For the purposes of this ordinance, certain terms are hereby defined. The words "shall" and "will" are mandatory; the words "should" and "may" are discretionary.

   The place, or way, which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use is required by this ordinance.

   A use, customarily incidental to a building, part of a building or structure, which is subordinate to and the use of which is incidental to and detached from the main building, structure, or use on the same lot. If an accessory building is attached to the main building, either by a common wall, or if the roof of the accessory building is a continuation of the roof of the main building, such accessory building shall be considered a part of the main building.

   A building, part of a building, or structure which is attached from the main building and the use of which is incidental to that of the main building, such as but not limited to detached garages, detached decks, storage buildings; and gazebos.

   An official or formal statement of facts, giving an account of, or disseminating information as to how the design, construction or operation a development will result in the production, control, transmission and the effects of sound.

   An area of land equaling forty-three thousand five hundred sixty square feet.

   A system using a mechanical device, such as pumps or fans for energy in addition to solar energy to transport a conductive medium (such as air or fluid) between solar collector and the interior of a building for the purpose of heating or cooling.

   A business establishment to which the public is permitted or invited and where coin, card or slug operated, or electronically, electrically or mechanically controlled devices, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image-producing devices are maintained to show images on a regular or substantial basis, where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. Such devices shall be referred to as adult arcade devices. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   A partitioned or partially enclosed portion of an adult business used for any of the following purposes:

   A.   Where a live or taped performance is presented or viewed, where the performances and/or images are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas;

   B.   Where adult arcade devices are located. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   Any business establishment or concern that:

   A.   As a regular and substantial course of conduct operates as an adult bookstore, adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, adult modeling studio, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," but not including those uses or activities, the regulation of which is preempted by state law; or

   A business establishment (whether or not serving alcoholic beverages) that features adult live entertainment. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   A hotel or motel, as defined in this code, that is used for presenting on a regular and substantial basis images through closed circuit television, cable television, still or motion picture machines, projectors, videos, holograms, virtual reality devices or other image producing devices that are distinguished or characterized by the emphasis on matter depicting or describing or relating to specified sexual activities or specified anatomical areas. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   Any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which:

   A.   The performer (including but not limited to a topless and/or bottomless dancer, go-go dancers, exotic dancers, strippers or similar performers) exposes to public view, without opaque covering, specified anatomical areas; and/or

   B.   The performance or physical human body activity depicts, describes or relates to specified sexual activities, whether or not the specified anatomical areas are covered. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   A business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted or otherwise depicted by persons paying for such consideration. Adult modeling studio does not include schools maintained pursuant to standards set by the Board of Education of the State of California. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   A business establishment, with or without a stage or proscenium, where, on a regular and substantial basis and for any form of consideration, material is presented through films, motion pictures, video cassettes, slides, laser disks, holograms, virtual reality devices or similar electronically generated reproductions that is/are characterized by the depiction or description of specified sexual activities or specified anatomical areas. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   Accessories, paraphernalia, books, magazines, laser disks, compact discs, digital video disks, photographs, prints, drawings, paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically generated images or devices, including computer software, or any combination thereof that is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical. Adult oriented material shall include sexually oriented merchandise. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   A business establishment having adult oriented material as a regular and substantial portion of its stock in trade. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-10 § 1 (Att. A (part)), 2004)

   Any person who, in person or through a representative appeared at a public hearing of the local government, in conjunction with a decision or action appealed or who, by other appropriate means prior to a hearing, informed the local government of the nature of his concerns or who for good cause was unable to do either.

   Tilling of soil, horticulture, floriculture, raising crops, livestock, farming, dairying, animal husbandry including, all uses customarily accessory and incidental thereto.

   A public or private way, other than a street or highway, permanently reserved as a secondary means of vehicle access to the rear or side or properties otherwise abutting the street.

   Any change to the land use map, zoning ordinance or zoning map.

   Any business location with three or more mechanical amusement devices licensed under the business license regulations of the city of Pismo Beach Municipal Code.

   Any building or portion thereof designed or used for the care, observation or treatment of dogs, cats or other household pets.

   A room or suite of rooms in a multiple-family structure, which is arranged; designed or used as a single housekeeping unit and has kitchen facilities, temporarily or permanently installed.

   A building, or a portion of a building, deigned or used for occupancy by four or more families, living independently of each other and containing four or more dwelling units, as defined in Chapter 17.009.

   A place for keeping bees.

   Belonging to; accessory or incidental to; adjunct, applied or annexed to.

