conversion to a more intensive use (i.e. a commercial use that would require payment of a higher fee amount as set forth in the housing impact fee schedule).

    [Amended 2012, Ord. 3236]

    Commercial Use. See "Use, Commercial Retail," and "Use, Commercial Service."

    Common Wall Development. Two residences on adjoining lots, constructed so that they abut each other at their common property line (See Figure 80-2).

    fig80-2.png

    Figure 80-2: Common Wall Development

    Commission. See "Planning Commission."

    Communication Towers. Any tower or other structure erected for the purpose of radio, television or microwave transmission or line-of-sight relay devices.

    Communications Facilities (land use). Public, commercial and private electromagnetic and photoelectrical transmission, repeater and receiving stations for radio, television, telegraph, telephone, data network and other microwave applications; includes earth stations for satellite-based communications. Does not include home broadcasting and receiving antennas, which are included under "Residential Accessory Uses," or telephone, telegraph and cable television transmission facilities utilizing direct connections which are instead included under "Pipelines and Transmission Lines." (See also "Broadcasting Studios.")

    Community Sewer System. A sewage effluent collection network, treatment and disposal facilities provided within a prescribed service boundary, which results in the primary, secondary, or tertiary treatment of such effluent.

    Community Water System. A water storage and distribution network for the provision of potable water to the public for human consumption, within a prescribed service boundary, operated and maintained by a public agency, or private company approved by the Board of Supervisors. The system must comply with the provisions of the California Safe Drinking Water Act and all applicable laws and standards relating to domestic water supply.

    Compaction. The densification of a fill by mechanical, hydraulic, or other approved means. [Added 1999, Ord. 2863]

    Concrete, Gypsum, and Plaster Products (land use). Manufacturing establishments producing concrete building block, brick and all types of precast and prefab concrete products. Also includes ready-mix concrete batch plants, lime manufacturing, and the manufacture of gypsum products, such as plasterboard. A retail ready-mix concrete operation as an incidental use in conjunction with a building materials outlet or an equipment rental yard is defined under "Building Materials and Hardware" when in conjunction with a building materials outlet and under "Storage Yards and Sales Lots" when in conjunction with an equipment rental yard (SIC: Groups 326, 327).

    Conditional Approval. The approval of a Development Plan or variance application subject to conditions adopted by the Planning Commission as part of the action to approve the application.

    Conical Surface. See "Imaginary Surfaces."

    Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, for or of rights-of-way, structures, utilities or similar property.

    Construction Contractors (land use). Service establishments primarily engaged in construction, including new work, additions, alterations, and repairs. construction activities are generally administered or managed from a relatively fixed place of business, but actual construction work is performed at one or more different sites that may be dispersed geographically. Three broad types of construction activity are covered: (1) building construction by general contractors or by operative builders; (2) other construction by general contractors; and (3) construction by special trade contractors such as electrical, air conditioning and plumbing contractors, or others such as well drilling services. The installation of prefabricated buildings and equipment is also included. Business offices for such establishments which are not on the same site as work crew dispatching, equipment, vehicle or material storage for the establishment may also be considered under the definition of offices. An outdoor storage yard in conjunction with a contract construction service is also defined under "Storage Yards and Sales Lots" or "Temporary Construction Yards." (SIC: Groups 15, 16, 17)

    Construction Permit. Any or all of the various entitlements established by Title 19 of this code that authorize commencement of construction activities, including but not limited to building permits, grading permits, electrical and plumbing permits, demolition permits and moving permits.

    Consumer Repair Services (land use). See "Repair Services - Consumer Products."

    Contiguous. Adjacent and having a common parcel boundary for at least 25 feet.

    Continuous. At all times throughout the day (24 hours) while work is in progress. [Added 1999, Ord. 2863]

    Contour. A line of common elevation. [Added 1999, Ord. 2863]

    Corner Lot. See "Lot, Corner."

    Correctional Institutions (land use). Institutions for confinement and correction of offenders sentenced by a court. Halfway houses and homes for delinquents, or other facilities not under court order, are classified in "Residential Care." (SIC: Group 9223) (Amended 1995, Ord. 2740)

    County. The County of San Luis Obispo, including the county Board of Supervisors.

    County Airports Manager. Designated employee of the General Services Department of San Luis Obispo County, as established by Title 24 of this code.

    County Counsel. The County Counsel of San Luis Obispo County as established by Chapter 2.06 of Title 2.

    County Fire Department. The State Department of Forestry, San Luis Obispo Ranger District Office.

    County Health Officer (Director of Environmental Health). As used in this Title, the Director of Environmental Health in the Department of Public Health of San Luis Obispo County.

    Coverage. Site or lot coverage means the extent of a lot of record occupied by structures and paving.

    Creek. (See watercourse). [Added 1999, Ord. 2863]

    Crop Production. Encompasses the following overall crop types and activities (included in the Land Use Element under the definition of "Crop Production and Grazing"), and further defined as indicated:

    a.

    Specialty Crops. 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. All vegetable truck crops except edible pod peas. Includes lima and snap beans.

    c.

    Orchards. All fruit and nut tree crops, does not include kiwi, berry, or other vine crops.

    d.

    Field Crops. 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. Grazing of livestock on grasses without irrigation.

    f.

    Pasture. (irrigated). Grazing of livestock on irrigated grasses.

    g.

    Vineyards. Grapevines.

    h.

    Preparation For Cultivation. Land-contouring, clearing, irrigation construction and other preparation of soil for crops.

    i.

    Field Processing. 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.

    Crop Production and Grazing (land use). Agricultural uses including production of grains, field crops, industrial hemp, vegetables, melons, fruits, tree nuts, flower fields and seed production, ornamental crops, tree and sod farms, associated crop preparation services and harvesting activities including but not limited to mechanical soil preparation, irrigation system construction, spraying, crop processing and sales in the field not involving a permanent structure. Does not include the production of cannabis, which is included under "Cannabis Cultivation." Also includes the raising or feeding of beef cattle, sheep and goats by grazing or pasturing. Does not include cattle feedlots, which are included under "Animal Facilities." The distinction between feedlots and grazing operations is established by Chapter 22.30. See also, "Animal Keeping." [amended 2017, Ord. No. 3358]

    Cultural Resources. (See Archaeological Resources and Historical Resources). [Added 1999, Ord. 2863]

    Cut. (1) An excavation (2) The difference between a point on the original ground and a designated point of lower elevation on the final grade. (3) The material removed in excavation. [Added 1999, Ord. 2863]

    D. Definitions, "D."

    Dance Club or Nightclub. Establishment providing live or recorded music and an area for dancing, including disco. (Defined by the Land Use Element under "Amusements and Recreational Services").

    Dance Studio or School. An establishment where instruction in the dance arts (ballet, modern dance or any other dance form) is provided students for a fee, except where instruction in predominantly social dance is provided on the premises of a dance club as defined by this Title. (Defined by the Land Use Element under "Schools - Business and Vocational").

    Debris. A term applied to the loose material arising from the disintegration of rocks and vegetative material transportable by landslides, streams or floods. [Added 1999, Ord. 2863]

    Decibel. A unit for measuring the amplitude of a sound, equal to twenty times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is twenty micropascals. [Added 1992, Ord. 2545]

    Deck. An outdoor activity area consisting of a wood and/or concrete platform with an area greater than 100 square feet, is elevated at least 12 inches above the surrounding finish grade, and is unenclosed other than by a railing.

    Density. The measure of the ratio of population to the area of land occupied by that population, which may be expressed as dwelling units per acre, families per acre, persons per acre, or conversely as acres per dwelling unit or square feet per dwelling unit. "Gross density" is the number of lots derived from dividing the area of a site by the area required for each lot or dwelling unit. "Net density" is the number of lots resulting from subtracting the area required for streets (in the case of a subdivision) from the total area of the undivided site, and then dividing the remaining area by the area required for each lot.

    Department. The Department of Planning and Building.

    Department of Planning and Building. The San Luis Obispo County Department of Planning and Building, including the Director of Planning and Building and all subordinate employees.

    [Amended 1992, Ord. 2553]

    Development. Any activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of buildings or structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use after the effective date of this Title.

    Development Value. For the purposes of the Transfer of Development Credit Program set forth in this ordinance, development value is as follows:

    1.

    Full development potential. Where a property will be transferred in fee to a public agency or a non-profit organization, and all uses will be relinquished through the recordation of a conservation easement or other instrument that qualifies under either the Open Space Easement Act or the Conservation Easement Act, granted in perpetuity to a qualified public or private non-profit organization created for the purposes of protecting and managing resources, development value is the full value of the legal lot.

    2.

    Partial development potential. Where a property will relinquish only a portion of the allowed uses through the recordation of a conservation easement or other instrument that qualifies under either the Open Space Easement Act or the Conservation Easement Act, granted in perpetuity to a qualified public or private non-profit organization created for the purposes of protecting and managing resources, development value is the difference between the full value of the legal lot and the restricted value of the legal lot. [Added 1996, Ord. 2776]

    Dike. A berm of earth or other material constructed to confine or control surface water in an established drainage system. [Added 1999, Ord. 2863]

    Director. The Director of Planning and Building of San Luis Obispo County with duties and responsibilities as set forth in Section 22.70.020 (Administrative Responsibility). As used in this Title, "Director" includes designated staff of the Department of Planning and Building when acting in an official capacity.

    [Amended 1992, Ord. 2553].

    Director of Planning and Building. The Director of Planning and Building of San Luis Obispo County with duties and responsibilities as set forth in Section 22.70.020 (Administrative Responsibility). As used in this Title, "Director" includes designated staff of the Department of Planning and Building when acting in an official capacity.

    [Amended 1992, Ord. 2553]

    Director of Public Works. The Director of Public Works and Transportation of San Luis Obispo County as established by Chapter 2.18 of Title 2. [Added 2004, Ord. 3024]

    Directory Sign. See "Sign, Directory."

    Discretionary Permit. An entitlement that may be issued under the provisions of this Title, but requires the exercise of judgement and the resolution of factual issues to determine if the application and requested entitlement conform with the provisions of this Title. Generally, a discretionary permit consists of any entitlement that requires a decision to approve, approve subject to conditions or disapprove, based on the judgment of the Planning Commission after a hearing. (See "Ministerial Permit").

    Distance - Measurement. For the purposes of this Title, distance measurements are determined as follows:

    1.

    Remoteness test. When there is a minimum parcel size test that requires the measurement of distance from a parcel proposed for division to the nearest urban or village reserve line such distance shall be measured on the shortest public road route between the reserve line and the site. Private roads are to be included in such measurements only when they provide the only access to the site from a public road.

    2.

    Straight line. When there is a requirement for measurement of a straight line distance between two points, such distance shall be measured as the shortest line between any point on a lot line of one parcel to any point on a lot line of the other parcel.

    [Added 1996, Ord. 2776]

    Diversion. A temporary or permanent structure consisting of a channel or ditch and a ridge constructed across a sloping land surface on the contour or with pre-determined grades to intercept and divert surface runoff before it gains sufficient volume and velocity to cause erosion. [Added 1999, Ord. 2863]

    Domestic Reservoir Watershed. The watershed area surrounding each reservoir for domestic water supply as indicated on the official maps delineating these areas adopted in compliance with Section 19.24.013 of the Building and Construction Ordinance.

    Double Frontage Lot. See "Lot, Double Frontage."

    Drainage. The removal of excess surface water or groundwater from land by means of surface or subsurface drains. [Added 1999, Ord. 2863]

    Drainage Basin. Drainage facility which is used as a terminal disposal facility or which is used to retard the flow and which has a downstream outlet. [Added 1999, Ord. 2863]

    Drainage Facilities. Constructed improvements for the storage or conveyance of storm runoff in drainage channels, including sumps, channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits. See Chapter 22.52 (Grading and Drainage).

    Drainage Pattern. The configuration or arrangement of streams within a drainage basin or other area. [Added 1999, Ord. 2863]

    Drainage Way. Natural depression in the earth's surface such as swales, ravines, draws, and hollows in which surface waters collect as a result of rain, but at other times are destitute of water. [Added 1999, Ord. 2863]

    Dredging. Mechanical alteration of the grade of bottom sediments in any body of water.

    Drip Irrigation. A landscape irrigation method applying water in a controlled manner using irrigation emitters usually measured in gallons per hour. [Added 1993, Ord. 2648]

    Drive-In Theaters (land use). Facilities for outdoor presentation of motion pictures for viewing from vehicles, which may include subordinate eating places. Secondary outdoor uses sometimes associated with drive-in theaters (such as swap meets) are classified under "Storage Yards and Sales Lots."

    Driveway. A vehicular access from a road that serves no more than two structures, with no more than three dwelling units on a lot of record and any number of accessory structures.

    [Amended 1991, Ord. 2523].

