§ 36.30

This article provides definitions of terms and phrases used in this chapter that are technical or specialized, or that may not reflect common usage. If any of the definitions in this article conflict with definitions in other provisions of this code, these definitions shall control for the purposes of this chapter. If a word is not defined in this article, or in other provisions of this code, the agricultural commissioner shall determine the correct definition.

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

Sec. 36.30.020. - Definitions of specialized terms and phrases.

As used in this chapter, the following terms and phrases shall have the meanings ascribed to them in this section, unless the context in which they are used clearly requires otherwise. The definition of a term or phrase applies to any of that term's or phrase's variants.

Agricultural avenue. A seasonal road around or through a vineyard or orchard block, or an area at the end of a vine or tree row where vehicles and equipment can turn around.

Agricultural commissioner. The agricultural commissioner-sealer of the county or his or her authorized representative.

Agricultural crop. Any cultivated crop grown and harvested for commercial purposes.

Agricultural drainage. Any drainage alteration for agricultural purposes. Agricultural drainage does not include drainage alteration for private roads and driveways, dams, reservoirs, lakes, ponds, and structures.

Agricultural drainage permit. See Section 36.12.010.

Agricultural grading. Any grading for agricultural purposes. Agricultural grading does not include grading for private roads and driveways, dams, reservoirs, lakes, ponds, and structures.

Agricultural grading permit. See Section 36.10.010.

Agricultural purpose. See agriculture.

Agricultural road. A year-round road that connects vineyard or orchard blocks.

Agricultural road network. The agricultural roads and avenues constructed or modified to serve a vineyard or orchard.

Agriculture. The production of food, fiber, plant materials, and the raising and maintaining of horses, donkeys, mules, and similar livestock and farm animals.

Approved plans and specifications. Plans and specifications, including reports, material lists, estimates, maintenance agreements, and professional recommendations, approved by the agricultural commissioner pursuant to this chapter.

Architect. A person licensed by the state to practice architecture.

Area of slope instability. An area of soil or rock prone to mass wasting, including slides, falls, slumps, and flows.

As-built plans. Plans or drawings that depict the final installed configuration of new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage (whether physical or functional). The plans or drawings shall indicate any construction deviations and show all features as actually built. The plans or drawings are intended to provide a permanent record of as-built conditions and aid as key references for future maintenance processes.

Bench. A relatively level step excavated into earth material on which fill is to be placed.

Best management practice. A program, technology, process, siting criteria, operational method, or engineered system, which when implemented prevents, controls, removes, or reduces pollution or other adverse environmental effects.

Biotic resource assessment. A report prepared by a professional biologist in compliance with department guidelines to identify and evaluate biotic resources, listed species, and waterbodies present on a site.

Blue-line stream. A stream that appears as a broken or solid blue line (or a purple line) on a USGS topographic map.

California Environmental Quality Act (CEQA). Public Resources Code section 21000 et seq.

Civil engineer. A person licensed by the state to practice civil engineering.

Commercial orchard. Any orchard producing fruit or nuts for commercial purposes.

Commercial vineyard. Any vineyard producing wine grapes for commercial purposes.

Compaction. The densification of a fill by mechanical means.

Contiguous vegetation. Vegetation that is physically touching or adjacent, and not separated by features like roads, developed land, or cropland.

County land use approval. A discretionary permit or approval granted by the county pursuant to Chapter 25, 26, or 26C of this code.

Crop production. The commercial growing and harvesting of agricultural crops, including horticultural or ornamental shrubs, plants, flowers, trees, vines, fruits, vegetables, hay, grain, and similar food and fiber crops or agricultural commodities, except for cannabis or other controlled substances.

Cultivated land. Land that has been under active cultivation of perennial or row crops for at least five (5) years immediately preceding the filing of a permit application.

Cut. See excavation.

Deep ripping. The mechanical manipulation of the soil at depths greater than sixteen inches (16") to break up or pierce highly compacted, impermeable or slowly permeable subsurface soil layers, or other similar kinds of restrictive soil layers.

Department. The department of agriculture/weights and measures of the county.

Department's best management practices for new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage. The best management practices adopted or amended by the agricultural commissioner pursuant to Section 36.02.060.

Design discharge. See the Flood Management Design Manual.

Designated critical habitat area. The critical habitat for a listed species designated by the U.S. Fish and Wildlife Service or NOAA Fisheries pursuant to 16 U.S.C. § 1532(5).

