San Luis Obispo County Municipal Code Ch. 19.01 Enactment

This title shall be known and may be cited as "The Building and Construction Ordinance of the County of San Luis Obispo," Title 19 of the San Luis Obispo County Code. These regulations are hereby established and adopted to protect and promote the public health, safety and welfare. The intent of this ordinance is to regulate the design and construction of buildings and structures through basic standards for site preparation, erosion and sedimentation control, construction activities, quality of materials, occupancy classifications, the location and maintenance of buildings and structures and certain equipment associated with buildings and structures. This title prescribes regulations and standards that are consistent with the State Housing Law of California.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The provisions of this title shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures throughout the unincorporated areas of San Luis Obispo County, except as otherwise provided by this title, state, or federal law.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

This title shall be administered by the building official of San Luis Obispo County.

(1) Building Official Designated. The chief building official is hereby designated as the building official and code official for the County of San Luis Obispo. Where the "authority having jurisdiction" is used in the adopted codes, it shall mean the building official.

(2) Duties. The duties of the building official under this title include but are not limited to the enforcement of the provisions of this title and work with other designated officers in the enforcement of applicable provisions of the Land Use Ordinance, pursuant to the provisions of Chapters 22.10 or 23.10 of this code and California State Law. The building official is designated as the county enforcement officer referred to in the California Health and Safety Code (Ord. 3250, §1, 2013).

(3) Refusal to Issue Permits. The building official may refuse to issue a permit, or refuse to extend, or renew any permit to any person who has a structure or structures without the benefit of permit on the property. Permits will be issued and receive final inspection in a manner and sequence determined by the building official.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Twelve Parts of Title 24 and 2 additional codes, each of which are on file in County offices, marked and designated as the 2025 California Code of Regulations - California Building Standards Code Title 24:

Part 1: The California Administrative Code;

Part 2: Volume 1 and 2, named the California Building Code and is based on the 2024 International Building Code;

Part 2.5: The California Residential Code and is based on the 2024 International Residential Code;

Part 3: The California Electrical Code and is based on the 2023 National Electrical Code;

Part 4: The California Mechanical Code and is based on the 2024 Uniform Mechanical Code;

Part 5: The California Plumbing Code and is based on the 2024 Uniform Plumbing Code;

Part 6: The California Energy Code;

Part 7: California Wildland-Urban Interface Code;

Part 8: The State Historical Building Code;

Part 9: The California Fire Code and is based on the 2024 International Fire Code;

Part 10: The California Existing Building Code and is based the 2024 International Existing Building Code;

Part 11: The California Green Building Standards Code and is also called the CAL Green Code; Greenpoint Rated (GPR) Version 8.0 for New Single Family Residences and any accompanied addenda; Leadership in Energy and Environmental Design (LEED) Version 4.1 (v4.1) for Homes for California and any accompanied addenda;

Part 12: The California Referenced Standards Code;

Additional codes:

1. 2024 International Swimming Pool and Spa Code;

2. 2024 International Property Maintenance Code published by the International Code Council.

These are hereby adopted as amended, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the County of San Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this chapter except as modified hereinafter.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3482, § 1, 11-8-22; Ord. No. 3560, § 1, 12-9-25)

(a) In order to hear and decide appeals of orders, decisions, or determinations made by the chief building official related to the application and interpretation of this code, there shall be and is hereby created a board of appeals.

(b) Any person adversely affected by a determination made by the chief building official enforcing any provision of this title may file an appeal pursuant to Section 19.01.050, except administrative procedures, fees, or any appeal of an action performed pursuant to Chapters 19.40 and 19.80 of this title shall be filed and processed as set forth in the International Property Maintenance Code, adopted by reference as part of Chapter 19.01 of this title.

(c) The building appeals board as created by the California Building Code consists of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio member and shall act as secretary of the building appeals board. Building appeals board members shall be appointed by the board of supervisors and shall hold office for four-year terms. Members of the building appeals board shall be residents of the county. The building appeals board shall adopt reasonable rules and regulations for conducting its investigations. Each member shall serve at the pleasure of the board of supervisors, and such appointments may be terminated by a majority vote of the board of supervisors.

(d) Such appeals shall be in writing, state the grounds for appeal, and be filed within fifteen days of the act by the chief building official. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeals.