    Drop-Inlet Spillway. Inlet structure in which the water drops through a vertical riser connected to a discharge conduit. [Added 1999, Ord. 2863]

    Drop Structure. A structure for dropping water to a lower level and dissipating its surplus energy; a fall. A drop may be vertical or inclined. [Added 1999, Ord. 2863]

    Dude Ranch. Transient guest occupancy facilities incidental to a working ranch, which may include other accessory recreational facilities and common eating facilities open to overnight guests only.

    Dwelling or Dwelling Unit. Any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family.

    [Amended 1991, Ord. 2523)

    E. Definitions, "E."

    Earth Material. A rock, natural soil and/or any combination thereof. [Added 1999, Ord. 2863]

    Easement. A legal right to use or control the property of another for a designated purpose, which appears of record in favor of the owner of the easement. [Added 1999, Ord. 2863]

    Eating and Drinking Places. See "Bars and Night Clubs," and "Restaurants."

    Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. [Added 1993, Ord. 2648]

    Electric Generating Plants (land use). Facilities engaged in the generation and distribution of electrical energy for sale. The electricity may be generated from oil, gas, coal or nuclear fuels or from "alternate" sources including but not limited to water, wind, the sun, bio-gas, municipal or agricultural wastes. This includes "cogeneration," which means the sequential use of energy for the production of electrical and useful thermal energy. The sequence can be thermal use followed by electric power production or the reverse. See also "Wind Energy Conversion System."

    Electronics, Equipment, and Appliances (land use). Establishments engaged in manufacturing machinery, apparatus and supplies for the generation, storage, transmission, transformation and utilization of electrical energy, including: electrical transmission and distribution equipment such as transformers, switch gear and switchboard apparatus: electrical industrial apparatus such as motors and generators, industrial controls, electrical welding apparatus; household appliances such as cooking equipment, refrigerators, home and farm freezers, household laundry equipment, electric housewares and fans, vacuum cleaners, sewing machines; electrical lighting and wiring equipment such as electric lamps, wiring devices, lighting fixtures, vehicular lighting equipment; radio and television receiving equipment such as television and radio sets, phonograph records and pre-recorded magnetic tape, telephone and telegraph apparatus; electronic components and accessories such as radio and TV receiving type electron tubes, cathode ray TV tubes, semiconductors and related devices; miscellaneous electrical machinery, equipment and supplies such as storage and primary batteries, X-ray apparatus and tubes, electromedical and electrotherapeutic apparatus, electrical equipment for internal combustion engines. Also includes: manufacturing establishments producing instruments (including professional and scientific) for measurement, testing, analysis and control, and their associated sensors and accessories; optical instruments and lenses; surveying and drafting instruments; surgical, medical, and dental instruments, equipment, and supplies; ophthalmic goods; photographic equipment and supplies; watches and clocks; avionics; electronic instruments, components and equipment including but not limited to integrated circuits, semiconductors, calculators and computers. Does not include testing laboratories (research and development, soils and materials testing, etc.), which are defined under "Business Support Services." (SIC: Group 36 and 38)

    Emergency Shelter (land use). Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person (Health and Safety Code Section 50801). Includes homeless day center facilities providing services such as counseling, employment training and job search assistance, meals, health and dental care, and a day resource center. [Added 2010, Ord. 3199]

    Emitter. Drip irrigation fittings that delivers water slowly from the system to the soil. [Added 1993, Ord. 2648]

    Energy Dissipater. A device used to reduce the excess energy of flowing water. [Added 1999, Ord. 2863]

    Enforcement Officer. The Director of Planning and Building of San Luis Obispo County or employee designated by the Director as being responsible for the enforcement of this Title in compliance with Chapter 22.74 (Enforcement).

    Engineered Grading. Grading designed under the direct supervision of a licensed registered civil engineer. [Added 1999, Ord. 2863]

    Engineer, Civil. Professional engineer holding a valid registration and license from the State of California in civil engineering. [Added 1999, Ord. 2863]

    Engineering Geologist. Individual holding a valid registered geologist license and a valid engineering geologist certification from the State of California. [Added 1999, Ord. 2863]

    Engineering Geology. The application of geological data and principles to engineering problems dealing with naturally occurring earth material for the purpose of assuring that geological factors are recognized and adequately interpreted in engineering practice. [Added 1999, Ord. 2863]

    Engineer, Geotechnical. Professional engineer holding a valid registration and license to practice in geotechnical engineering by the State of California. [Added 1999, Ord. 2863]

    Engineering, Soils. The application of soils mechanics in investigations and reports regarding stability of existing or proposed slopes, in the control of fill installation and compaction, in recommending soil bearing values, and in providing design criteria and calculations for earth structures, foundations, fills, subsurface drains and other engineering works. [Added 1999, Ord. 2863]

    Entitlement. Authority acquired by an applicant after receiving approval of an application.

    Entrance Drive. The main vehicle access between a public street and the first space in a parking lot.

    Environmental Coordinator. The Environmental Coordinator of the County of San Luis Obispo.

    Equivalent Sound Level (L eq ). The sound level containing the same total energy as a time varying signal over a given sample period.; L eq is typically computed over 1, 8 and 24-hour sample periods. [Added 1992, Ord. 2545]

    Erosion. The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep. [Added 1999, Ord. 2863]

    Erosion and Sediment Control Plan. A plan which fully indicates necessary land treatment and structural measures, including a schedule of the timing for their installation which will effectively minimize soil erosion and sediment yield. [Added 1999, Ord. 2863]

    Erosion and Sediment Control Specialist. A person who has been certified for having special training and experience in erosion and sedimentation by an organization recognized by the County as specializing in soil and water conservation. [Added 1999, Ord. 2863]

    Evapotranspiration (ET o ). The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. [Added 1993, Ord. 2648]

    Excavation. Any activity by which earth, sand, gravel, rock or any other similar material is dug into, cut quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting thereof. Excavation excludes activities associated with crop production, such as cultivation, disking, harrowing, raking or chiseling, planting, plowing, seeding, or other tilling. [Added 1999, Ord. 2863; Amended 2010, Ord. 3188]

    Existing Grade. See "Grade."

    Exploration. The search for minerals by geological, geophysical, geochemical or other techniques including, but not limited to, sampling, assaying, drilling, or any surface or underground works used to determine the type, extent, or quantity of minerals present (includes prospecting).

    Exterior-Illuminated Sign. See "Sign, Exterior - Illuminated."

    Extraction. The removal from the earth of oil, gas or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.

    F. Definitions, "F."

    Family. One person living alone or two or more persons related each to all others by blood, marriage or legal adoption, or a group of no more than five unrelated persons living in a single dwelling.

    Family, Immediate. Relatives of an applicant or spouse of applicant, limited to grandparents, parents, children, and siblings.

    Farm Equipment and Supplies (land use). Establishments primarily engaged in sale, rental or repair of agricultural machinery and equipment for use in the preparation and maintenance of the soil, the planting and harvesting of crops, and other operations and processes pertaining to work on the farm; also dairy and other livestock equipment. Includes agricultural machinery (except the sale of trailers, tractors and other motorized, self-propelled farm vehicles, which are included under "Auto, Mobile Home and Vehicle Dealers and Supplies"), dairy farm machinery and equipment, irrigation equipment, poultry equipment and frost protection equipment; hay, grain and feed sales; retail sales of prepackaged fertilizer and agricultural sprays. Sales may include the final assembly of farm machinery, implements or equipment from component parts received from the manufacturer in a partially assembled state, but not the creation of such components from raw materials.

    Farm Support Quarters (land use). 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.

    [Amended 1992, Ord. 2544]

    Fault Trace. A line projected on the earth's surface to reflect the alignment of a geologic fault.

    Fill. (1) A deposit of earth, sand, gravel, rock, or any other suitable material placed by artificial means; any act by which earth, sand, gravel, rock, or any other suitable material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefore. (2) The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade, as measured in a vertical plane.

    [Amended 1999, Ord. 2863]

    Financial Services (land use). 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 predominantly operating) companies; and other investment companies; vehicle finance (equity) leasing agencies. (SIC: Groups 60, 61, 62, 67)

    Finish Grade. See "Grade."

    Fire Hazard. The measure of the potential for range, brush and forest fires based upon the type of plant community, as defined and mapped by the Safety Element and expressed in the following table.

    WILDLAND FIRE HAZARD FUEL POTENTIAL
    Very High High
    Moderate
    Chaparral North Coastal Scrub
    Riparian Woodland
    Beach-Dune
    Foothill Woodland
    North Coastal Grassland Coastal Sand-Plains
    Juniper/Oak Woodland
    Evergreen Forest
    Saline Plains
    Interior Herbaceous
    Coastal Salt Marsh
    Desert Scrub
    Freshwater Marsh

     

    [Amended 1988, Ord. 2367; 1999, Ord. 2880]

    Fisheries and Game Preserves (land use). Resource extraction operations engaged in commercial fishing (including marine-related animals, mammals, etc.), and the operation of fish hatcheries, fish and game preserves, and game propagation. (SIC: Group 09)

    Flammable Liquid. Liquids with flash points below 100 o F, including but not limited to gasoline, acetone, benzene, ethyl ether and ethyl alcohol.

    Flash Point. The minimum temperature of a liquid at which sufficient vapor is given off to form an ignitable mixture with the air near the surface of the liquid.

    Flood or Flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from:

    a.

    The overflow of inland or tidal waters and/or

    b.

    The unusual and rapid accumulation of runoff of surface waters from any source.

    [Added 1986, Ord. 2250]

    Flood Boundary Floodway Map. The official Flood Boundary Floodway Map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. [Added 1986, Ord. 2250; Amended 2004, Ord. 3024]

    Flood Fringe. That portion of the flood plain outside the floodway.

    Flood Insurance Rate Map (FIRM). The official Flood Insurance Rate Map on which the Federal Insurance Administration has delineated both the areas of special flood-hazards and the risk premium zones applicable to the community. [Added 1986, Ord. 2250]

    fig80-3.png

    Figure 80-3: Floodway and Flood Fringe

    Flood Insurance Study. The report entitled "The Flood Insurance Study for San Luis Obispo County," dated July 18, 1985, provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Insurance Rate Map (FIRM), The Flood Boundary Floodway Map, and the water surface elevation of the base flood. [Added 1986, Ord. 2250]

    Flood, 100-Year. See "Base Flood"

    [Amended 2004, Ord. 3024]

    Flood Plain. Land that has been or may be hereafter covered by flood water, including but not limited to the 100-year flood.

    Flood Profile, Storm. A graph or longitudinal profile showing the relationship of the water-surface elevation of a flood event to location along a stream or river.

    Floodproofing. Any combination of structural and non-structural additions, changes or adjustments to non-residential structures which reduce or eliminate flood damage to real estate or improved property.

    [Amended 1986, Ord. 2250]

    Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot.

    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.

    [Amended 1982, Ord. 2091]

    Floor Area. When implementing Section 22.12.080 - Inclusionary Housing, "floor area" shall mean all work and/or living area inside the perimeter of the exterior walls of the building under consideration, without deduction for corridors, stairways, toilet rooms, mechanical rooms, closets, or other features.

    [Amended 2012, Ord. 3236]

    Flow Rate. The rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). [Added 1993, Ord. 2648]

    Flowering. "Flowering" means that a cannabis plant has formed a mass of pistils measuring greater than one half inch wide at its widest point. [Added, 2018, Ord. 3377]

    Food and Beverage Products (land use). Manufacturing establishments producing or processing foods and beverages for human consumption and certain related products. Includes:

    bakery, sugar, and confectionery products

    beverages and liquors (except wineries; see "Ag Processing")

    bottled water production

    canned and preserve fruit and vegetables and related processing

    dairy products processing

    fats and oil products, including rendering plants and olive oil produced with the use of solvents (Olive oil produced without the use of solvents is included under "Ag Processing") [Amended 2012, Ord. 3235]

    grain mill products and by-products

    ice plants

    meat, poultry and seafood slaughtering, and curing, and by-product processing

    miscellaneous food preparation from raw products

    Operations on crops after harvest are included under "Ag Processing." (SIC: Group 20)

    Forestry (land use). Establishments primarily engaged in operation of timber tracts, tree farms, forest nurseries, and related activities such as reforestation services; also the gathering of gums barks, sap, moss and other forest products; also includes logging camps and sawmills (except for mills producing finished lumber, which are included under Lumber and Wood Products). (SIC: Groups 08, 241)

    Fowl or Poultry Ranches. The keeping or raising of more than 25 mature birds, including game fowl, chickens, or turkeys.

    Freestanding Sign. See "Sign, Freestanding."

    Freeway Identification Sign. See "Sign, Freeway Identification."

    Front Lot Line. See "Property Line, Front."

    [Amended 1986, Ord. 2250]

    Front Yard. See "Setback, Front."

