§ 9-1-116.1. Coastal zone definitions.

The following definitions shall apply to all areas within the coastal zone. In case of a conflict between the definitions contained in this section and those contained in subarticle 14 of this code, the definitions contained in this section shall prevail within the coastal zone.

Aggrieved person means any person who, in person or through a representative, appeared at a public hearing regarding a coastal development permit; or who, prior to action on a coastal development permit, informed the city in writing of his concerns about an application for such permit; or who for good cause was unable to do either and objects to the action taken on such permit and wishes to appeal such action to a higher authority.

Appealable development means any coastal development permit application that may be appealed to the state coastal commission pursuant to the Coastal Act of 1976, as amended.

Certified local coastal program means a plan for the use of property within the coastal zone, together with the zoning ordinance, zoning district maps and other necessary implementing actions, which has been adopted by the city and certified by the state coastal commission pursuant to the public resources code.

Coastal bluff means:

(1)

Any bluff where the toe of the slope is now or within the past 200 years has been subject to marine erosion.

(2)

Any bluff where the toe of the slope is not now or was not historically subject to marine erosion, but the toe of which lies within an area otherwise identified in public resources code section 30603(a)(1) or (a)(2).

Coastal commission means the state coastal commission established pursuant to the California Coastal Act (public resources code § 30000 et seq.).

Coastal development permit means a permit issued by the city or the Coastal Commission which is an approval of a use subject to the provisions of this section 9-1-116 and the Coastal Act.

Coastal zone means that area of land and water extending seaward to the state's outer limit of jurisdiction and within the city specified on a coastal zone map adopted by the state legislature as adjusted by the coastal commission pursuant to the requirements of the California Coastal Act.

Decision-making authority means any person, committee, commission or board authorized by the applicable zoning or specific plan regulations, or by the provisions of this section, to approve, conditionally approve or disapprove a coastal development permit application or project.

Development means, on land, or 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, 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.

Development project means any of the uses, activities or structures listed under the definition of "development" in this section when carried out, undertaken or established individually or independently of any other such use, activity or structure; or any group or combination of the listed uses, activities or structures which combine to form or are a component part of an integrated project.

Energy facility means any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other source of energy.

Estuary means all areas within the mean high tide line of any coastal water body subject to tidal action, usually semi-enclosed by land, having open, partially obstructed or intermittent exchange with the open sea and in which ocean water is at least occasionally diluted by freshwater runoff from the land.

First public road paralleling the sea.

(1)

First public road paralleling the sea means the inland right-of-way line of that street or highway nearest to the sea which is generally parallel to the sea and which:

a.

Is lawfully open and suitable for uninterrupted use by the public;

b.

Is maintained by a public agency;

c.

Is an improved all-weather road open to motor vehicle traffic in at least one direction;

d.

Is not subject to any restrictions on use by the public except during an emergency or for military purposes; and

e.

Connects with other public roads providing a continuous access system and generally parallels and follows the shoreline of the sea so as to include all portions of the sea where the physical features such as bays, lagoons, estuaries and wetlands cause the waters of the sea to extend landward of the generally continuous coastline.

(2)

Whenever no public road can be designated which conforms to all provisions of subsections (1) a. through e. of this definition, and a public road does exist which conforms to all provisions of subsections (1) a. through d. of this definition, the effect of designating the first public road paralleling the sea shall be limited to the following:

a.

All parcels between the Pacific Ocean and such other public road; and

b.

Those parcels immediately adjacent to the sea and inland of such other public road.

Inland extent of the beach means the rocky shoreline to the toe of the bluff, and all wet and dry sand area to the seaward vegetation line, to the toe of the bluff, or to a linear feature such as a seawall, a road or other permanent structures.

Local coastal program. See "Certified local coastal program."

Major energy facility means any energy facility exceeding $50,000.00, or such minimum as may be adopted by the state, in actual or estimated cost of construction.

Major public works project means any public works project exceeding $50,000.00, or such other minimum as may be adopted by the state, in actual or estimated cost of construction.

Person means any individual, organization, partnership or other business association or corporation, including any utility and any federal, state or local government or special district, or an agency thereof.

Principal permitted use means the permitted main use that is designated specifically in the zoning district or specific plan regulation district of each specific certified local coastal program segment.

Public trust lands means all lands subject to the Common Law Public Trust for commerce, navigation, fisheries, recreation and other public purposes, including tidelands, submerged lands, beds of navigable lakes and rivers, and historic tidelands and submerged lands that are presently filled or reclaimed and which were subject to the public trust at any time.

Public works means:

(1)

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.

(2)

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

(3)

All publicly financed recreational facilities, all projects of the state coastal conservancy, and any development by a special district.

(4)

All community college facilities.

Sea means 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 nonestuarine rivers, streams, tributaries, creeks and flood control and drainage channels.

Stream means a natural watercourse identified as a stream on a map adopted pursuant to a certified local coastal program, or as designated by a solid line or a ________... symbol on the USGS 7.5 minute quadrangle series map. The bank of the stream shall be defined as the watershed and relatively permanent elevation or acclivity at the outer line of the stream channel which separates the bed from the adjacent upland, whether valley or hill, and serves to confine the water within the bed and to preserve the course of the stream. In areas where the stream has no discernible bank, the boundary shall be measured from the line closest to the stream where riparian vegetation is permanently established. Channelized streams not having significant habitat value should not be considered.

Structure includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.

Submerged lands means lands which lie below the line of mean low tide.

Tidelands means lands which are located between the line of mean high tide and mean low tide.

Wetland means lands within the coastal zone which may be covered periodically or permanently with shallow water, including saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mud flats and fens.

(Ord. No. 99-107, § 5, 2-2-99)