§ 23.11.030. Coastal Zone Land Use Ordinance Definitions.


Latest version.
  • 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. 2546]

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

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

    Accessory Garage. See "Garage, Private."

    Accessory Use. See "Use, Accessory."

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

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

    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 Soils, Prime. Prime agricultural soils or land means any of the following:

    a.

    All land which qualifies for rating as class I or II in the Soil Conservation Service land use capability classifications.

    b.

    Land which qualifies for rating 80 through 100 in the Storie Index Rating.

    c.

    Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the U.S. Department of Agriculture.

    d.

    Land planted with fruit- or nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than $200 per acre.

    Agricultural Soils, Non-Prime. Areas of land that do not contain prime agricultural soils but are classified in the Agriculture land use category by the Land Use Element of the San Luis Obispo County General Plan.

    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. 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. 2546]

    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.

    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.

    [Amended 1993, Ord. 2649]

    Application Filing. The act of the Planning Department receiving a completed application form for any permit established by this title submitted to the Planning Department, 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.

    [Amended 1993, Ord. 2649]

    Applied Water. The portion of water supplied by the irrigation system to the landscape.

    [Amended 1993, Ord. 2649]

    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."

    [Amended 1995, Ord. 2715]

    Approved Land Use. See "Use, Approved."

    Aquaculture. The culture and husbandry of aquatic organisms, including but not limited to shellfish, mollusks, crustaceans, kelp and algae.

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

    Archaeologically Sensitive Areas. Areas where there is a high likelihood of the existence of archaeological resources as shown on the Land Use Element (Part III) combining designation maps and other information on file with the Planning Department.

    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.

    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.

    [Amended 1993, Ord. 2649]

    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.

    [Amended 1993, Ord. 2649]

    Base Flood: The flood having a one percent chance of being equalled or exceeded in any given year. Equivalent to a 100-year flood.

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

    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 2013, Ord. 3253]

    Billboard. See "Sign, Off-Premise."

    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, and whether constructed of concrete, masonry, wood, metal, plastic of any other suitable building material 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.

    Buildable Area (Developable Area). The area of the site in which structures may be located, not including required yard areas (See Figure 11-6). 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.

    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 the County Code. [COMMENT2]

    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 11-1).

    23-11-030-11-1.png

    Figure 11-1: 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 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 1995, Ord. 2715]

    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.

    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. 3357]

    Cannabis Activity. The cultivation, possession, manufacture, 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 manufacturing, cannabis testing facilities, cannabis dispensaries, and cannabis distribution. [Added, 2017, Ord. 3357]

    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. 3357]

    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. 3357]

    Cannabis Distribution. The procurement, sale, and transport of cannabis and cannabis products between State licensees. [Added, 2017, Ord. 3357]

    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. 3357]

    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. 3357]

    Cannabis Greenhouse. A fully enclosed, legally established, permanent structure that is clad in transparent or translucent material with climate control, such as heating and/or ventilation capabilities, and/or supplemental artificial lighting, and that uses a combination of natural and/or artificial lighting (mixed-light) for cultivation. For the purposes of this Chapter, cannabis cultivation within a greenhouse is considered indoor cultivation. For the purposes of obtaining licenses, cannabis cultivation within a greenhouse can be considered indoor or mixed-light cultivation. [Added, 2017, Ord. 3357]

    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 23.08.420. [Added, 2017, Ord. 3357]

    Cannabis Hoop Structure. A plastic or fabric covered hoop structure, which are not more than 12 feet in height and do not have vertical sides exceeding 6 feet in height. The ends of the hoops structure must be open and no framing other than the hoops is allowed. Cannabis hoop structures can be accessory uses in residential land use categories and shall not exceed 120 square-feet in floor area. For the purposes of this Chapter, and for the purposes of obtaining licenses, cannabis cultivation within hoop structures is considered outdoor cultivation. [Added, 2017, Ord. 3357]

    Cannabis Product. See "Cannabis" and "Cannabis Edible Product" and "Cannabis Topical Product". [Added, 2017, Ord. 3357]

    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. 3357]

    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 Sections 19300, et seq. and 26000, et seq. [Added, 2017, Ord. 3357]

    Cannabis Topical Product. Manufactured cannabis that is intended to be used, in whole or in part, for topical application, excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. [Added, 2017, Ord. 3357]

    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."