    Frontage. A property line of a lot that abuts a street. Primary frontage is indicated by the street for which the property is given a street number. Secondary frontage includes all other frontages.

    Fuelbreak. A strip or block of land on which vegetation above ground has been modified to low volumes of fuel, where fires burning into it can be more readily controlled. The following rule of thumb should be used for clearance widths. one tractor blade width for grassy areas and a double tractor blade width for chaparral areas. [Added 1999, Ord. 2863]

    Fuel Dealers (land use). Retail trade establishments primarily engaged in the sale to consumers of fuel oil, butane, propane and liquefied petroleum gas (LPG), bottled or in bulk, as a principal use. (SIC: Group 598)

    Fuel Modification Area. An area where the volume of flammable vegetation has been reduced by thinning and removal of dead material, on both sides of a driveway or road for a distance of ten feet on each side. The fuel modification area is to provide for reduced fire intensity and duration. [Added 1991, Ord. 2523]

    Furniture and Fixtures Products (land use). Manufacturers producing: wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and public building furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes wood and cabinet shops. (SIC: Group 25)

    Furniture, Home Furnishings and Equipment (land use). 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. (SIC: Group 57)

    G. Definitions, "G."

    Garage. An entirely enclosed structure for the storage of vehicles.

    Garage, Private. A building for storing self-propelled vehicles that is not open to the public, which may include an accessory workshop. (Defined under "Residential Accessory Uses" by the LUE).

    Garage, Public. Any premises (except a private garage) used for the storage and/or care of self-propelled vehicles, or where such vehicles are equipped for sale or lease. (Included under "Vehicle Storage," as defined by the Land Use Element).

    General Plan. The San Luis Obispo County General Plan, including all elements thereof and all amendments thereto, as adopted by the Board of Supervisors in compliance with Government Code Sections 65300 et seq.

    General Retail (land use). 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. (SIC: Groups 53, 56, 591-594)

    Glass Products (land use). Manufacturing establishments producing flat glass and other glass products which are pressed, blown, or shaped from glass produced in the same establishment. Does not include artisan and craftsman type operations of a larger scale than home occupations, which are listed under "Small Scale Manufacturing." (SIC: Groups 321, 323)

    Government Code. Government Code of the State of California.

    Grade. The vertical location of the ground surface, as follows:

    a.

    Existing or Natural Grade. The contour of the ground surface before grading.

    b.

    Rough Grade. The stage at which the grade approximately conforms to the approved plan.

    c.

    Finish Grade. The final terrain contour of the site that conforms to the approved grading plan.

    Grading. Any activity which involves the physical movement of earth material. This includes any excavating, filling, stockpiling, movement of material, compaction of soil, creation of borrow pits, or combination thereof, but does not include surface mining or quarrying operations (including the extraction and stockpiling of excavated products and the reclamation of mined lands) operating in conformance with Chapter 22.36 (Surface Mining and Reclamation).

    [Amended 1999, Ord. 2863]

    Greenhouse. See "Nursery."

    Grocery Stores (land use). 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. (SIC: Groups 54, 592)

    Gross Floor Area. See "Floor Area, Gross."

    Gross Site Area. See "Site Area."

    Groundwater. Subsurface water in a zone of saturation. [Added 1999, Ord. 2863]

    Groundwater Recharge. Any of the approved methods that are designed to detain or slow surface water runoff so that percolation is enhanced. [Added 1999, Ord. 2863]

    Guesthouse. Sleeping facilities detached from a principal residence, which may include a bathroom and other living space, but not kitchen facilities.

    Gully. A channel or miniature valley cut by concentrated runoff but through which water commonly flows only during and immediately after heavy rains. [Added 1999, Ord. 2863]

    H. Definitions, "H."

    Habitat, Important. Habitat that is necessary for the success of those plants and animal species identified as candidate, rare, threatened or endangered, or habitat that is identified by the State. [Added 1999, Ord. 2863]

    Health Care Services (land use). 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; 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 classified in "Residential Care." (SIC: Group 80)

    Health Department. The San Luis Obispo County Health Department.

    Hearing Body. See "Review Authority." [Added 1992, Ord. 2553]

    Height. See "Building Height." [Added 1986, Ord. 2250]

    Heliports. Any area of land or water used or intended for the take-off and landing of helicopters.

    Highest Adjacent Grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [Added 2018, Ord. 3372]

    Historical Resource. An important resource that is associated with an event or person of recognized significance in California or American history. [Added 1999, Ord. 2863]

    Homeless Shelter. See "Emergency Shelter." [Added 2010, Ord. 3199]

    Home Occupations (land use). 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 commodity sold on the premises except as provided by Section 22.30.230 (Home Occupations), and no persons employed other than residents of the dwelling.

    Horizontal Clear Area. The area beneath the horizontal surface.

    Horizontal Surface. See "Imaginary Surfaces."

    Hours of Operation. The time span within which a business is open to customers or clients entering the premises. [Added 1982, Ord. 2091]

    Household. When implementing Section 22.12.080 - Inclusionary Housing, "household" shall mean all of the persons who occupy a housing unit.

    [Amended 2012, Ord. 3236]

    Housing Impact Fee. A fee paid to the County to off-set the demand for housing created by commercial development, in conformance with Section 22.12.080 - Inclusionary Housing.

    [Amended 2012, Ord. 3236]

    Housing Market Area. When implementing Section 22.12.080 - Inclusionary Housing, a Housing Market Area is one of four geographical areas within which a permitted development or subdivision and all subsequent off-site inclusionary housing units and/or land donations shall be located pursuant to the Housing Market Area Map.

    [Amended 2012, Ord. 3236]

    Housing Market Area Map. Area 1: North County - includes Santa Margarita, Atascadero, Creston, Templeton, Paso Robles and Shandon. Area 2: South County - includes Oceano, Nipomo, Woodlands, Pozo and California Valley. Area 3: Central County - includes San Luis Obispo, Avila Beach and Arroyo Grande Area 4: North Coast - includes Los Osos, Morro Bay, Cayucos, Cambria and San Simeon.

    [Amended 2012, Ord. 3236]

    fig80-4.png

    Figure 80-4: Housing Market Area Map

    Hydrozone. A portion of the landscape area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. [Added 1993, Ord. 2648]

    I. Definitions, "I."

    Identification Sign. See "Sign, Identification."

    Imaginary Surfaces. As defined by the U.S. Federal Aviation Administration, in their Federal Aviation Administration Regulations, Volume XI, Part 77, imaginary surfaces are continuous planes in three-dimensional space that describe regions of airspace above and adjacent to an airport where aircraft maneuvers may occur, and include approach surfaces, horizontal surfaces, primary surfaces, and transitional surfaces.

    Immature Plant. "Immature plant" or "immature" means a cannabis plant which has a first true leaf measuring greater than one half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one half inch wide at its widest point (if vegetatively propagated), but which is not flowering. [Added 2018, Ord. 3377]

    Immediate Family. See "Family, Immediate."

    Impervious. A surface that is incapable of being penetrated or passed through. [Added 2010, Ord. 3188]

    Import. Earth material acquired from an off-site location for use in grading on a site. [Added 1999, Ord. 2863]

    Improved Lot. Any lot where one or more improvements are located that require a building or mobile home installation permit.

    Improvements. Includes any structures or mobile homes for which a building or installation permit is required.

    Impulsive Sound or Noise. Sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of impulsive sound include explosions, hammering and discharge of firearms.

    [Amended 1992, Ord. 2545]

    Incidental Camping Area. Any area or tract of land where camping is incidental to the primary use of the land for agricultural or other uses listed by the Land Use Element as allowable in the Agricultural or Rural Lands category, and where one or more campsites are rented or leased or held out for rent or lease.

    Inclusionary Housing Agreement. A recorded agreement executed by the County and applicant or developer as provided by Section 22.12.080.J - Inclusionary Housing - Compliance procedures.

    [Amended 2012, Ord. 3236]

    Inclusionary Housing Unit. A dwelling unit which is developed under the provisions of Section 22.12.080- Inclusionary Housing, and which is and remains affordable to households of very low-income, lower-income, moderate income or workforce pursuant to Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Indoor Amusements and Recreation (land use). 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.

    Indoor Cultivation. The cultivation of cannabis within a permanent structure using a combination of natural light, light deprivation, and/or artificial lighting. Does not include cultivation within a cannabis hoop structure. [Added 2018, Ord. 3377]

    Industrial Hemp. As defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code, as they may be amended. [added 2017, Ord. No. 3358]

    Infiltration rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). [Added 1993, Ord. 2648]

    In-lieu fee. A fee paid to the County as an alternative to the production of inclusionary housing units, in conformance with Section 22.12.080 - Inclusionary Housing.

    [Amended 2012, Ord. 3236]

    Inoperative Vehicle. Any vehicle that has remained continuously in one location for more than 180 days. [Added 1981, Ord. 2063]

    Interceptor Ditch. Interceptor ditches are permanent structures located on top of man-made or natural slope that divert drainage away from the face of the slope. [Added 1999, Ord. 2863]

    Interior-Illuminated Sign. See "Sign, Interior-Illuminated."

    Interior Lot Line. See "Property Line, Interior."

    Intruding Noise Level. The sound level created, caused, maintained, or originating from an alleged offensive source, measured in decibels, at a specified location while the alleged offensive source is in operation. [Added 1992, Ord. 2545]

    Irrigable. A lot with on-site water sources sufficient to support any crop suited to the soil type and climate of a site without reliance on rainfall. This capability may be inferred where more than 50% of the total land area of lots bordering a site (with equivalent soils and microclimate) are irrigated.

    Irrigated. A lot having existing wells, water storage, and/or drip irrigation system adequate to support any crop suited to the soil type and climate of a site.

    Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics. [Added 1993, Ord. 2648]

    Issuance. See "Permit Issuance."

    J. Definitions, "J."

    No specialized terms beginning with the letter "J" are used at this time.

    K. Definitions, "K."

    Kennel, Boarding or Commercial. A facility for the keeping, boarding or maintaining of four or more dogs four months of age or older, or four or more cats for commercial purposes, except for dogs or cats in pet shops or animal hospitals. Kennels are not considered a commercial animal raising operation for the purpose of creating new parcels in compliance with Chapter 22.22 (Land Division Design Standards)

    [Amended 1981, Ord. 2063; 1987, Ord. 2309]

    Kennel, Non-Commercial. Any dog kennel in which four or more dogs are kept for non-commercial reasons, including hunting and herding livestock, subject to the requirements of Section 9.04.110 of this code. [Added 1981, Ord. 2063]

    Key. A designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.

    Key Lot. See "Lot, Key."

    L. Definitions, "L."

    Landscape Architect. One who practices landscape architecture holding a license from the State of California to practice landscape architecture. [Added 1999, Ord. 2863]

    Landscape Area. All exterior areas of the site improved with a combination of hard and soft paving materials (excluding driveways), water features, turf and other plant materials. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included in calculations of irrigated landscape. Water features are included in the calculation of the irrigated landscape area. [Added 1993, Ord. 2648]

    Land Use. See "Use of Land."

    [Amended 1986, Ord. 2250]

    Land Use Category (also Land Use Designation). Any of the districts defined by Chapter 7, Part I of the LUE, which are applied to the unincorporated portions of San Luis Obispo County for the purpose of identifying areas of land suitable for particular land uses.

    Land Use Element. The Land Use Element (LUE) of the San Luis Obispo County General Plan adopted in compliance with California Government Code Section 65302.

    [Amended 1992, Ord. 2553]

    Land Use Permit or Entitlement. A ministerial or discretionary permit that grants an applicant the authority to establish a use of land only after obtaining additional building or grading permits, as required. For the purposes of this Title, land use permits are Zoning Clearance, Site Plan Review, Minor Use Permit, and Conditional Use Permit established by Article 6.

    [Amended 1986, Ord. 2250]

    Lateral Line. The water delivery pipeline that delivers landscape irrigation water from the valve or outlet to the irrigation system. [Added 1993, Ord. 2648]

    Laundries and Dry Cleaning Plants (land use). Service establishments primarily engaged in high volume laundry and garment services, including: power laundries (family and commercial); garment pressing and dry cleaning; linen supply; diaper service; industrial laundries; carpet and upholstery cleaners. Does not include coin-operated laundries or dry cleaning pick-up stores without dry cleaning equipment, which are classified in "Personal Services." (SIC: Group 72)

    Leaching Capacity. The ability of soils to absorb septic tank discharges through a leach field or pit, determined through a percolation test, expressed as the length of time required for one inch of liquid to percolate into the soil of a percolation test hole. Fair to good leaching capacity is generally five minutes or less per one inch of fall.

