§ 36.20

This article provides ministerial standards for the proper conduct of new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage. All new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall comply with the requirements of this article, regardless of whether a permit is required by this chapter.

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

Sec. 36.18.020. - Agricultural grading.

Agricultural grading shall be designed and constructed in compliance with the following requirements.

A.

General.

1.

Areas of agricultural grading. Agricultural grading shall be limited to the grading area identified and delineated on the approved plans and specifications.

2.

Final contours. Contours, elevations, and shapes of finished surfaces shall be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. Borders of cut slopes and fills shall be rounded off to a minimum radius of five feet (5') to blend with the natural terrain.

3.

MS4 permit. Where agricultural grading is within an MS4 permit boundary, the agricultural grading shall comply with the applicable standards and provisions of the MS4 permit.

B.

Cuts.

1.

Slope. The slope of cut surfaces shall be no greater than two feet (2') horizontal to one foot (1') vertical [fifty percent (50%)], unless a soils report justifies a greater slope.

2.

Terracing and drainage. Terracing and drainage of cuts shall be provided as required by Subsection D.

C.

Fills.

1.

Fill location. Fill shall not be placed on existing slopes greater than two feet (2') horizontal to one foot (1') vertical [fifty percent (50%)].

2.

Surface preparation. Ground surfaces shall be prepared to receive fill by removing vegetation, topsoil, and other unsuitable materials, and scarifying the ground to provide a bond with the fill material.

3.

Benching. Benching into sound bedrock or other competent material, as determined by a civil engineer, shall be required where existing grade is at a slope greater than five feet(5') horizontal to one foot (1') vertical [twenty percent (20%)] and the depth of the fill exceeds five feet (5'). Benching shall be provided in accordance with Figure 36-1, subject also to the following requirements:

a.

A key at least ten feet (10') in width and two feet (2') in depth shall be installed.

b.

The key shall be installed at least one foot (1') into sound bedrock or other competent material.

c.

The area beyond the toe of the fill shall be sloped for sheet overflow or a non-erosive drain shall be provided.

d.

Cuts for benching and keys shall be accepted by a soils engineer as a suitable foundation for fill prior to the placement of the fill material.

==> picture [360 x 177] intentionally omitted <==

Figure 36-1 Benching Details

4.

Fill material. Fill material shall not include organic, frozen, or other deleterious materials. No rock or similar irreducible material greater than six inches (6") in any dimension shall be included in fills, except where a soils engineer devises a method of placement of larger rock, continuously inspects its placement, and approves fill stability, subject also to the following requirements:

a.

Potential rock disposal areas shall be shown on the plans and specifications.

b.

Rocks shall be placed so as to assure filling of all voids with well-graded soil.

5.

Fill placement. Fills shall be constructed in lifts not exceeding eight inches (8") in depth. Completed fills shall be stable, well-integrated, and bonded to adjacent materials and the materials on which they rest. Fills shall be competent to support anticipated loads and be stable at the design slopes shown on the approved plans and specifications.

6.

Compaction.

a.

Fills below thirty inches (30") from finished grade shall be compacted to a minimum of ninety percent (90%) of maximum dry density, as determined by ASTM D 1557, Modified Proctor, or as specified by a soils engineer.

b.

Fills at or above thirty inches (30") from finished grade shall be compacted to a minimum density necessary for the intended use or as specified by a soils engineer.

7.

Slope. The slope of fill surfaces shall be no greater than two feet (2') horizontal to one foot (1') vertical [fifty percent (50%)], unless a soils report justifies a greater slope.

8.

No net fill in flood-prone urban area or special flood hazard areas. No fill shall be placed in the flood-prone urban area or any special flood hazard area, unless prior to permit issuance an analysis comparing the predevelopment and proposed post-development site topography demonstrates that no reduction in flood storage capacity in the special flood hazard area will result from the fill placement and related improvements, and prior to the permit being finaled an analysis comparing the pre-development and asbuilt topography confirms that no reduction in flood storage capacity in the special flood hazard area has resulted from the fill placement and related improvements.

