Chapter 18.04
DEFINITIONS
Sections:
18.04.010 Definitions.
The following definitions are provided for the following terms in the coastal implementation plan:
A. Definitions, “A.”
“Accessory structures” means structures that are accessory to principal allowed uses and structures, such as parking facilities, restrooms, etc.
“Adverse effect (on a wetland)” means development in a wetland that is not an allowed use in a wetland and/or development which would degrade the ability of a wetland or marine resource to sustain and maintain its biological productivity (healthy populations of all species of marine organisms) and ability to provide a long-term commercial, recreational, scientific, and educational purpose.
“Adverse effect (on an ESHA)” means any significant disruption of the habitat values, any significant degradation of habitat areas, and anything incompatible with the continuance of ESHA.
“Adverse effect on visual resources” means development that impacts views to and along the ocean and scenic coastal areas, alters natural landforms, and/or conflicts with the character of surrounding areas.
“Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the city of Seaside in connection with a city decision or action on a coastal administrative permit or coastal development permit application, or who, by other appropriate means prior to a hearing or the city’s final action on a CAP/CDP, informed the city of Seaside of the nature of his/her concerns or who for good cause was unable to do either. An aggrieved person includes the applicant for the CAP/CDP.
Agriculture, Resource and Open Space. See “Land use.”
B. Definitions, “B.”
“Best management practices (BMPs)” are the methods, measures, and practices selected and designed to reduce or eliminate pollutants in runoff, and/or to minimize changes in runoff flow characteristics resulting from development.
“Building site coverage” means any area covered by a structure, structures, or structure protrusions including above grade decks but not including building eaves of thirty inches or less and not including paved driveways, sidewalks, paths, and patios.
C. Definitions, “C.”
“California Environmental Quality Act (CEQA)” means a California law (California Public Resources Code Section 21000 et seq.) which sets forth a process for public agencies to make informed decisions on discretionary project approvals. The process aids decision makers to determine whether any environmental impacts are associated with a proposed project. It requires environmental impacts associated with a proposed project to be eliminated or reduced and that alternatives and mitigation measures that will substantially reduce or eliminate significant impacts to the environment have been implemented.
“Canyon Del Rey watershed” is defined as the area beginning near the intersection of Quail Ridge Lane and State Route 68, continuing along State Route 68 toward the city of Monterey until the intersection of Canyon Del Rey Boulevard and State Route 68, and extending along Canyon Del Rey Boulevard until the terminus of Canyon Del Rey Creek at the southeastern end of Laguna Grande, and is further defined as an area of exceptional value and public importance.
“Coastal Act” means the California Coastal Act of 1976, California Public Resources Code Sections 30000 et seq., as amended.
“Coastal appeal zone” means a geographical area between the sea and first public road paralleling the sea or within three hundred feet of the inland extent of any beach or within three hundred feet of the mean high tide line of the sea where there is no beach, whichever is the greater distance, in combination with tidelands, submerged lands, public trust lands, and lands within one hundred feet of any wetland, estuary, stream, or within three hundred feet of the top of seaward face of any coastal bluff.
“Coastal Commission” means the California Coastal Commission as established by the California Coastal Act of 1976.
“Coastal administrative permit (CAP)” means a type of coastal permit that: (1) as proposed is consistent with the LCP; (2) requires no discretionary approval other than a coastal permit; (3) has no adverse effect either individually or cumulatively on coastal resources, including public access; (4) requires a public hearing only where one is requested; (5) may be granted in compliance with the California Coastal Act and the LCP; and (6) that authorizes development and a specific use of land on a specific site, subject to compliance with any conditions of approval imposed on the permit.
“Coastal-dependent use” means any development, or use, that requires a site on, or adjacent to, the ocean to function.
“Coastal development permit (CDP)” means a type of coastal permit that requires a public hearing that may be granted in compliance with the California Coastal Act and the LCP, and which authorizes development and a specific use of land on a specific site, subject to compliance with any conditions of approval imposed on the permit.
