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

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)

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)

A.

Time limits.

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.

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.

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.

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:

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.

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.

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)

All work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit, or low-impact vineyard replanting registration, is required shall be subject to the following requirements.

A.

Pre-construction consultation. The permittee or registrant and the agricultural commissioner shall have a pre-construction consultation prior to the commencement of the work.

B.

Responsibility for the work.

Permitee. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications.

Registrant. The registrant shall be responsible for ensuring that the work is performed in compliance with the standards in Article 20.

C.

Notification of change in ownership. The permittee or registrant shall notify the agricultural commissioner of any change in ownership of the site prior to completion of the work.

D.

Inspection. The work shall be subject to inspection as required by the agricultural commissioner. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or other provisions of this code. Inspections presuming to give authority to violate or cancel the provisions of this chapter or other provisions of this code shall not be valid.

Site access. The permittee or registrant shall provide adequate access to the site for inspection by inspectors designated by the agricultural commissioner during the performance of all work and for a minimum of three (3) years after final inspection.

Special inspections and certifications. The agricultural commissioner may require special inspections and certifications to verify proper completion of the work.

a.

Type of inspections and certifications. Special inspections and certifications may include requiring: the permittee or registrant to provide a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultants to perform inspections of work in progress and to certify the proper completion of work; inspection and testing by an approved testing agency; or the submittal of periodic progress reports.

b.

Notification of noncompliance. Where the use of a civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant is required, these personnel shall immediately report in writing to the agricultural commissioner and the permittee or registrant any instance of work not being done in compliance with this chapter, other applicable provisions of this code, 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 shall also provide recommendations for corrective measures, if determined by the consultant to be necessary.

c.

Transfer of responsibility for approval. If a required civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant is changed during the course of the work, the work shall be stopped until the permittee or registrant notifies the agricultural commissioner in writing of the change and the new consultant notifies the agricultural commissioner in writing of their agreement to accept responsibility for approval of the completed work within the area of their technical competence.

E.

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the agricultural commissioner. If the agricultural commissioner determines that the changes are minor, the changes shall be shown on the as-built plans. If the agricultural commissioner determines that the changes are significant, a request for a modification to the approved plans and specifications shall be filed as provided in Section 36.16.020.D.2.

F.

Protection of utilities. As required by Government Code section 4216.2, the permittee or registrant shall contact the Underground Service Alert (USA) prior to starting any excavation that will be conducted in an area that is known, or reasonably should be known, to contain subsurface utility installations. Contact shall occur at least two (2) working days, but not more than fourteen (14) calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

G.

Stop work orders. The agricultural commissioner may order that any work performed contrary to the requirements of this chapter, other applicable requirements of this code, the approved plans and specifications, or any permit conditions, or any work that has otherwise become hazardous to property or the public, be immediately stopped. It shall be unlawful and a violation of this chapter for any person to resume work that was ordered to be stopped by the agricultural commissioner, unless the agricultural commissioner has required and the permittee or registrant has agreed to any necessary corrective measures, and the agricultural commissioner has authorized resumption of the work in writing. A violation of a stop work order shall be punishable in compliance with Section 36.28.070.B.

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

A.

Final reports. Upon final completion of all work for which a new vineyard and orchard development, vineyard and orchard replanting, or agricultural grading or drainage permit is required, the agricultural commissioner may require the following plans and reports, supplements thereto, or other documentation, prepared by the appropriate professionals in the format required by the agricultural commissioner. The agricultural commissioner may also require such plans and reports at other stages of the work.

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the agricultural commissioner, parcel drainage patterns with directional arrows, and locations and elevations of all surface and subsurface drainage facilities.

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests.

Declarations about completed work. Declarations by any civil engineer, soils engineer, geotechnical engineer, professional biologist, professional forester, professional geologist, or other consultant required by the agricultural commissioner pursuant to Section 36.18.040.D.2, that all work was done in compliance with the approved plans and specifications and the recommendations of required reports.

B.

Final inspection.

Permit. No permittee shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the agricultural commissioner. The permittee shall notify the agricultural commissioner when the work is ready for final inspection. Final approval shall not be given until all work has been completed in compliance with the approved plans and specifications, and all reports required by Subsection A have been submitted and accepted.

Registration. No registrant shall be deemed to have complied with the provisions of this chapter until a final inspection of the work has been completed and approved by the agricultural commissioner. The registrant shall notify the agricultural commissioner when the work is ready for final inspection. Final approval shall not be given until all work has been completed in compliance with the standards in Article 20.

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