9.

Terracing and drainage. Terracing and drainage of fills shall be provided as required by Subsection D.

D.

Terracing and drainage of cuts and fills. Terracing and drainage of cuts and fills shall be designed and constructed to ensure the integrity of the cuts and fills. Unless otherwise justified by a soils report, terracing and drainage of cuts and fills with surface slopes greater than three feet (3') horizontal to one foot (1') vertical [thirty-three percent (33%)] shall comply with the following requirements. Additional requirements applicable to the provision of drainage facilities and systems are established by Section 36.20.030.B.

1.

Terraces. Terraces shall be established on cut and fill slopes to control surface drainage and debris. Suitable access shall be provided to permit proper cleaning and maintenance of terraces.

a.

For cut and fill slopes up to thirty feet (30') in vertical height, terraces need not be provided.

b.

For cut and fill slopes greater than thirty feet (30') and up to sixty feet (60') in vertical height, one (1) terrace at least six feet (6') in width shall be established at mid-height.

c.

For cut and fill slopes greater than sixty feet (60') and up to one hundred twenty feet (120') in vertical height, terraces at least six feet (6') in width shall be established at not more than 30-foot intervals or one (1) terrace at least twelve feet (12') in width shall be established at mid-height.

d.

For cut and fill slopes greater than one hundred twenty feet (120') in vertical height, terrace widths and spacing shall be designed by a civil engineer.

2.

Terrace drainage.

a.

Swales or ditches. Swales or ditches shall be provided on terraces, and shall:

(1)

Have a minimum gradient of twenty feet (20') horizontal to one foot (1') vertical [five percent (5%)];

(2)

Be paved with reinforced concrete not less than three inches (3") in thickness, or with other materials suitable to the application; and

(3)

Have a minimum depth of one foot (1') and a minimum width of five feet (5').

b.

Limitation on single run of swale or ditch. A single run of swale or ditch shall not collect runoff from a tributary area exceeding thirteen thousand five hundred (13,500) square feet (projected) without discharging into a down drain.

3.

Subsurface drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

4.

Surface interceptor drains. Surface interceptor drains shall be installed along the top of all cut and fill slopes receiving drainage from a tributary width greater than forty feet (40'), measured horizontally upslope. The drains shall be paved with reinforced concrete not less than three inches (3") in thickness, or with other materials suitable to the application. The drains shall be designed in compliance with the Flood Management Design Manual, or superseding document, for the 100-year design discharge. This surface interceptor drains requirement shall not apply to outslope constructed roadways designed to prevent the concentration of stormwater runoff, provided that the stability of the cut and fill slope is maintained.

E.

Setbacks. Cut and fill slopes shall be set back from property lines in compliance with the following requirements. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure 36-2.

1.

Top of slope. The setback at the top of a slope shall be not be less than that shown in Figure 36-2, or than is required to accommodate any required surface interceptor drains, whichever is greater.

2.

Toe of slope. The setback at the toe of a slope shall not be less than that shown in Figure 36-2.

==> picture [360 x 156] intentionally omitted <==

Figure 36-2 Cut and Fill Slope Setback Requirements

F.

Protection of footings, buildings, and structures. Footings that may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any building or structure unless the building or

structure is capable of withstanding the additional loads caused by the fill or surcharge. The rights of adjacent affected property owners shall be as set forth in Civil Code section 832.

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

Sec. 36.20.030. - Drainage.

A.

Drainage patterns and runoff. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall be designed and constructed to maintain natural and existing drainage patterns. Post-development stormwater runoff shall be limited in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

B.

Design and construction of drainage facilities and systems.

1.

Drainage facilities and systems shall be designed and constructed in compliance with the Flood Management Design Manual, or superseding document, and the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage for no less than the 25-year design discharge.

2.

Drainage facilities required for cuts and fills are also subject to Section 36.20.020.D.