   Documented evidence of material remains (such as fossil relics, artifacts, and monuments) of ancient human life and activities.

   Those areas designated by the general plan/local coastal program land use plan which have, or may have significant historical, archaeological or cultural importance of unique scientific or educational value.

   Exhibition and/or sale of art and craft items including only the following:

   A.   Fine Arts. An "artist" who practices an occupation in which creation, conception and execution is governed by imagination and taste; i.e.:

   1.   Paintings--all media;

   2.   Drawings--all media;

   3.   Graphics--all media, and

   4.   Sculptures--all media.

   B.   Crafts. An "artisan" who practices an occupation in which manual skills are required; i.e.:

   1.   Photography;

   2.   Metalcraft;

   3.   Woodcraft;

   4.   Leathercraft;

   5.   Shellcraft;

   6.   Needlecraft;

   7.   Candlemaking;

   8.   Jewelrymaking;

   9.   Enameling;

   10.   Stained glass;

   11.   Decoupage;

   12.   Dough art;

   13.   Pottery and ceramics;

   14.   Macramé and weavings;

   15.   Batik and silkscreen;

   16.   Dry floral arrangements;

   17.   Other unique handicrafts.

   It shall not mean the sale of manufactured or mass produced items including any of the above, nor shall it include appliances, furniture (unless hand-crafted by the exhibitor), coins, hardware, clothing (unless handcrafted by the exhibitor), linens, vehicles of any type, toys (unless handcrafted by the exhibitor), food items, plants, and other similar uses.

   General repair, rebuilding or reconditioning of engines including removal of same; motor vehicles, trucks, or trailer collision service including body, frame or fender straightening or repair; overall painting or paint shop.

   Upholstering, replacement of parts and motor service, not including removal of the motor, to passenger cars and trucks not exceeding one and one-half tons capacity, or any use similar thereto, but not including any operation under "Automobile Repair, Major," or any use similar thereto.

   Premises on which new or used passenger automobiles, trailers or trucks in operating condition are displayed in the open for sale trade. Any auto repair work shall conform to the requirements of Chapter 17.105, "Service Stations and Garages."

   A place which provides for the servicing, washing and fueling or operating motor vehicles, including minor repairs and the sale of automotive merchandise and supplies incidental thereto.

   A roof-like cover, temporary or permanent in nature, which projects from the wall of a building or overhangs the public way.

   An open platform enclosed by a short parapet wall or a railing, projecting from an exterior wall of a building without a roof structure.

   That portion of a building which is partly or wholly underground. When more than one-half of its height is above ground, a basement shall be counted as a story for the purposes of height measurement and for gross floor area.

   That property abutting on one side of a street and lying between two intersecting or intercepting streets and railroad right-of-way, unsubdivided acreage, water course, dead end street, or body of water.

   A bank or cliff rising from the beach or coastline.

   The place, or way which the public shall have safe, adequate and usable ingress and egress to the coastal blufftops.

   The point at which the slope of the bluff begins to change from near horizontal to more vertical.

   A building, other than a hotel or restaurant, where meals are regularly provided for compensation to the residents of the building.

   Any structure, either temporary or permanent, having a roof supported by columns or walls, for the housing or enclosure of persons, animals, chattels or property of any kind, including but not limited to awnings, tents, trailers, or trailers used for the purpose of a building.

   Shall have the same meaning as "floor area, gross." (Ord. 94-04 § 3 (part), 1994)

   The vertical distance to be measured from the highest point of the roof to the center point of the building footprint at site grade; see Section 17.006.0908.

   A building in which is conducted the principal use of the building site on which it is situated.

   The area of a parcel exclusive of required yard setbacks, unbuildable easements (such as but not to slope easements) or otherwise unbuildable areas as defined by city

   A line established by this Ordinance to govern the placement of buildings or structures with respect to lot lines.

   A line established by this Ordinance to govern the placement of buildings or structures with respect to lot lines, streets, alleys, blufftops, wetlands or stream channels indicated on United States Geologic Service (U.S.G.S.) topographic maps.

   A lot or parcel of land, in single or joint ownership occupied or to be occupied under the terms of this Ordinance for which access is available.

   The term used to designate the overall size and mutual relationships of buildings and other structures, as to size, height, coverage, shape, location of exterior walls in relation to lot lines, to the center of streets, to other walls of the same building, and to other buildings or structures; and to all open spaces relating to the building or structure.

   Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation.

   The 1976 State of California legislation which established regulations to protect coastal resources, commencing with Public Resources Code Section 30000, or as it may, from time to time, be amended.

