§ 36.02

A.

Authority to interpret. The agricultural commissioner shall have the authority to interpret the provisions of this chapter. Whenever the agricultural commissioner determines that the meaning or applicability of any requirement of this chapter is subject to interpretation, the agricultural commissioner may issue an official written interpretation. The agricultural commissioner may also refer any issue of interpretation to the board of supervisors for determination.

B.

Language. When used in this chapter, the words "shall," "must," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" shall mean "including but not limited to."

C.

Time limits. Whenever a number of days is specified in this chapter, or in any permit, condition of approval, or notice provided in compliance with this chapter, the number of days shall be construed as calendar days, unless business days are specified. A time limit shall extend to 5:00 p.m. on the following business day where the last of the specified number of days falls on a weekend, county-observed holiday, or other day the county is not open for business.

D.

State or federal law requirements. Where this chapter references applicable provisions of state or federal law, the reference shall be construed to be to the applicable state or federal law provisions as they may be amended from time to time.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

The agricultural commissioner may adopt, amend, or rescind best management practices to implement or make specific the standards in Article 20. The best management practices shall reference or detail only fixed standards and objective measurements that do not require the exercise of discretion by the agricultural commissioner. Failure by any person to comply with any applicable best management practice adopted or amended pursuant to this section shall be a violation of this chapter. The best management practices adopted or amended pursuant to this section shall be compiled by the agricultural commissioner and made available to the public.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Sec. 36.02.070. - Legislative intent.

A.

Ministerial provisions; exception. It is the intent of the board of supervisors that the provisions of this chapter and the best management practices adopted pursuant to Section 36.02.060 shall be ministerial within the meaning of the California Environmental Quality Act and the State CEQA Guidelines. It is the further intent of the board of supervisors that the review of permit applications and the issuance of permits pursuant to this chapter shall be ministerial acts, except in the case of discretionary permit applications.

B.

Interpretation and application. This chapter and the best management practices adopted pursuant to Section 36.02.060 shall be interpreted, administered, and construed in light of the legislative intent expressed in Subsection A. If any provisions, sentences, or words in this chapter or any best management practice adopted pursuant to Section 36.02.060 are ambiguous or capable of more than one (1) interpretation, staff shall interpret, administer, and construe them as conferring only ministerial authority. Staff shall not exercise personal judgment, special discretion or judgment, or personal, subjective judgment in deciding whether or how projects should be carried out, except in the case of discretionary permit applications.

C.

Ministerial system of regulation; automatic repeal. It is the intent of the board of supervisors in enacting this chapter to establish and maintain a ministerial system of regulation for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, consistent with the strong policy direction in the general plan to expedite the processing of agricultural-related permits and not unduly complicate and discourage new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage. The county has heretofore faced lawsuits seeking to transform ministerial permit applications for new vineyard development into discretionary projects subject to the California Environmental Quality Act. As a legislative matter, that result would be contrary to the legislative intent of this chapter, as well as the general plan and its Agricultural Resources Element. As a result, if for any reason a court of competent jurisdiction holds in a final order that a provision of this chapter or a best management practice adopted pursuant to Section 36.02.060 intended to be ministerial is, in fact, discretionary, this chapter shall be automatically repealed without further action by the board of

supervisors. A "final order" means an order, writ, judgment, or other finding that is no longer subject to modification or reversal on appeal. If this chapter is repealed by this subsection, new vineyard and orchard development and vineyard and orchard replanting shall be allowed and shall not require separate permitting, like all other forms of agriculture in the county, and agricultural grading and drainage shall become subject to the provisions of Chapter 11 of this code.

Nothing in this subsection is intended to affect any court order. This subsection is declarative of existing law.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Article 04. - New Vineyard and Orchard Development Permits.

Sec. 36.04.010. - Permit requirements.

A.

Permit required. A new vineyard and orchard development permit shall be required prior to commencing any new vineyard or orchard development or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection D. A separate new vineyard and orchard development permit shall be required for each site.

B.

Designation and performance. New vineyard and orchard development shall be designated "Level I new development" or "Level II new development" in compliance with Table 36-1, and shall be performed as follows:

1.

Level I new development. Level I new development shall be performed in compliance with approved plans and specifications prepared by the property owner, an authorized agent of the property owner, or a licensed professional acting within the scope of their license.

2.

Level II new development. Level II new development shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

Table 36-1 New Vineyard and Orchard Development Designation

Notes:

1.

New vineyard and orchard development are prohibited on existing slopes greater than fifty percent (50%). See Section 36.22.020.A.

C.

Biotic resource and focused species assessments.

1.

Biotic resource assessment. A biotic resource assessment shall be required for all new vineyard and orchard development on uncultivated land.

2.

Focused species assessment. A focused species assessment shall be required for all new vineyard and orchard development on cultivated land in designated critical habitat areas.

D.

Exemptions from permit requirements. The following new vineyard and orchard development activities are exempt from the provisions of this section and may be conducted without obtaining a new vineyard and orchard development permit, provided that these activities shall still be subject to the standards in Article 20 and the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

1.

Hobby vineyards and orchards. Planting of new hobby vineyards and orchards where the hobby vineyard or orchard is less than one-half (½) acre in size. This exemption may only be used for one (1) hobby vineyard or orchard per legal parcel. This exemption shall not apply where there is an existing commercial vineyard or orchard on the parcel.

(Ord. No. 6338, § I(Exh. A), 3-16-2021)

Article 06. - Vineyard and Orchard Replanting Permits.