C.

Disposal of stormwater runoff. Drainage facilities and systems shall convey stormwater runoff to disposal locations that maximize infiltration and minimize erosion, and shall dissipate the energy or diffuse the flow prior to releasing the stormwater runoff to any setback area or off the site.

D.

Limit erosion. Drainage facilities and systems shall limit erosion in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

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

Sec. 36.20.040. - Protection of human remains and archaeological resources.

Where human remains or archaeological resources are discovered during new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, all work shall be halted in the vicinity of the find, the agricultural commissioner shall be notified, and the following shall occur before work may be resumed:

A.

Human remains. If human remains or suspected human remains are discovered, the permittee shall notify the county coroner and comply with all state law requirements, including Health and Safety Code section 7050.5 and Public Resources Code section 5097.98, to ensure proper disposition of the human remains or suspected human remains, including those identified to be Native American remains.

B.

Archaeological resources. If archaeological resources or suspected archaeological resources are discovered, the agricultural commissioner shall notify the State Historic Preservation Officer and the Northwest Information Center at Sonoma State University, and the permittee shall retain a qualified archeologist to evaluate the find to ensure proper disposition of the archaeological resources or suspected archaeological resources. All costs associated with the evaluation and mitigation of the find shall be the responsibility of the permittee. The agricultural commissioner shall provide notice of the find to any tribes that have been identified as having cultural ties and affiliation with the geographic area in which the archaeological resources or suspected archaeological resources were discovered, if the tribe or tribes have requested notice and provided a contact person and current address to which the notice is to be sent. The agricultural commissioner may consult with and solicit comments from notified tribes to aid in the evaluation, protection, and proper disposition of the archaeological resources or suspected archaeological resources. The need for confidentiality of information concerning the archaeological resources or suspected archaeological resources shall be recognized by all parties. For the purposes of this section, archaeological resources include historic or prehistoric ruins, burial grounds, pottery, arrowheads, midden, or culturally modified soil deposits. Artifacts associated with prehistoric ruins include humanly modified stone, shell, bone, or other cultural materials such as charcoal, ash, and burned rock indicative of food procurement or processing activities. Prehistoric domestic features include hearths, fire pits, or floor depressions; mortuary features are typically represented by human skeletal remains.

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

New vineyard and orchard development and vineyard and orchard replanting shall be designed and constructed to avoid the take of any listed species, unless all necessary state and federal permits, approvals, or authorizations to incidentally take listed species have been obtained.

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

Sec. 36.20.060. - Removal of trees and other vegetation.

New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall not remove or disturb trees and other vegetation except in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage and the approved plans and specifications. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall be conducted in compliance with the following requirements.

A.

The limits of the development area shall be clearly identified and delineated on the approved plans and specifications, and defined and marked in the field to prevent damage to surrounding trees and other vegetation.

B.

Trees and other vegetation within the limits of the development area that are to be retained shall be identified and protected from damage by marking, fencing, or other measures.

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

Sec. 36.20.070. - Road networks.

Agricultural road networks for new vineyard and orchard development and vineyard and orchard replanting shall be designed and constructed or modified in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

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

Sec. 36.20.080. - Setbacks for areas of slope instability.

Development areas for new vineyard and orchard development and deep ripping for vineyard and orchard replanting shall be set back from areas of slope instability in compliance with the requirements in Table 364, unless the area of slope instability is repaired in compliance with this chapter or a geologic report determines that the area of slope instability is suitable for planting or replanting.

Table 36-4 Area of Slope Instability Setback Requirements

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

Sec. 36.20.090. - Setbacks for lakes, ponds, and reservoirs.

Development areas for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading shall be set back from lakes ponds, and reservoirs in compliance with the requirements in Table 36-5, unless a greater setback is required by the general plan, local coastal program, or zoning code.

Table 36-5 Lake, Pond, and Reservoir Setback Requirements

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

Where tree removal is involved, development areas for new vineyard and orchard development on ridgetops shall be set back fifty feet (50') from the delineated slope break of descending existing slopes greater than fifty percent (50%) for more than fifty feet (50') in slope length.

