§ 18.108.030. Definitions.  


Latest version.
  • As used in this chapter:

    "Decorative landscaping" means vegetation, plantings, shrubs, trees and the like established and maintained in proximity to a residential structure, landscape structure or related access road for ornamental or aesthetic purposes. Decorative landscaping does not include agricultural crops established or maintained for commercial use.

    "Defensible space" means that area described in the Napa County Defensible Space Guidelines which is adjacent to each side of a building or structure and must be cleared of all brush, flammable vegetation, or combustible growth, subject however to the exceptions set forth in the Napa County Defensible Space Guidelines referenced in County Code Chapter 8.36.

    "Delineated wetland boundary" means precise edge of a wetland identified by a wetland delineation study or map.

    "Director" means the director of the planning department or the director's designee.

    "Drainage ditch" means a channel constructed solely for the purpose of providing drainage for agricultural use. A drainage ditch is not a stream as that term is defined in this section.

    "Driveway" means a privately owned and maintained access road connecting a parcel to a public or private roadway.

    "Earthmoving or earth-disturbing activity" means any activity that involves vegetation clearing, grading, excavation, compaction of the soil, or the creation of fills and embankments to prepare a site for the construction of roads, structures, landscaping, new planting, and other improvements (including agricultural roads, and vineyard avenues or tractor turnaround areas necessary for ongoing agricultural operations). It also means excavations, fills or grading which of themselves constitute engineered works or improvements.

    "Environmental Resources Mapping System" means a collection of printed maps, interactive GIS-based (geographic information system) computer maps, and the supporting data layers and related information maintained by Napa County delineating, among other things, environmental resources and hazards within the county.

    "Ephemeral" or "intermittent stream" means any natural channel with defined bed and banks containing flowing water or showing evidence of having contained flowing water, such as deposit of rock, sand, gravel, or soil, that does not meet the definition of "stream" in this chapter.

    "Erosion" means the wearing away of the ground surface as a result of the movement of wind or water.

    "Erosion hazard area" means those portions of parcels of land having slopes over five percent.

    "Failure" or "failed" with respect to an erosion control measure means that the measure has operated in the past or is expected to operate in the future in such a manner that erosion and/or resultant sedimentation have or will be increased above design rates or that flows exceed the capacity of the measure and bypassing has or will occur.

    "Grading" shall mean any stripping, cutting, filling, contouring, recontouring or stockpiling of earth or land, including the land in its cut or fill condition.

    "Habitat" means a physical area characterized by a unique assemblage of species that constitute the biotic community that utilizes and/or inhabits the area and which provides some subset of essential or preferred ecological and biological needs (i.e., reproduction, feeding/foraging, cover/shelter) for each of those species.

    "Habitat of limited distribution" means a vegetation type as delineated in the Napa County Environmental Resources Mapping System that covers less than approximately 0.1% of the county (i.e., 500 acres).

    "Hydrophilic vegetation" means vegetation that grows in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (i.e., plants typically found in wet habitats).

    "Improvement" means any man-made, immovable item which becomes part of, placed on, or affixed to, a parcel of land.

    "Land clearing" means the removal of tree canopy, understory or herbaceous vegetation down to bare soil, by any method.

    "Landscape structure" means a structure, object and/or feature for human use and enjoyment of the land associated with decorative landscaping in relationship to a residential structure, which does not require issuance of a ministerial or discretionary permit by the county.

    "Major storm event" means a two-year or larger storm (i.e., a storm with a fifty percent or less probability of occurring in any given year).

    "Municipal reservoir" or "sensitive domestic water supply" means any of the following: Kimball Reservoir; Rector Reservoir; Milliken Reservoir; Bell Canyon Reservoir; Lake Hennessey; Friesen Lakes; Lake Curry; and Lake Madigan.

    "NPDES program" means the runoff control requirements that earthmoving activities are subject to and administered by the planning department as outlined in the "Napa County Construction Site Runoff Control Requirements" adopted by the Napa County Board of Supervisors on December 12, 2006, or as may be amended, and the Napa Countywide Stormwater Pollution Prevention Program December 2014, or as may be amended.

    "One hundred-year storm" means a storm with a one percent probability of occurring in any given year.

    "Planning department" or "department" means the Planning, Building and Environmental Services Department.

    "Perpetual protective easement" means an easement preserving and conserving the preserved vegetation canopy cover and vegetation understory. The protective easement shall be dedicated to the county, a public agency or a qualified nonprofit organization approved by the county, and shall be in a form acceptable to county counsel and recorded prior to commencement of earthmoving activity.