“Coastal hazard” includes, but is not limited to, episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, storms, tsunami, coastal flooding, landslides, bluff and geologic instability, and the interaction of same.
“Coastal implementation plan (CIP)” includes the implementation measures needed to carry out the goals, policies, and programs of the land use plan (LUP) document of the local coastal program (LCP).
Coastal Mixed Use/West Broadway Urban Village specific plan (CMX/WBUVSP) Zone Designation. See “Zoning district.”
Coastal Parks and Open Space (CPOS) Zone Designation. See “Zoning district.”
“Coastal scenic view corridor” means an area in which development must be sited and designed to protect public views to the dunes, along the shorelines, and in scenic coastal areas, including to minimize the alteration of landforms, so that such development will be visually compatible with the character of the surrounding areas.
Coastal Visitor-Serving Commercial (CVSC) Zone Designation. See “Zoning district.”
Coastal Visitor-Serving Recreation (CVSR) Zone Designation. See “Zoning district.”
“Coastal waters” means wetlands, streams, rivers, drainage courses, estuaries, marshes, lakes, the ocean, and groundwater within the coastal zone.
“Coastal zone” means the portions of the California coastal zone established by the California Coastal Act of 1976, and as defined by Section 30103 of the Public Resources Code, within the city of Seaside.
“Cumulatively” or “cumulative effect” means the incremental effects of an individual project shall be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
D. Definitions, “D.”
“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
“Directly connected impervious areas” include areas covered by a building, impermeable pavement, and/or other impervious surfaces that drain directly into the storm drain system without first flowing across permeable areas (e.g., vegetative landscaping or permeable pavement).
“Discharge directly” means runoff that flows from the development to coastal waters and is not first combined with flows from any other adjacent areas.
“Drainage course” means a watercourse with a defined bed, bank, and channel, and/or with locally indigenous hydrophytic vegetation.
“Dry weather runoff” means the runoff from a site not attributed to precipitation; it typically includes, for example, irrigation water, wastewater from rinsing or pressure-washing pavements, and residential car wash water.
E. Definitions, “E.”
“Eighty-fifth percentile rainfall event” means the storm event whose precipitation total is greater than or equal to eighty-five percent of all storm events over a given period of record. For example, to determine what the eighty-fifth percentile storm event is in a specific location, all twenty-four-hour storms that have recorded values over a thirty-year period would be tabulated and an eighty-fifth percentile storm would be determined from this record (i.e., fifteen percent of the storms would be greater than the number determined to be the eighty-fifth percentile storm).
“Environmentally sensitive habitat area (ESHA)” means any land in which plant or animal life or their habitats are either rare or especially valuable because of their nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments is defined to be an environmentally sensitive habitat area, or ESHA, consistent with Coastal Act Section 30107.5.
F. Definitions, “F.”
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
“Floor area ratio (FAR)” expresses the intensity of use on a lot. The FAR represents the ratio between the total gross floor area of all buildings on a lot and the total land area of that lot. For example, a twenty thousand square foot building on a forty thousand square foot lot yields a FAR of 0.50:1 or fifty percent. A fifty percent FAR describes a single-story building that covers half of the lot or a two-story building covering approximately one-quarter of the lot.
G. Definitions, “G.” (No specialized terms beginning with the letter “G” are defined at this time.)
H. Definitions, “H.”
“Hydromodification” means the physical effect on receiving waters linked to the modification of the flow rate, duration, and volume of runoff from development that influences sediment transport, erosion and depositional processes, and stream ecology.
I. Definitions, “I.” (No specialized terms beginning with the letter “I” are defined at this time.)
J. Definitions, “J.” (No specialized terms beginning with the letter “J” are defined at this time.)
K. Definitions, “K.” (No specialized terms beginning with the letter “K” are defined at this time.)
L. Definitions, “L.”
“Land use” means the purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.
1. Agriculture, Resource and Open Space. Land use that often allows uses such as farming operations, land preservation, parklands, recreational uses, educational facilities, etc.