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

Development areas for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall be set back from streams in compliance with the requirements in Table 36-6, unless a greater setback is required by the general plan, local coastal program, or zoning code.

Table 36-6 Stream Setback Requirements

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

Sec. 36.20.120. - Setbacks for wetlands.

Development areas for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall be set back from wetlands in compliance with the requirements in Table 36-7, unless:

A.

A greater setback is required by the general plan, local coastal program, or zoning code;

B.

All necessary state and federal permits, approvals, or authorizations to fill the wetlands have been obtained; or

C.

The filling of the wetlands is exempt from state and federal permits, approvals, or authorizations.

Table 36-7 Wetland Setback Requirements

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

Sec. 36.20.130. - Soil and other pollutant discharges.

A.

During the work. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall prevent or control soil and other pollutant discharges during the work through the use of best management practices referenced or detailed in the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

B.

During qualifying rain events. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall prevent or control soil and other pollutant discharges during qualifying rain events by implementing erosion prevention or control measures referenced or detailed in the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage at least forty-eight (48) hours prior to any qualifying rain event, unless the site has been winterized pursuant to Section 36.20.150.

C.

Post-development. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall be designed to limit post-development soil and other pollutant discharges in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage.

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

Sec. 36.20.140. - Work during the rainy season.

New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage shall only be permitted during the rainy season in compliance with the requirements in Table 36-8 when on-site soil conditions permit the work to be performed in compliance with this article and the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, and sufficient materials are available on-site to implement the erosion prevention or control measures required by Section 36.20.130.B, if necessary. This section and the requirements in Table 36-8 shall not apply to emergency work to protect life or property, or to implement erosion prevention or control measures.

Table 36-8 Rainy Season Work Requirements

Notes:

1.

The agricultural commissioner may extend the end date of the permitted work period to no later than October 31 based on precipitation forecast information from the National Weather Service or other good cause.

2.

The agricultural commissioner may delay the start date of the prohibited work period to no later than November 1 based on precipitation forecast information from the National Weather Service or other good cause.

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

Sec. 36.20.150. - Winterization of sites.

A.

Winterization requirements. New vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage sites shall be winterized each year until all work has been completed in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, the approved plans and specifications, and the requirements in Table 36-9.

B.

Installation. The property owner shall be responsible for ensuring that the winterization measures required by Subsection A are installed properly. Each year until all work has been completed, the property owner or an authorized agent of the property owner shall notify the agricultural commissioner in writing when the winterization measures required by Subsection A are in place and functional, and certify that the winterization measures have been installed in compliance with the department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, the approved plans and specifications, and the requirements in Table 36-9.

C.

Operation and maintenance. The property owner shall be responsible for ensuring that after installation the winterization measures required by Subsection A operate properly and are maintained through March 31 of each year until all work has been completed.

Table 36-9 Winterization Requirements

Notes:

The agricultural commissioner may extend the deadline for winterization to no later than November 1 based on precipitation forecast information from the National Weather Service or other good cause.

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

Article 22. - Prohibited Activities.

Sec. 36.22.010. - Purpose.

This article establishes prohibitions against certain new vineyard and orchard development and agricultural grading.

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

Sec. 36.22.020. - Prohibited new vineyard and orchard development.

A.

Existing slopes greater than fifty percent (50%). New vineyard and orchard development shall be prohibited on existing slopes greater than fifty percent (50%).

B.

Fill slopes supporting structures or surcharges. New vineyard and orchard development shall be prohibited on fill slopes supporting structures or surcharges, unless a soils report determines that the fill slope is suitable for planting.

C.

Removal of contiguous vegetation. New vineyard and orchard development shall be prohibited from removing existing contiguous vegetation within two hundred feet (200') of the top of the higher bank of any blue-line stream.

D.