    Legally Responsible Person (LRP). 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. [Added 2013, Ord. 3251]

    Libraries and Museums (land use). Permanent public or quasi-public facilities generally of a non-commercial nature such as libraries, museums, art exhibitions, planetariums, aquariums, botanical gardens, and arboretums. (Zoos are included under "Animal Facilities.") Also includes historic sites and exhibits. (SIC: Group 84)

    Light Deprivation. The use of any technique to eliminate natural light in order to induce flowering. [Added 2018, Ord. 3377]

    Light Source. A device that produces illumination, including incandescent bulbs, fluorescent and neon tubes, halogen and other vapor lamps, and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source is considered to be part of the light source.

    Loading Space or Berth. A space used exclusively for loading or unloading of other than passengers from vehicles into the floor area, use area, or storage area of a building.

    Local or Minor Street. Defined in Chapter 6, Part I of the LUE.

    Lodging - Bed and Breakfast Inns (land use). 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," which are defined separately; rooming and boarding houses which are included under "Multi-Family Dwellings"; or the rental of an entire residence for one week or longer. (Amended 1995, Ord. 2740)

    Lodging - Homestays (land use). Residential structures in Residential Single Family and Residential Suburban neighborhoods with a family in permanent residence where no more than two bedrooms without cooking facilities are rented for overnight lodging. Does not include provision of meals. This definition does not include "Bed and Breakfast Facilities" and "Hotels, Motels", which are defined separately; rooming and boarding houses which are included under "Multi-Family Dwellings"; or the rental of an entire residence for one week or longer. [Added 1995, Ord. 2740]

    Lodging - Hotels, Motels (land use). 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 in compliance with Section 22.30.290 (Lodging - Hotels, Motels - Condominium or Planned Development). Also includes accessory guest facilities such as swimming pools, tennis courts, indoor athletic facilities, and accessory meeting and conference facilities, etc. (SIC: Group 701)

    [Amended 1995, Ord. 2740]

    Lot. See "Parcel."

    Lot, Corner - Side and Front. A corner lot is located immediately adjacent to the intersection of two public vehicular rights-of-way, including railroads. The narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is side, regardless of the direction which the dwelling faces. (See Figure 80-5).

    fig80-5.png

    Figure 80-5: Corner Lot and Key Lot

    Lot Coverage. See "Coverage."

    Lot, Double-Frontage. A lot extending between two streets, so that both front and rear yards abut a street. (See Figure 80-6).

    fig80-6.png

    Figure 80-6: Double Frontage Lot

    Lot, Key. The lot located immediately adjacent to a corner lot, oriented so the narrowest dimension of one of the corner lot side yards is adjacent to the narrowest dimension of the front yard of the key lot (See Figure 80-5).

    Lot Line. See "Property Line."

    Lot Width. Distance between interior property lines, measured along the front setback line, as applied to the lot in question.

    Low Impact Development (LID) Handbook. The County of San Luis Obispo Low Impact Development Handbook, which has been adopted by resolution of the Board of Supervisors after a duly noticed public hearing. Until such a time as the LID Handbook is adopted, the reference manual(s) identified by the Director of Planning and Building may be used to guide Low Impact Development design. [Added 2010, Ord. 3188]

    Low or Lower Income Household. A household whose annual income does not exceed 80 percent of the median income of the County of San Luis Obispo, pursuant to Land Use Ordinance Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Lumber and Wood Products (land use). Manufacturing and processing uses including merchant sawmills, lath mills, shingle mills, cooperage stock mills, planing mills, plywood and veneer mills engaged in producing lumber and basic wood products; together with the wholesale and retail sale of such products and establishments engaged in manufacturing finished articles made entirely or mainly of wood or wood substitutes, including wood and cabinet shops. Also included are: truss and structural beam assembly; wood containers, pallets and skids; wood preserving; particle board assembly; turning and shaping wood and wood products on a manufacturing basis; mobile home and modular home assembly. Logging camps are included in "Forestry"; craft-type shops are included in "Small Scale Manufacturing." The sale of building materials other than wood products and the sale of construction tools and equipment is included under "Building Materials and Hardware." (SIC: Groups 242, 245, 249)

    M. Definitions, "M."

    Machinery Manufacturing (land use). Establishments engaged in manufacturing machinery and equipment such as: engines and turbines; farm and garden machinery and equipment (except for secondary assembly of such products which is included under Farm Equipment and Supplies); construction, mining and materials handling machinery and equipment such as bulldozers, cranes, dredging machinery, mining equipment, oil filed equipment, passenger and freight elevators, conveyors, industrial trucks and tractors; machine tools such as gear cutting machines, die casting machines, dies, jigs, industrial molds, power driven hand tools; machinery for use in the food products, textile, woodworking, paper or printing industries; general machinery and equipment such as pumps, roller bearings, industrial furnaces and ovens; office, computing and accounting machines such as typewriters, computers, dictating machines; machinery for refrigeration and service industries such as commercial laundry and dry cleaning equipment, heating, ventilating and air conditioning equipment, commercial cooking and food warming equipment; miscellaneous machinery such as carburetors, pistons and valves. (SIC: Group 35)

    Mail Order and Vending (land use). 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. (SIC: Group 596)

    Main Building. See "Building, Main."

    Main Line. The water delivery pipeline that delivers landscape irrigation water from the water source to the valve or outlet. [Added 1993, Ord. 2648]

    Manufacturing Uses. Any of the uses listed in the manufacturing and processing group by Section 22.06.030 (Allowable Land Uses and Permit Requirements), which may include accessory retail sales of products produced on-site.

    Map Act. See "Subdivision Map Act."

    Marijuana . See "Cannabis."

    Marinas (land use). Establishments providing water-oriented services such as: yachting and rowing clubs, boat rental, storage and launching facilities; sport fishing activities, excursion boat and sight-seeing facilities, and other marina-related activities, including but not limited to fuel sales, boat and engine repair and sales. Boat storage and launching facilities accessory to a camping facility are also included under the definition of "Rural Recreation and Camping."

    Market-rate Unit. When implementing Section 22.12.080 - Inclusionary Housing, a "market-rate unit" is a dwelling unit in a residential development or mixed-use development that is not an inclusionary housing unit.

    [Amended 2012, Ord. 3236]

    Marquee Sign. See "Sign, Marquee."

    Mature Plant. "Mature plant" or "mature" means a cannabis plant that is flowering. [Added 2018, Ord. 3377]

    Maximum Extent Practicable (MEP). 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. [Added 2013, Ord. 3251]

    Medical Cannabis. See "Cannabis."

    Medical Marijuana. See "Cannabis."

    Membership Facilities. See "Clubs, Lodges, and Private Meeting Halls."

    Metal Industries, Fabricated (land use). Manufacturing establishments engaged in assembly of metal parts, including blacksmith and welding shops, sheet metal shops, machine shops and boiler shops, which produce metal duct work, tanks, towers, cabinets and enclosures, metal doors and gates, and similar products.

    Metal Industries, Primary (land use). Manufacturing establishments engaged in the smelting and refining of ferrous and nonferrous metals from ore, pig, or scrap; in the rolling, drawing, and alloying of ferrous and nonferrous metals; in the manufacture of castings, forgings, stampings, extrusions and other basic products of ferrous and nonferrous metals; and in the manufacture of nails, spikes, and insulated wire and cable. Merchant blast furnaces and by-product or beehive coke ovens are also included. (SIC: Group 33)

    Mined Lands. Includes the surface, subsurface, and groundwater of an area where surface mining operations will be, are being, or have been conducted, including all accessory access roads, land excavations, workings, mining waste, and areas where structures, facilities, and surface mining equipment, machines, tools or other materials or property are located.

    Minerals. Any naturally-occurring chemical element, compound or groups of elements and compounds, formed from inorganic processes or organic substances, including but not limited to coal, granite, limestone, metals, peat, "redrock" sand and gravel, tar sand and bituminous sandstone, but excluding geothermal resources, natural gas, and petroleum.

    Minimum Parcel Size or Area. The area established in Chapter 22.22 (Land Division Design Standards).

    Minimum Site Area. The smallest lot of record or contiguous lots in a single ownership, as determined by the planning area standards of Article 9, Section 22.10.110, or Article 4, on which a new land use may be established. This is measured as net site area (See "Site Area, Net").

    Mining (land use). Resource extraction establishments primarily engaged in mining, developing mines or exploring for metallic minerals (ores), coal and nonmetallic minerals (except fuels), or surface mines extracting crushed and broken stone, dimension stone or sand and gravel. (See also "Stone and Cut Stone Products"). (SIC: Groups 10, 11, 12, 14)

    Mining Operator. Any person engaged in surface mining operations, or who contracts with others to conduct operations on his behalf.

    Mining Waste. Includes residual soil, minerals, liquid, vegetation, tailings, abandoned equipment, tools, other materials or physical conditions directly resulting from or displaced by mining.

    Ministerial Permit. Any permit that may be issued under the provisions of this Title without review by the Planning Commission or Board of Supervisors. A ministerial decision involves only the evaluation of a proposal with respect to fixed standards or objective measurements, without the use of subjective criteria.

    Mixed-use development. When implementing Section 22.12.080 - Inclusionary Housing, "mixed development" is a development project that combines residential and non-residential uses on the same site, where the proposed residential unit(s) is in addition to any on-site residential caretaker unit(s) developed pursuant to Section 22.30.430. When implementing Section 22.12.080, a mixed-use project shall have at least 25 percent of its total floor area designated for habitable residential use.

    [Amended 2012, Ord. 3236]

    Mobile Home Parks (land use). Any area or tract of land where two or more mobile home lots or spaces are leased or rented, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes or mobile homes used for human habitation. The rental paid for a manufactured home or mobile home shall be deemed to include rental for the lot it occupies. Does not include an area or tract of land in the Agriculture or Rural Lands land use categories where two or more mobile home lots or spaces are rented or leased to accommodate manufactured homes or mobile homes for the purpose of housing less than five agricultural employees, which is included under "farm support quarters."

    [Amended 1992, Ord. 2544]

    Mobile Homes (land use). A structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. As defined, mobile homes do not include recreational vehicles, commercial coaches, or factory-built housing (which is included under the definition of "single-family dwelling").

    Moderate income household. A household whose annual income does not exceed 120 percent of the median income of the County of San Luis Obispo, pursuant to Land Use Ordinance Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Monument Sign. See "Sign, Monument."

    Motor Vehicles and Transportation Equipment (land use). Manufacturers of equipment for transporting passengers and cargo by land, air and water, including motor vehicles, aircraft, spacecraft, ships, boats, railroad and other vehicles such as motorcycles, bicycles and snowmobiles. Includes manufacture of motor vehicle parts and accessories; trailers and campers for attachment to other vehicles; self-contained motor homes; and van conversions. Does not include mobile home and modular home assembly (listed under "Lumber and Wood Products"). (SIC: Group 37)

    Mulch. Any organic material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. [Added 1993, Ord. 2648]

    Multi-Family Area. An area to which the Residential Multi-Family land use category has been applied by the Land Use Element.

    Multi-Family Dwellings (land use). 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 planned developments, condominiums 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 10 or fewer beds for rent).

    [Amended 2013, Ord. 3242]

    Multiple-Residence Project. A land development project involving simultaneous or sequential construction of more than one dwelling unit, and such units are not detached single-family residences on individual lots of record.

    Municipal Separate Storm Sewer System (MS4). See "stormwater conveyance system." [Added 2010, Ord. 3199]

    N. Definitions, "N."

    Native Plant. Plant species and mix that are natural to the site and surrounding area. [Added 1999, Ord. 2863]

    Native Vegetation. 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. [Added 2010, Ord. 3188]

    Natural Grade. See "Grade."

    Natural Gradient. The slope of the area being worked in its natural state, exclusive of minor deviations. [Added 1999, Ord. 2863]

    Net impervious area. 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.

    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. [Added 2013, Ord. 3251]

    Net Site Area. See "Site Area, Net." [Added 1981, Ord. 2063]

    New Land Use. See "Use, New."

    Noise or Sound Level. The quantity of sound in decibels, and as specified by Section 22.10.120.

    Non-Illuminated Sign. See "Sign, Non-Illuminated."

    Non-Residential Use. All uses of land including agricultural, communication, cultural, educational, recreation, manufacturing, processing, resource extraction, retail trade, services, transient lodging, transportation and wholesale trade uses, as defined by the Land Use Element of the San Luis Obispo County General Plan, as amended, except facilities for residences.

    North Arrow. Any graphic symbol clearly indicating the direction of true north, magnetic north or assumed north on a drawing or plan.

    Nursery. Facility for propagation and/or sale of horticultural or ornamental plant materials and related products, included under the definition of "Nursery Specialties" in the Land Use Element, and further defined as follows:

    a.

    Retail Nursery. A nursery offering products to the general public, including plant materials, planter boxes, fertilizer, garden tools, and related items.

    b.

    Wholesale Nursery. A nursery that sells plant materials raised on the same site to other businesses.

    c.

    Accessory Nursery. A nursery that is developed as a subordinate use to a principal or main building.

    d.