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

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

    Coastal Act. The California Coastal Act of 1976.

    Coastal Commission. The California Coastal Commission as established by the California Coastal Act of 1976.

    Coastal-Dependent Development or Use. Any development or use that requires a permanent location on or adjacent to the ocean.

    Coastal Development. Defined in Section 23.03.040 of this title.

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

    Coastal Plan. See "Local Coastal Plan," "Local Coastal Program."

    Coastal Streams and Riparian Vegetation. A stream is a body of water that flows at least periodically or intermittently through a bed or channel having bands and supports fish or other aquatic life. This includes water courses having a surface or subsurface flow that supports or has supported riparian vegetation. Streams and adjacent riparian vegetation appearing as dotted or dashed blue lines on the 7.5 minute USGS topographic quadrangle maps, and shown on the Combining Designation maps of the Land Use Element.

    [Amended 2004, Ord. 2999]

    Coastal Zone. Lands identified on the official maps (Part III) of the Land Use Element as being located within the Local Coastal Plan (LCP) Combining Designation, the portions of the California Coastal Zone within San Luis Obispo County established by the California Coastal Act of 1976.

    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 23.07 (Combining Designations).

    Combustible Liquid. Any liquid having a flash point at or above 100 o F and below 200 o 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 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 11-2).

    23-11-030-11-2.png

    Figure 11-2: Common Wall Development

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

    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 Small Scale Design Neighborhoods. Neighborhoods that are of special design interest to the community based on the existing character and scale.

    a.

    Cayucos:

    Pacific Avenue Neighborhood - That area designated Residential Single Family between Ocean Avenue, 13th Street, Cass Avenue, Circle Drive, Highway One, Old Creek, and the ocean.

    Studio Drive Neighborhood - That area designated Residential Single Family between Highway One and the ocean.

    23-11-030-11-2.png

    Figure 11-2: Common Wall Development

    [Added 1995, Ord. 2719]

    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.

    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 Permit. Any or all of the various entitlements established by Title 19 of the County 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.

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

    Corner Lot. See "Lot, Corner."

    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 2 of this code.

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

    County Engineer. The county engineer of San Luis Obispo County as established by Chapter 2.08 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.

    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 ornamental, 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.

    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").

    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 micro pascals.

    [Added 1992, Ord. 2546]

    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.

    Development. Pursuant to PRC 30106, "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

    As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

    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").

    Domestic Reservoir Watershed. The watershed area surrounding each reservoir for domestic water supply as indicated on the official maps delineating such areas adopted pursuant to Section 19.20.222b(3) of the Building and Construction Ordinance. [Amended 1989, Ord. 2383]

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

    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 Section 23.05.40 (Storm Drainage).

    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.

    [Amended 1993, Ord. 2649]

    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.

    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.

    Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

    [Amended 1993, Ord. 2649]

    Emitter. Drip irrigation fittings that delivers water slowly from the system to the soil.

    Amended 1993, Ord. 2649]

    Enforcement Officer. The planning director or employee designated by the planning director as being responsible for the enforcement of this title pursuant to Chapter 23.10.

    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.

    Environmentally Sensitive Habitat Area (Mapped ESHA). A type of Sensitive Resource Area where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily disturbed or degraded by human activities and development. They include wetlands, coastal streams and riparian vegetation, terrestrial and marine habitats and are mapped as Land Use Element combining designations. Is the same as an Environmentally Sensitive Habitat.