2. Recreation, Education and Public Assembly. Land use that often allows uses such as meeting facilities, schools, playgrounds, recreation facilities, golf courses, health/fitness facilities, libraries, museums, theaters, equestrian facilities, etc.
3. Retail. Land use that often allows uses such as retail sales, recreational equipment rental and related activities, etc.
4. Services. Land use that often allows uses such as lodging, visitor/traveler support services, restaurants, wineries, service stations, recreational trails, etc.
“Land use plan (LUP)” means the portion of a local government’s LCP that identifies the kinds, location, and intensity of land uses, the applicable resource protection and development policies, and, where necessary, a listing of implementing actions (PRC Section 30108.5).
Local Coastal Program (LCP). The city of Seaside’s land use plan and coastal implementation plan as certified by the Coastal Commission constitute the city of Seaside local coastal program.
Lot Area. Gross lot area is the total area included within the lot lines of a lot. “Net lot area” is the gross area of the lot from which submerged areas and road easements have been subtracted.
“Lot depth” means the average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. The resource management services department shall determine lot depth for parcels of irregular configuration.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. The resource management services department shall determine lot width for parcels of irregular shape.
“Low impact development (LID)” means a set of development site design strategies with the goal of maintaining or reproducing the site’s predevelopment hydrologic functions of storage, infiltration, and groundwater recharge, as well as the volume and rate of storm water discharges. LID strategies use small-scale integrated and distributed management practices, including minimizing impervious surfaces, infiltrating storm water close to its source, and preserving permeable soils and native vegetation.
M. Definitions, “M.”
Major Public Works and Energy Facilities.
1. “Major public works” and “major energy facilities” mean facilities that cost more than one hundred thousand dollars with an automatic annual increase in accordance with the Engineering News Record Construction Cost Index, except for those governed by the provisions of Public Resources Code Section 30610, 30610.5, 30611 or 30624.
2. Notwithstanding the criteria in subsection (M)(1) of this section, “major public works” also means publicly financed recreational facilities that serve, affect, or otherwise impact regional or statewide use of the coast by increasing or decreasing public recreational opportunities or facilities (California Administrative Code Title 14, Section 13012).
“Marine resource” is a broad, encompassing term that incorporates all marine life and marine habitats, including the flora and fauna of the Monterey Bay Marine Sanctuary and all water bodies within the coastal zone that, due to their aesthetics, function, or contribution to the social and environmental ecosystem, are considered to have exceptional value and public importance.
“Marsh” means a tract of low wetland, often treeless and periodically inundated, generally characterized by a growth of grasses, sedges, cattails, and rushes.
“Mitigation/restoration and monitoring program” means a program prepared pursuant to Section 15097 of the CEQA Guidelines. It describes the processes for implementing identified mitigation measures and/or restoration measures and the persons responsible for implementing and/or overseeing those mitigations. The specific mitigation/restoration measures themselves are intended to be the mitigation measures identified in the environmental review of a project.
“Mudflat” means a mud-covered, gently sloping tract of land alternately covered and left bare by tidal waters.
N. Definitions, “N.”
“Natural hazard” means a threat of an atmospheric, earth, or water related occurrence (or potential threat of same) that will have a negative effect on life, property, or the environment. Natural hazards within Seaside’s coastal zone include but are not limited to episodic and long-term shoreline retreat and coastal erosion, high seas, ocean waves, storms, tsunami, coastal flooding, earthquakes, landslides, bluff and geologic instability, and the interaction of same.
O. Definitions, “O.” (No specialized terms beginning with the letter “O” are defined at this time.)
P. Definitions, “P.”
“Public access” means the ability of residents and visitors to use and enjoy areas within the coastal zone for access and recreational activities such as hiking, bicycling, and picnicking. Public access includes the provision of open accessway to coastal features and connectivity to other existing coastal features and inland trail networks such as walkways and bicycle paths.
Q. Definitions, “Q.” (No specialized terms beginning with the letter “Q” are defined at this time.)
R. Definitions, “R.”
Recreation, Education and Public Assembly. See “Land use.”
“Repair and maintenance” means an activity designed to return the object of the repair and/or maintenance event to its prior legally established configuration.
