Sec. 11-53.Definitions of specialized terms and phrases.
Sec. 11-52. - Purpose.
This article provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this article conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this chapter. If a word is not defined in this article, or in other provisions of this code, the permit authority shall determine the correct definition.
(Ord. No. 5891, § 7, 12-9-2008.)
Sec. 11-53. - Definitions of specialized terms and phrases.
As used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section, unless the context in which they are used clearly requires otherwise. The definition of a term or phrase applies to any of that term's or phrase's variants.
Agricultural Commissioner. The agricultural commissioner-sealer of the county or his or her authorized representative.
"Agricultural crop" means any adapted cultivated crop grown and harvested for commercial purposes. As used in this chapter, agricultural crop does not include trees regulated by the Z'Berg-Nejedly Forest Practice Act of 1973, Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code.
"Agricultural cultivation" means the act of preparing the soil for the raising of agricultural crops.
"Agricultural DRAINAGE IMPROVEMENT" means any drainage improvement for agricultural cultivation.
"Agricultural grading" means any grading for agricultural cultivation. As used in this chapter, agricultural grading does not include grading for roads, dams, reservoirs, lakes, ponds, or pads for structures.
"Architect" means an individual licensed by the state to practice architecture and to use the title, architect.
"As-built plans" means plans or drawings that depict the final installed configuration of grading, drainage improvement, or vineyard or orchard site development (whether physical or functional). The plans or drawings shall indicate any construction deviations and show all features as actually built. The plans or drawings are intended to provide a permanent record of as-built conditions and aid as key references for future maintenance processes.
"Best management practice" means a program, technology, process, siting criteria, operational method, or engineered system, which when implemented prevents, controls, removes, or reduces pollution.
"California Division of Safety of Dams" means the Division of Safety of Dams in the California Department of Water Resources.
"California Division of Safety of Dams Guidelines for Small Dams" means the California Department of Water Resources, Division of Safety of Dams, Guidelines for the Design and Construction of Small Embankment Dams, latest edition.
"California Environmental Quality Act (CEQA)" means the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code.
"Civil engineer" means an individual registered by the state to practice civil engineering and to use the title, civil engineer.
"Coastal zone" 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 county.
"Compaction" means the densification of a fill by mechanical means.
"Construction drainage improvement" means any drainage improvement except agricultural drainage improvements.
"Construction grading" means any grading except agricultural grading.
Cut. See excavation.
"Dam" means any artificial barrier, together with appurtenant works, that does or may impound or divert water.
"Discretionary land use permit" means a discretionary permit or approval granted by the county pursuant to the zoning code to use a specific site for a particular purpose.
"Discretionary permit application" means a permit application that includes a request pursuant to Section 11-13(d) for relief from the standards in this chapter.
"Director of permit and resource management" means the director of permit and resource management of the county or his or her authorized representative.
"Drainage improvement" means any manmade improvement constructed or installed to collect and convey storm water. As used in this chapter, drainage improvement includes construction, installation, maintenance, repair, replacement, and modification of such improvements.
"Earth material" means any rock or natural soil or combination thereof.
"Embankment" means a fill consisting of a deposit of soil, rock, or other materials mechanically placed.
"Embankment reservoir" means an off-stream reservoir that utilizes embankments on all sides to impound water.
"Engineering geologist" means a professional geologist certified by the state as an engineering geologist.
"Excavation" means the removal of earth material by artificial means, also referred to as a cut.
"FEMA" means the Federal Emergency Management Agency in the U.S. Department of Homeland Security.
"Fill" means the deposition of earth material by artificial means. As used in this chapter, fill does not include soil amendment and fertilizing materials.
"Final land preparation and planting work" means the light tilling and laying out of vine or tree rows, installation of drip lines or other above-ground irrigation systems, installation of trellis systems, planting of grapevines or trees, and other work undertaken after the completion of initial land preparation work as part of the final phase of vineyard or orchard planting or replanting.
"Flood-prone urban area" means the area within the boundaries defined on the north by River Road; on the west by the easterly boundary of the Laguna de Santa Rosa to its intersection with Highway 12 and continuing with the easterly limit of the city of Sebastopol to Highway 116; on the south by Highway 116 to its intersection with Old Redwood Highway then south to East Cotati Avenue and east to its intersection with Petaluma Hill Road; and on the east by Petaluma Hill Road, north to Highway 12 then west to Highway 101 and north to River Road.