    [Amended 2004, Ord. 3048]

    Environmentally Sensitive Habitat Area (Unmapped ESHA). A type of Sensitive Resource Area where plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could easily be disturbed or degraded by human activities and development. They include, but are not limited to, known wetlands, coastal streams and riparian vegetation, terrestrial and marine habitats that may not be mapped as Land Use Element combining designations. The existence of Unmapped ESHA is determined by the County at or before the time of application acceptance and shall be based on the best available information. Unmapped ESHA includes but is not limited to:

    a.

    Areas containing features or natural resources when identified by the County or County approved expert as having equivalent characteristics and natural function as mapped other environmental sensitive habitat areas;

    b.

    Areas previously known to the County from environmental experts, documents or recognized studies as containing ESHA resources;

    c.

    Other areas commonly known as habitat for species determined to be threatened, endangered, or otherwise needing protection.

    [Amended 2004, Ord. 3048]

    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. 2546]

    Evapotranspiration (ET o ). The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.

    [Amended 1993, Ord. 2649]

    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 cultivation activities, including disking, harrowing, raking or chiseling, planting, plowing, seeding, or other tilling. [Added 2013, Ord. 3253]

    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.

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

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

    Feasible. Capable of being accomplished in a successful manner within reasonable period of time, taking into account economic, environmental, social and technological factors.

    Feedlot. Any enclosure or facility for the keeping of more than four animals per acre, and where such animals are kept for a period exceeding 45 days.

    Fill. A deposit of earth material placed by artificial means.

    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 1989, Ord. 2383; 2004, Ord. XXXX]

    First Public Road Paralleling the Sea. The "first public road paralleling the sea" means that road nearest to the sea as defined in Section 30115 of the Public Resources Code, which:

    a.

    Is lawfully open to uninterrupted public use and is suitable for such use;

    b.

    Is publicly maintained;

    c.

    Is an improved, all-weather road open to motor vehicle traffic in at least one direction;

    d.

    Is not subject to any restrictions on use by the public except when closed due to an emergency or when closed temporarily for military purposes; and

    e.

    Does in fact connect with other public roads providing a continuous access system, and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries, and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

    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 Boundary Floodway Map: The official map on which the Federal Insurance Administration has delineated both the areas of flood hazard and the floodway.

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

    Flood Insurance Rate Map (FIRM): The official 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.

    Flood Insurance Study: The official report 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.

    Flood, 100-Year. A flood inundation event, the extent of which has a statistical probability of occurring once every 100 years.

    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.

    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 additions, changes or adjustments to non-residential structures which reduce or eliminate flood damage to real estate or improved property.

    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 (1) foot. The floodway is delineated on the "Flood Boundary Floodway Map." (See Figure 11-3).

    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.

    Flow Rate. The rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). [Amended 1993, Ord. 2649]

    23-11-030-11-3.png

    Figure 11-3: Floodway & Flood Fringe

    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."

    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.

    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.

    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 pursuant to Sections 65300 et seq. of the Government Code.

    Government Code. The 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 excavating, filling or combination thereof. See Section 23.05.020 of this title.

    Grazing. For the purposes of this title, grazing means the keeping for commercial purposes of cattle, horses or sheep at a density of four or less animals per acre, using feed produced on the site.

    Greenhouse. See "Nursery."

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

    Gross Site Area. See "Site Area."

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

    Health Department. The San Luis Obispo County Health Department.

    Hearing Body. See "Review Authority". [Amended 1995, Ord. 2715]

    Height. See "Building Height."

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

    Hog Ranch. Any premises on which more than three sows, a boar and their unweaned litter are raised or maintained.

    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.

    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.

    [Amended 1993, Ord. 2649]

    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.

    Immediate Family. See "Family, Immediate."

    Impervious. A surface that is incapable of being penetrated or passed through. [Added 2013, Ord. 3253]

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

    Improvements. Includes any structures or mobilehomes 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. 2546]

    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 camp-sites are rented or leased or held out for rent or lease.

    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. 3357]

    Infiltration Rate. The rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). [Amended 1993, Ord. 2649]

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

    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. 2546]

    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. [Amended 1993, Ord. 2649]

    Issuance. See "Permit Issuance."