   California Coastal Commission established for the implementation of the 1976 Coastal Act.

   A structure which is horizontally attached to the main portion of that structure without separate vertical supports.

   An accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles, and having at least two walls which are totally open, with the exception of required vertical structure.

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

   The city of Pismo Beach, California.

   The city council of Pismo Beach, California.

   A non-profit association of persons, who as members, own, hire, or lease a building or portion thereof, the use of such premises being restricted to enrolled members and their guests.

   Applicable to Areas in the Coastal Zone. The area between the sea and the first public road paralleling the sea or within three hundred feet of the inland extent of any beach or of the mean high tide line where there is no beach, whichever is the greater distance. Also, any land located on tidelands, submerged lands, public trust lands, or within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of the seaward face of any coastal bluff.

   Any development or use which requires a site on, or adjacent to, the sea to be able to function at all.

   A permit for any development required pursuant to subdivision (a) of Section 305600 of the California Public Resources Code and Chapter 17.124 of this Title.

   Include but are not limited to public access and public access facilities and opportunities, recreation areas and recreational facilities and opportunities (including for recreational water-oriented activities), public views, natural landforms, marine resources, watercourses (e.g., rivers, streams, creeks, etc.), and their related corridors, water bodies, (e.g., wetlands, estuaries, lakes, etc.) and their related uplands, ground water resources, biological resources, environmentally sensitive habitat areas, agricultural lands, and archaeological or paleontological resources. (Ord. O-2015-006 § 2 (part), 2015: Ord. O-2014-005 § 2 (part), 2014)

   That land and water area of the State of California from the Oregon border to the border of the Republic of Mexico, specified on the maps identified and set forth in Section 17 of that chapter of the Statutes of the 1975-76 Regular Session, enacting Division 20 of the California Coastal Act, extending seaward to the state's outer limit or jurisdiction, including all offshore islands, and extending inland generally one hundred yards from the mean high tide line of the sea. In significant coastal estuaries, habitats and recreation areas it extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less, and in developed urban areas the zone generally extends inland less than one thousand yards. The coastal zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, established pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area.

   That open space portion of a development belonging equally to two or more condominium owners or similar owners.

   Building(s) housing electrical and mechanical equipment necessary or the conduct of a public utility communications business with or without personnel.

   See Chapter 37.121.

   As currently defined in California Civil Code Section 783 (1982 Statutes), an estate in real property consisting of an individual interest in common of a portion of a parcel of real property together with a separate interest in space in a residential or commercial building on such real property such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.

   Any site preparation, assembly, erection, creation, substantial repair, alteration or similar action, as distinguished from the repair or maintenance of something already existing.

   The area between the top of the banks along a shallow perennial or intermittent tributary to a river or to the sea.

   The landward extent of any riparian vegetation adjacent to a stream bank.

   Hospitals, fire, police and emergency service facilities, utility "lifeline" facilities, such as water, electricity, and gas supply, sewage disposal and communications and transportation facilities which would be necessary during disasters such as fires, tidal waves, earthquakes and releases of nuclear radiation during such disasters for the protection of public health, safety and welfare.

   An excavation, the difference between a point on the original ground and a designated point of lower elevation on the finished grade.

   A facility which provides supervised care, therapy, instruction or medical treatment to individuals during daytime. No person or patients are permitted to remain overnight. This category includes: day treatment clinics, children's day center, and workshop for the handicapped.

   Demolition means removal of more than fifty percent of the linear feet of the exterior walls (structural framing) of a building.

   A.   A wall, or portion of a wall, is deemed "removed" when its structure is separated from the foundation or relocated, or when the wall is enclosed behind newly constructed space.

   B.   For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous. (Ord. O-2016-006 § 1 (part), 2016)

   The number of residential or motel units per acre.

   The awarding of greater unit densities within an established land use density range. (Note: Density bonuses above the specified ranges may be considered in return for the provision of housing that is affordable to persons and families of low and moderate income.)

   A technique of retaining open space by transferring permitted density from one developable parcel or area to another developable parcel or area.

   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 and 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).

   See Chapter 17.121.

   A portion of the city within which certain uses of land and buildings as are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all set forth and specified in this Title.

   Any mechanical filter alteration of the grade of bottom sediments in any body of water.

   An establishment which accommodates the patrons of motor vehicles from which the occupants may watch, purchase or receive goods or services.

   An improved road, the use of which is ordinarily limited to persons residing or working on the site and their invitees, license and business visitors, which provides access to off-street parking or loading facilities.