    Greenhouse. A nursery facility (may be used with any of the above nurseries in accordance with the standards in Section 22.30.310) for indoor propagation of plants, constructed with transparent panels, including lath houses.

    Nursery School. See "Preschool."

    Nursery Specialties (land use). 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 (home greenhouses are included under "Residential Accessory Uses.")

    Nursing and Personal Care (land use). Residential establishments providing nursing and health related care as a principal use with in-patient beds, including: skilled nursing care facilities; extended care facilities; convalescent and rest homes; board and care homes. (SIC: Group 805)

    O. Definitions, "O."

    Obstruction in Floodway. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire fence, rock, gravel, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse, or flood-hazard areas that may impede, retard or change direction of flow, either in itself, or by catching or collecting debris carried by such water, or that is placed where it might be carried downstream and damage life or property.

    Occupant. The person occupying, or otherwise in real or apparent charge and control of premises affected by any enforcement action.

    Off-Premise Sign. See "Sign, Off Premise."

    Off-Road Vehicle Courses (land use). Rural areas set aside for the use of off-road vehicle enthusiasts including dirt bike, enduro, hill climbing or other off-road motorcycle courses; also, rural areas for competitive events utilizing four-wheel drive vehicles. Does not include sports assembly facilities, or simple access roads which are usable by only four-wheel drive vehicles.

    Off-site unit. When implementing Section 22.12.080 - Inclusionary Housing, an "off-site unit" is an inclusionary housing unit that will be built separately or at a different location than the main development.

    [Amended 2012, Ord. 3236]

    Offices (land use). 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 (land use). A mobile home, 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.

    Official Plan Line. A line adopted by the county Board of Supervisors to indicate the area proposed to be acquired for an enlarged right-of-way. (See also "Front Yard").

    On-site unit. When implementing Section 22.12.080 - Inclusionary Housing, an "on-site unit" is an inclusionary housing unit that will be built as part of the main development.

    [Amended 2012, Ord. 3236]

    Open Area. All areas of a lot not included within the definition of floor area: parking, recreation spaces, passive open areas, landscaped areas and other open, unpaved areas of the site.

    Open Space Plan. Part of the San Luis Obispo County General Plan, adopted in compliance with Government Code Section 65560.

    Operating Pressure. The pressure (usually expressed in pounds per square inch - psi) at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. [Added 1993, Ord. 2648]

    Organizational Houses (land use). Residential lodging houses operated by membership organizations for their constituents and not open to the general public. Includes fraternity and sorority residential houses.

    [Amended 1994, Ord 2686]

    Outdoor Activity Area. Any part of a site where commercial, industrial, recreation or storage activities related to the principal use of a site are conducted outdoors, except for parking.

    Outdoor Cultivation. The cultivation of cannabis without the use of artificial lighting in the canopy area at any point in time. Includes cultivation within a cannabis hoop structure. [Added 2018, Ord. 3377]

    Outdoor Retail Sales (land use). 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, which are included under "Storage Yards and Sales Lots."

    Outdoor Sports and Recreation Facilities (land use). Facilities for various outdoor sports and recreation, including: amusement, theme and kiddie parks; golf courses, (including country clubs and accessory on-site sales of golfing equipment as in a "pro shop," including golf carts), golf driving ranges and miniature golf courses; skateboard parks and water slides; go-cart and miniature auto race tracks; recreation equipment rental (e.g., ATCs and other non-highway motor vehicles, roller skates, surf and beach 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.

    Outdoor Use. Storage yards, sales lots, or sales from vehicles.

    Overburden. Soil, rock or other materials above or within a natural mineral deposit, before or after removal by mining operations.

    Overhead Sprinkler Irrigation Systems. Those irrigation systems with higher flow rates (pop-ups, impulse sprinklers, rotors, etc.). [Added 1993, Ord. 2648]

    Overspray. The water which is delivered beyond the landscape area, wetting pavements, walks, structures, or other areas which are not a part of the landscape area. [Added 1993, Ord. 2648]

    Owner. The person or persons, firm, corporation or partnership that is the owner of record of a premises identified on the last equalized assessment roll.

    Ownership. Ownership of one or more parcels of land (or possession under a contract to purchase or under a lease, the term of which is not less than 10 years) by a person or persons, firm, corporation or partnership, individually, jointly, in common or in any other manner whereby such property is under single or unified control.

    P. Definitions, "P."

    Paper Products (land use). Manufacture of pulps from wood, other cellulose fibers and from rags; the manufacture of paper and paperboard; and the manufacture of paper and paperboard into converted products, such as paper coated off the paper machine, paper bags, paper boxes, and envelopes. Also includes building paper and building board mills. (SIC: Group 26)

    Parcel.

    a.

    A parcel of real property shown on a subdivision or plat map, required by the Subdivision Map Act (or local ordinance adopted pursuant thereto) to be recorded before sale of parcels shown on the map or plat, at the time the map was recorded;

    b.

    A parcel of real property that has been issued a certificate of compliance in compliance with Government Code Section 66499.35; or

    c.

    A parcel of real property not described in a or b above, provided the parcel resulted from a separate conveyance or from a decree of a court of competent jurisdiction which was record before the requirement of the filing of the subdivision map by the Subdivision Map Act or local ordinance adopted pursuant thereto.

    Parking Bay. Interior space used for vehicle parking that is individually enclosed on at least three sides.

    Parking Space. A space on a building site at least eight feet by 14 feet located off the street with access for parking automobiles.

    Parkway. A continuous landscape strip that separates a street curb from the adjacent sidewalk.

    Particulate Matter. Any material except uncombined water that exists in finely-divided form as a liquid or solid at standard conditions.

    Paving Materials (land use). Manufacturing establishments producing various common paving and roofing materials, including paving blocks made of asphalt, creosoted wood and various compositions of asphalt and tar. (SIC: Group 295)

    Periodic. Intermittent while work is in progress. [Added 1999, Ord. 2863]

    Permit. Any formal authorization or entitlement from, or approval by the County, the absence of which would preclude establishment of a land use, activity, construction project, grading or surface mining operation.

    Permit, General. The National Pollutant Discharge Elimination System (NPDES) General Permit (No. CAS000004) issued by the State Water Resources Control Board, including subsequent amendments or modifications. [Added 2010, Ord. 3188]

    Permit, General Construction. The National Pollutant Discharge Elimination System (NPDES) General Permit (No. CAS000002) issued by the State Water Resources Control Board, including subsequent amendments or modifications. [Added 2010, Ord. 3188]

    Permit, Grading. A document issued by the Director authorizing grading work. [Added 1999, Ord. 2863]

    Permit Holder. The landowner and/or responsible party acting on behalf of the landowner. [Added 2010, Ord. 3188]

    Permit Issuance. The act of final approval of an application for a permit or land use entitlement in accordance with the provisions of this Title.

    Person. Any individual, firm, co-partnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

    Personal Services (land use). 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.

    Pet Shop. A facility for the conduct of a business for buying and selling (or bartering) birds, animals or fowl, except livestock. [Added 1981, Ord. 2063]

    Petroleum Extraction (land use). Resource extraction establishments primarily engaged in: producing crude petroleum and natural gas; recovering oil from oil sands and shales; and producing natural gasoline and cycle condensate. Activities include exploration, drilling, oil and gas well operation and maintenance, operation of natural gas and cycle plants, the mining and extraction of oil from oil sands and shales, and on-site processing only to the extent necessary to permit extraction (e.g., enhanced recovery techniques including the use of steam generators), or to conform extracted crude to pipeline requirements. (SIC: Group 13)

    Petroleum Refining and Related Industries (land use). Establishments primarily engaged in petroleum refining and compounding lubricating oils and greases from purchased materials. Also includes oil or gas processing facilities, liquefied natural gas (LNG) facilities, manufacture of petroleum coke and fuel briquettes, and tank farms. Does not include petroleum bulk stations, surge tanks and pump stations, which are included in "pipelines and transmission lines." (Petroleum and petroleum products distributors are included in "Wholesaling and Distribution.") (SIC: Group 291, 299)

    Pipelines and Transmission Lines (land use). Transportation facilities primarily engaged in the pipeline transportation of crude petroleum; refined products of petroleum such as gasoline and fuel oils; natural gas; mixed, manufactured or liquefied petroleum gas; or the pipeline transmission of other commodities. Also includes pipeline surface and terminal facilities, including pump stations, bulk stations, surge and storage tanks. Power transmission includes facilities for the transmission of electrical energy for sale, including transmission lines for a public utility company. Also includes telephone, telegraph, cable television and other communications transmission facilities utilizing direct physical conduits. Does not include offices or service centers (classified in "Offices"), equipment and material storage yards (classified under "Storage Yards and Sales Lots"), distribution substations (classified under "Public Utility Facilities"), or power plants (classified under "Electric Generating Plants") (SIC: Groups 461, 491)

    [Amended 1989, Ord. 2411].

    Planned Development. "Planned development" means a development (other than a community apartment project, a condominium project, or a stock cooperative) having either or both of the following features:

    (1)

    The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area.

    (2)

    A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separate interests in accordance with Section 1367 or 1367.1 (California Civil Code Section 1351).

    [Added 2013, Ord. 3242]

    Planning Area. One of the planning areas as identified in the Land Use Element.

    Planning Area Standards. Development criteria for specific unincorporated communities and areas, in Article 9.

    Planning Commission. The Planning Commission of San Luis Obispo County as established by Chapter 2.24 of this code.

    Planning Department. See "Department of Planning and Building."

    Planning Director. See "Director of Planning and Building."

    Plastics and Rubber Products (land use). Establishments producing rubber products such as: tires; rubber footwear; mechanical rubber goods; heels and soles; flooring; and rubber sundries from natural, synthetic or reclaimed rubber, gutta percha, balata, or gutta siak. Also includes establishments primarily manufacturing tires (establishments primarily recapping and retreading automobile tires are classified in "Auto, Mobile Home and Vehicle Dealers and Supplies"). Also includes: establishments engaged in molding primary plastics for the trade, and manufacturing miscellaneous finished plastics products; fiberglass manufacturing, and fiberglass application services. (SIC: Group 30)

    Political Sign. See "Sign, Political."

    Preschool. Day-care facility serving more than six children and/or licensed by a school district under Education Code Section 16725.

    Price Sign. See "Sign, Price."

    Primary Surface. See "Imaginary Surfaces."

    Principal Structure. See "Building, Main."

    Printing and Publishing (land use). Establishments engaged in printing by letterpress, lithography, gravure, screen, offset or other common process including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade such as bookbinding, type-setting, engraving, photoengraving and electrotyping. This group also includes establishments that publish newspapers, books and periodicals, whether or not they do their own printing; and establishments manufacturing business forms and binding devices. (SIC: Group 27)

    Project. Any land use, activity, construction or development which required to be authorized by a permit in compliance with this Title before beginning construction or establishment of the use.

    Project Site. See "Subject Site."

    Projecting Sign. See "Sign, Projecting."

    Property Line. The recorded boundary of a lot of record.

    Property Line, Front. The recorded boundary between the front yard of a lot of record and the abutting street right-of-way.

    Property Line, Interior. The recorded boundary between two or more lots of record.

    Property Line, Street Frontage. The recorded boundary between a lot of record and a street right-of-way.

    Prospecting. See "Exploration."

    Public Agency. For the purposes of this Title, public agency means only the county of San Luis Obispo, the community service districts or incorporated cities within the county, the state of California or the federal government.

    Public Assembly and Entertainment (land use). Facilities for public assembly and group entertainment such as: public and semi-public auditoriums; exhibition and convention halls; civic theaters, meeting halls and facilities for "live" theatrical presentations or concerts by bands and orchestras; motion picture theaters; amphitheaters; meeting halls for rent and similar public assembly uses.

    Public Resources Code. The Public Resources Code of the State of California.

    Public Safety Facilities (land use). Facilities operated by public agencies including fire stations, other fire prevention and fire fighting facilities, police and sheriff substations and headquarters, including interim incarceration facilities (not including jails, which are defined under "Correctional Institutions").

    Public Utility. A company regulated by the California Public Utilities Commission.

    Public Utility Facilities (land use). Fixed-base structures and facilities serving as junction points for transferring utility services from one transmission voltage to another or to local distribution and service voltages. These uses include any of the following facilities: electrical substations and switching stations; telephone switching facilities; natural gas regulating and distribution facilities; public water system wells, treatment plants and storage; and community wastewater treatment plants, settling ponds and disposal fields. Nothing in this definition is intended to require a land use permit where Government Code Section 53091 would exempt local agencies from permit requirements. These uses do not include uses that are not directly and immediately used for the production, generation, storage, or transmission of water, wastewater or electrical power such as an office or customer service centers (classified in "Offices"), or equipment and material storage yards (classified in "Storage Yards and Sales Lots).