Designated watershed or sub-watershed. A watershed or sub-watershed designated in the general plan.

Development area. All areas subject to ground disturbance related to new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage, including the new planting, replanting, grading, or drainage alteration area, agricultural road network and other vineyard or orchard infrastructure, staging areas for vehicles, supplies, and equipment, and material storage areas.

pment area. All areas subject to ground disturbance related to new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage, including the new planting, replanting, grading, or drainage alteration area, agricultural road network and other vineyard or orchard infrastructure, staging areas for vehicles, supplies, and equipment, and material storage areas.

Discretionary permit application. A permit application that includes a request pursuant to Section 36.14.030.D for relief from the standards in Article 20.

Down drain. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility.

Drainage. Refers to the collection, conveyance, containment, and/or discharge of stormwater runoff.

Drainage alteration. Construction or modification of any drainage facility or system.

Drainage alteration area. The area subject to agricultural drainage.

Drainage facility. A constructed component of a drainage system.

Drainage system. Constructed and/or natural features that work together to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat, or filter stormwater runoff, including detention and retention basins, overland flow paths, pipes, channels, and the inlets and outlets to these features.

Earth material. Any rock or natural soil or combination thereof.

Embankment. A fill consisting of a deposit of soil, rock, or other materials mechanically placed.

Erosion. The process by which soil particles are detached and transported by the actions of wind, water, or gravity.

Excavation. The removal of earth material by artificial means, also referred to as a cut.

Existing grade. The grade prior to agricultural grading.

Existing slope. The slope prior to vineyard or orchard new development or replanting or agricultural grading.

Fill. The deposition of earth material by artificial means. Fill does not include soil amendment and fertilizing materials.

Final planting work. The work undertaken as part of the final phase of new vineyard or orchard development, including laying out of vineyard or orchard blocks and vine or tree rows, construction or modification of aboveground vineyard or orchard infrastructure, planting of grapevines or orchard trees, and other similar work.

Final replanting work. The work undertaken as part of the final phase of vineyard or orchard replanting, including laying out of vineyard or orchard blocks and vine or tree rows, construction or modification of aboveground vineyard or orchard infrastructure, planting of grapevines or orchard trees, and other similar work.

Finished grade. The grade at the conclusion of all agricultural grading efforts.

Flood Management Design Manual. The Flood Management Design Manual, Sonoma County Water Agency, latest edition.

Flood-prone urban area. The area within the boundaries defined on the north by River Road; on the west by the easterly boundary of the Laguna de Santa Rosa to its intersection with Highway 12 and continuing with the easterly limit of the city of Sebastopol to Highway 116; on the south by Highway 116 to its intersection with Old Redwood Highway then south to East Cotati Avenue and east to its intersection with Petaluma Hill Road; and on the east by Petaluma Hill Road, north to Highway 12 then west to Highway 101 and north to River Road.

Focused species assessment. A report prepared by a professional biologist in compliance with department guidelines to identify and evaluate critical habitat, listed species, and waterbodies present on a site.

General plan. The Sonoma County General Plan.

Geologic hazard. Slope instability, landsliding, fault displacement, liquefaction, flooding, subsidence, differential settlement, expansive soil, creeping soil, or other similar geologic condition, either mapped or observed in the field.

Geologic report. A report prepared by a professional geologist in compliance with department guidelines to be utilized in the planning, design, construction, and maintenance of new vineyard or orchard development or vineyard or orchard replanting.

Geotechnical engineer. A civil engineer licensed by the state to practice geotechnical engineering.

Geotechnical report. A soils report prepared by a geotechnical engineer.

Grade. The vertical location of the ground surface.

Grading. An excavation or fill or combination thereof. Grading does not include routine farming practices, such as soil preparation, planting, seeding, and other similar activities.

Grading area. The area subject to agricultural grading.

Grapevine. A perennial grape-bearing vine.

Ground disturbance. Any activity that disturbs or compacts the ground.

Highly erodible soils. Soils in the Diablo, Dibble, Goldridge, Laughlin, Los Osos, Steinbeck, and Suther soil series as mapped by the U.S. Department of Agriculture.

Hobby orchard. Any orchard producing fruit or nuts for non-commercial hobby purposes.

Hobby vineyard. Any vineyard producing wine grapes for non-commercial hobby purposes.

Initial planting work. The work undertaken as part of the initial phase of new vineyard or orchard development, including land clearing, vegetation removal, soil preparation, agricultural grading, construction or modification of vineyard or orchard infrastructure, and other similar work.

