For purposes of this chapter, the following words shall have the following meanings. In the event of a conflict between the definitions of chapter 16 and this chapter, the definitions provided in this section shall have priority with respect to matters related to the coastal zone of Oxnard.
(1) ABUTTING LAND - A parcel of land having a common property line with another parcel.
(2) ACCESS, LATERAL - An area of land providing public access along the shoreline.
(3) ACCESS, VERTICAL - An area of land providing a connection between the first public road or use area nearest the sea and the publicly owned tidelands or established lateral accessway.
(4) ACCESSORY BUILDING OR STRUCTURE - A detached building or structure containing no kitchen or cooking facilities, and located upon the same lot as the building use to which it is accessory, and the use of which is customarily incidental, appropriate and subordinate to the use of the principal building, or to the principal use of the land.
(5) ACCESSORY USE - A use customarily incidental, appropriate and subordinate to the principal use of land or buildings located on the same lot.
(6) ADULT DAY CARE FACILITY - A State-licensed facility that provides less than 24-hour per day care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals.
(7) APPEALABLE DEVELOPMENT - In accordance with Cal. Pub. Res. Code, Section 30603(2), any of the following shall constitute an appealable development:
(a) Developments approved by the city which are located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance;
(b) Developments approved by the city not included within subdivision (1) of this section, located in tidelands, submerged lands, or public trust lands, any of which are within 100 feet of any wetland, estuary or stream; and
(c) Any development which constitutes a major public works project or a major energy facility. The phrase “major public works project or a major energy facility,” as used in Cal. Pub. Res. Code, Section 30603(a)(5) and in this chapter shall mean any proposed public works project, as defined by Cal. Code of Regulations, Title 14, Division 5.5, Coastal Commission Regulations Section 13012, or energy facility, as defined by Cal. Pub. Res. Code, Section 30107.
(8) APPROVING AUTHORITY - The city officer, planning commission or city council approving a coastal development permit.
(9) CATEGORICALLY EXCLUDED DEVELOPMENT - A development which the coastal commission has determined pursuant to Cal. Pub. Res. Code, Section 30610(e) to have no potential for significant adverse environmental effects.
(10) CHILD CARE CENTER - A State-licensed child care facility other than a family day care home, in which less than 24-hour per day nonmedical care and supervision is provided in a group setting for children.
(11) COASTAL COMMISSION - The California Coastal Commission.
(12) COASTAL DEPENDENT DEVELOPMENT OR USE - Any development or use which requires a location on, or adjacent to, the sea to be able to function at all.
(13) COASTAL DEPENDENT RECREATION - Activities which require a coastal location in order to occur (e.g., ocean swimming, surfing, scuba diving, fishing, boating, beach activities and nature study).
(14) COASTAL LAND USE PLAN - Maps and text which indicate the kinds, location and intensity of land uses, and including resource protection and development policies.
(15) COASTAL-RELATED DEVELOPMENT OR USE - Any development or use that is associated by both proximity to and dependence on coastal dependent development or use.
(16) COASTAL-RELATED RECREATION - Activities which are popular in coastal locations but also occur inland (e.g., picnicking, bicycling, walking, jogging, and camping).
(17) COASTAL ZONE - That portion of the land and water area of the city shown on the official land use maps of the certified Oxnard coastal land use plan, as defined by the coastal zone maps adopted by the Coastal Commission.
(18) COMMISSION - The planning commission of the city.
(19) COMMUNITY CARE FACILITY - A State-licensed facility maintained and operated to provide nonmedical residential care, day treatment, adult day care, or foster family agency services for children and/or adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, as further defined in Section 1502 of the Cal. Health and Safety Code.
(20) CONGREGATE LIVING HEALTH FACILITY - A State-licensed residential home with a non-institutional home-like environment that provides 24-hour medical supervision and skilled nursing with services for persons who are physically disabled, have a diagnosis of terminal illness, or are catastrophically and severely disabled, as further defined in Cal. Health and Safety Code Section 1250.
(21) CUMULATIVE EFFECT - The incremental effects of an individual project to be reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.
(22) DEVELOPMENT - Pursuant to Cal. Pub. Res. Code Section 30106, the placement or erection of any solid material or structure in or under water; 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 Cal. Gov't Code, Section 66410, 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 any major vegetation other than for agricultural purposes, and kelp harvesting. As used in this section, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
(23) DECISION, MINISTERIAL - Decisions approved by a decision-making authority based upon a given state of facts in a prescribed manner in obedience to the mandate of legal authority. In such cases, the authority must act upon the given facts without regard to its own judgment or opinion concerning the propriety or wisdom of the act although the statute, ordinance or regulation may require, in some degree, a construction of its language by the decision-making authority. In summary, a ministerial decision involves only the use of fixed standards or objective measurements without personal judgment. Examples of ministerial decisions made by the director are development review permits, zone clearances, and sign permits.
(24) DIRECTOR - The development services director of the city.
(25) ENERGY FACILITY - Any public or private processing, producing, generating, storing, transmitting or recovering facility for electricity, natural gas, petroleum, coal or other sources of energy.
(26) ENVIRONMENTALLY SENSITIVE HABITAT AREA - Any area, as identified by the Oxnard coastal land use plan, in which plant or animal life or their habitats are rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and development.