    [Amended 1989, Ord. 2411; 1995, Ord. 2740].

    Public Works Department. The San Luis Obispo County Public Works Department.

    Q. Definitions, "Q."

    Qualified Stormwater Pollution Plan Developer (QSD). An individual who is authorized to develop and revise Stormwater Pollution Prevention Plans. [Added 2013, Ord. 3251]

    Qualified Stormwater Pollution Plan Practitioner (QSP). 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. [Added 2013, Ord. 3251]

    R. Definitions, "R."

    Rain Sensing Device. A system which automatically shuts off the landscape irrigation system when it rains. [Added 1993, Ord. 2648]

    Rangeland. See "Crop Production."

    Rangeland Management. Any modifications to the land designed to improve forage for domesticated livestock. [Added 2010, Ord. 3188]

    Rare, Threatened or Endangered Species. Those plants and animal species identified as candidate, rare, threatened or endangered based upon. State regulations (California Administrative Code, Title 14, Sections 670.2 or 670.5), Federal regulations (Title 50, Code of Federal Regulations, Sections 17.11 or 17.12), or where an unlisted species has been shown to meet the criteria for a rare or endangered species. [Added 1999, Ord. 2863]

    Reader Board. A sign that accommodates changeable copy and which displays information on activities and events on the premises, but not including a marquee.

    Rear Yard (or Setback). See "Yard, Rear."

    Reclamation. The process of land treatment that minimizes and mitigates otherwise unavoidable or existing water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface or underground mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed and restored to a usable condition readily adaptable for alternate land uses and that will constitute no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

    Reclamation Plan. A mine operator's completed and approved plan for reclaiming the lands affected by mining operations conducted after January 1, 1976, as called for in Public Resources Code Section 2772, and in Chapter 22.36 (Surface Mining and Reclamation).

    Recreational Vehicle. A motorhome, house car, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation or recreational or emergency occupancy, 8 which meets all of the following criteria:

    a.

    Contains less than 320 square feet of internal living area, excluding built-in equipment such as wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

    b.

    Contains 400 square feet or less of gross area measured at maximum horizontal projections.

    c.

    Is built on a single chassis.

    d.

    Is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.

    [Amended 1987, Ord. 2319]

    Recreational Vehicle Parks (land use). Transient lodging establishments primarily engaged in renting, leasing or otherwise providing overnight or short-term sites for motorhomes, trailers, campers or tents, with or without individual utility hookups, but with other facilities such as public restrooms. May include accessory food and beverage retail sales where such sales are clearly incidental and intended to serve RV park patrons only. Does not include incidental camping areas, which are included under "Rural Sports and Group Facilities."

    Recycled Water, Reclaimed Water, Treated Sewage Effluent Water, or Greywater. Treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. [Added 1993, Ord. 2648]

    Recycling Collection Stations (land use). Facilities for temporary accumulation and storage of recyclable discarded materials, which are subsequently transported to recycling centers or solid waste disposal sites for further processing. Includes sites for implementing the California Beverage Container Recycling Act (AB 2020). (Does not include automobile wrecking yards or any recycling processing facilities, which are listed under Recycling and Scrap; does not include temporary storage of toxic or radioactive waste materials).

    Recycling and Scrap (land use). Establishments primarily engaged in assembling, breaking up, sorting temporary storage and distribution of recyclable or reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles for scrap. Also includes any storage of such materials in an area larger than 200 square feet or higher than six feet. Does not include terminal waste disposal sites, which are separately defined. does not include temporary storage of toxic or radioactive waste materials.

    Recycling Facility. An area greater than 300 square feet, used for outdoor storage, sorting handling, processing, dismantling, wrecking, keeping or sale of inoperative, discarded, wrecked, or abandoned appliances, vehicles, boats, building materials, machinery, equipment, or parts thereof, including but not limited to scrap materials, wood, lumber, plastic, fiber, or other tangible materials that cannot, without further reconditioning, be used for their original purposes. Includes both wrecking yards for vehicles and recycling centers handling such materials as glass, paper and aluminum.

    [Amended 1981, Ord. 2063]

    [Redevelopment - Added 2010, Ord. 3188; Deleted 2013, Ord. 3251]

    [Regulated Development - Added 2010, Ord. 3188; Deleted 2013, Ord. 3251]

    Religious Facilities (land use). Religious organization facilities operated for worship or promotion of religious activities, including churches, synagogues, and mosques, religious Sunday-type schools and monasteries, convents, and other religious residential retreats. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (such as a recreational camp) are classified according to their respective activities.

    [Amended 1994, Ord. 2686]

    Remove. In the case of an approved land use, remove means to eliminate the use or structure from the approved site.

    Repair Services - Consumer Products (land use). 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, which are included under "Business Support Services." (SIC: Group 76)

    Residence. See "Dwelling." [Added 1986, Ord. 2250]

    Residence, Single-Family Hillside. Any single family residence that involves development on slopes steeper than 10 percent. [Added 2010, Ord, 3188]

    Residence, Primary and Secondary. A primary residence is one single-family dwelling constructed on a lot. A secondary residence is an additional detached single-family dwelling on the same lot permitted under the provisions of Section 22.10.130 or 22.30.470 (Secondary Dwellings).

    [Amended 1986, Ord. 2250; 1992, Ord. 2539]

    Residential Accessory Uses (land use). 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.

    Residential Care (land use). Establishments primarily engaged in the provision of residential social and personal care for children, the aged, and special categories of persons with some limits on the ability for self-care, but where medical care is not a major element and twenty-four hour supervision is provided. Includes: children's homes; orphanages; and halfway houses, rehabilitation centers and self help group homes with 24 hour supervision. (SIC: Group 836)

    [Amended 2010, Ord. 3199]

    Residential Category or Area. Any Residential land use category as identified in the Land Use Element; indicates reference to any or all of the residential land use categories (including Rural, Suburban, Single-Family, or Multi-Family).

    Residential development. When implementing Section 22.12.080 - Inclusionary Housing, a "residential development" is a development project which results in the subdivision of land or real property for residential use and/or the construction or conversion of dwelling(s), including but not limited to: detached residential single family dwellings, multi-family dwelling units, condominiums and mobilehomes. [Amended 2012, Ord. 3236]

    Residential Vacation Rentals (land use). A Residential Vacation Rental is the use of an entire existing residence as a rental for transient use. This definition does not include the single tenancy rental of the entire residence for periods of thirty consecutive days or longer. Rental of a room or portion of an existing residence for less than 30 days is instead subject to Section 22.30.260 (Lodging - Bed and Breakfast Facilities) or Section 22.30.270 (Lodging - Homestays). Rental of a residential vacation rental shall not exceed one individual tenancy per seven calendar days. [Added 2016, Ord. 3338]

    Resource Extraction Well. Any facility constructed or installed for the purpose of extracting subsurface minerals from the earth that occur in a fluid or gaseous state, or minerals converted to a gaseous or semi-fluid state through extraction processes, which involve drilling apparatus. For the purposes of this definition only, mineral resources include oil, gas, geothermal steam, or other subterranean deposits, except water. These wells may be for purposes of exploration or production.

    Restaurants (land use). Establishments selling prepared foods and drinks for on-premise consumption Also includes drive-in 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. See also "Bars and Night Clubs." (SIC: Group 58)

    Retail. See "Commercial Retail Category," "Use, Commercial Retail."

    Revegetation. Any combination of mechanical or other means by which a graded surface is returned to a condition where it supports temporary and permanent natural vegetation.

    [Amended 1999, Ord. 2863]

    Review Authority. The individual or group identified by this Title as having the authority to take action to approve, approve subject to conditions or disapprove a land use permit application in compliance with this Title; either the Director of Planning and Building, Subdivision Review Board, Planning Commission, or Board of Supervisors. [Added 1992, Ord. 2553]

    Review Body. See "Review Authority." [Added 1992, Ord. 2553]

    Right-of-Way. A public road, alley, pedestrian or other access right-of-way with width described in recorded documents. Also includes rights-of-way for electric power transmission, oil and gas pipelines and communications systems utilizing direct connections, such as cable TV, telephone, etc.

    [Amended 1989, Ord. 2409]

    Rill Erosion. Erosion that occurs or results in rills formed within a watershed. [Added 1999, Ord. 2863]

    Road Access. See "Access."

    Road. Vehicular access to more than one lot of record; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two structures or four or more dwelling units.

    [Amended 1991, Ord. 2523]

    [Roadside Stand - Deleted 2012, Ord. 3235]

    Roof Sign. See "Sign, Roof."

    Rough Grade. See "Grade."

    Runoff. The surface water flow or rate of flow in a given drainage area after a fall of rain. [Added 1993, Ord. 2648; amended 1999, Ord. 2863]

    Rural Area (or Category). Any area or land use category outside of the urban or village reserve lines established by the LUE.

    Rural Recreation and Camping (land use). Facilities for special group activities such as: outdoor archery, pistol, rifle, and skeet clubs and facilities (indoor shooting facilities are included under the definition of "Amusements and Recreational Services"); dude and guest ranches; health resorts including but not limited to outdoor hot spring or hot tub facilities; hunting and fishing clubs; recreational camps (including incidental RV camping, but not RV parks); group or organized camps; incidental seasonal camping areas without facilities. Equestrian facilities including riding academies and schools, boarding stables and exhibition facilities are included under the definition of "Animal Facilities." Camping facilities may include accessory boat storage and launching facilities where approved in compliance with Section 22.30.520 (Rural Recreation and Camping).

    S. Definitions, "S."

    Safety Element. The Safety Element of the San Luis Obispo County General Plan, prepared and adopted in compliance with Government Code Section 65302.

    Sandy Area. Portions of the Nipomo Mesa and Baywood/Los Osos area indicated on the official sandy area maps on file in the Department of Planning and Building, indicating areas of fair to good leaching capacity.

    Scarify. To abrade, scratch or modify the surface, for example, to break the surface of the soil with a narrow blade implement. [Added 1999, Ord. 2863]

    Schools - Specialized Education and Training (land use). Business, secretarial schools and vocational schools offering specialized trade and commercial courses. Includes specialized non-degree granting schools such as: music schools; dramatic schools; language schools; driver education schools; ballet and other dance studios; seminaries and other establishments exclusively engaged in training for religious ministries; and establishments furnishing educational courses by mail. Facilities, institutions and conference centers are included that offer specialized programs in personal growth and development (including fitness, environmental awareness, arts, communications, and management, as examples). (SIC: Groups 834, 829)

    Schools - College and University (land use). Junior colleges, colleges, universities and professional schools granting associate arts degrees, certificates, undergraduate and graduate degrees and requiring for admission at least a high school diploma or equivalent general academic training. (SIC: Group 822)

    Schools - Preschool to Secondary (land use). Pre-school, day-care centers, elementary and secondary schools serving grades 1 through 12, including denominational and sectarian. Kindergartens and military academies are also included. (SIC: Group 821)

    Scrap. Used metal including appliances and machine parts, which can be recycled or re-used only with repair, refurbishing, or attachment to other such materials.

    Secondary Dwelling (land use). A second permanent dwelling that is accessory to a primary dwelling on a site. (Amended 1995, Ord. 2740)

    Section. When used in this Title to refer to its provisions, the term "Section" means all language following a section number (e.g. 22.02.034), including all subsections following (e.g. A., B.1.c, etc.), up to the next Section number. [Added 1986, Ord. 2250]

    Sediment. Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water gravity, or ice and has come to rest on the earth's surface. [Added 1999, Ord. 2863]

    Sediment Detention Basin. A sediment detention basin is a reservoir which retains flows sufficiently to cause deposition of transported sediment and debris. [Added 1999, Ord. 2863]

    Sedimentation. The addition of soil materials through erosion to a stream or water body that increases the turbidity of the water.

    Seepage. (1) Water escaping through or emerging from the ground along an extensive line or surface as contrasted with a spring where the water emerges from a localized spot. (2) The process by which water percolates through the soil. [Added 1999, Ord. 2863]

    Septic System. Any combination of septic tanks and leaching systems or areas.

    Service Commercial. See "Commercial Service Category," and "Use, Commercial Service."

    Setback. An open area on a lot between a building or structure, and a property line or other site feature specified by this Title, unoccupied and unobstructed from the ground upward, except as otherwise provided in Section 22.10.140 (Setbacks). (See Figure 80-7).

    [Amended 1982, Ord. 2091; 1986, Ord. 2250]

    fig80-7.png

    Figure 80-7: Setbacks and Buildable Area

    Setback, Front. An open area without structures, extending across the front of a lot between the side property lines. The front of a lot is the most narrow dimension of the lot parallel to a street, and adjacent to that street. The front setback is measured from the street line of the lot to the nearest line of the building, except where any official plan line has been established for the street upon which the lot faces, or where the lot contains a dedicated public right-of-way, the front yard measurement is to be taken from such plan line or right-or-way line. Where a building line is established in an official recorded or adopted building line map, such building line will define the front yard area. (See Figure 80-7).