    Kennel, Boarding or Commercial. A facility for the keeping, boarding or maintaining of four or more dogs four months of age or older that are not owned by the kennel owner for commercial purposes, except for dogs in pet shops or animal hospitals. Kennels are not considered a commercial animal raising operation for the purpose of creating new lots under Section 23.04.020.

    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.

    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."

    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.

    [Amended 1993, Ord. 2649]

    Land Use. See "Use of Land."

    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 under Section 65302 of the California Government Code.

    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 and/or grading permits, as required, and serves as the local government equivalent of a coastal development permit in accordance with the Coastal Act. For the purposes of this title, land use permits are the Plot Plan, Site Plan, Minor Use Permit, Development Plan OR Variance, established by Chapter 23.02 of this title.

    Land Use Plan. The land use plan of the San Luis Obispo County Local Coastal Program, which is combined with the Land Use Element of the San Luis Obispo County General Plan.

    Lateral Access. A recorded dedication or easement providing for public access and use along the shoreline.

    Lateral Line. The water delivery pipeline that delivers landscape irrigation water from the valve or outlet to the irrigation system.

    [Amended 1993, Ord. 2649]

    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. 3253]

    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 Coastal Plan. The Local Coastal Program Land Use Plan, which is a portion of the county's Local Coastal Program as certified by the California Coastal Commission. The Local Coastal Plan consists of the Policy Document, Land Use Element Programs and Standards (Part II of the LUE) and Land Use Element Maps (Part III of the Land Use Element).

    Local Coastal Program. Consists of (a) the Local Coastal Plan, (b) the Coastal Zone Land Use Ordinance, and (c) other implementing actions for the coastal zone of the county which meets the requirements of the California Coastal Act of 1976 as certified by the California Coastal Commission.

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

    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 in which the dwelling faces. (See Figure 11-4).

    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 11-5).

    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 11-4).

    23-11-030-11-4.png

    Figure 11-4: Corner Lot and Key Lot

    23-11-030-11-5.png

    Figure 11-5: Double Frontage Lot

    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.

    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.

    [Amended 1993, Ord. 2649]

    Major Public Works Project and Major Energy Facility. Any public works or energy facilities that exceeds $100,000 in estimated construction cost.

    Manufacturing Uses. Any of the uses listed in the manufacturing and processing group by Table O, Part I of the Land Use Element, which may include accessory retail sales of products produced on-site.

    Marijuana. See "Cannabis". [Added, 2017, Ord. 3357]

    Marine Habitats. Sensitive habitat areas for marine fish, mammals and birds as shown on the Combining Designation maps of the Land Use Element.

    Marquee Sign. See "Sign, Marquee."

    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. 3253]

    Medical Cannabis. See "Cannabis". [Added, 2017, Ord. 3357]

    Medical Marijuana. See "Cannabis". [Added, 2017, Ord. 3357]

    Mined Lands. Includes the surface, sub-surface, 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 Sections 23.04.020 et seq. of this Title.

    Minimum Site Area. The smallest lot of record or contiguous lots in a single ownership, as determined by the planning area standards of the Land Use Element, Section 23.04.040 or Chapter 23.08 of this Title, on which a new land use may be established. This is measured as net site area (See "Site Area, Net").

    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.

    Monument Sign. See "Sign, Monument."

    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. [Amended 1993, Ord. 2649]

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

    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 2013, Ord. 3253]

    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 2013, Ord. 3253]

    Natural Grade. See "Grade."

    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. [Added 2013, Ord. 3253]

    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.

    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 23.06.040.

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

    Non-Prime Soils. See "Agricultural Soils, Non-Prime."

    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 - Soil Dependent. A nursery facility (may be used with any of the above nurseries in accordance with the standards of Section 23.08.054) which require location on prime soils in order to obtain a growing medium and do not require impervious surfaces to cover the prime soils, or otherwise render soils unusable after discontinuance of use.

    e.