(e) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The building appeals board shall have no authority over administrative provisions or to waive requirements of this code.

(f) The decision of the building appeals board shall be final and conclusive. The written decision shall be sent to the appellant and shall provide that, pursuant to California Code of Civil Procedure Section 1094.6, any action to review said decision shall be commenced in an appropriate court of law not later than the ninetieth day after the date that the decision becomes final.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Whenever names, terms, abbreviations, phrases, and their derivatives are defined elsewhere in this code and are not defined in this section, those definitions shall apply to this title. All definitions contained in the codes adopted in this title, the California Health and Safety Code, and the California Administrative Code shall apply throughout this title except as defined by this section.

"Accessory building" means a building or structure the use of which is incidental to that of the main building, and which is located on the same lot.

"Accessory dwelling unit" means an attached or detached residential dwelling that provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling is an accessory use to the primary dwelling and shall be located on the same parcel as the primary dwelling.

"Administrative authority" means the building official.

"Alternate sewage treatment system" means or NOWTS for OWTS. A nonconventional OWTS provides additional treatment of the effluent to reduce Nitrogen (N), Total Suspended Solids (TSS), and the Biological Oxygen Demand (BOD). It may also provide disinfection against pathogens, or alternate methods of effluent dispersal/discharge of wastewater where conventional systems may not be capable of meeting established performance requirements to protect public health and water resources (e.g., at sites where high ground water, low permeability soils, shallow soils, or other conditions limit the infiltration and dispersal of wastewater). Components that might be used in alternative systems include mounds and pressure and drip distribution systems.

"Approval" means the proposed work or completed work conforms to this chapter in the opinion of the building official.

"As-graded" means the extent of surface conditions on completion of grading.

"As-built" means is a structure that has been built without the benefit of permit and inspections. Also includes structures that were built with a permit, but changed occupancy, may or may not have included alterations, but was converted or built without the benefit of permit and inspections.

"Attendance area" means that area established by the governing board of the school district, within which children must reside to attend a particular school.

"Bedrock" means any consolidated rock, either weathered or not, which usually underlies alluvium, colluvium, topsoil, residual soil or fill. Bedrock would include sedimentary rocks, metamorphic rock and igneous rocks.

"Beneficial uses for OWTS" means as defined in the California Water Code, beneficial uses of the waters of the state that may be protected against quality degradation include, but are not limited to, domestic, municipal, agricultural and industrial supply; power generation; recreation; aesthetic enjoyment; navigation; and preservation and enhancement of fish, wildlife, and other aquatic resources or preserves.

"Bench" means a relatively level step excavated into earth material on which fill is to be placed.

"Best management practices (BMPs)" means best management practices include scheduling of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the discharge of stormwater pollutants. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

"Board of supervisors" means the board of supervisors of the County of San Luis Obispo.

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

"Building division" means the building division of the department of planning and building of the County of San Luis Obispo.

"Building official" means the chief building official of the County of San Luis Obispo or his/her duly designated deputy.

"Cesspool for OWTS" means an excavation in the ground receiving domestic wastewater, designed to retain the organic matter and solids, while allowing the liquids to seep into the soil. Cesspools differ from seepage pits because cesspool systems do not have septic tanks and are not authorized under this policy. The term cesspool does not include pit-privies and out-houses which are not regulated under this policy.

"Civil engineer" means a professional engineer registered in the state to practice in the field of civil works.

"Civil engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.

"Coastal zone" means lands identified on the official maps (Part III) of the Land Use Element of the San Luis Obispo County General Plan as being located within the Local Coastal Plan (LCP)combining designation, the portions of the California Coastal Zone within San Luis Obispo County established by the California Coastal Act of 1976.

"Code enforcement agency" means also known as enforcement agency, enforcing agency, or the San Luis Obispo County Department of Planning and Building.

"Community sewage disposal system" means a residential wastewater treatment system for more than five units or more than five parcels; or commercial, industrial or institutional system that treats two thousand five hundred gallons or more of domestic/sanitary wastewater per day (peak daily flow).

"Compaction" means the densification of a fill by mechanical means.

"Condition compliance monitoring" means refers to a case type for the purpose of monitoring planning conditions and erosion/sedimentation control best management practices after a construction permit is finaled.

"Conditions of overcrowding" means the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing board of the school district.