"General plan" means the Sonoma County general plan.
:Geologic hazard" means a geologic condition, either natural or man-made, that poses a potential danger to life and property. Examples include landslides, flooding, faulting, beach erosion, land subsidence, pollution, waste disposal, and foundation and footing failures.
Geologic Hazard Area Combining District. See Article 70 of Chapter 26 and Article XXV of Chapter 26C of this code.
"Grading" means an excavation or fill or combination thereof. As used in this chapter, grading does not include routine agricultural cultivation activities.
"Grading area" means the land area subject to grading.
"Highly erodible soils" means the soils in the Diablo, Dibble, Goldridge, Laughlin, Los Osos, Steinbeck, and Suther soil series.
"Initial land preparation work" means the disking, ripping, soil chiseling, terracing, and other major soil disturbance; construction of field roads; construction or installation of drainage improvements, water supply systems, and temporary and permanent soil and other pollutant control measures; and other work undertaken as part of the initial phase of vineyard or orchard planting or replanting.
"Key" means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope.
"Lake" means a permanent natural body of water of any size, or an artificially impounded body of water having a surface area of at least one (1) acre, isolated from the sea, and having an area of open water of sufficient depth and permanency to prevent complete coverage by rooted aquatic plants. As used in this chapter, lake does not include embankment reservoirs.
"Landscape architect" means an individual licensed by the state to practice landscape architecture and to use the title, landscape architect.
"Land use permit" means a ministerial or discretionary permit or approval granted by the county pursuant to the zoning code to use a specific site for a particular purpose.
"Licensed professional" means an architect, civil engineer, landscape architect, professional geologist, or registered professional forester.
"Local coastal program" means the Sonoma County local coastal program.
"Ministerial permit application" means any permit application except one (1) that includes a request pursuant to Section 11-13(d) for relief from the standards in this chapter.
"Natural slope" means the slope of the ground prior to any soil disturbance. Natural slope shall be determined by measuring the horizontal distance between adjacent contours on a USGS 7.5 minute quadrangle map or other topographic map acceptable to the county with a scale of not less than 1:24000 (1"=2000') and contour intervals of not more than twenty (20) feet, and then dividing the difference in elevation between the two (2) contours by the measured horizontal distance. The horizontal distance shall be measured perpendicular to the contours.
"Non-rainy season" means the period of the year during which there is not a substantial chance of rainfall. For the purposes of this chapter, the non-rainy season is defined as starting on April 16 and ending on October 14, inclusive.
"Orchard" means a planting of fruit- or nut-bearing trees. Land devoted to the cultivation of such a planting.
"Orchard planting" means the planting of a new orchard or the expansion of the footprint of an existing orchard.
"Orchard replanting" means the replanting of an existing orchard where the footprint of the orchard does not change.
"Orchard site development" means initial land preparation work or final land preparation and planting work or both for orchard planting or replanting.
"Permit application" means an application for a permit required by this chapter.
"Permit authority" means the individual identified by Table 11-4 as having the responsibility and authority to review, and approve or deny the permit applications described in this chapter.
"Permit Authority's Best Management Practices Guide" means the best management practices guide for grading, drainage improvement, and vineyard and orchard site development prepared by the director of permit and resource management and the agricultural commissioner. The guide shall reference or detail only fixed standards and objective measurements that do not require the exercise of discretion by the director of permit and resource management or the agricultural commissioner, and do not conflict with the provisions of this chapter.
"Permittee" means the person to whom a grading, drainage, or vineyard and orchard site development permit is issued.
"Person" means any individual, firm, partnership, corporation, company, association, joint stock association; state, tribe, county, city, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.
"Planting area" means the land area subject to a vineyard or orchard planting.
"Pond" means a still, freshwater body that is smaller than a lake and often manmade. A pond can provide water for livestock, fish and wildlife, recreation, fire control, crop and orchard watering, and other related uses. As used in this chapter, pond does not include embankment reservoirs.