    Greenhouse - Non-Soil Dependent. A nursery facility (may be used with any of the above nurseries in accordance with the standards of Section 23.08.054) which can be: (a) established on flat or gently sloping land with less than 15% slope; (b) do not require location on prime soils native to the site as a growing medium (i.e., do not use native soils to grow plants); (c) development may require the use of impervious flooring (i.e., concrete, asphalt, wood).

    Nursery School. See "Preschool."

    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."

    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").

    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 pursuant to Section 65560 of the Government Code.

    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.

    [Amended 1993, Ord. 2649]

    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 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.).

    [Amended 1993, Ord. 2649]

    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.

    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.

    [Amended 1993, Ord. 2649]

    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 pursuant to 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.

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

    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 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 2013, Ord. 3253]

    Permit Holder. The landowner and/or responsible party acting on behalf of the landowner. [Added 2013, Ord. 3253]

    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.

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

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

    Planning Area Standards. Development criteria established by the Land Use Element for specific areas, adopted as part of this Title by Section 23.01.022.

    Planning Commission. The Planning Commission of San Luis Obispo County as established by Chapter 2.24 of Title 2 of the County Code.

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

    Planning Director. The Director of Planning and Building of San Luis Obispo County with duties and responsibilities as set forth in Section 23.01.040 of this title. As used in this title, planning director may include designated staff of the Department of Planning and Building when acting in an official capacity. [Amended 1995, Ord. 2715]

    Political Sign. See "Sign, Political."

    Porch. Outdoor steps, stairs, and/or a raised platform less than 100 square feet in area and not exceeding 30 inches in height above grade at any point, located immediately adjacent to the entry of a building for the purpose of providing pedestrian access from the outdoor ground elevation to a building interior. If the platform portion of a porch (not including steps) is more than 100 square feet or is higher than 30 inches, it is considered a deck.

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

    Price Sign. See "Sign, Price."

    Primary Surface. See "Imaginary Surfaces."

    Prime Soils. See "Agricultural Soils, Prime."

    Principal Permitted Use or Primary Permitted Use. When used in this title or the Land Use Element, shall mean Principally Permitted Use, as identified by Coastal Table O, Part I of the Land Use Element.

    Principal Structure. See "Building, Main."

    Project. Any land use, activity, construction or development which required to be authorized by a permit pursuant to 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 Resources Code. The Public Resources Code of the state of California.

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

    Public Works:

    a.

    All production, storage, transmission, and recovery facilities for water, sewerage, telephone, and other similar utilities owned or operated by any public agency or by a utility subject to the jurisdiction of the Public Utilities Commission, except for energy facilities.

    b.

    All public transportation facilities, including but not limited to streets, roads, highways, public parking lots and structures, ports, harbors, airports, railroads and mass transit facilities and stations, bridges and other related facilities.

    c.

    All publicly-financed recreation facilities, all projects of the California Coastal Conservancy and any development by a special district.

    d.

    All community college facilities.

    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. 3253]

    Rabbit Farm. A facility for the raising or keeping of more than 25 mature rabbits.

    Rain Sensing Device. A system which automatically shuts off the landscape irrigation system when it rains. [Amended 1993, Ord. 2649]

    Rangeland. See "Crop Production."

    Rangeland Management. Any modifications to the land designed to improve forage for domesticated livestock. [Added 2013, Ord. 3253]

    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 Section 2772 of the Public Resources Code, and in Section 23.08.182 of this Title.

    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 feet or less in width and 40 feet or less in length.

    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. [Amended 1993, Ord. 2649]

    Recycling Facility. Any lot or portion of a lot greater in size than 300 square feet, used for the purpose of 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.

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

    Residence. See also "Dwelling."

    Residence, Primary and Secondary. A primary residence is one single-family dwelling constructed on a lot. A secondary residence is an additional single-family dwelling on the same lot permitted under the provisions of Section 23.04.082 or 23.08.036 of this title.

    Residential Care Facility. Any facility, place, or building that is maintained and operated to provide non-medical residential care or day care, services for children or adults (except for preschools which are separately defined) who are physically handicapped or mentally impaired.

    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).