   A building or portion thereof designed and used exclusively for non-transient residential occupancy, including one-family, two-family, three-family dwellings and apartments and multiple family dwellings.

   A dwelling unit designed exclusively for use and occupancy by one family.

   A building containing not more than two kitchens designed and/or used to house not more than two families, living independently of each other under a common roof.

   A building containing not more than three kitchens, designed and/or used to house not more than three families, living independently of each other sharing a common roof.

   A building or portion thereof, used and designed as a residence for four or more families living independently of each other with a separate kitchen facility for each unit, including apartment houses, but not including motels, hotels and boarding houses.

   A group of two or more detached or semi-detached, one-family, two-family or multiple family dwellings occupying a parcel of land in one ownership and having a court in common.

   A portion of land created by grant or agreement for specific purpose; an easement is the right, privilege or interest which one party has in the land of another (examples, right-of-way, public access or recreation area, etc.).

   Any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other source of energy, excluding active and passive solar equipment for residential, commercial and resort developments.

   Those identifiable resources within the coastal zone which, due to their sensitivity or public value must be protected or preserved within the intent of Section 30230, 30231, 30233, 30236, and 30240 of the Coastal Act. Also, see Sensitive Coastal Resource Areas.

   An individual or household of two or more persons living together in a dwelling unit, who need not be related by blood or marriage (Refer to Chapter 17.108, Parking).

   A facility which provides service in a private residence to six or fewer individuals who are not related to the resident household. These individuals are handicapped, aged, disabled or in need of adult supervision, and are provided such service in accordance with their individual needs. (See also Group Care Facilities.) This category includes:

   A.   Family care home for children includes nurseries for children of working mothers and parent cooperative nursery schools licensed by the State Department of Social Welfare to provide care and supervision of children in a home setting during the day or twenty-four hours.

   B.   Nursery (Mentally Retarded and Other Handicapped infants). Nursery facility that provides nursing services primarily in crib accommodations in a family home setting.

   C.   Family Home Care. Facility for mentally ill or retarded adults and children and the aged. These facilities are licensed by the State Department of Medical Hygiene or certified by the State Department of Social Welfare. The home is intended for not more than six patients, who are provided with a program of services and protective supervision in a home setting.

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

   Any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake or other similar materials.

   The depositing of earth or any other substance or material by artificial means, including new pilings (except for replacement pilings) placed for the purposes of erecting structures thereon placed in a submerged area, any action by which earth, sand, gravel, rock or any other material is placed, pushed, pumped, pulled, transported, or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting therefrom.

   The level of the finished surface of the ground at the completion of all grading by a subdivider or developer as approved in the final project grading plans by the city. (See Site Grade.)

   Lowland or relatively flat area adjoining inland or coastal areas that are subject to periodic inundation as a result in flood flows.

   The area subject to flooding in a major storm which has the potential for occurring once during a one hundred year period and described by the U.S. Department of Housing and Urban Development Federal Insurance Administration.

   A channel for passing floodways and described by the U.S. Department of Housing and Urban Development Federal Insurance Administration.

   The total horizontal area, in square feet, on all floors within the exterior walls of a structure, including garages and carports, but excluding the area of courts, open decks, unenclosed patios and basements. Roofed portions of structures which are enclosed by vertical wall surfaces exceeding sixty percent of the total vertical area between the floor and roof planes shall be included as building area. (Ord. 94-04 § 3 (part), 1994)

   The ratio of the gross floor area of the structure to the total area of the lot or building site. (Ord. 94-04 § 3 (part), 1994)

   (See Lot Coverage)

   The property line or a site abutting on a public or private street or highway, other than the sideline or streetside of a corner lot.

   Any accessory structure or a portion of a main structure, having a permanent roof, three walls and door(s) and designed and usable for the storage of motor vehicles.

   A garage building designed, constructed, and used for the storage of vehicles and available for public use.

   An official or formal statement of facts giving an account of or disseminating information as to the geological condition of a particular site. The report shall cover all, but may not be limited to the requirements of Chapter 17.078 of this Title.

   The adopted general plan of the city of Pismo Beach, including elements, amendments, additions and appendices.

   The Government Code of the State of California.

   Excavating, filling, leveling, or smoothing or combination thereof.

   A facility which provides resident services to seven or more individuals of whom one or more are unrelated. These individuals may be handicapped, aged, disabled or are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed or supervised by federal or state health or welfare agencies. This category includes: boarding homes for the aged, board and care homes for adults, foster homes for children, group homes are half-way houses. (See also Family Care Facility.)

