Article III — DEFINITIONS

4.1

For the purposes of consistency and precision in the interpretation of this Chapter, words and phrases used in this Ordinance shall be defined as follows:

(a)

DEFINITIONS (A)

Acre foot: A unit used to measure volumes of water. One (1) acre-foot is the volume of water sufficient to cover an acre of land to a depth of one (1) foot, = forty-three thousand five hundred sixty (43,560) cubic feet, approximately three hundred twenty-five thousand eight hundred fifty-one (325,851) U.S. gallons (approximately 1,233.48 cubic meters).

Administrative Official: The Director of the Community Development Department or his/her designee.

Agriculture: Any activity or operation, which shall include, but not be limited to, the cultivation and tillage of the soil; dairying; the production, cultivation, growing, and harvesting of any agricultural commodity

including timber, viticulture, apiculture, or horticulture; the raising of livestock, fur bearing animals, fish, or poultry; and any practices performed by a farmer or on a farm as incidental to or in conjunction with those farming operations, including: preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

Agricultural grading: Grading for agriculture including construction of an agricultural pond, agricultural road, or irrigation system.

Agricultural road: A road primarily used for operations that are located within or immediately adjacent to a field, pasture or crop area. Excluded are roads designed primarily to connect facilities or for residential use.

Alley: A narrow street or thoroughfare through the middle of a block giving access to the rear of lots or buildings.

Archaeological resources: The physical evidences of past human activity, including evidences of the effects of that activity on the environment. What makes archeological resources significant are their identity, age, location, and context in conjunction with their capacity to reveal information through the investigatory research designs, methods, and techniques used by archaeologists.

Asbestos or asbestos minerals: Any of several silicate asbestos form minerals including the following hydrated minerals: chryotile (fibrous serpentine), crocidolite (fibrous riebeckite), amosite (fibrous cummingtonite-grunertie), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. Asbestos is a known carcinogen and is considered a hazardous air pollutant.

Asbestos Dust Mitigation Plan: Lake County Air Quality Management District approved dust control plan that specifies and describes equipment to be used and procedures and practices to be followed in order to minimize the creation and dispersal of airborne dust in Naturally Occurring Asbestos (NOA) areas in order to minimize public exposure and assure compliance with District Rules and/or California State Asbestos Air Toxic Control Measures.

Authorization: Action taken by the Department when the proposed or completed work conforms to this Chapter.

(b)

DEFINITIONS (B)

Bench: A relatively level step excavated into earth material.

Berm: A relatively narrow, man-made ledge or bench built along an embankment to break the continuity of the slope for the purpose of directing the drainage away from the slope.

Best Management Practice (BMP): Schedule of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or minimize air and water pollution.

Borrow: Earth material acquired from an on-site location for use in grading on a site.

Building footprint: That part of a building site to be occupied by the structure itself, plus a perimeter consisting of the minimum width needed, as determined by the Administrative Official, to effectuate construction without resulting in increased erosion. Such perimeter shall extend outward to a maximum distance of ten (10) feet from any portion of that structure.

(c)

DEFINITIONS (C)

Cal NAGPRA: California Native American Graves Protection and Repatriation Act. A law that provides a process for the return of certain Native American cultural items.

California Natural Diversity Database (CNDDB): A database maintained by the California Department of Fish and Game that provides natural history and location information on rare, threatened, endangered, and special status species and natural communities to the public, other agencies, and conservation organizations.

Categorical Exemption: An exemption from CEQA for a class of projects based on a finding by the Secretary for Resources that the class of projects does not have a significant effect on the environment.

CEQA: California Environmental Quality Act, Public Resources Code Sections 21000 et seq.

Check dam: A structure built across a watercourse to trap sediment and slow erosion.

Civil engineer: A professional engineer registered in the state of California to practice in the field of civil works.

Civil engineering: The application of the knowledge of the forces of nature, principals of mechanics and the properties of materials to the evaluation, design and construction of civil works.

Clearing: The mechanical removal of vegetation resulting in the removal of the root structures. For the purposes of this Ordinance, the formula used to calculate grading permit fees for clearing shall be based upon the square-footage of the area cleared, multiplied by one-half (0.5) (six (6) inches depth).

Code: The Lake County Ordinance Code.