    Resource Extraction Well. Any facility constructed or installed for the purpose of extracting 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 the penetration of subterranean regions by means of drilling apparatus. For the purposes of this definition only, mineral resources include oil, gas, geothermal steam, or other subterranean deposits, except water. Extraction wells as defined herein may be for purposes of exploration or production.

    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 significant natural vegetation. See Section 23.05.026d of this Title.

    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 pursuant to this title; either the Planning Director, Subdivision Review Board, Planning Commission or Board of Supervisors. [Amended 1992, Ord. 2584]

    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 1992, Ord. 2591]

    Riparian Habitat. An area of riparian vegetation and associated animal species.

    Riparian Vegetation. An association of plant species growing adjacent to freshwater watercourses, including perennial and intermittent streams, lakes and other bodies of fresh water.

    Road Access. See "Access."

    Road. A 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.

    Roof Sign. See "Sign, Roof."

    Rough Grade. See "Grade."

    Run Off. Water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.

    [Amended 1993, Ord. 2649]

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

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

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

    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.

    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)(iii), etc.), up to the next section number.

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

    Sensitive Coastal Resource Area. Means those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity, pursuant to Section 23.01.043c(3) of this title.

    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 23.04.100 (Setbacks). (See Figure 11-6.)

    23-11-030-11-6.png

    Figure 11-6: Setbacks & 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 11-6.)

    Setback, Interior. Any open area of a site not within a required front, rear, or side setback area. (See Figure 11-6).

    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.

    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 Section 23.04.310g).

    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 23.08.240 (Temporary Uses).

    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. 2546]

    Site. A lot or adjoining lots that are the location of a proposed development project or entitlement.

    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.

    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.

    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.

    Site Coverage. See "Coverage."

    Site Disturbance. Any activity that involves clearing, grubbing, grading, or disturbances to the ground such as stockpiling or excavation. [Added 2013, Ord. 3253]

    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 23.04.036) 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 1995, Ord. 2715]

    Small Scale Neighborhoods. Neighborhoods that have primary use by residents and secondary use by the general public using accessways to scenic shoreline areas and include:

    a.

    Baywood Peninsula - the Residential Single-Family category within Tract 40.

    b.

    Oceano - Residential Single-Family and Multi-Family categories west of Highway One.

    [Amended 1995, Ord. 2719]

    Soil Texture. The classification of soil based on the percentage of sand, silt, and clay in the soil.

    [Amended 1993, Ord. 2649]

    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 networks 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, Ord. 2546]

    Special Communities. Areas and communities with unique, visually pleasing characteristics which serve as visitor destination points and include:

    a.

    Avila Beach - Commercial and Recreation categories along Front Street.

    b.

    Cambria - Commercial and Recreation categories along Main Street.

    c.

    Cambria - Commercial and Recreation categories along Moonstone Beach Drive.

    d.

    Cayucos - Commercial and Recreation categories along Ocean Avenue.

    e.

    South Bay - Baywood Village Commercial area.

    f.

    San Luis Bay/Port San Luis - Public Facilities Category.

    g.

    San Simeon Acres - Residential Single-Family and Residential Multi-Family categories.

    h.

    San Simeon Village - Commercial category.

    Special District. Any public agency formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries other than a chartered or general law city or any city and county. Special districts include, but are not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area, formed for the purpose of designating an area within which a property tax rate will be levied to pay for a service or improvement benefiting that area.

    Special Use. See "Use, Special.

    Sprinkler Head. A landscape irrigation device which sprays water through a nozzle. [Amended 1993, Ord. 2649]

    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. [Amended 1993, Ord. 2649]

    Station. An area served by one landscape irrigation valve or by a set of landscape irrigation valves that operate simultaneously.

    [Amended 1993, Ord. 2649]

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

    Storage of a Vehicle. The parking of a vehicle longer than two consecutive nights.

    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 2013, Ord. 3253]

    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 2013, Ord. 3253]

    Story. Usable floors of a building, except that where this ordinance or a Land Use Element planning area standard use stories as a measurement of building height, basements or building floors six feet or more below street level are not included.