   Detached living quarters of a permanent type of construction of less than four hundred square feet, kitchen facilities not permitted, clearly subordinate and incidental to the main building on the same building site, where no compensation in any form is received or paid whether directly or indirectly for occupancy of the unit.

   Trees or shrubbery planted and maintained in such a manner as to create a physical barrier.

   See Building Height.

   The term hillside areas is defined as all properties with slopes of ten percent or more. No grading shall commence on slopes greater than thirty percent, including, but not limited to, access roads and driveways. The hillside development regulations of the city of Pismo Beach Zoning Ordinance (Chapter 17.078) shall apply in addition to the standards and procedures set forth in the ordinance codified in this section for all properties in this category. (Ord. 88-10 § 3, 1988)

   See Chapter 17.115.

   A non-profit association of the owners of all land in a give area formed for the purpose of improving or maintaining the quality of the area.

   See Chapter 17.113. (Ord. O-2018-006 § 2 (part), 2018)

   See Major Medical Care Facility.

   See Motel.

   Ordinances, regulations or programs which implement the provisions of the certified local coastal program land use plan.

   For the purposes of this title, inauguration of use shall be either of the following: (a) securing of a building permit for approved construction projects and construction has commenced; or (b) for subdivisions, recordation of the final, city-approved map at the county recorder's office. For the permit to remain valid, construction under the building permit must successfully complete the first inspection within six months of issuance of the building permit. A foundation permit shall be treated as equivalent to a building permit, but grading, demolition, electrical, mechanical or plumbing permits shall not be considered or treated as building permits. (Ord. O-2016-006 § 1 (part), 2016)

   Cash payments required as a substitute for a dedication and/or improvement of land by an owner or developer of property.

   See Motel.

   A small pool of heated water used for recreation or physical therapy. (See Swimming Pool.)

   More than one hundred square feet of area of any roofed or unroofed lot used for the storage of junk, including scrap metals, salvage or other scrap materials bought, sold, exchanged, packaged, disassembled or handled, including auto and building wrecking yards.

   Any lot, building, structure, enclosure or premises, except those activities of a duly licensed veterinary hospital, public pound, or the buying or selling of livestock accessory to an agricultural, use where four or more small domestic animals, four months of age or older, not sick or injured, are held or maintained for compensation or cared for or trained for hire, or are for sale for breeding purposes.

   Any space used, intended or designed to be used for cooking and preparing food.

   Place devoted to testing, analyzing and experimental study. This use does not include manufacturing, assembly, or packaging of products within this definition.

   The planting and continued maintenance of ornamental plant material and shall include the installation, use and continued maintenance of permanent irrigation system.

   The place, area or way the public shall have safe adequate and usable ingress and egress paralleling the Pacific Ocean, stream corridors or other wetlands.

   Domestic or useful animals normally kept or reared on a farm or ranch for work, breeding, fattening, or other purposes, including but not limited to horses, cows, sheep, swine and goats.

   Any area in which livestock are kept for fattening or dairy purposes and are fed by methods other than grazing.

   See Parking Regulations.

   See Local Coastal Program.

   The city's land use plans, zoning ordinances, zoning district maps, and, within sensitive coastal resource areas, implementing actions which, when taken together, meet the requirements of, and implement the provisions and policies of the California Coastal Act of 1976, at the local level.

   That portion of the general plan which has been prepared by the city of Pismo Beach and which establishes land use designations and related goals, policies and programs governing the use of land within the coastal zone.

   The same definition as boarding house, but no meals shall be provided, or shall any meals be permitted in any guest room therein.

   A floor of a building which is generally open to the floor beneath. This floor shall be counted as floor space of the structure.

   A legal unit of land created in accordance with subdivision rules and assigned a lot number.

   The total horizontal area included within lot lines, but excluding any portion of such area which has been dedicated for public right-of-way purposes.

   A lot abutting upon two or more streets, at their intersection or upon two parts of the same street, such streets or part of the same street forming an interior angle of less than one hundred thirty-five degrees.

   The coverage of a lot by all portions of the building, either at or above ground level, including garages, carports and cantilever portions of the building excluding roof overhangs, eves or similar architectural extensions.

   The horizontal distance between the front and rear lot lines, measured in the mean direction of the side lot lines.

   A lot other than a corner lot.

   A line separating the frontage from a street; the side from a street or adjoining property; the rear of side from an alley or street or adjoining property.

   In the case of an interior lot, the line separating the lot from the street right of way. In the case of a corner lot, the shorter street frontage shall be the front lot line.

   The lot line opposite and most distant front the font lot line.