Retail. See “Land use.”
“Riparian habitat/corridor” means an area of vegetation that is an association of plant species that grow adjacent to freshwater watercourses, including perennial and intermittent streams, lakes, and other watercourses and bodies of fresh water. The extent of riparian habitat/corridor is defined by the edge of riparian vegetation or, in the absence of such vegetation, the top edge of the bank of the watercourse.
“Runoff” includes both storm water runoff and dry weather (urban) runoff.
S. Definitions, “S.”
Sand Dune, Dune. Sand dunes form in certain conditions of sand supply and wind energy and direction. Dunes are a dynamic habitat subject to extremes of physical disturbance, drying, and salt spray and support a unique suite of plant and animal species adapted to such harsh conditions.
“Sea level rise” is commonly defined as the anticipated sea level changes due to the greenhouse effect and associated global warming and climatic changes.
“Seawater intrusion” means the movement of saline water into freshwater aquifers. Most often, it is caused by groundwater pumping from coastal wells, or from construction of navigation channels. The channels and canals provide conduits for salt water to be brought into freshwater marshes; however, saltwater intrusion can also occur as the result of a natural process like a storm surge from a hurricane. Saltwater intrusion occurs in virtually all coastal aquifers, where they are in hydraulic continuity with seawater.
Services. See “Land use.”
“Setback” means the distance by which a structure, parking area, or other development feature must be separated from a lot line, other structure or development feature, street centerline, or other areas specified in the LCP.
“Significant environmental impact (significant adverse impact on the environment)” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. (CEQA Guidelines, 14 California Code of Regulations Section 15382.)
“Site design best management practices (BMPs)” means project design features that reduce the creation or severity of potential pollutant sources, or reduce the alteration of the project site’s natural storm water flow regime. Examples include minimizing impervious surfaces, preserving native vegetation, and infiltrating rooftop runoff.
“Source control best management practices (BMPs)” means methods that reduce potential pollutants at their sources and/or avoid entrainment of pollutants in runoff, including schedules of activities, prohibitions of practices, maintenance procedures, managerial practices, or operational practices. Examples include covering outdoor storage areas, using efficient irrigation, and minimizing the use of landscaping chemicals.
“Storm water runoff” means water resulting from precipitation that flows over land surfaces.
“Structure height” means the distance measured vertically from existing grade to the top of the structure.
“Swamp” means a tract of wet, spongy land, often having a growth of certain types of trees and other vegetation, but unfit for cultivation.
T. Definitions, “T.”
“Treatment control BMPs” means systems designed to remove pollutants from storm water by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption, or any other physical, biological, or chemical process. Examples include vegetated swales, detention basins, and storm drain inlet filters.
“Two-year, twenty-four-hour design storm” means a nationally accepted rate that represents the largest amount of rainfall expected over a twenty-four-hour period during a two-year interval.
U. Definitions, “U.” (No specialized terms beginning with the letter “U” are defined at this time.)
V. Definitions, “V.”
“Viewshed enhancement area” means those areas within the public viewshed that can be restored or enhanced to improve visual quality of degraded conditions.
“Visually sensitive area” means those areas within the public viewshed that provide significant views and that require height and bulk restrictions and other development standards/mitigation measures to preserve and enhance important scenic resources, including those areas shown on LUP Figure 2-4.
“Visitor/traveler support” means services such as hotels, motels, food service, information centers, etc. that provide support to visitors, guests, or tourists.
“Visual resource” means those areas within the public viewshed that provide scenic value. The scenic and visual qualities of Monterey Bay, the beach, lakes and other coastal areas shall be considered a visual resource and shall be protected as a resource of public importance.
W. Definitions, “W.”
“Watershed” means the region or area drained by a river, stream, etc.; drainage area.
