CHAPTER 2. Definitions [29100 - 29117]
( Chapter 2 added by Stats. 1977, Ch. 1155. )
Unless the context requires otherwise, the definitions set forth in this chapter govern the interpretation of this division.
(Added by Stats. 1977, Ch. 1155.)
“Suisun Marsh” or “marsh” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marshes, lowland grasslands, upland grasslands, and cultivated lands specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. It includes both the primary and secondary management areas as shown on the Suisun Marsh Protection Plan Map and includes the entire right-of-way of any state highway that is designated as a portion of the boundary of the marsh.
(Added by Stats. 1977, Ch. 1155.)
Notwithstanding Section 29101, “Suisun Marsh” does not include the real property described as follows:
Beginning at a point in the easterly line of Section 32, T5N R1W, M.D.B. & M., said point being the northeast corner of the lands now or formerly of J.B. Lemon; thence along the north line of said lands of Lemon S 88° 15´ W 840 feet to the north line of the Pacific Gas and Electric Company Tower Line; thence along said Tower Line N 38° 10´ W 350 feet to an angle point; thence S 83° 00´ W 2,020 feet; thence leaving said Tower Line N 42° W 450 feet; thence N 55° W 700 feet; thence N 75° W 540 feet; thence S 73° W 910 feet to the easterly line of Section 31, T5N, R1W, M.D.B. & M.; thence along said line N 1° 30´ W 1,060 feet to a point 915.00 feet, measured at right angles, south of the south right-of-way line of State Highway Route 12; thence parallel with said State Highway N 89° 30´ W 3,840 feet to the easterly line of Grizzly Island Road; thence along said easterly line N 2° 30´ W 981 feet to the northerly right-of-way line of State Highway Route 12; thence along said line S 89° 30´ E 3,825 feet to said easterly line of Section 31; thence continuing along said northerly line in an easterly and southeasterly direction to said easterly line of said Section 32; thence along said easterly line southerly to the point of beginning.
(Added by Stats. 1982, Ch. 1571, Sec. 5. Conditionally operative as prescribed by Sec. 6 of Ch. 1571.)
“Primary management area” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marsh, and lowland grassland specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.
(Added by Stats. 1977, Ch. 1155.)
“Secondary management area” means the upland grasslands, cultivated lands, and low-lying areas adjacent to the primary management area specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.
(Added by Stats. 1977, Ch. 1155.)
“Watershed” means the immediate watershed of the marsh upland from the secondary management area and located in the County of Solano, including those creeks, streams, channels, or other water areas in the County of Solano that are tributary to, or flow into, the marsh. “Creeks, streams, channels, or other water areas” includes areas that are riparian thereto.
(Added by Stats. 1977, Ch. 1155.)
“Managed wetland” means those diked areas in the marsh in which water inflow and outflow is artificially controlled or in which waterfowl food plants are cultivated, or both, to enhance habitat conditions for waterfowl and other water-associated birds, wildlife, or fish, regardless of whether such areas are used for hunting or fishing or nonconsumptive uses such as nature study, photography, and similar passive wildlife activities, or a combination of both such consumptive and nonconsumptive uses.
(Added by Stats. 1977, Ch. 1155.)
“Commission” means the San Francisco Bay Conservation and Development Commission created by Title 7.2 (commencing with Section 66600) of the Government Code.
(Added by Stats. 1977, Ch. 1155.)
“Department” means the Department of Fish and Game.
(Added by Stats. 1977, Ch. 1155.)
“County” means the County of Solano.
(Added by Stats. 1977, Ch. 1155.)
“Local government” means the County of Solano and the Cities of Suisun City, Fairfield, and Benicia.
(Added by Stats. 1977, Ch. 1155.)
“District” means any public agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “District” includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, a mosquito abatement district, a resource conservation district, an irrigation district, a reclamation district, a sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area.
(Added by Stats. 1977, Ch. 1155.)
“Local protection program” means those provisions of general or specific plans; ordinances; zoning district maps; land use regulations, procedures, or controls; or any other programs, procedures, standards, or controls that are adopted, undertaken, or carried out by local governments, districts, or the Solano County Local Agency Formation Commission in and adjacent to the marsh, are submitted by the county to the commission pursuant to Chapter 5 (commencing with Section 29400), and meet the requirements of, and implement, this division and the Suisun Marsh Protection Plan at the local level.
(Added by Stats. 1977, Ch. 1155.)
“Local protection program component” or “component” means a part of the local protection program that is prepared by or submitted to the county pursuant to Section 29411 or prepared by the Suisun Resource Conservation District pursuant to Section 29412.5 for inclusion in the local protection program.
(Added by Stats. 1977, Ch. 1155.)
(a) “Suisun Marsh Protection Plan” or “protection plan” means the Suisun Marsh Protection Plan prepared and adopted by the commission and submitted to the Governor and Legislature pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. The protection plan includes the Suisun Marsh Protection Plan Map and the Suisun Marsh Protection Plan Natural Factors Map prepared as a part of such plan.
(b) “Protection plan policies” or “policies of the protection plan” means the policies set forth in Part II (pages 10 to 29, inclusive) of the protection plan.
(Added by Stats. 1977, Ch. 1155.)
(a) “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 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 in 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.
(b) “Development” does not include either a change in the intensity of use of water or the removal or harvesting of major vegetation where such change, removal, or harvesting is to maintain or improve wildfowl habitat and does not have a significant, adverse effect on other fish and wildlife resources in the marsh.
(Added by Stats. 1977, Ch. 1155.)
“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.
(Added by Stats. 1977, Ch. 1155.)
“Permit” means any license, certificate, approval, or other entitlement for use granted or denied by any public agency which is subject to the provisions of this division.
(Added by Stats. 1977, Ch. 1155.)
(a) “Person” means any individual, organization, partnership, limited liability company, or other business association or corporation, including any utility; and the federal government, the state, any local government, or any district, or any agency thereof.
(b) “Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the local government in connection with the decision made or action appealed; or who, by other appropriate means prior to a hearing, informed the local government of the nature of his or her concerns; or who for good cause was unable to do either of the foregoing. “Aggrieved person” includes the applicant for a permit; and, with respect to the approval of the local protection program, or any component thereof, any affected local government.
(Amended by Stats. 1994, Ch. 1010, Sec. 216. Effective January 1, 1995.)