   Any lot boundary which is not a front lot line or a rear lot line.

   The combining of two or more contiguous lots in common ownership into one or more legal parcels.

   Any lot existing and recorded as a separate legal parcel in the office of the county recorder at the effective date of this Title which does not conform to the requirements for new lots for the district in which it is located or does not conform to the subdivision regulations of the city of Pismo Beach.

   An interior lot having frontage on two parallel or approximately parallel dedicated streets. Only when one of these two streets is a major arterial to which access is not permitted shall the local street be considered the only frontage or lot front.

   An institution which provides intensive supervision and/or medically supervised treatment to patients who are generally non-ambulatory. This category shall include: hospitals (general), hospitals (special), extended care facilities, and children's treatment centers.

   "Accessory" for purposes of this section means occupying no more than twenty-five percent (25%) of the floor area of the following types of primary uses, as determined via Zoning Clearance application (See Section 17.121.100):

   D.   Hotels with seventy-five (75) or more rooms.

   "Primary" for purposes of this section means occupying more than twenty-five percent (25%) of the floor area of the establishment. (Ord. O-2019-006 § 2 (part), 2019)

   Those actions taken for alleviating, reducing, abating or diminution of adverse impacts.

   1.   A vehicle, other than a motor vehicle or recreational vehicle (RV) designed for human habitation, or for human purposes, and capable of carrying property on its own structure and of being drawn by a motor vehicle.

   2.   As defined in conjunction with mobile home (MH) overlay zone (Section 17.106), a structure transportable in one or more sections, which is twenty body feet or more in width and is thirty-two feet or more in length, and which is built on a permanent chassis and designed to be used as a residential dwelling on a single family residential (R-1) lot with a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein.

   As currently defined in California Health and Safety Code Section 18214 (1982 Statutes), a mobile home park is any area or tract of land where two or more mobile home lots are rented, leased or held out for rental or lease to accommodate mobile homes for human habitation. (Subject to the provisions and regulations established by Ordinance 79).

   A state certified modular structure meeting all building code requirements. The structures are permitted in any zone as provided for by this Title. Modular structures must conform to the provisions of the Uniform Building Code and require architectural approval.

   Building(s) containing guest rooms or apartments used primarily for the accommodation of transient guests.

   A structure which was lawfully erected prior to the adoption of this Title but which, under this Title does not conform with the standards prescribed in the regulations for new development for the district in which it is located, including, without limitation, setbacks, size, height, parking or similar regulations.

   A use of a structure or land which was lawfully established and maintained prior to the adoption of this Title, but which under this Title does not conform with the use regulations for new uses within the district in which it is located.

   See Family Care Facility and Group Care Facility.

   A facility or area used for sale, display or propagation of plants, trees, shrubs and other related products.

   A business establishment for rendering of services or administration, but excluding retail sales.

   A site or a portion of a site devoted to the loading or unloading of motor vehicles. (See Parking Requirements).

   A site or portion of a site or a building designed for the loading or unloading from motor vehicles including parking spaces, aisles, access drives and landscaped areas.

   Establishes development standards in areas of special concern (e.g., fault zones, historic districts, flood plains environmentally sensitive habitats and hillsides) over and above the standards applicable to basic land uses (e.g., commercial, residential, industrial).

   A portion of land having been assigned an assessor's parcel number and which may include a number of lots under a common usage.

   An area, other than a street or other public way used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. Area includes all space needed for the movement of vehicles and people, screening or buffering space, landscaping and access drives.

   An area not within a building where vehicles may be stored. (Ord. 2004-03 § 1 (Exh. A (part)), 2004)

   A building or portion of a building below or above ground where vehicles may be stored. (Ord. 2004-03 § 1 (Exh. A (part)), 2004)

   An off-street area, for the parking of a motor vehicle, with at least seven feet of vertical clearance either within a structure or in the open, excluding driveways, or access drives, but which abuts upon a street, alley or has other appropriate means of access.

   A system that uses heat transfer from a thermal mass instead of mechanical power to distribute collected heat. Passive Systems rely on building design, orientation, and materials to collect and store heat and to create natural ventilation for cooling.

   A calculation derived from measuring the change in elevation on a site. Percentage slope equals the amount of elevation rise or fall, divided by the distance of land used to measure the change in elevation. For example:

 

  

   Any licenses, certificate, approval, or other entitlement for development and/or use of property as required by any public agency.

   An allowable use inherently compatible with other uses in that district, not requiring a conditional use permit.

   The planning commission of the city of Pismo Beach, California.