"Professional geologist" means an individual registered by the state to practice geology and to use the title, professional geologist.
"Rainy season" means the period of the year during which there is a substantial chance of rainfall. For the purposes of this chapter, the rainy season is defined as starting on October 15 and ending on April 15, inclusive.
"Registered environmental health specialist" means an individual registered by the state to practice as an environmental health specialist and to use the title, registered environmental health specialist.
"Registered professional forester" means an individual licensed by the state to practice forestry and to use the title, registered professional forester.
"Replanting area" means the land area subject to a vineyard or orchard replanting.
"Reservoir" means an impounded body of water.
"Routine agricultural cultivation activity" means clearing, grubbing, stripping, ripping, plowing, disking, harrowing, tilling, land planing no greater than three (3) feet in depth, and similar activities for agricultural cultivation.
"SCWA Flood Control Design Criteria" means the Flood Control Design Criteria Manual for Waterways, Channels, and Closed Conduits, Sonoma County Water Agency, latest edition.
"Slope" means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., 2:1) or as a percentage (e.g., fifty percent (50%).
"Site" means any lot or parcel of land or contiguous combination thereof where grading, drainage improvement, or vineyard or orchard site development is performed or permitted.
"Site clearing" means any removal of vegetative ground cover that results in disturbance of soils, or any removal of existing agricultural plants, vines, or trees.
"Soil amendment and fertilizing materials" means organic and in-organic substances applied to the existing soil to improve physical properties of the soil or increase available nutrients in the soil. As used in this chapter, soil amendment and fertilizing materials include commercial fertilizers, agricultural minerals such as gypsum and lime, pumice, straw, and manure.
"Soil disturbance" means any alteration to the natural surface of the ground through the use of construction equipment, tractors, and similar equipment.
"Soil loss" means the wearing away of the ground surface as a result of the movement of wind, water, or ice.
"Soils engineer" means a civil engineer experienced and knowledgeable in the practice of soils engineering.
"Soils 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.
"Soils report" means a soils report prepared by a soils engineer, which identifies the nature and distribution of existing soils; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology.
"Special flood hazard area" means any area designated by the Federal Emergency Management Agency as subject to flooding by the one (1) percent annual chance flood (one hundred (100) year flood).
"Spillway Design Flood. See the California Division of Safety of Dams Guidelines for Small Dams.
"State CEQA Guidelines" means the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, commencing with Section 15000.
"Storm water" means any storm water runoff, snow melt runoff, and surface runoff.
"Storm Water Best Management Practice. See best management practice.
"Stream" means any natural channel with bed and banks containing flowing water or showing evidence of having contained flowing water (e.g., deposit of rock, sand, gravel, or soil).
"Terrace" means a relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.
Timber Operations. See Public Resources Code Section 4527.
"Top of bank" means the points in a cross-section where the stream channel makes a transition to flood plain. Top of bank can be identified by a change in the slope of the land, a transition from terrestrial to riparian vegetation, and/or changes in the composition of substrate materials.
"Tribe" means a California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.
"USGS 7.5 Minute Quadrangle Map" means the 7.5 minute series United States Geological Survey quadrangle map most recently published.
"Vegetative filter strip" means a land area seeded to close growing or sod forming grasses, designed to filter out soil and other pollutants carried in storm water or waste water.
"Vineyard" means a planting of grapevines. Land devoted to the cultivation of such a planting.
"Vineyard planting" means the planting of a new vineyard or the expansion of the footprint of an existing vineyard.
"Vineyard replanting" means the replanting of an existing vineyard where the footprint of the vineyard does not change.
"Vineyard site development" means initial land preparation work or final land preparation and planting work or both for vineyard planting or replanting.
"Watercourse" means any stream, or any manmade channel constructed to facilitate the use of water or convey storm water.
"Wetlands" means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands must have one (1) or more of the following three (3) attributes in the coastal zone, and two (2) or more of the following three (3) attributes in all other parts of the unincorporated area of the county:
"Wetlands biologist" means a biologist experienced and knowledgeable in the delineation of wetlands in California using applicable federal, state, and local criteria.
"Zoning Code" means Chapters 26 and 26C of this code.
(Ord. No. 5891, § 7, 12-9-2008.)