§ 36.14

A.

Fee schedule. The board of supervisors shall establish a schedule of fees for the processing of permit and registration applications required by this chapter.

B.

Refunds and withdrawals. The required application fees cover county costs for staff time and the other activities involved in processing permit and registration applications. Therefore, no refund due to disapproval or expiration shall be allowed. In the case of a withdrawal, the agricultural commissioner may refund up to ninety percent (90%) of the application fee prior to the commencement of application review.

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

Sec. 36.14.050. - Indemnification.

A.

Applicant agreement. At the time of submitting a discretionary permit application, the applicant shall agree, as part of the permit application, to defend (with legal counsel of the county's selection), indemnify, and hold harmless the county and its agents, officers, attorneys, and employees, from any claim, action, or proceeding brought against the county or its agents, officers, attorneys, or employees to attack, set aside, void, or annul, an approval of the county concerning the permit application, which action is brought within the applicable statute of limitations. The required indemnification shall include damages awarded against the county, if any, costs of suit, attorneys' fees, and other costs and expenses incurred in connection with the action.

B.

County notification of applicant. In the event that a claim, action, or proceeding referred to in Subsection A is brought, the county shall promptly notify the applicant of the existence of the claim, action, or proceeding and shall cooperate fully in the defense of the claim, action, or proceeding.

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

Sec. 36.14.060. - Initial permit and registration application review.

The agricultural commissioner shall review each permit or registration application for completeness and accuracy before it is accepted as complete and officially filed. The agricultural commissioner's determination of completeness shall be based on the department's list of required application contents and any additional instructions provided to the applicant in any pre-application contact, and/or during the initial review period. No permit or registration application shall be deemed complete, and processing shall not commence on any permit or registration application, until all required fees and deposits have been paid, and all required plans and specifications, maps, reports, and other information and materials have been submitted to the agricultural commissioner and reviewed to determine compliance with this chapter, including peer review where necessary to determine compliance with this chapter.

A.

Notification of applicant when permit or registration application is incomplete. The agricultural commissioner shall inform the applicant in writing within thirty (30) days of filing when a permit or registration application is incomplete. The letter shall specify the additional information required to make the permit or registration application complete.

B.

Withdrawal of application. If an applicant fails to provide the additional information specified in the agricultural commissioner's letter providing notice of an incomplete permit application within one hundred twenty (120) days following the date of the letter, the permit or registration application shall be deemed withdrawn without any further action by the agricultural commissioner. The agricultural commissioner may grant one (1) 90-day extension, if the applicant files a written request with the agricultural commissioner before expiration of the original 120-day period. After the withdrawal of a permit or registration application, future consideration by the agricultural commissioner shall require the submittal of a new permit or registration application and associated fees.

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

Sec. 36.14.070. - Environmental review.

After a permit application has been accepted as complete, if the permit application is a discretionary permit application, the proposed activity shall be reviewed as required by the California Environmental Quality Act and the State CEQA Guidelines to determine the level of environmental processing required.

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

Sec. 36.14.080. - Expiration of permit and registration applications.

If a permit or registration is not issued within one (1) year following the filing of a permit or registration application, the permit or registration application shall expire and be deemed withdrawn, without any further action by the agricultural commissioner. The agricultural commissioner may grant one (1) 180-day extension for a permit application, if the applicant files a written request with the agricultural commissioner before expiration of the original one-year period and shows that the extension is warranted due to a lawsuit, staff error, or other circumstances beyond the control of the applicant. After the expiration of a

permit or registration application, future consideration by the agricultural commissioner shall require submittal of a new permit or registration application and associated fees. Where a new permit application is filed within one hundred eighty (180) days following the expiration of the original permit application, the applicant may resubmit the original plans and specifications and the new permit application shall be processed based on the provisions of this chapter in effect at the time the expired permit application was initially submitted. No expired permit application shall be renewed in this fashion more than once.

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

Article 16. - Permit and Registration Review Procedures.

Sec. 36.16.010. - Purpose.

This article provides procedures for the final review and approval or disapproval of the permit and registration applications required by this chapter.

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

Sec. 36.16.020. - Permit approval and issuance.

The approval of a permit application and issuance of a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit by the agricultural commissioner shall occur as follows:

A.

Criteria for approval. The agricultural commissioner may approve a permit application and issue a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit when the following requirements are satisfied:

Ministerial permit application. A ministerial permit application shall be approved and a ministerial new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit issued when the agricultural commissioner determines that the proposed new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

2.

Discretionary permit application. A discretionary permit application may be approved and a discretionary new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit issued when the agricultural commissioner determines that:

a.

There are special circumstances or conditions affecting the site that make the strict application of the standards in Article 20 impractical;

b.

The requested relief from the standards in Article 20 is consistent with the purpose of this chapter and does not diminish the health, safety, and environmental protection benefits that would be obtained from the strict application of the standards in Article 20;

c.

The proposed new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage complies with all applicable requirements of this chapter, except for those modified by the permit, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

B.

Permit conditions. In approving a discretionary permit application, the agricultural commissioner may impose any conditions deemed reasonable and necessary to protect the public health, safety, and welfare; prevent adverse environmental impacts or the creation of hazards to property; and ensure proper completion of the work.