   A.   Residential Generally. Consists of a residential development with clustered residential uses and common open space and may include a variety of housing types and styles as well as community facilities for recreation areas.

   B.   Non-residential. Generally, consists of planned industrial parks, shopping centers, office building parks or any development that comprises groups of buildings planned and built in pre-arranged relationships to each other and to the common facilities or properties.

   See Lot.

   See Swimming Pool.

   A single dwelling on a lot that contains no other dwellings, other than an accessory dwelling unit as defined in this section. (Ord. O-2018-010 § 1, 2018: Ord. 2007-005 § 1 (Exh. A (part)), 2007: Ord. 04-02 § 2 (Exh. A (part)), 2004: Ord. 03-03 § 2 (Exh. B (part)), 2003)

   Public works means the following:

   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 any utility subject to the jurisdiction of the public utilities commission, except for energy facilities;

   B.   All public transportation facilities, including streets, roads, highways, public parking lots and structures, ports, harbors airports, railroads, and mass transit facilities and station, bridges, trolley wires, and other related facilities;

   C.   All publicly financed recreational facilities, all projects of the State Coastal Conservancy, and any development by a special district;

   D.   All community college facilities.

   Structures such as patios, decks, porches, landing places or outside stairways that have a vertical measurement of thirty inches or more above existing grade.

   As currently defined by State Law: "A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for transient habitation for recreational or emergency occupancy only, with a living area less than two hundred twenty square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms," Health and Safety Code Section 18215.5.

   As currently defined by State Law: "Any area or tract of land, within an area zoned for recreational vehicle use, where one or more lots are rented, leased, or held out for use to owners or users of recreational vehicles or tents and which is occupied for temporary purposes." (See Health and Safety Code Sec. 18215 and Municipal Code Chapter 5.24).

   A preliminary survey of a specific region or area.

   The sale of lots directly to the consumer.

   The Pacific Ocean and all harbors, bays, channels, estuaries, salt marshes, sloughs, and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuarine rivers, streams, tributaries, creeks, and flood control and drainage channels.

   A wall, structure, device, rock embankment or similar facility located along bluff and bank edges.

   A use which is subordinate to or auxiliary to that of a principle use.

   Those identifiable and geographically bounded land and water areas within the coastal zone of vital interest and sensitivity, including:

   A.   Special marine and land habitat areas, wetlands, lagoons, and estuaries as mapped and designed in the general plan/local coastal program land use plan;

   B.   Areas possessing significant recreational value;

   C.   Highly scenic areas;

   D.   Archaeological sites referenced in the California coastline and recreation plan or as designated by the State Historic Preservation Office;

   E.   Special communities or neighborhoods which are significant visitor destination areas;

   F.   Areas that provide existing coastal housing or recreational opportunities for low and moderate income persons;

   G.   Areas where divisions of land could substantially impair or restrict coastal access.

   A line established by ordinance to govern the placement of buildings with respect to lot lines, streets or alleys.

   Primarily retail commercial and/or mixed use sites with eight or more separate businesses sharing common private pedestrian and parking areas. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-010 § 1 (Att. A (part)), 2004)

   See Chapter 17.113. (Ord. O-2018-006 § 2 (part), 2018)

   Determination to the effect that municipal resources needed to accommodate new development are not readily available.

   Those areas identified in the city of Pismo Beach general plan as areas wherein special material resources (as described in the natural resources component of the general plan) unique to each geographic area have beer designated for special protection measures. These areas are Pismo Marsh, Pismo Creek, Shoreline Area, Coastal Foothill Area and the Butterfly Habitats identified on the general plan, Figures EN-11.

   Phrase used in the zoning ordinance to establish lot grade for the purpose of determining building heights and other development criteria. Site grade is determined as follows:

   A.   For subdivided properties existing as of the time of adoption of the October 12, 1996 zoning ordinance, site grade shall be the existing topography of each parcel as of October 12, 1976;

   B.   For unsubdivided properties, or parcels subdivided after October 12, 1976, site grade shall be established as being the precise topography of the lot at the time of completion of finished grading, based on city approved grading plan for the subdivision.

    Any establishment that either: (1) devotes more than fifteen percent (15%) of its floor space or (2) devotes at least sixteen (16) cumulative cubic feet of shelf space to smoking paraphernalia. For purposes of this section, "smoking paraphernalia" means paraphernalia relating to the smoking of tobacco, cannabis, or other psychoactive substances, or inhalation of vapor containing nicotine, tetrahydrocannabinol, or other psychoactive substances, including but not limited to pipes, rolling papers, grinders, lighters, vape pens/e-cigarettes, cigarettes, cigars, chew, and loose tobacco. (Ord. O- 2019-006 § 2 (part), 2019)

   See Swimming Pool.