Initial replanting work. The work undertaken as part of the initial phase of vineyard or orchard replanting, including removal of existing grapevines or orchard trees, soil preparation, agricultural grading, construction or modification of vineyard or orchard infrastructure, and other similar work.

Invasive plant species. A plant species that has a rating of moderate or higher level of invasiveness on the most recent California Invasive Plant Council Invasive Plant Inventory. Examples of invasive plants include Himalayan blackberry (Rubus armeniacus), giant reed (Arundo donax), salt cedar (Tamarix sp.) and star thistle (Centaurea solstitialis).

Irrigation system. Equipment and facilities installed to apply water for irrigation and frost protection, including water source, water distribution network, control components, emission devices, and other irrigation equipment.

Key. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope.

Lake. A permanent natural body of water, or an artificially impounded body of water, isolated from the sea, with at least one (1) acre of open water of sufficient depth and permanency to prevent complete coverage by rooted aquatic plants

Land clearing. The removal of trees, stumps, brush, rocks, and other obstacles from an area.

Landscape architect. A person licensed by the state to practice landscape architecture.

Level I new development. See Table 36-1.

Level II new development. See Table 36-1.

Level I replanting. See Table 36-2.

Level II replanting. See Table 36-2.

Licensed professional. An architect, civil engineer, landscape architect, professional forester, or professional geologist.

Listed species. Any plant or animal species protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.) or the state Fish and Game Code.

Local coastal program. The Sonoma County Local Coastal Program.

Low-impact vineyard replanting. Vineyard replanting where the replanting area was developed or previously replanted in compliance with this chapter or former provisions of this code regulating new vineyard development and vineyard replanting, no deep ripping is conducted, vine row orientation and vine spacing are not changed, and the existing vineyard infrastructure was lawfully constructed and is not modified.

Low-impact vineyard replanting registration. See Section 36.08.010.

Ministerial permit application. A permit application that does not include a request pursuant to Section 36.14.030.D for relief from the standards in Article 20.

MS4 permit. A Municipal Separate Storm Sewer Systems National Pollutant Discharge Elimination System Permit.

New orchard development. The planting of a new orchard, increasing the footprint of an existing orchard, or replanting all or part of an existing orchard that does not qualify as orchard replanting, as defined herein.

New planting area. The area subject to new vineyard or orchard development.

New vineyard development. The planting of a new vineyard, increasing the footprint of an existing vineyard, or replanting all or part of an existing vineyard that does not qualify as vineyard replanting, as defined herein.

New vineyard and orchard development permit. See Section 36.04.010.

Non-cohesive soil. Soil where the particle size of the smaller than 2 mm fraction of the soil is coarser than Loam as defined by the Natural Resources Conservation Service soil texture classification scheme.

Orchard. A planting of orchard trees. Land devoted to the cultivation of such a planting.

Orchard infrastructure. The agricultural road network, drainage system, irrigation system, and other basic facilities and systems needed for the operation of an orchard.

Orchard replanting. The replanting of all or part of an existing orchard where the orchard is under active cultivation and the footprint of the area to be replanted is not increased.

Orchard tree. A fruit- or nut-bearing tree.

Permit. A permit required by this chapter.

Permit application. An application for a permit required by this chapter. Permit Holder. The property owner. See Section 36.16.020.C. Permittee. The permit holder or an authorized agent of the permit holder.

Person. Any individual, firm, partnership, corporation, company, association, joint stock association; city, county, state, or district; tribe; and includes any trustee, receiver, assignee, or other similar representative thereof.

Pit. An earthen excavation designed to store water.

Pond. A body of still freshwater smaller than a lake, often artificially impounded.

Professional biologist. A person 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 person must have specialized skills and training and any required licenses/permits/certifications specific to the study being conducted (e.g., general botany and plant ecology, wetland ecology and delineation, and wildlife habitat knowledge for biotic resource assessments and focused species assessments, wetland ecology and delineation for wetlands reports, applicable permits to handle special status species for presence/absence surveys).

Professional forester. A person licensed by the state to practice forestry.

Professional geologist. A person licensed by the state to practice geology.

Public agency. Any state or federal agency, any city, county, or special district.

Qualifying rain event. Any weather pattern that is forecasted by the National Weather Service to have a fifty percent (50%) or greater chance of producing one-half inch (½") or more precipitation on a site within a 48hour or greater period between rain events.

Rain event. Any weather pattern producing precipitation.