    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.

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

    Structural Use. See "Use, Structural."

    Structure. Any artifact constructed or erected, the use of which requires attachment to the ground, including any building, but not including fences or walls six feet or less in height.

    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, Tentative or Final. As defined in Title 21 of the County Code and the State Subdivision Map Act, Government Code Section 6640 et seq.

    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.

    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.

    Suspended Sign. See "Sign, Suspended."

    Table O. When used in the Local Coastal Program, shall mean Coastal Table O, the allowable uses chart, Part I of the Land Use Element.

    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 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.

    Terrestrial Habitat. Sensitive animal or plant habitats on land areas in the Coastal Zone, identified as Combining Designations in the Land Use Element.

    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.

    Transitional Surface. See "Imaginary Surfaces."

    Turf. A surface layer of earth containing mowed grass with its roots.

    [Amended 1993, Ord. 2649]

    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.

    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.

    Unit. See "Dwelling."

    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 and Local Coastal Plan. [Amended 1995, Ord. 2740]

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

    [Amended 1995, Ord. 2740]

    Useable Parcel. A parcel of real property for which a land use permit can be obtained under the provisions of this title.

    Usable Site Area. See "Site Area, Usable."

    Use. See "Use, Allowable".

    [Amended 1995, Ord. 2715]

    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 23.08.020 establishes standards for accessory uses.

    [Amended 1995, Ord. 2715]

    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. Such uses are identified in the Land Use Element as being possible to establish in a given land use category subject to the standards of the Land Use Ordinance with either a ministerial or discretionary permit. An "A", "S" or "P" use in Coastal Table O, Part I of the Land Use Element. [Amended 1995, Ord. 2715]

    Use, Allowed. A use of land identified as an "A" use by Coastal Table O, Part I of the Land Use Element.

    Use, Approved. A use of land authorized to be constructed and/or established through issuance of an approved land use permit pursuant to Chapter 23.02 of this title.

    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."

    [Amended 1995, Ord. 2715]

    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, Principally Permitted. An allowable use of land that is encouraged to locate within a specific land use category by the Local Coastal Program (a "PP" use on the Allowable Uses Chart, Coastal Table O of the Land Use Element).

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

    Use, Special. An "S" use on Table O, Part I of the Land Use Element, identified as "allowable subject to special standards," for which standards are established by Chapter 23.08.

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

    Valve. A device used to control the flow of water in a landscape irrigation system.

    [Amended 1993, Ord. 2649]

    Vertical Access. A recorded dedication or easement providing access from the first public road to the ocean or perpendicular to the shore.

    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 San Luis Obispo County Land Use Ordinance, Title 22 of this code, if the use was established prior to the effective date of this title but after the effective date of the Land Use Ordinance; or in a manner not consistent with applicable provisions of the former San Luis Obispo County Zoning Ordinance, if the use was established prior to the effective date of this title or the Land Use Ordinance, Title 22 of this code.

    Visitor-Serving Priority Area. A combining designation in the Land Use Element applied to areas designated in the Commercial or Recreation land use categories. Limited to areas that presently or are proposed to serve tourists or visitors to the coast. In such areas, visitor-serving uses have priority over non-visitor serving uses but not over aquaculture or coastal-dependent uses.

    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."

    Watercourse. The normal channel or limits of an intermittent or perennial stream, or other body of water, during non-flood conditions.

    Wetland. Lands that may be covered periodically or permanently by shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

    Window Sign. See "Sign, Window."

    Wrecking Yard. See "Recycling Facility."

    Yard. See "Setback."

    23-11-030-11-7.png

    Figure 11-7: Zero Lot Line Development

    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 23.04.110g, and Figure 11-7.

    Zoning Administrator. The Director of Planning and Building or employee designated by the director, pursuant to Section 23.01.040b of this title and Section 65900 et seq. of the Government Code. [Added 1995, Ord. 2715]

    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 1995, Ord. 2715]