§ 36.02

This chapter shall be known and may be cited as the Sonoma County New Vineyard and Orchard Development, Vineyard and Orchard Replanting, and Agricultural Grading and Drainage Regulations. This chapter may also be referred to and cited as the Sonoma County Vineyard and Orchard Erosion and Sediment Control Ordinance or VESCO.

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

This chapter is enacted for the purpose of regulating new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage in the unincorporated area of the county, and to establish ministerial standards for those activities that:

A.

Protect the public health, safety, and welfare of the county;

B.

Minimize hazards to life and property;

C.

Protect against erosion, and the pollution of watercourses with soil and other pollutants;

D.

Maintain natural and existing drainage patterns;

E.

Protect aquatic resources and wildlife habitat; and

F.

Promote water conservation and groundwater recharge.

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

This chapter shall be administered under the direction of the board of supervisors, by and through the agricultural commissioner.

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

A.

Compliance required. The provisions of this chapter shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage occurring in the unincorporated area of the county. The permit requirements in this chapter shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, unless exempted from permit requirements by Section 36.04.010.D, 36.06.010.D, 36.10.010.C, or 36.12.010.C. The registration requirements in this chapter shall apply to all low-impact vineyard replanting. 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 shall apply to all new vineyard and orchard development, vineyard and orchard replanting, and agricultural grading and drainage, regardless of whether a permit or registration is required by this chapter.

B.

Liability. Nothing in this chapter, nor the issuance of a permit or registration pursuant to this chapter, nor compliance with the provisions of this chapter or with any permit conditions, shall relieve any person from responsibility for damage to other persons or property, or impose any liability upon the county, its officers, agents, or employees, for damage to other persons or property.

C.

Relationship to other laws. The provisions of this chapter are not intended to and shall not be construed or given effect in a manner that conflicts with state or federal law, or interferes with the achievement of state or federal regulatory objectives. The provisions of this chapter shall be interpreted to be supplementary to

and compatible with state and federal enactments, and in furtherance of the public purposes those enactments express. Compliance with the provisions of this chapter, however, does not ensure compliance with state and federal requirements. Further, the provisions of this chapter are not intended to and shall not be construed or given effect in a manner that supersedes other provisions of this code. Where another provision of this code establishes a stricter requirement than a provision of this chapter, that stricter requirement shall prevail.

D.

Other permits. Nothing in this chapter shall eliminate the need for any person undertaking any new vineyard or orchard development, vineyard or orchard replanting, or agricultural grading or drainage from having to obtain any other permits, approvals, or authorizations required by this code or state or federal agencies.

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

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)

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)