"Construction permit" means an issued building, plumbing, electrical, mechanical, or grading permit as required by this title, Title 22, or Title 23 of this code.

"Construction permit application" means a building, plumbing, electrical, mechanical or grading permit as required by this title, Title 22 or Title 23 of this code.

"County clerk" means the county clerk of the County of San Luis Obispo.

"Covered project" means a development project for which one or more building permits are required for new construction, additions, alterations, or repairs to any residential or non-residential structure as set forth by the standards for scope and applicability outlined in Section 19.01.020.

"Covered sidewalk" means a permanent covering attached to a building and projecting from the property line toward the curb line, over a public sidewalk, or public walkway.

"Cut/slope for OWTS" means any slope greater than sixty percent or man-made contour that exposes the vertical soil profile.

"Developer" means any person, association, firm, partnership, corporation, other business entity, or public agency establishing, installing, or constructing a residential development.

"Director of public works" means the county engineer of San Luis Obispo County.

"Dispersal system for OWTS" means a leach field, seepage pit, mound, subsurface drip field, or other type of system for final wastewater treatment and subsurface discharge.

"Domestic wastewater for OWTS" means wastewater with a measured strength less than high-strength wastewater and is the type of wastewater normally discharged from, or similar to, that discharged from plumbing fixtures, appliances and other household devices including, but not limited to, toilets, bathtubs, showers, laundry facilities, dishwashing facilities, and garbage disposals. Domestic wastewater may include wastewater from commercial buildings such as office buildings, retail stores, and some restaurants, or from industrial facilities where the domestic wastewater is segregated from the industrial wastewater. Domestic wastewater may include incidental RV holding tank dumping but does not include wastewater consisting of a significant portion of RV holding tank wastewater such as at RV dump stations. Domestic wastewater does not include wastewater from industrial processes.

"Dump station for OWTS" means a facility intended to receive the discharge of wastewater from a holding tank installed on a recreational vehicle. A dump station does not include a full hook-up sewer connection similar to those used at a recreational vehicle park.

"Domestic well for OWTS" means a groundwater well that provides water for human consumption and is not regulated by the State Water Resources Control Board Division of Drinking Water.

"Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit that contains permanent provisions for living, sleeping, eating, cooking and bathing/sanitation. Dwelling unit shall not mean room additions to existing residential structures.

"Earth material" means any rock, natural soil, or fill, or any combination thereof.

"Effluent for OWTS" means sewage, water, or other liquid, partially or completely treated or in its natural state, flowing out of a septic tank, aerobic treatment unit, dispersal system, or other OWTS component.

"Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. Internet;

3. Facsimile. Engineered design. An onsite or cluster system that is designed to meet specific performance requirements for a particular site as certified by a licensed professional engineer or other qualified and licensed or certified person.

"Engineering geologist" means a geologist experienced and knowledgeable in engineering geology.

"Engineering geology" means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water, or ice.

"Excavation" means the mechanical removal of earth material.

"Fill" means a deposit of earth material placed by artificial means.

"Floating dock" means a moorage for boats, ships, and sailing vessels supported by a buoyant method acceptable to this chapter which may or may not be attached to land. For purposes of this chapter floating docks are further classified in this section as public floating docks.

"Flowing water body for OWTS" means a body of running water flowing over the earth in a natural water course, where the movement of the water is readily discernible or if water is not present it is apparent from review of the geology that when present it does flow, such as in an ephemeral drainage, creek, stream, or river.

"Floating marina" means a floating dock which has buildings or equipment and/or structures on it used for service to boats.

"Geotechnical engineer." See "soils engineer."

"Grade" means the vertical location of the ground surface.

1. Existing grade is the grade prior to grading.

2. Finish grade is the final grade of the site which conforms to the approved plan.

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

"Grading" means any excavating or filling or combination thereof.

"Green building" means a whole systems approach to the design, construction, and operation of buildings that substantially mitigates the environmental impacts of buildings. Green building practices recognize the relationship between natural and built environments and seek to minimize the use of energy, water, and other natural resources and provide a healthy, productive indoor environment.

"Green Building Certification Institute (GBCI)" means a non-profit organization which certifies green buildings and green building professionals under the Leadership in Energy and Environmental Design (LEED®) rating system.

"Green building checklist" means a checklist or rating sheet used for calculating a green building rating.