    "Qualified professional biologist" means an individual possessing academic and professional experience in biological sciences and related resource management activities who is able to identify biotic resources and can recognize and is familiar with the habitats and behaviors of listed species that may be present in the county. The individual must have specialized skills and appropriate licenses/permits/certifications specific to the study being conducted (e.g., general botanical, wetland, and wildlife habitat knowledge for biotic resource and stream setback assessments, and certification by the U.S. Army Corps of Engineers in wetland delineation for wetland assessments and wetland delineation studies or maps).

    "Resolution" means any resolution duly adopted by the Napa County Board of Supervisors.

    "Riparian vegetation" means vegetation commonly occurring adjacent to or within streams and watercourses or along their banks including, but not limited to, such plants as willows, cottonwoods and their associated understory vegetation.

    "Sensitive domestic water supply drainage" means any of the following drainages as depicted on the sensitive domestic water supply drainages map(s) maintained and hereafter modified from time to time as necessary by the director:

    1.

    Kimball Reservoir drainage;

    2.

    Rector Reservoir drainage;

    3.

    Milliken Reservoir drainage;

    4.

    Bell Canyon Reservoir drainage;

    5.

    Lake Hennessey drainage;

    6.

    Friesen Lakes drainage;

    7.

    Lake Curry drainage; and

    8.

    Lake Madigan drainage.

    "Roadway" means any surface designed, improved or ordinarily used for vehicle travel that is either publicly owned and maintained, or privately owned and maintained, but dedicated for public use.

    "Shrublands vegetation" means areas where shrubs dominate, including chaparral, chenopod scrubs, coastal scrubs, and desert scrubs.

    "Slope" means the inclination of the terrain calculated in accordance with the methodology set forth in Resolution No. 94-19, which is incorporated herein by reference.

    "Special-status species" means plants and animals that are legally protected under the federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), or other federal, state or local regulations.

    "Stream" means any of the following:

    1.

    A watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey maps most recently published, or any replacement to that symbol;

    2.

    Any watercourse which has a well-defined channel with a depth greater than four feet and banks steeper than 3:1 and contains hydrophilic vegetation, riparian vegetation or woody vegetation including tree species greater than ten feet in height; and

    3.

    Those watercourses listed in Resolution No. 94-19 and incorporated herein by reference.

    "Structure" means anything which is built or constructed, or any piece of work artificially built up or composed of parts joined in some definite manner whether installed on, above, or below the surface of the land.

    "Track II vineyard replants" means vineyard replanting that meets the criteria of Sections 18.108.055(A), 18.108.080(D)(2)(a)(ii), and 18.108.090 of this chapter.

    "Vegetation canopy cover" means the biotic communities classified as oak woodland, riparian oak woodland, or coniferous forest based on the current Manual of California Vegetation (MCV) and as described in the Napa County Baseline Data Report (2005 or as amended).

    "Vegetation outboard dripline" means the furthermost edge of riparian vegetation, including the dripline of the canopy cover of woody vegetation of a stream visible on the latest edition of aerial photographs on file with the department or as determined by a field inspection conducted by the director.

    "Vegetation understory" means the biotic communities classified as chaparral/scrub, shrub land, grassland, rock outcrop or vegetated portions of wetlands based on the current Manual of California Vegetation (MCV) and as described in the Napa County Baseline Data Report (2005 or as amended).

    "Vineyard replanting" shall mean vine removal, ripping, recontouring or grading or any installation of erosion control measures and replanting of vines where the removal of vines began no more than six years prior to submittal of vineyard replanting program or erosion control plan to the department.

    "Watershed" means a defined region draining into a river, river system, or other body of water.

    "Wetland" means those areas that meet either the federal definition of wetlands, as set forth in 33 CFR § 328.3 as that section may be amended from time to time, or the State of California definition of wetland as adopted by the State Water Resources Control Board as a State Wetland Definition, as that definition may be amended from time to time. In the event of a conflict between the state and federal definition, whichever definition is more protective shall control.

    "Wetland delineation map or study" means a map or study prepared by a qualified professional biologist to identify and precisely map the boundary of wetlands on a site.

    "Winter shut-down period" shall mean between October 15 and April 1, except within sensitive domestic water supply drainages, the winter shut-down period shall mean between September 1 and April 1 pursuant to subsection (C) of Section 18.108.027.

    (Ord. 1300 § 3, 2007: Ord. 1259 § 4, 2005: Ord. 1219 § 3, 2003: Ord. 1062 § 2, 1994; Ord. 991 § 1 (part), 1991: prior code § 12451)

(Ord. No. 1379, § 167, 1-29-2013; Ord. No. 1438, § 6, 4-9-2019)