Compaction: The process by which the soil grains are rearranged to decrease void space and bring them into closer contact with one another, thereby increasing the bulk density.

County: The County of Lake

Cultural resources site: The location of past cultural activity; a defined space with more or less continuous archaeological evidence. The location of a significant event, a prehistoric or historic operation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historical, cultural, or archaeological value regardless of the value of any existing structure.

Cut: An excavation. The difference between a point on the original ground level and a designated point of lower elevation on the final grade.

(d)

DEFINITIONS (D)

Dam: An earthen, concrete, or stone wall to confine a flow of water, such as a stream, and raise its level.

Department: The Lake County Community Development Department.

Development permit: A discretionary land use permit issued pursuant to the Lake County Zoning Ordinance, Chapter 21 of the Lake County Code.

Drainage course (drainage channel, drainage facility): Any topographic depression, watercourse, or natural or manmade channel or structure (including berms, waterbars, culverts, ditches, etc.) which conveys or receives excess surface water, including ephemeral, intermittent (seasonal) or perennial (year around) runoff.

Driveway: A private access for vehicles located in a single parcel, excepting that "driveway" also includes shared, reciprocal access along both sides of a common property boundary serving no more than two (2) adjoining parcels.

(e)

DEFINITIONS (E)

Earth material: Any rock, natural soil or fill or any combination thereof.

Emergency: An occurrence or disaster where typically the forces are beyond the control of the owner, demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

Engineering geologist (Certified Engineering Geologist): A geologist licensed and authorized by the State of California to use the title Certified Engineering Geologist.

Engineering geology: The application of geologic knowledge and principals in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Environmental Impact Report (EIR): A detailed statement prepared pursuant to CEQA describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

Ephemeral stream: A stream or part of a stream that flows only in direct response to precipitation or snowmelt. Its channel is above the water table at all times.

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

Erosion Hazard Rating (EHR): A measure of susceptibility of soils to erosion by raindrop impact and surface runoff, shown on soil map units, as determined by the Natural Resources Conservation Service in collaboration with the Lake County Community Development Department and based on data from the Lake County Soil Survey; or if a qualified professional chooses to use alternative methodologies for measurement of the Erosion Hazard Rating that are approved by the Department.

Excavation: The mechanical removal of earth material.

Existing: Unless otherwise specified, that which was legally in place, constructed or under construction, or approved for placement or construction, prior to the effective date of this Chapter, or that which was thereafter placed or constructed in conformance with this Chapter.

Exploratory excavation: A geotechnical investigation for planning and design purposes which does not exceed an area of four hundred (400) square feet or exceed fifty (50) cubic yards.

(f)

DEFINITIONS (F)

FEMA: Federal Emergency Management Agency.

FEMA-mapped floodplain: Those areas mapped to be susceptible to flooding during a one (1) percent chance flood event, see definition "Special Flood Hazard Area" in Chapter 25 of the Lake County Code.

FEMA-mapped floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot, see definition "Floodway" in Chapter 25 of the Lake County Code.

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

Fill: The deposit of earth or man-made material placed by artificial means.

Firebreak: Clearing of vegetation for the sole purpose of preventing the spread of fire and does not include roads or driveways.

(g)

DEFINITIONS (G)

General Plan: The Lake County General Plan.

Geologist (Registered Geologist): A geologist licensed and authorized by the State of California to use the title Registered Geologist.

Geotechnical engineer: See "Soils engineer."

Grade: The vertical location of the ground surface.

4.1

Existing Grade: The grade prior to grading.

4.2

Finish Grade: The final grade of the site that conforms to the approved plan.

4.3

Natural Grade: The grade prior to any earth disturbance

4.4

Rough Grade: The stage at which the grade approximately conforms to the approved plan.

Grading: Any mechanical excavating, clearing, filling or combination thereof.

Grading Season: The period between April 15 and October 15 unless otherwise adjusted according to weather and soil conditions, at the discretion of the Administrative Official. This term describes when grading activities are permitted.

Grazing: The consumption of standing forage (edible grasses, forbs and browse) by livestock or wildlife.

Grubbing: The removal of stumps and root systems from the soil.

(h)

DEFINITIONS (H)

High water mark: That line on the shore established by the fluctuations of water and indicated by physical characteristics such as clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. The high water mark of Clear Lake is 7.79 Rumsey as defined in the Clear Lake Shoreline Ordinance, Chapter 23 of the Lake County Code.