“Wetland” is defined by Section 30121 of the Coastal Act as lands within the coastal zone which may be covered periodically or permanently with shallow water and include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, and fens. The definition of “wetland” is further detailed by Section 13577(b)(1) of the California Code of Regulations as land where the water table is at, near, or above the land surface long enough to promote the formation of hydric soils or to support the growth of hydrophytes, and shall also include those types of wetlands where vegetation is lacking and soil is poorly developed or absent as a result of frequent and drastic fluctuations of surface water levels, wave action, water flow, turbidity or high concentrations of salts or other substances in the substrate. Such wetlands can be recognized by the presence of surface water or saturated substrate at some time during each year and their location within, or adjacent to, vegetated wetlands or deep-water habitats.
X. Definitions, “X.” (No specialized terms beginning with the letter “X” are defined at this time.)
Y. Definitions, “Y.” (No specialized terms beginning with the letter “Y” are defined at this time.)
Z. Definitions, “Z.”
“Zoning district” means any district established by the zoning map and SMC 18.02.030, Establishment and designation of coastal zoning districts, within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).
1. Coastal Parks and Open Space (CPOS) Zone Designation. This designation is established to protect and preserve coastal resources including sensitive habitats, public views and other visual amenities, and public recreational access opportunities within the coastal zone. This designation also identifies existing or planned parkland. Public use areas include the sandy beach, accessways, parks, trails, walkways, and other recreational amenities that are publicly owned or over which easements have been established, including where they are required as a condition of development (see SMC 18.02.070).
2. Coastal Visitor-Serving Commercial (CVSC) Zone Designation. This designation is established to service the recreational needs of visitors to Seaside and the surrounding area. Principal permitted visitor-serving commercial uses include hotels/motels, food service, retail establishments, visitor/traveler support services (such as visitor information centers), and recreational-related commercial uses (see SMC 18.02.070).
3. Coastal Visitor-Serving Recreation (CVSR) Zone Designation. Principal permitted visitor-serving recreation uses include recreational equipment rental centers (such as bicycle, boat, and other recreational equipment) and visitor-serving support services (such as visitor information centers). However, counter food service (such as a snack bar), which is ancillary to a primary permitted use, is permissible.
4. Coastal Mixed Use/West Broadway Urban Village Specific Plan (CMX/WBUVSP) Zone Designation. Seaside has developed a mixed use zone designation as a way to promote pedestrian- and transit-oriented activity centers that have a mixture of residential, commercial, office, and civic uses. This designation is appropriate in a portion of the Del Monte subarea consistent and compatible with the West Broadway Urban Village specific plan. The city may consider identification and development of transit parking or transit-supporting uses as a component of mixed use within the coastal zone. This category is intended to accommodate a well-integrated mix of high-intensity residential, commercial, office, and civic uses. Under this designation, residential and commercial or office and commercial uses may be developed on the same parcel (e.g., residential above commercial).
5. Coastal Regional Commercial (CCRG) Zone Designation. The CCRG zone designation is established for existing regional commercial uses that provide employment generating opportunities for the community. Regional commercial uses are defined as large-scale commercial development with retail, entertainment, and/or service uses of a scale and function to serve a regional market. These uses are allowed where existing regional commercial uses are developed within the coastal zone. Permitted regional commercial uses include general, grocery, and outdoor retail; shopping center; health and fitness facilities; and restaurants with table service.
6. Coastal Heavy Commercial (CCH) Zone Designation. The heavy commercial zone designation is intended for sub-regional commercial activities such as auto and truck repair, contractor yards, warehousing, and light manufacturing. These uses are permitted where existing heavy commercial uses are developed within the coastal zone (i.e., near railroad right-of-way adjacent to Sand City boundary).
7. Coastal Transportation Corridor (CTC) Zone Designation. The coastal transportation corridor zone designation is established to accommodate motorized and nonmotorized forms of transportation. The State Highway 1 right-of-way and the former Southern Pacific Railroad right-of-way are essential public transportation corridors. Principal permitted uses of the corridors are for motorized and nonmotorized forms of transportation. The former Southern Pacific Railroad right-of-way shall be reserved for possible light rail, bus rapid transit route, or other nonmotorized forms of transportation including pedestrian and/or bicycle paths. (Ord. 1006 § 4 (Att. 1), 2013)