Removal of trees. New vineyard and orchard development shall be prohibited from removing trees on existing slopes greater than forty percent (40%) with non-cohesive soil.

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

Sec. 36.22.030. - Prohibited agricultural grading.

Agricultural grading to prepare new land for outdoor crop production shall be prohibited on existing slopes greater than fifty percent (50%).

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

Article 24. - Appeals and Direct Review.

Sec. 36.24.010. - Purpose.

This article establishes procedures for the appeal and review and direct review of certain decisions of the agricultural commissioner.

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

Sec. 36.24.020. - Appeal and direct review subjects and jurisdiction.

Decisions of the agricultural commissioner on discretionary permit applications may be appealed to and/or directly reviewed by the board of supervisors. All other decisions of the agricultural commissioner under this chapter shall be final, subject only to judicial review.

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

Sec. 36.24.030. - Filing and processing of appeals.

A.

Eligibility. An appeal in compliance with this article may be filed by any interested person.

B.

Timing and form of appeal. An appeal shall be submitted in writing and filed with the department on a county appeal form within ten (10) calendar days following the decision that is the subject of the appeal. The appeal shall specifically state the pertinent facts and the basis for the appeal, and shall be accompanied by the required filing fee.

C.

Effect of filing appeal. The filing of an appeal in compliance with this article shall stay the effective date of the decision that is the subject of the appeal until the board of supervisors has acted upon the appeal.

D.

Report and scheduling of hearing. When an appeal has been filed, the agricultural commissioner shall prepare a report on the matter, and schedule the matter for a public hearing by the board of supervisors. The hearing shall be de novo. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Article 26. Any interested person may appear and be heard at the hearing.

E.

Decision. At the hearing on the appeal, the board of supervisors may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision that is the subject of the appeal.

F.

Effective date of appeal decision. A decision by the board of supervisors on an appeal is final and shall be effective on the date of the decision.

G.

Withdrawal of appeal. After filing, an appeal may not be withdrawn except with the consent of the board of supervisors.

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

Sec. 36.24.040. - Board direct review.

A.

Request for direct review. Any member of the board of supervisors may request the board of supervisors, upon its own initiative, to review the decision of the agricultural commissioner on a discretionary permit application.

B.

Timing and form of request for direct review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing or by e-mail with the clerk of the board of supervisors, before the expiration of the appeal period for the decision that is the subject of the request. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the agricultural commissioner.

C.

Effect of request for direct review. A request for direct review shall stay the effective date of the decision that is the subject of the request until the board of supervisors takes action in compliance with Subsection D, below, and, if applicable, until the board of supervisors takes action in compliance with Subsection F, below. The stay shall not extend the time for filing an appeal of the decision that is the subject of the request.

D.

Consideration of request for direct review. A request for direct review shall be considered by the board of supervisors at a public meeting.

1.

If the board of supervisors approves the request for direct review, the board of supervisors shall assume jurisdiction over the matter and take action in compliance with Subsection F.

2.

If the board of supervisors denies the request for direct review, the decision of the agricultural commissioner shall stand, unless an appeal of the decision was timely filed in compliance with this article.

E.

Report and scheduling of hearing. When a request for direct review has been approved, the agricultural commissioner shall prepare a report on the matter, and schedule the matter for a public hearing by the board of supervisors. The hearing shall be de novo. Notice of the hearing shall be provided, and the hearing conducted, in compliance with Article 26. Any interested person may appear and be heard at the hearing.

F.

Decision. At the hearing on the direct review, the board of supervisors may consider any issue involving the matter that is the subject of the direct review. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision of the permit authority that is the subject of the direct review.

G.

Effective date of direct review decision. A decision by the board of supervisors on a direct review is final and shall be effective on the date of the decision.

H.

Participation by initiator of request for direct review. Any member of the board of supervisors who initiates a request for direct review may fully participate in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

I.

Withdrawal of request for direct review. After filing, a request for direct review may not be withdrawn except with the consent of the board of supervisors.

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