Historical resource: Includes, but is not limited to, any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic agricultural, educational, social, political, military, or cultural annals of California.

(i)

DEFINITIONS (I)

Initial Study: A preliminary analysis prepared by the lead agency pursuant to CEQA to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR.

Interceptor drain: A gravel trench that is excavated into a relatively impermeable soil layer and installed to collect and remove groundwater as it flows across the impermeable layer.

(j)

DEFINITIONS (J) (Reserved)

(k)

DEFINITIONS (K) (Reserved)

(l)

DEFINITIONS (L)

Lake: A permanent natural body of water, or an artificially impounded publicly owned body of water, isolated from the sea, with at least one-half (0.5) acre of open water of sufficient depth and permanency to prevent complete coverage by rooted aquatic plants.

Lead Agency: The public agency that has the principal responsibility for carrying out or approving a project. The lead agency will decide whether an EIR or negative declaration will be required for the project and will cause the document to be prepared.

(m)

DEFINITIONS (M)

Mitigated Negative Declaration: A negative declaration prepared for a project when the initial study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment.

(n)

DEFINITIONS (N)

Native American: Of, or relating to, a tribe, people, or culture that is indigenous to the United States.

Negative Declaration: A written statement by the lead agency briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and therefore does not require the preparation of an EIR.

Natural Resources Conservation Service (NRCS): The division of the United States Department of Agriculture formerly named the Soil Conservation Service.

Naturally Occurring Asbestos (NOA): Geologic deposits or naturally occurring earth materials including rock and soils with an asbestos concentration of one-quarter (0.25) percent or greater as determined by approved test methods or as shown on the Ultramafic and Serpentine Rock and Soils Map for Lake County.

Naturally Occurring Asbestos (NOA) Area: A geographic area mapped on the Ultramafic and Serpentine Rock and Soils Map for Lake County as containing ultramafic rocks, ultrabasic rocks, serpentine, or soils derived from those materials, or any other area where NOA has been identified in the rocks or soil, unless the Air Pollution Control Officer (APCO) has granted an exemption in response to a geologic evaluation as provided for in the asbestos Air Toxics Control Measures (ATCM).

Notice of Determination: A brief notice to be filed by a public agency after it approves or determines to carry out a project which is subject to the requirements of CEQA.

North West Information Center (NWIC): An arm of the State Office of Historic Preservation that maintains the official inventory of known archaeological and historical sites.

(o)

DEFINITIONS (O) (Reserved)

(p)

DEFINITIONS (P)

Percent slope: The elevation change in feet, measured perpendicular to the contours on the land, divided by the horizontal distance in feet multiplied by one hundred (100).

Permittee: Any person to whom a permit is issued pursuant to this Chapter.

Person: Any individual, firm, association, organization, partnership, business, trust, corporation, limited liability company, company, or local agency.

Pond: 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, or is used to maintain or improve water quality.

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

(q)

DEFINITIONS (Q)

Qualified Professional: An individual who is educated, trained and experienced in the subject matter to the satisfaction of the Department.

(r)

DEFINITIONS (R)

Rangeland: Uncultivated grasslands, shrublands, or forested lands with an herbaceous and /or shrubby understory producing forage for grazing or browsing. Rangeland may be native or seeded.

Reservoir: An "excavated pond" or an "embankment pond" usually for the purpose of storing water.

Revegetation: Mulching, seeding, and the planting of grasses, wildflowers, forbs, shrubs and/or trees until permanent establishment is achieved.

Riparian vegetation: Vegetation that is present on the banks of a watercourse or on the shore of a lake.

Riprap: Rock or other suitable material placed to prevent or reduce erosion.

Road: A permanently reserved, public or private right-of-way which affords a principal means of vehicular access to abutting or adjacent property, not including alleys or driveways as defined herein. The service or frontage road of a freeway shall be considered as a street separate from such freeway or highway.

(s)

DEFINITIONS (S)

Sediment: Organic or inorganic material that is carried by or suspended in water and that settles out to form deposits.

Serpentine: Any form of hydrous magnesium silicate minerals including, but not limited to, antigorite, lizardite, and chrysotile.