"Green building rating system" means a standardized rating system providing specific criteria to determine the level of compliance of building projects as set forth by the standards for compliance outlined in 19.04.140.

"GreenPoint rated" means a residential building certified as complying with the green building rating systems developed by the Build It Green organization.

"GreenPoint rater" means an individual certified by Build It Green as capable of evaluating and rating residential construction projects for compliance with the GreenPoint rated green building rating systems.

"Groundwater" means water located below the land surface in the saturated zone of the soil or rock. Groundwater includes perched water tables, shallow water tables, and zones that are seasonally or permanently saturated.

"Health department" means the Environmental Health Division of the San Luis Obispo County Health Agency.

"Home Energy Rating System (HERS)" means rating system adopted by the California Energy Commission.

"Impaired water bodies (303d List) for OWTS" means a waterbody (i.e., stream reaches, lakes, waterbody segments) with chronic or recurring monitored violations of the applicable numeric and/or narrative water quality criteria. An impaired water is a water that has been listed on the California 303(d) list or has not yet been listed but otherwise meets the criteria for listing. A water is a portion of a surface water of the state, including ocean, estuary, lake, river, creek, or wetland. The water currently may not be meeting state water quality standards or may be determined to be threatened and have the potential to not meet standards in the future.

"Impervious area" means a hard, non-vegetated surface area that prevents or significantly limits the entry of water into the soil, as would occur under natural conditions prior to development.

"Impervious layer" means soil that has a percolation rate slower than one hundred twenty minutes to the inch or having a clay content of sixty percent or greater.

"Interim facilities" means limited to any of the following:

1. Temporary classrooms not constructed with a permanent foundation and defined as a structure containing one or more rooms, each of which is designed, intended and equipped for use as a place for formal instruction of pupils by a teacher in a school.

2. Temporary classroom toilet facilities not constructed with permanent foundations.

3. Reasonable site preparation and installation of temporary classrooms.

4. Land necessary for the placement thereto of any of the facilities described in subsection 1. or 2.

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

"Land use ordinance" means for the purposes of this title only, either the San Luis Obispo County Land Use Ordinance (Title 22 of this code) or, where applicable, the Coastal Zone Land Use Ordinance (Title 23 of this code).

"Lavatory" means a plumbing fixture used for washing the hands, arms, face and head.

"Leach bed for OWTS" means gravel filled dug excavation, four to six feet wide, six to seven feet deep with a cap depth of two to five feet, and length determined by the percolation rate of the soil and receives the effluent discharge from a septic tank or other OWTS treatment unit for dispersal.

"Leadership in Energy and Environmental Design (LEED®)" means the green building rating system developed by the U.S. Green Building Council.

"Legally responsible person (LRP)" means a person, company, agency, or other entity that possesses real property interest in the land upon which the construction or land disturbance activities will occur for a project regulated by the State Water Resources Control Board (SWRCB) under the construction general permit.

"Legislative body" means the board of supervisors of the County of San Luis Obispo.

"Local agency for OWTS" means any subdivision of state government that has responsibility for permitting the installation of and regulating OWTS within its jurisdictional boundaries; typically a county, city, or special district.

"Maintenance" means the work related to the upkeep of the septic system. Examples include but are not limited to: pumping of the septic tank, any installation, repair or replacement of septic tank baffles, risers, cells, tops, access ports, pumps, or blowers.

"Maximum extent practicable (MEP)" means a standard for water quality best management practices (BMPs) established as part of the National Pollutant Discharge Elimination System (NPDES) that requires consideration of technical feasibility, cost, and benefit derived. The burden of proof is on an applicant to demonstrate compliance with MEP by showing that a BMP is not technically feasible or that BMP costs would exceed any benefit to be derived.

"Municipal separate storm sewer system (MS4)." See "stormwater conveyance system."

"National Sanitation Foundation (NSF) for OWTS" means the National Sanitation Foundation (NSF International), a not for profit, non-governmental organization that develops health and safety standards and performs product certification.

"Native vegetation" means plants such as trees, shrubs, herbs, and grasses that grew naturally in San Luis Obispo County before European arrival; plants from other parts of the United States or from other countries are not considered native.

"Net impervious area" means the total post-project impervious surface area (including both new and replacement surface area), minus any reduction in total imperviousness from the pre-project to the post-project condition.