   A written document and appropriate graphics for development of one or more parcels which contains the regulations, conditions, programs and legislation necessary for systematic implementation of each element of the city's general plan/local coastal program land use plan in conformance with Government Code Section 5451 et seq.

   Specified anatomical areas shall mean and include any of the following:

   A.   Less than completely and opaquely covered human genitals or pubic region, buttocks or anus, and female breast below a point immediately above the top of the areola;

   B.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered; and

   C.   Any device, costume or covering that simulates any of the body parts included in subsections A or B above, even if completely and opaquely covered. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-010 § 1 (Att. A (part)), 2004)

   Specified sexual activities shall mean and include any of the following, whether performed directly or indirectly through clothing or other covering:

   A.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;

   B.   Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

   C.   Masturbation, actual or simulated; and

   D.   Excretory functions as part of or in connection with any of the other activities described in subsections A through C above. (Ord. 05-02 § 1 (Att. A (part)), 2005: Ord. 04-010 § 1 (Att. A (part)), 2004)

   As currently defined in California Civil Code Section 11003.2 (1982 Statutes), a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, in all or substantially all of the share holders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, and which transfer of share or shares of stock or membership certificates in the corporation held by the person having such right to occupancy.

   A public thoroughfare which affords principal means of access to abutting property, including avenue, place, way, drive, land, boulevard, highway, road, and any other thoroughfare except an alley as defined herein.

   Arty change in the supporting members of a structure, such as bearing walls, columns, beams and landscaping.

   Anything constructed or erected; the use of which requires location on or in the ground, or attachment to something having location on the around including but not limited to swimming pools, buildings, roads, pipes, conduits, telephone lines and electrical transmission and distribution lines, driveways, paving, parking spaces or at-grade patios.

   A building not permanently attached to the ground or other structure by fixed foundation, piles, or structures.

   A pool, spa, jacuzzi, hot tub, or open tank, capable of containing water to a depth greater than one and one-half feet at any point, the primary use of which is for recreation or physical therapy

   The point at which thee inland extent of a beach or the mean high tide line of the ocean where there is no beach meets the face of the bluff.

   Any structure, or any portion of any structure, that is occupied or intended or designed for occupancy by persons for periods of fewer than thirty days or one month, whichever is shorter. (Ord. 2007-005 § 1 (Exh. A (part)), 2007: Ord. 04-02 § 2 (Exh. A (part)), 2004: Ord. 03-03 § 2 (Exh. B (part)), 2003)

   Establishes a zone between the face of the bluff and the line determined by extending inland to a point formed by a twenty degree angle from the horizontal plane at the toe of the bluff, or fifty feet inland from the edge of the cliff or bluff, whichever is greater. Within this zone a geologic study shall be required for all development as identified in the local coastal program land use plan.

   Bluff retreat zones, up to a maximum of twenty-five feet of the projected bluff retreat, other unmitigatable hazard areas, areas in excess of percentage slope requirements, waterways and other similar unbuildable areas.

   The purpose for which land or a building is designed, arranged, or intended or for which either land or buildings is or may be occupied or maintained.

   (See Chapter 17.12).

   The place, area or way the public shall have safe, adequate and usable ingress and egress perpendicular to the mean high tide line of the Pacific Ocean, stream corridors or other wetlands.

   Those stores, shops, businesses, recreational facilities (both public and private), parks and natural preserves which are regularly utilized by the traveling public.

   A building(s) used primarily for the storage of goods of any type, when such building contains more than five hundred square feet of storages space, and where no assembly, manufacturing, or retail operation; is conducted with the use.

   When used to describe appeal periods, "working days" shall be those days on which the city hall offices are open to the general public and shall exclude weekends and legal holidays observed by the city.

   An open space other than a court on the same site with a building, which open space is unoccupied and unobstructed from the ground upward, except for landscaping or as specified elsewhere in this Title, but not including any portion of any street, alley or road right of way, except as specified elsewhere in this Ordinance.

   A yard of uniform depth extending across the full width of the lot between the front lot line and the nearest line of the main building or enclosed or covered porch. The front yard of a corner lot is the yard adjacent to the shorter street frontage.

   A yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of that main building.

   A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard.

   Development where individual units are located on legal parcels such that they may abut on a common property line, without yard setbacks or that property line.

   See District.

   See Chapter 17.121.