C.

Permit holder. A new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit shall be issued to the property owner.

D.

Effect of permit and approved plans and specifications.

1.

Compliance with plans and specifications required. All work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit is issued shall be done in compliance with the approved plans and specifications and the recommendations of required reports. The approved plans and specifications shall not be changed without the written approval of the agricultural commissioner.

2.

Modifications. Proposed modifications to the approved plans and specifications shall be submitted to the agricultural commissioner in writing, together with all necessary technical information and design details. A proposed modification shall be approved only if the agricultural commissioner determines that the modification complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

E.

Distribution and use of approved plans and specifications. The agricultural commissioner shall retain one (1) or more sets of approved and dated plans and specifications for inspection and record keeping. Two (2) sets of approved and dated plans and specifications shall be provided to the permittee. The permittee shall maintain one (1) set of approved and dated plans and specifications and the permit on the site at all times during the work.

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

Sec. 36.16.030. - Registration approval and issuance.

A.

Criteria for approval. The agricultural commissioner shall approve a registration application and issue a lowimpact vineyard replanting registration when the agricultural commissioner determines that the proposed low-impact vineyard replanting complies with all applicable requirements of this chapter, all other applicable requirements of this code, and the requirements of any applicable county land use approvals.

B.

Registration holder. A low-impact vineyard replanting registration shall be issued to the property owner.

C.

Effect of registration. All work for which a low-impact vineyard replanting registration is issued shall be done in compliance with the standards in Article 20.

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

Article 18. - Permit and Registration Implementation, Time Limits, and Extensions.

Sec. 36.18.010. - Purpose.

This article provides requirements for the implementation of the permits and registrations required by this chapter, including time limits and procedures for granting extensions of time.

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

Sec. 36.18.020. - Effective date of permits and registrations.

A.

Ministerial permit. A ministerial new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit shall become effective on the date of ministerial permit application approval.

B.

Discretionary permit. A discretionary new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit shall become effective on the 11th day following the date of discretionary permit application approval, provided that no appeal has been filed or direct review requested in compliance with Article 24.

C.

Registration. A low-impact vineyard replanting registration shall become effective on the date of registration application approval.

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

Sec. 36.18.030. - Time limits and extensions.

A.

Time limits.

1.

New vineyard and orchard development permits. New vineyard and orchard development permits shall expire five (5) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B. All work for which a new vineyard and orchard development permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

2.

Vineyard and orchard replanting permits. Vineyard and orchard replanting permits shall expire five (5) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B. All work for which a vineyard and orchard replanting permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

Low-impact vineyard replanting registrations. Low-impact vineyard replanting registrations shall expire one (1) year from the effective date of the registration. All work for which a low-impact vineyard replanting registration is issued shall be completed and finaled prior to expiration of the registration.

4.

Agricultural grading permits. Agricultural grading permits shall expire five (5) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B, provided that the agricultural commissioner may limit an agricultural grading permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which an agricultural grading permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

5.

Agricultural drainage permits. Agricultural drainage permits shall expire five (5) years from the effective date of the permit, unless an extension has been granted in writing in compliance with Subsection B, provided that the agricultural commissioner may limit an agricultural drainage permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which an agricultural drainage permit is issued shall be completed and finaled prior to expiration of the permit or any extension granted pursuant to Subsection B.

B.

Extensions of time. Any permittee holding an unexpired new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit may apply for an extension of the time within which the work for which the permit is issued must be completed and finaled. The agricultural commissioner may extend the expiration date of the permit for a period not exceeding one hundred eighty (180) days, where the permittee has requested the extension in writing prior to the expiration of the permit and shown that a lawsuit, staff error, or other circumstances beyond the control of the permittee have prevented the work from being started or completed. No permit shall be extended more than once.

C.

Tolling of time. Any permittee holding an unexpired new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit may request a tolling of the time within which the work for which the permit is issued must be completed and finaled, where a lawsuit is brought in a court of competent jurisdiction involving the approval of the permit. Upon receipt of a request, the agricultural commissioner shall grant a stay for the period during which the litigation is pending, subject to the following limitations:

1.

The stay may not be granted until the county is served with the initial petition or complaint. If the county is not a party to the litigation, the county must be served with a courtesy copy of the initial pleading.

The stay may only be granted where the litigation is brought by opponents of the work to attack or overturn the approval.

D.

Effect of expiration.

1.

Permit. After the expiration of a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit, no further work shall be done on the site until a new permit is obtained. The new permit shall be subject to the following requirements:

a.

A new permit issued to recommence work started under an expired permit shall be based on the provisions of this chapter in effect at the time the expired permit was issued. No expired permit shall be renewed in this fashion more than once.

b.

A new permit issued to commence work under an expired permit shall be based on the provisions of this chapter in effect at the time the new permit application is submitted.

2.

Registration. After the expiration of a low-impact vineyard replanting registration, no further work shall be done on the site until a new registration is obtained. The new registration shall be based on the provisions of this chapter in effect at the time the new registration application is submitted.

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