1. Net impervious area = (new and replaced impervious area) - (reduced impervious area credit), where reduced impervious area credit is the total pre-project to post-project reduction in impervious area, if any.

"New construction" means the construction of a new or replacement residential dwelling unit or a new or expanded commercial building.

"Onsite wastewater treatment system(s) (OWTS)" means individual disposal systems, community collection and disposal systems, and alternative collection and disposal systems that use subsurface disposal. The short form of the term may be singular or plural. OWTS do not include "gray water" systems.

"Operating permit" means a renewable and revocable permit to operate and maintain an onsite or cluster treatment system in compliance with specific operational or performance requirements.

"Permeable or pervious surface" means a surface that allows varying amounts of stormwater to infiltrate into the ground.

"Percolation test for OWTS" means a method of testing water absorption of the soil. The test is conducted with clean water and test results can be used to establish the dispersal system design.

"Permit for OWTS" means a document issued by a local agency that authorizes or gives consent for installation.

"Permit holder" means the landowner and/or responsible party acting on behalf of the landowner.

"Person for OWTS" means any individual, firm, association, organization, partnership, business trust, corporation, company, state agency or department, or unit of local government who is, or that is, subject to this policy.

"Planning department" means the department of planning and building of the County of San Luis Obispo.

"Planning director" means the director of the department of planning and building of the County of San Luis Obispo.

"Pollutant for OWTS" means any substance that alters water quality of the waters of the state to a degree that it may potentially affect the beneficial uses of water, as listed in a basin plan. Pollutants include dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water.

"Pollutants of concern" means pollutants of concern found in urban runoff include sediments, non-sediment solids, nutrients, pathogens, oxygen-demanding substances, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, pesticides, and herbicides.

"Potable water for OWTS" means water that is safe for domestic use, drinking, and cooking.

"Professional inspection" means the inspection required by this code to be performed by the civil engineer, soils engineer, or engineering geologist. Such inspections include those performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.

"Public water system for OWTS" means a water system regulated by the State Water Resources Control Board Division of Drinking Water or a Local Primacy Agency pursuant to Chapter 12, Part 4, California Safe Drinking Water Act, Section 116275 (h) of the California Health and Safety Code.

"Public water well" means a ground water well serving a public water system.

"Qualified contractor" means any contractor holding a license in good standing from the Contractors State License Board for Plumbing (C-36), Sanitation System (C-42), or general engineering contractor (A). A contractor holding a license as general building contractor (B) shall be considered a qualified contractor when constructing, modifying, or abandoning an on-site sewage treatment system as part of a larger construction project involving a new structure or major addition to an existing structure.

"Qualified inspector" means any registered environmental health specialist, registered civil engineer, contractor holding a license classification from the California Contractors State License Board for Plumbing (C-36), Sanitation Systems (C-42), or general engineering contractor (A), or an individual who has satisfactorily completed training in an on-site sewage system inspection and certification program approved by the building official.

"Qualified professional for OWTS" means an individual licensed or certified by a State of California agency to design OWTS and practice as professionals for other associated reports, as allowed under their license or registration. Depending on the work to be performed and various licensing and registration requirements, this may include an individual who possesses a registered environmental health specialist certificate or is currently licensed as a professional engineer or professional geologist. For the purposes of performing site evaluations, soil scientists certified by the Soil Science Society of America are considered qualified professionals.

"Qualified service provider" means any person capable of operating, monitoring, and maintaining an on-site wastewater treatment system (OWTS) consistent with the requirements of this section and the operation and maintenance manual or capable of inspecting an OWTS in accordance with this section, or has a current certificate from an approved training program, or is approved by the building official.

"Qualified stormwater pollution plan practitioner (QSP)" means an individual assigned responsibility for non-stormwater and stormwater visual observations, sampling and analysis, and responsibility to ensure full compliance with the permit and implementation of all elements of the stormwater pollution prevention plan, including the preparation of the annual compliance evaluation and the elimination of all unauthorized discharges.

"Qualified stormwater pollution prevention plan developer (QSD)" means an individual who is authorized to develop and revise stormwater pollution prevention plans.