Serpentine material: Any material that contains at least ten percent (10) percent serpentine.

Shall: That which is obligatory or necessary.

Should: Signifies a directive to be honored if at all possible.

Slope: An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

Soil: The unconsolidated mineral and/or organic matter on the surface of the earth that has been subjected to and shows effects of geologic and environmental factors.

Soils engineer (Geotechnical engineer): An engineer or geotechnical engineer authorized by the State of California to use the title Soils Engineer or Geotechnical Engineer.

Soils engineering (Geotechnical engineering): The application of the principles of soil 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.

Stable woody root system: Roots greater than one and one-half (1½) inches in diameter, measured at a depth of twelve (12) inches, of perennial plants that are permanent, grow each year, and do not die back.

Standards: Rules or measures establishing a level of quality or quantity that must be complied with or satisfied.

Storm Water Pollution Prevention Plan (SWPPP): Required for compliance with the Storm Water Discharge General Permit for Construction Activity administered by the State Water Resources Control Board and the Regional Water Quality Control Board. The SWPPP specifies BMPs that will be used onsite to prevent construction pollutants from contacting storm water and to prevent polluted storm water discharges.

Storm water runoff: Surplus surface water generated by rainfall that does not seep into the earth but flows overland to flowing or stagnant bodies of water.

Swale: A depression in generally level ground primarily used to carry water, such as a drainage swale.

(t)

DEFINITIONS (T)

Terrace: A relatively level step in the face of a graded slope surface typically for drainage and maintenance purposes.

Topsoil: The uppermost part of the soil, ordinarily moved in tillage, or its equivalent in uncultivated soils and ranging in depth from seven (7) to twenty-five (25) cm. Frequently designated as the plow layer, the surface layer, the Ap layer, or the Ap horizon.

Tribe: Any tribe, band, nation, or other organized group or community of Indians which is recognized as eligible for the special programs and services provided by the United States to Indians.

(u)

DEFINITIONS (U)

Ultramafic rock: An igneous rock composed of ninety (90) percent or greater of one (1) or more of the following iron/magnesium-rich, dark colored silicate minerals: olivine, pyroxene, or more rarely amphibole. "Ultramafic rock" includes the following rock types: pyroxenite, peridotite, and their metamorphic derivatives.

(v)

DEFINITIONS (V)

Vernal pool: Seasonally flooded depression found on soils with an impermeable layer such as hardpan, claypan, or volcanic basalts. While the pools are shallow enough to dry up each season, the unique soil characteristics allow water to remain in pools longer than surrounding uplands. Plant and animal life within these pools is characterized by species specifically adapted to the cycles of wetting and drying.

(w)

DEFINITIONS (W)

Watercourse: Any well defined channel with distinguishable bed and bank showing evidence of having contained flowing water, indicated by deposit of rock, sand, gravel or soil, which conveys or receives surface water, including any rain runoff and shows evidence of being capable of sediment transport to another watercourse or lake.

Watercourse classification:

2.1

"Class I Watercourse" A perennial, seasonal or intermittent stream in which fish are always or seasonally present or where there exists habitat to sustain fish migration and spawning.

2.2

"Class II Watercourse" A perennial, seasonal or intermittent stream in which there are no fish present but there is habitat for aquatic non-fish invertebrates or benthic macro-invertebrates.

2.3

"Class III Watercourse" An intermittent or ephemeral watercourse having a defined bank and channel and a width to depth ratio of five to one (5:1) or less and shows evidence of annual scour and sediment transport.

2.4

"Class IV Watercourse" Completely man-made watercourses such as roadside ditches, agricultural drainage ditches, and canals. If the man-made watercourse provides fish habitat or migration, it shall not be considered class IV but shall be treated as a class II watercourse.

Wetland: Area inundated or saturated by surface water or groundwater with frequency and duration sufficient to support, and that normally does support, hydrophytic vegetation. Wetlands generally include

swamps, marshes, bogs, and similar areas.

Winter Period: That time of year between October 15 and April 15, unless otherwise adjusted according to weather and soil conditions, at the discretion of the Administrative Official.

(x)

DEFINITIONS (X) (Reserved)

(y)

DEFINITIONS (Y) (Reserved)

(z)

DEFINITIONS (Z) (Reserved)

(Ord. No. 2830, § 1, 7-17-2007)