Rainy season. The period of the year during which there is a substantial chance of precipitation. For the purposes of this chapter, the rainy season is defined as starting on October 1 and ending on April 30.

Registered environmental health specialist. A person licensed by the state to practice as an environmental health specialist.

Registration. A registration required by this chapter.

Registrant. The registration holder or an authorized agent of the registration holder.

Registration holder. The property owner. See Section 36.16.030.B.

Replanting area. The area subject to vineyard or orchard replanting.

Reservoir. A water storage structure made by constructing a dam, embankment, or pit with an impermeable liner such as clay or synthetic material.

Ridgetop. A relatively flat topographic divide above divergent and descending slopes where one (1) or more of the descending slopes has an existing slope greater than fifty percent (50%) for more than fifty feet (50') in slope length.

Sediment. Solid particulate matter, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level.

Setback area. The area within a setback required by Section 36.20.080, 36.20.090, 36.20.100, 36.20.110, or 36.20.120.

Site. All or part(s) of a parcel or adjoining parcels under single ownership or control where new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage is performed or permitted.

Slope. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance (e.g., 2:1) or as a percentage [e.g., fifty percent (50%)]. Slope shall be calculated using a method acceptable to the agricultural commissioner.

Soil amendment and fertilizing materials. Organic and in-organic substances applied to the existing soil to improve physical properties of the soil or increase available nutrients in the soil. Soil amendment and fertilizing materials include commercial fertilizers, agricultural minerals such as gypsum and lime, pumice, straw, and manure.

Soil preparation. Deep ripping, chisel plowing, field cultivating, disking, plowing, harrowing, cultipacking, rototilling, application of soil amendment and fertilizing materials, and other similar activities.

Soils engineer. A civil engineer experienced in the practice of soils engineering.

Soils report. A report prepared by a soils engineer that contains not less than the following:

1.

The nature and distribution of existing soils.

2.

Conclusions and recommendations for grading procedures.

3.

Soil design criteria for any structures or embankments required to accomplish the proposed grading.

4.

Where necessary, slope stability studies, and recommendations and conclusions regarding site geology.

Special flood hazard area. Any area designated by the Federal Emergency Management Agency as subject to flooding by the one-percent annual chance flood (100-year flood).

State CEQA Guidelines. California Code of Regulations, title 14, section 15000 et seq.

Stormwater runoff. Surface runoff generated by a rain event.

Stream. Any natural or modified channel with bed and banks containing flowing water or showing evidence of having contained flowing water, such as deposit of rock, sand, gravel, or soil. Stream includes creeks and rivers.

Surface runoff. Any water that flows over the land surface.

Terrace. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes.

Tree. A woody perennial plant, typically large with a well-defined stem carrying a definite crown, with a minimum diameter at breast height of five inches (5"), and a minimum height of fifteen feet (15').

Tree removal. The removal of more than one-half (½) acre of tree canopy in a new planting area.

Tree canopy. The more or less continuous cover of branches formed by the crowns of adjacent trees other than orchard trees.

Trellis system. Structures put in place to support and train grapevines in vine rows, including end posts, T- posts, wire, and other trellis materials.

Tribe. A California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.

Uncultivated land. Land that does not qualify as cultivated land, as defined herein.

Vegetation. All natural, non-cultivated plant life, including the root system, stem, trunk, crown, branches, leaves, and blades.

Vegetation removal. The cutting, breaking, burning, or uprooting of vegetation, the application of herbicide to vegetation, the covering over of vegetation with earth, or the compacting of the soil under and around vegetation. Vegetation removal does not include the removal of invasive plant species.

Vineyard. A planting of grapevines. Land devoted to the cultivation of such a planting. Vineyard Infrastructure. The agricultural road network, drainage system, irrigation system, trellis system, and other basic facilities and systems needed for the operation of a vineyard.

Vineyard and orchard replanting permit. See Section 36.06.010.

Vineyard replanting. The replanting of all or part of an existing vineyard where the vineyard is under active cultivation and the footprint of the area to be replanted is not increased.

Waterbody. See lake, pond, reservoir, and stream.

Watercourse. Any stream, or any artificial channel constructed to facilitate the use of water or convey stormwater runoff.

Wetland. 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 federal and state definitions, whichever definition is more protective shall control.

Wetlands report. A report prepared by a professional biologist in compliance with department guidelines to identify and evaluate wetlands present on a site.

Zoning code. Chapters 26 and 26C of this code.

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