Reasonable methods for mitigating conditions of overcrowding. These include, but are not limited to:

1. The use of all available revenues to the full extent authorized by law;

2. Attendance area boundary adjustments;

3. The use of school district property for temporary use buildings;

4. The temporary or permanent use of other schools in the district not having overcrowded conditions;

5. The use of student transportation;

6. The use of existing and proposed relocatable structures;

7. The full use of funds which could be available from the sale of surplus school district real property;

8. Eliminating non-mandated school programs and facilities;

9. The use of classroom double sessions;

10. The use of year-round school programs; agreements between a subdivider or builder and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used; and/or

11. Agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from other school districts.

"Regional water quality control board (central coast water board)" means any of the regional water quality control boards designated by Water Code Section 13200. Any reference to an action of the regional water board in this policy also refers to an action of its executive officer, including the conducting of public hearings, pursuant to any general or specific delegation under Water Code Section 13223.

"Registered environmental health specialist (REHS)" means an environmental health specialist currently registered by the State of California.

"Registered pumper" means any person or firm that pumps and/or hauls septage and has been issued a registration by the director of environmental health.

"Reservoir" means a pond, lake, basin, or other space, either natural or created, in whole or in part, by the building of engineered structures other than sealed storage tanks constructed of impervious metal or synthetic materials, which is used for storage, regulation, and control of water, for recreation, power, flood control, or drinking. For the purposes of this chapter, the term reservoir does not include small and shallow structures or basins for the temporary detention of stormwater runoff from on-site roof drains and paved areas, provided there is no flow at any time between the structure or basin and any sewage disposal system.

"Repair for OWTS" means any action that modifies/replaces the existing dispersal system, replaces an existing septic tank, or modifies/replaces a major component of the onsite wastewater treatment system. Repairs require the issuance of a permit by the County of San Luis Obispo Planning and Building Department and must be inspected by planning and building staff.

"Residential development" means a project containing residential dwellings, including mobile homes, of one or more units or a division of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to:

1. A general plan or specific plan, or amendment thereto, which would allow an increase in residential density;

2. An ordinance rezoning property to a residential use or to a more intense residential use;

3. A tentative or final subdivision map or parcel map, or a time extension for filing a final map;

4. A land use permit for a residential development; and

5. A building permit.

"Safety assessment" means a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use.

"Septic tank for OWTS" means a watertight, covered receptacle designed for primary treatment of wastewater and constructed to:

1. Receive wastewater discharged from a building;

2. Separate settleable and floating solids from the liquid;

3. Digest organic matter by anaerobic bacterial action;

4. Store undigested solids; and

5. Clarify wastewater for further treatment with final subsurface discharge.

"Septage for OWTS" means any fluid, solid, or undetermined mass in a septic tank. It is considered high-strength waste and shall be handled and disposed of in an approved manner. Septage includes both sides of the septic tank, including liquor and effluent.

"Single-family residence" means for the purposes of Chapter 19.11 a single family residence is defined as the building of one single new house or the addition and/or replacement of impervious surface associated with one single existing house, which is not part of a larger plan of development.

"Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

"Site disturbance" means any activity that involves clearing, grubbing, grading, or disturbances to the ground such as stockpiling.

"Slope" means an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"Small residential rooftop solar energy system" means a solar energy system which meets all of the following:

1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

2. A solar energy system that:

a. Conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the county;

b. All state and county health and safety standards; and

c. All applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

3. A solar energy system installed on a single or duplex family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the county.

"Soil for OWTS" means the naturally occurring body of porous mineral and organic materials on the land surface, which is composed of unconsolidated materials, including sand-sized, silt-sized, and clay-sized particles mixed with varying amounts of larger fragments and organic material. The various combinations of particles differentiate specific soil textures identified in the soil textural triangle developed by the United States Department of Agriculture (USDA) as found in Soil Survey Staff, USDA; Soil Survey Manual, Handbook 18, U.S. Government Printing Office, Washington, DC, 1993, p. 138. For the purposes of this policy, soil shall contain earthen material of particles smaller than 0.08 inches (2 mm) in size.

"Soils engineer (geotechnical engineer)" means an engineer experienced and knowledgeable in the practice of soils engineering (geotechnical) engineering.

"Soils engineering (geotechnical engineering)" means the application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

"Soil replacement for OWTS" means installation of manufactured or engineered soil to provide homogenized absorption capability. Requires the use of a supplemental treatment system and an alternate method of wastewater disposal.