    Setback, Interior. Any open area of a site not within a required front, rear, or side setback area. (See Figure 80-7).

    Setback Line. The line formed by the measurement of required front, side, or rear yard areas required by this Title. All setback lines together define the buildable area. See also "Yard."

    Setback, Rear. A primarily open area without principal structures, extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the building.

    Setback, Side. A primarily open area without principal structures, between the side line of the lot and the nearest line of the building and extending between the required front and rear setbacks.

    Sheet Erosion. Erosion resulting from movement of water from sheet flow. [Added 1999, Ord. 2863]

    Sheet Flow. Water, usually storm runoff, flowing in a thin layer (from 1 to 3 feet) over the ground surface; overland flow. [Added 1999, Ord. 2863]

    Shopping Center. Five or more stores with a minimum site area of 50,000 square feet, 300 feet of public street frontage and common off-street parking.

    Side Yard. See "Setback, Side."

    Sign. Any visual device or representation designed or used for communicating a message, or identifying or attracting attention to a premise, product, service, person, organization, business or event, not including such devices visible only from within a building.

    Sign Area. The area of the smallest rectangle within which a single sign face can be enclosed.

    Sign Copy. The information content of a sign, including text, illustrations, logos and trademarks.

    Sign, Directory. A sign identifying the location of occupants of a building or group of buildings which are divided into rooms or suites used as separate offices, studios or shops.

    Sign, Exterior-Illuminated. Any sign, any part of which is illuminated from an exterior artificial light source mounted on the sign, another structure, or the ground.

    Sign Face. The visible portions of a sign including all characters and symbols, but excluding structural elements not an integral part of the display.

    Sign, Freestanding. A sign not attached to any buildings and having its own support structure.

    Sign, Freeway Identification. An on-site sign permitted for a highway-oriented use (see Chapter 22.20 (Signs).

    Sign Height. The vertical distance from average adjacent ground level to the top of the sign including the support structure and any design elements.

    Sign, Identification. Any sign identifying an occupant, apartment, residence, school, church, or certain business uses and not advertising any product or service.

    Sign, Interior-Illuminated. A sign with any portion of the sign face or outline illuminated by an interior light source.

    Sign, Marquee. A sign placed on the face of a permanent roofed structure, projecting over the building entrance, which is an integral part of the building (usually a theater or hotel).

    Sign, Monument. A self-supported sign with its base on the ground, not exceeding 6 feet in height.

    Sign, Non-Illuminated. A sign illuminated only incidentally by ambient light conditions.

    Sign, Off-Premise. A sign directing attention to a business, service, product, or entertainment not sold or offered on the premises on which the sign is located.

    Sign, Political. A sign drawing attention to or communicating a position on any issue, candidate, or measure in any national, state, local or school campus election.

    Sign, Price. A sign on the premises of a gasoline service station, identifying the cost and type or grade of motor fuel only.

    Sign, Projecting. A sign extending from a building face or wall so that the sign face is perpendicular or at an angle to the building face or wall.

    Sign, Roof. Any sign located on, or attached to the roof of a building.

    Sign, Suspended. A sign attached to and located below any permanent eve, roof, or canopy.

    Sign, Temporary. A sign used not more than 60 days, or other period limited by the duration of an activity specified in Section 22.30.580 (Temporary Uses - General Standards).

    Sign, Wall. A single-faced sign painted on or attached to a building or wall, no part of which extends out from or above a wall more than six inches.

    Sign, Window. A sign displayed within a building or attached to a window but visible through a window or similar opening for the primary purpose of exterior visibility.

    Simple Tone Noise. Any noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by the county. [Added 1992, Ord. 2545]

    Single-Family Dwelling (land use). 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.

    Site. Any lot or parcel of land or contiguous combination thereof, under the same ownership, or with the contiguous owners written consent, where grading or other use or activity regulated by this Title is performed or permitted.

    [Amended 1999, Ord. 2863]

    Site Area, Gross. The total area of a legally created parcel (or contiguous parcels of land in single or joint ownership when used in combination for a building or permitted group of buildings), including any ultimate street right-of-way, existing rights-of-way deeded to the parcel, and all easements (except open space easements), across the site.

    [Amended 1981, Ord. 2063]

    Site Area, Net. The gross site area minus any ultimate street rights-of-way and any easements (except open space easements) that limit the surface use of the site for building construction.

    [Amended 1981, Ord. 2063]

    Site Area, Usable. Net site area minus any portions of the site that are precluded from building construction by natural features or hazards, such as areas subject to inundation by tides or the filling of reservoirs or lakes. [Added 1981, Ord. 2063]

    Site Coverage. See "Coverage."

    Site Disturbance. Any activity that involves clearing, grubbing, grading, or disturbances to the ground such as stockpiling or excavation. [Added 2010, Ord. 3188]

    Slope. Degree of inclination or percent of slope. An inclined ground surface. The inclination of which is expressed as a ratio of horizontal distance to vertical distance, as in two to one (2.1), meaning a horizontal distance of two (2) feet to one (1) foot vertical. [Added 1999, Ord. 2863]

    Slope, Average. The characteristic slope over an area of land, expressed in percent as the ratio of vertical rise to horizontal distance. In any cluster development (see Section 22.22.140) or where the size of the proposed new parcels is 10 acres or greater, average slope is to be determined for the entire site and does not need to be determined for each proposed parcel. In all other cases, average slope is to be determined based on the most accurate available topographic information for each proposed new lot. One of the following methods for determining average slope is to be used:

    a.

    Basic Method. Where slopes are uniform, with little variation, the basic method can be used to determine average slope. Where a line is drawn between highest and lowest points on a parcel is adequate to represent direction and extent of slope for the entire parcel, the difference in elevation between the high and low points, divided by the distance between the points, will determine the average slope.

    b.

    Sectional Method. Where the parcel contains distinct sections of differing slope, the average slope of each section may be determined according to the contour measurement method in (c) below. The average slope of each section is then used in proportion of the section's area to the total area to determine the average slope of the entire parcel.

    c.

    Contour Measurement Method. Where varied slope conditions or complex topography exist, the most precise measurement of average slope is the contour measurement method. The following formula shall be used to determine average slope:

    S = .00229(I × L)
    A

    Where S = Average slope of parcel in percent
    A = Total number of acres in the parcel (or section of parcel)
    L = Length of contour lines in scaled feet
    I = Vertical distance of contour interval in feet.

    [Amended 1992, Ord. 2553]

    Slope Drains. Permanent or temporary devices that are used to carry water down cut, fill or natural slopes to and from bench drains. [Added 1999, Ord. 2863]

    Small Lot Single Family (land use). A building or factory-built housing designed for /or occupied exclusively for residential occupancy where the consistent with the standards of this Title for Small Lot Single Family. Also includes attached ownership units using common wall development, a planned development, or cluster division. [Added 2013, Ord. 3242]

    Small Scale Manufacturing (land use). Manufacturing establishments not classified in another major manufacturing group, including: jewelry, silverware and plated ware; musical instruments; toys; sporting and athletic goods; pens, pencils, and other office and artists' materials; buttons, costume novelties, miscellaneous notions; brooms and brushes; caskets; and other miscellaneous manufacturing industries. Also included are artisan and craftsman-type operations which are not home occupations, and which are not secondary to on-site retail sales. Also includes small-scale blacksmith and welding services when accessory to another use. (SIC: Group 39)

    Social Service Organizations (land use). Public or quasi-public establishments providing social services and rehabilitation services, counseling centers, welfare offices, job counseling and training centers, or vocational rehabilitation agencies, serving persons with social or personal problems requiring special services and the handicapped and the disadvantaged. Includes organizations soliciting funds to be used directly for these and related services. Also includes establishments engaged in community improvement and neighborhood development. (Does not include child day-care services such as pre-schools which are classified under "Schools - Preschool to Secondary," or "Residential Care," which are separately defined). (SIC: Group 83)

    Soil (earth). Sediments or other unconsolidated accumulation of solid particles produced by the physical and chemical disintegration of rocks, and which may or may not contain organic matter. [Added 1999, Ord. 2863]

    Soil Texture. The classification of soil based on the percentage of sand, silt, and clay in the soil. [Added 1993, Ord. 2648]

    Solar Efficiency. The extent to which a building or structure uses solar energy in winter or repels solar energy in summer by natural or man-made devices (trees and vegetation, or architectural features, respectively).

    Sound Level Meter. Any instrument for the measurement of sound levels, which meets or exceeds the American National Standard Institute Standard S1.4-1971 for Type 1 or Type 2 sound level meters, or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

    [Amended 1992, 2545]

    Special Use. See "Use, Special."

    Sports Assembly (land use). Facilities for spectator-oriented specialized group sports assembly that include: stadiums and colosseums; arenas and field houses; race tracks (auto and animals); motorcycle racing and drag strips; and other sports considered commercial. (SIC: Group 794)

    Sprinkler Head. A landscape irrigation device which sprays water through a nozzle. [Added 1993, Ord. 2648]

    Start of Construction: For the purposes of Section 22.14.060, start of construction includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Added 2018, Ord. 3372]

    State Board. The State Mining and Geology Board, in the Department of Conservation, State of California.

    State Geologist. The individual holding office as structured in Section 677 of the Public Resources Code.

    Static Water Pressure. The pipeline or municipal water supply pressure when water is not flowing. [Added 1993, Ord. 2648]

    Station. An area served by one landscape irrigation valve or by a set of landscape irrigation valves that operate simultaneously. [Added 1993, Ord. 2648]

    Stockpiling. The accumulation of earth material in one location. [Added 1999, Ord. 2863]

    Stone and Cut Stone Products (land use). Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses. Also includes establishments primarily engaged in buying or selling partly finished monuments and tombstones. (SIC: Group 328)

    Storage, Accessory (land use). 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.

    Storage Area. An area proposed or used for the outdoor storage of supplies or equipment, or goods for sale, lease, or incidental use.

    Storage Yards and Sales Lots (land use). Service establishments primarily engaged in the outdoor storage of motor vehicles, construction equipment, materials or supplies, farm machinery or industrial supplies on a lot or portion of a lot greater than 300 square feet in area. Sales lots consist of any permanent outdoor sales area for motor vehicles, recreational vehicles, mobile homes, construction equipment, farm machinery or other heavy equipment; outdoor equipment rental yards (not including recreational equipment rental, which is under "Participant Sports and Active Recreation"); large-scale temporary or permanent outdoor sales activities such as swap meets and flea markets; or livestock auctions and sales. Also includes retail ready-mix concrete operations which are incidental to an outdoor equipment rental yard.

    Stormwater Conveyance System. 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 storm water;

    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.

    [Added 2010, Ord. 3188]

    Storm Event. A rainfall event that produces more than 0.1 inch of precipitation and which is separated from the previous storm event by at least 72 hours of dry weather. [Added 2010, Ord. 3188]

    Story. Usable floors of a building, except that where Articles 1 through 8 of this ordinance or a planning area standard of Article 9 use stories as a measurement of building height, basements or building floors six feet or more below street level are not included. [Added 1981, Ord. 2063]

    Stream/Creek, "Blue Line." Any bed, channel or bank of any river, stream or lake as shown with a "blue" line on a USGS 7-1/2 minute (1:24,000) quadrangle map. The surface or subsurface water flow within these "blue" line delineations could be perennial, intermittent, or ephemeral. [Added 1999, Ord. 2863]

    Street. A thoroughfare that provides the principal means of vehicle access to abutting property.

    Street Tree. Any plant material located adjacent to a public street, having the capability of growth that will produce a vegetative canopy above a trunk not less than 10 feet high.

    Stripping. Any activity which significantly disturbs vegetated or otherwise stabilized soil surface including clearing and brushing operations. [Added 1999, Ord. 2863]

    Structural Alteration. Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

    Structural Clay and Pottery-Related Products (land use). Manufacturing establishments primarily producing brick and structural clay products, including pipe, china plumbing fixtures, and vitreous china articles, fine earthenware and porcelain electrical supplies and parts. Artist/craftsman uses are included in "Small Scale Manufacturing" or "Home Occupations." (SIC: Groups 325, 326)

    Structural Use. See "Use, Structural."

    Structure. Any artifact constructed or erected, the use of which requires attachment to the ground, including any building (see "Building"), and including a gas or liquid storage tank that is principally above ground, but not including fences or walls six feet or less in height or open wire fencing.

    [Amended 1999, Ord. 2863; 2004, Ord. 3024]

    Structure, Accessory. A structure, the use of which is incidental to that of a principal structure on the same lot. May be either detached, or attached if part of the principal structure.

    Structure, Principal. See "Building, Main or Principal."

    Subdivision Map Act. The California Subdivision Map Act, Government Code Sections 66400 et seq.