(27) FEASIBLE - Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.
(28) FILL - Earth or any other substance or material including pilings placed in a submerged area for the purpose of erecting structures thereon.
(29) FIRST PUBLIC ROAD PARALLELING THE SEA - The nearest road to the sea that is dedicated and suitable for public use and that connects with another public road providing a continuous access system paralleling the shoreline.
(30) LARGE FAMILY DAY CARE HOME - A State-licensed facility that provides care, protection and supervision for seven to 14 children in the provider's own home for periods less than 24 hours per day, as further defined in Cal. Health and Safety Code Section 1596.78.
(31) LATERAL ACCESSWAYS - Areas of land to be used for public pass and repass, passive recreational use or as otherwise designated in the Oxnard land use plan.
(32) LOCAL COASTAL PROGRAM (LCP) - The city's:
(a) Land use plans (including maps and texts);
(b) Zoning ordinances;
(c) Zoning district maps; and
(d) Other implementing actions required by the coastal act.
(33) MEAN HIGH TIDE LINE - High watermark of the Pacific Ocean, which is the normal or average inland extent of tidal action, as officially determined by the State Lands Commission.
(34) PRIME AGRICULTURAL LAND - Those lands defined in Cal. Gov't Code, Section 51201.
(35) PUBLIC WORKS -
(a) All production, storage, transmission, and recovery facilities for water, sewage, 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 stations, 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; and
(d) All community college facilities.
(36) RECREATION, ACTIVE - Recreational activities of a group nature, such as team sports, which require permanent aboveground improvements, such as campgrounds, recreational vehicle parking, restrooms and picnic tables.
(37) RECREATION, PASSIVE - Recreational activities of an individual nature, such as sunbathing, walking, hiking and nature study, which do not require permanent above ground improvements.
(38) RESIDENTIAL CARE FACILITY FOR THE ELDERLY - A housing arrangement of residents at least 60 years of age, where care and supervision are provided, as defined in Section 1569.2 of the Cal. Health and Safety Code.
(39) SEA - The Pacific Ocean and all harbors, bays, canals, channels, estuaries, salt marshes, sloughs and other areas subject to tidal action through any connection with the Pacific Ocean, excluding non-estuary rivers, streams, tributaries, creeks, flood control and drainage channels.
(40) SMALL RESIDENTIAL HEALTH OR CARE FACILITY - A facility licensed, authorized or certified by the State that provides nonmedical health or care services to six or fewer persons (except as otherwise provided herein), which State statutes identify as a residential use of property subject only to standards and restrictions applicable to other dwellings of the same type in the same zone, including but not limited to: a congregate living facility, as defined in Cal. Health and Safety Code Section 1250, having no more than six beds; an intermediate care facility/developmentally disabled habilitative, as defined in Cal. Health and Safety Code Section 1250, serving no more than six persons; an intermediate care facility/developmentally disabled-nursing, as defined in Cal. Health and Safety Code Section 1250, having no more than six beds; a State-licensed residential care facility, as defined in Cal. Health and Safety Code Section 1568.01, serving no more than six persons; a small family day care home serving no more than eight children, as defined in Cal. Health and Safety Code Section 1596.78; a pediatric day health and respite care facility, as defined in Cal. Health and Safety Code Section 1760.2, having no more than six beds; an alcoholism or drug abuse recovery or treatment facility, as defined in Cal. Health and Safety Code Section 11834.02, serving no more than six persons; and a State-authorized, certified or licensed family care home, foster home or group home providing care on a 24-hour a day basis to six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children, as referred to in Cal. Welfare and Institutions Code Section 5116.
(41) SPECIAL DISTRICT - Any public agency other than a local government formed pursuant to state statute for the purpose of performing local governmental or proprietary functions within limited boundaries. Special district includes but is not limited to a county or city service area, a maintenance district or area, an improvement district or improvement zone, or any other zone or area formed for the purpose of designating an area within which a special or additional property tax rate may be levied to pay for a service or improvement benefitting that area.
(42) TIMESHARE - A timeshare unit or project involves the marketing and sale of time segments of occupancy or ownership of dwelling units or commercial transient quarters (such as hotels or motel rooms). Such time segments consist of a period of occupancy of not less than one week or not greater than 30 days with the annual right to use extended over a specified period of time. A timeshare unit consists of at least 12 increments of ownership or rights-to-use per year.
(43) USE INAUGURATION - The use of land or structure in a manner consistent with the approved application specifying the intended use, including all conditions incorporated with project approval. Preparatory acts of engineering development or construction to that end do not constitute use inauguration.
(44) VERTICAL ACCESSWAY - Areas of land to be used for public pass and repass, passive recreation use or as otherwise designated in the Oxnard coastal land use plan.
(45) VISITOR-SERVING SERVICE AND SALES - Public and private developments that provide or accommodate food and service, including hotels, motels, campgrounds, restaurants and commercial recreational developments, such as shopping, eating and amusement areas for tourists.
(46) WETLANDS - These lands defined pursuant to Policy 9, Chapter 3 of the Oxnard coastal land use plan.
(`64 Code, Sec. 37-1.2.0) (Ord. No. 2034, 2122, 2671, 2716)