"Soil structure for OWTS" means the arrangement of primary soil particles into compound particles, peds, or clusters that are separated by natural planes of weakness from adjoining aggregates.

"Soil texture for OWTS" means the soil class that describes the relative amount of sand, clay, silt and combinations thereof as defined by the classes of the soil textural triangle developed by the USDA (referenced above).

"Solar energy system" means a system which is an accessory use to any residential, commercial, industrial, mining, agricultural or public use, used primarily (i.e. more than fifty percent) to reduce onsite utility usage, and which is either of the following:

1. Any solar collector or other solar energy device the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.

2. Any structural design feature of a building, the primary purpose of which is to provide for the collection, storage and distribution of solar energy for electric generation, space heating, space cooling, or water heating.

"Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

"State Water Board" means the State Water Resources Control Board.

"Structural control measure" means stormwater management measures integrated into project designs that emphasize protection of watershed processes through replication of pre-development runoff patterns (rate, volume, duration).

"Stormwater conveyance system" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that are:

1. Owned and operated by the County of San Luis Obispo;

2. Designed or used for collecting or conveying stormwater;

3. Not a combined sewer; and

4. Not part of a publicly owned treatment works (POTW) as defined by 40 Code of Federal Regulations §122.2.

"Supplemental treatment system (STS) for OWTS" means an onsite wastewater treatment system that utilizes, in addition to the septic tank, one or more supplemental treatment components to treat the effluent prior to discharge to the dispersal field. The system performs additional wastewater treatment so that the effluent meets a predetermined performance requirement prior to discharge of effluent into the dispersal field.

"Surface waters" means a concentration of freshwater or seawater, the surface of which is in direct contact with the atmosphere, including reservoirs and watercourses as defined in this section, as well as wetlands and ocean bays.

"Surface Water Ambient Monitoring Program (SWAMP) for OWTS" means the State Water Board's program to monitor surface water quality; coordinate consistent scientific methods; and design strategies for improving water quality monitoring, assessment, and reporting.

"Temporary power" means a land use permit shall not constitute a use for authorization of power. A permitted water well or other permitted structure is required for obtaining power.

"Terrace" means a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.

"Total maximum daily loads (TMDLs) for OWTS" means the maximum amount of a pollutant that can be discharged into a waterbody from all sources (point and nonpoint) and still maintain water quality standards. Under CWA section 303(d), TMDLs must be developed for all waterbodies that do not meet water quality standards even after application of technology-based controls, more stringent effluent limitations required by a state or local authority, and other pollution control requirements such as BMPs. In California, TMDLs are usually adopted as basin plan amendments and contain implementation plans detailing how water quality standards will be attained.

"Total suspended solids (TSS) for OWTS" means the measure of the suspended solids in a water sample includes inorganic substances, such as soil particles and organic substances, such as algae, aquatic plant/animal waste, particles related to industrial/sewage waste, etc. The TSS test measures the concentration of suspended solids in water by measuring the dry weight of a solid material contained in a known volume of a sub-sample of a collected water sample. Results are reported in mg/L.

"U.S. Green Building Council (USGBC)" means a non-profit organization which established and maintains the Leadership in Energy and Environmental Design (LEED®) rating systems for evaluating and certifying green buildings and green building professionals.

"Urban area" means any area within the urban or village reserve lines established by the land use element of the San Luis Obispo County General Plan.

"Vertical seepage pit for OWTS" means a drilled excavation, three to four feet in diameter, that is gravel filled, and receives the effluent discharge from a septic tank or other OWTS treatment unit for dispersal.

"Waste for OWTS" means includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.

"Waste discharge requirement (WDR) for OWTS" means an operation and discharge permit issued for the discharge of waste pursuant to Section 13260 of the California Water Code.

"Water quality standards for OWTS" means state-adopted and U.S. EPA-approved water quality standards for waterbodies. The standards prescribe the use of the waterbody and establish the water quality criteria that must be met to protect designated uses. Water quality standards also include the federal and state anti-degradation policy.

"Zoning Ordinance" means the San Luis Obispo County Land Use Ordinance (Title 22 of this code), or where applicable, the Coastal Zone Land Use Ordinance (Title 23 of this code).

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19; Ord. No. 3482, § 1, 11-8-22; Ord. No. 3560, § 1, 12-9-25)