    Subdivision Map, Tentative or Final. As defined in Title 21 of this code and the Subdivision Map Act, Government Code Sections 66400 et seq.

    Subdivision, Workforce Housing. A subdivision of land intended to create housing that is affordable to San Luis Obispo County's workforce. Lots created in a workforce housing subdivision held in individual ownership. Each lot is structurally independent with no common walls.

    [added 2017, Ord. 3340]

    Subject Site. A parcel or parcels of land which are the intended or actual location of a land use or land development project which is the subject of an application for land use permit, construction permit, variance or adjustment, or an amendment to the Land Use Element.

    Substation. Any public utility electrical substation, pumping station, pressure regulating station, or similar facility.

    Supportive Housing (land use). Dwelling units with no limit on length of stay, that are occupied by the target population as defined in subdivision (d) of Section 53260, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Health and Safety Code Section 50675.14). "Target population" means adults with low incomes having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people (Health and Safety Code Section 53260 d). [Added 2010, Ord. 3199]

    Surface Mining Operations. All or any part of the process involved in the mining of minerals or construction materials on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine (included under "Mines" as defined in the Land Use Element"). In addition, surface mining operations include, but are not limited to:

    a.

    Inplace distillation, restoring or leaching;

    b.

    The production and disposal of mining waste;

    c.

    Prospecting and exploratory activities;

    d.

    Extractions of natural materials for building, construction, etc.

    Swale. A low lying stretch of land which gathers or carries surface water runoff. [Added 1999, Ord. 2863]

    T. Definitions, "T."

    Temporarily Deactivated Operation. A surface mine that has been closed down and which the operator has maintained in the expectation of reopening it when conditions justify.

    Temporary Construction Trailer Park (land use). 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 as authorized by Section 22.30.590.

    Temporary Construction Yards (land use). 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 Dwelling (land use). Includes the temporary use of a mobile home or recreational vehicle as a dwelling unit, following the issuance of a building permit for a permanent residence while the permanent residence is under construction.

    Temporary Events (land use). 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.

    Temporary Sign. See "Sign, Temporary."

    Tenancy. An individual business occupant of a commercial building or group of buildings on a single site.

    Terrace.

    a.

    In the case of a grading or surface mining operation, a terrace is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

    b.

    A terrace is also an outdoor living or activity area constructed with tile, asphalt, concrete or other paving laid upon continuous base material or fill, placed directly on grade.

    Textile Products (land use). Manufacturing establishments engaged in performing any of the following operations: Preparation of fiber and subsequent manufacturing of yarn, threads, braids, twine cordage; manufacturing woven fabric and carpets and rugs from yarn; dying and finishing fiber, yarn, fabric, and knit apparel; coating, waterproofing, or otherwise treating fabric; the integrated manufacture of knit apparel and other finished products from yarn; and the manufacture of felt goods, lace goods, non-woven fabrics and miscellaneous textiles. (SIC: Group 22)

    This Code. The San Luis Obispo County Code, including all parts thereof, and all amendments thereto.

    Title 29 - Affordable Housing Fund. The fund established by the County to receive all in-lieu fees and housing impact fees collected pursuant to Section 22.12.080 - Inclusionary Housing. See San Luis Obispo County Code Title 29 - Affordable Housing Fund.

    [Amended 2012, Ord. 3236]

    Top of Creek Bank. The uppermost ground elevation paralleling a creek or watercourse where the gradient changes from a more defined vertical component to more horizontal. [Added 1999, Ord. 2863]

    Topography. (1) The configuration of a surface, including its relief and the position of its natural and man made features. (2) A rendering of the results of a topographical survey. [Added 1999, Ord. 2863]

    Topsoil. The upper strata of soil materials which is of most value for supporting vegetation, generally not exceeding two feet in depth, and occasionally more shallow, depending on the site.

    Transit Stations and Terminals (land use). Passenger stations for vehicular and rail mass transit systems; also terminal facilities providing maintenance and service for the vehicles operated in the transit system. Includes buses, taxis, railway, subway, etc. (SIC: Group 41)

    Transitional Housing (land use). Dwelling units configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months (Health and Safety Code Section 50675.2). [Added 2010, Ord. 3199]

    Transitional Surface. See "Imaginary Surfaces."

    Truck Stops (land use). Service establishments primarily engaged in the sale of diesel fuel and gasoline to commercial trucks in transit. Such establishments may also include vehicle services incidental to fuel sales including mechanical repair, lubrication, oil change and tune-up, as well as accessory towing services and accessory trailer rental, but does not include the storage of wrecked or abandoned vehicles. May also include driver services such as a small convenience store, restaurant or coffee shop, showers and lockers.

    Turf. A surface layer of earth containing mowed grass with its roots. [Added 1993, Ord. 2648]

    Turnaround. An area, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. The minimum turning radius for a cul-de-sac turnaround shall be 40 feet from the centerline of the road or driveway. The minimum length of a "T" turnaround shall be a total of 60 feet. [Added 1991, Ord. 2523]

    Turnout. A widening in the road to allow vehicles to pass. Turnouts shall be a minimum of 10 feet wide and 30 feet long with a minimum 25 foot taper on each end. [Added 1991, Ord. 2523]

    U. Definitions, "U."

    Unit. See "Dwelling." [Added 1986, Ord. 2250]

    Unsuitable Material. All vegetation, non-complying fill, soil containing organic matter, compressible earth material and all other earth material which would adversely affect the safety or stability of proposed grading. [Added 1999, Ord. 2863]

    Urban Area. Any area within the urban reserve lines established by the Land Use Element of the general plan.

    Urban Reserve Line. As defined in Framework for Planning, Part I of the Land Use Element.

    [Amended 1995, Ord. 2741]

    Urban Services Line. As defined in Framework for Planning, Part I of the Land Use Element.

    [Amended 1995, Ord. 2741]

    Usable Site Area. See "Site Area, Usable." [Added 1981, Ord. 2063]

    Use. See "Use , Allowable." [Added 1986, Ord. 2250, Amended 1992, Ord. 2553]

    Use, Accessory. A use accessory to any principal use and customarily a part thereof, which is clearly incidental and secondary to the principal use and does not change the character of the principal use. Section 22.30.030 establishes standards for accessory uses.

    [Amended 1992, Ord. 2553]

    Use, Allowable. The purpose for which a parcel of land, a premises or building is designed, arranged or intended, or for which it is or may be occupied or maintained. These uses are identified by Section 22.06.030 (Allowable Land Uses and Permit Requirements) as being possible to establish in a given land use category subject to the standards of this Title with either a ministerial or discretionary permit.

    [Amended 1992, Ord. 2553]

    Use, Approved. A use of land authorized to be constructed and/or established through issuance of an approved land use permit in compliance with Article 6 (Land Use and Development Permit Procedures).

    [Amended 1992, Ord. 2553]

    Use Area. The area of a site used for buildings (main or accessory) and storage area or other incidental use, but not including parking or landscaping.

    Use Area, Active. All portions of a site and buildings included in the use area, except storage, parking and landscaping.

    Use, Commercial Retail. Any use listed in the Land Use Element in the retail trade group.

    Use, Commercial Service. Any use listed in the Land Use Element in the services group.

    Use, Industrial. Any use listed in the Land Use Element in the manufacturing and processing group.

    Use, Institutional. An area developed or to be developed with any of the following or similar public buildings or uses owned by a public or nonprofit agency: Office, libraries, playgrounds, parks, assembly halls, police station, fire station, schools, hospitals or rest homes.

    Use, New. A use of land (see "Use"), which is proposed to be established of constructed after the adoption of this Title.

    Use of Land. See "Use, Allowable." Use of Land.

    [Amended 1986, Ord. 2250; 1992, Ord. 2553]

    Use, Principal or Main. The primary purpose for which a building, structure, or lot is designed arranged, or intended, or for which they may be used, occupied, or maintained under this Title. (See also "Use, Accessory", and "Structure, Principal").

    Use, Residential. Any use listed in the Land Use Element in the residential group.

    Use, Structural. A use of land accompanied by a building or structure (not including fences), on the same lot of record.

    V. Definitions, "V."

    Valve. A device used to control the flow of water in a landscape irrigation system. [Added 1993, Ord. 2648]

    Vehicle and Freight Terminals (land use). Transportation establishments furnishing services incidental to transportation including: freight forwarding services; transportation arrangement services; packing, crating, inspection and weighing services; freight terminal facilities; joint terminal and service facilities; trucking facilities, including transfer and storage; and postal service bulk mailing distribution centers. Includes rail, air and motor freight transportation. This definition does not include sites for the storage or transfer of toxic or radioactive waste materials. (SIC: Groups 40, 42)

    Vehicle Storage (land use). Service establishments primarily engaged in the business of storing operative cars, buses and other motor vehicles. Includes both day use and long-term public and commercial garages, parking lots and structures, except when accessory to a principal use. Does not include wrecking yards (classified in "Recycling and Scrap") or farm equipment storage (classified in "Storage Yards and Sales Lots"). (SIC: Group 752)

    Very-low income household. A household whose annual income does not exceed 50 percent of the median income of the County of San Luis Obispo, pursuant to Land Use Ordinance Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Village Area. Any area within the village reserve lines established by the Land Use Element of the general plan.

    Village Reserve Line. As defined in Chapter 5, Part I of the Land Use Element.

    Violation. A land use, building, structure or parcel that is established or modified in a manner not consistent with all applicable provisions of this Title, after the effective date of this Title; or in a manner not consistent with applicable provisions of the former San Luis Obispo County Zoning Ordinance, Ordinance 603 and all amendments thereto, if the use was established before the effective date of this Title.

    [Amended 1992, Ord. 2553]

    W. Definitions, "W."

    Wall, Building. The length of a building wall is the horizontal distance from corner to corner measured from a plane parallel to the appropriate side, rear or front lot lines.

    Wall Sign. See "Sign, Wall."

    Warehousing (land use). Establishments primarily engaged in the storage of farm products, furniture, household goods, or other commercial goods of any nature for later distribution to wholesalers and retailers. Does not include warehouse facilities where the primary purpose of storage is for goods for wholesaling distribution. Does not include terminal facilities for handling freight (classified in "Vehicle and Freight Terminals"). Also includes warehouse, storage or mini-storage facilities offered for rent or lease to the general public.

    Waste Disposal Sites (land use). County-approved or operated refuse dumps, sanitary landfills and other solid waste disposal facilities of a terminal nature, where garbage, trash or other unwanted materials are abandoned, buried or otherwise discarded with no intention of re-use. This definition does not include disposal sites for hazardous waste materials.

    Water Conserving Landscape. Landscaping that meets the standards of Sections 22.16.030 et seq. [Added 1999, Ord. 2863]

    Watercourse. The normal channel or limits of an intermittent or perennial stream, or other body of water, with a well-defined bed and banks.

    [Amended 1999, Ord. 2863]

    Wholesaling and Distribution (land use). Establishments engaged in selling merchandise to retailers; to industrial, commercial, institutional, farm, or professional business users; or to other wholesalers; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Includes such establishments as: merchange wholesalers; agents, merchandise or commodity brokers, and commission merchants; assemblers, buyers and associations engaged in the cooperative marketing of farm products. (SIC: Groups 50, 511-516, 517, 518, 519)

    Wind Energy Conversion System (WECS) (land use). Any device which converts wind energy to a form of usable energy. WECS producing electricity are included here; those used for direct climate control, water pumping or other conversion to mechanical or thermal power, are included under "Agricultural Accessory Structures." Transmission lines located off the site of the power plant are included under "Pipelines and Transmission Lines." Electrical substations are included under "Public Utility Facilities." (SIC: Group 49) (Amended 1989, Ord. 2411).

    Window Sign. See "Sign, Window."

    Workforce household or Workforce income household. A household whose annual income does not exceed 160 percent of the median income of the County of San Luis Obispo, pursuant to Land Use Ordinance Section 22.12.070 - Housing Affordability Standards.

    [Amended 2012, Ord. 3236]

    Wrecking Yard. See "Recycling Facility."

    X. Definitions, "X."

    No specialized terms beginning with the letter "X" are used at this time.

    Y. Definitions, "Y."

    Yard. See "Setback."

    Z. Definitions, "Z."

    Zero Lot Line Development. A residential project where dwelling units on individual lots of record are located so they all abut one side property line, without a setback. See Section 22.10.140, and Figure 80-8.

    fig80-8.png

    Figure 80-8: Zero Lot Line Development

    Zoning Administrator. The Director of Planning and Building or employee designated by the Director, in compliance with Section 22.70.020, Government Code Sections 65900 et seq. [Added 1992, Ord. 2553]

    Zoning Ordinance. County of San Luis Obispo Ordinance No. 603 and all amendments thereto, the Zoning Ordinance in effect before the adoption of the Land Use Ordinance on December 18, 1980. [Added 1992, Ord. 2553]