Watsonville Municipal Code Art. 8 Definitions

Unless the context requires otherwise, the definitions set forth in this article and in Chapter 18 of Title 14 of this Code shall be used in the interpretation and construction of this chapter.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Aggrieved person” or “appellant of an appealable coastal permit” shall mean a person qualified to file an appeal of City action on a coastal permit, as defined in Section 30801 of the Public Resources Code of the State. Qualified persons include:

(a) The applicant; and

(b) Any other person who, in person or through a representative appeared at a public hearing held in conjunction with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his or her concerns, or for good cause was unable to do either.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Appealable coastal development” shall mean a development application for a coastal permit which can be appealed to the Coastal Commission, but only for the types of development identified in Section 30603 of the Public Resources Code of the State, as follows:

(a) Developments approved by the City that are located in a sensitive coastal resource area, or within 100' of a stream or wetland a shown on the adapted post-certification coastal zone appeal area maps.

(b) Any development which constitutes a major public works project or a major energy facility.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Agricultural testing facilities” shall mean a development or developments which incorporate, and have the appearance of, farmland or farm structures, are for the purposes of performing agricultural experiments or analysis, and will enhance the overall agricultural productivity of the site, region, or State.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Agricultural viability report” shall mean a report which assesses the viability of parcels as agricultural or grazing units, given existing conditions and proposed development. Viability is considered in terms of many factors, including product marketability, soils, parcel size and any other factors relevant to the particular parcel. The report shall establish a baseline of information to be used to describe the role that each factor plays as a variable influencing the site and surrounding area’s viability for agricultural production. The report is prepared by a consultant according to approved City procedures. In terms of scope, the feasibility analysis should analyze both the site and the larger area’s current and past productivity as an agricultural unit for the preceding five (5) years.

Determination of the feasibility of continued or renewed agricultural use when agricultural land conversion is proposed shall be based upon an evaluation that addresses, and contains, at a minimum, the following elements:

(a) Soils

(1) The identification of all soil types that are found in the area (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(2) Stone index and Capability Classification ratings of all identified soil types (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(3) The expected animal unit month (AUM) yield for each identified soil type (as stated in the most recent Soil Survey published by the United States Department of Agriculture);

(4) The expected net dollar return for crops that are currently cultivated on each soil type;

(5) An identification of crop types that could be potentially grown on each identified soil type, and also the expected net dollar return for such crops;

(6) An identification of soil types used exclusively for grazing;

(7) An identification of agricultural uses in the area that are not dependent upon the soil (e.g., greenhouses), and where identified, a description of their location and nature of operation(s).

(b) Geographic.

(1) The description of factors such as slope, temperature, adequate sunlight, length of growing season, precipitation, soil quality (depth, drainage, capability classification rating, stone index rating, texture, development, unique qualities) affecting agricultural operations in the area;

(2) The description of management techniques that are currently used, or could be used, in order to improve soil quality for agricultural operations;

(3) An identification of agricultural operations that use more than one parcel for production in the area, and where identified, a description of their current practice and average acreage for each individual operation;

(4) A description of the relationship or proximity of agricultural and urban land uses.

(c) Water.

(1) The availability of water in the area;

(2) An identification of the water source;

(3) An identification of whether poor water quality impacts agricultural operations in the area;

(4) The current cost of water.

(d) Access.

(1) Description of whether adequate access to agricultural operations in the area currently exist;

(2) Where access is problematic, an identification of the nature of the conflict; and how the conflict impacts agricultural operation(s).

(e) History.

(1) An identification of the types of agricultural operations that have taken place in the area in the past and where have they occurred;

(2) An identification of how long agricultural operations have been conducted in the area;

(3) An identification of those parcels that have been used for agricultural operations in the area consistently in past, and where applicable an identification of such time periods;

(4) An identification of significant past management practices that have been used in the area in order to affect agricultural yields.

(f) Risk factors.

(1) An identification of whether drought years affect agricultural operations in the area and, if so, what the cost of water is during these periods;

(2) An identification of whether the costs of production and labor are unpredictable for agricultural operations in the area;

(3) An identification of whether commodity prices are consistent or inconsistent from year to year for crops grown in the area;

(4) An identification of whether salt water intrusion into well water supply is an issue, and if so, how it affects agricultural operations in the area;

(5) An identification of whether there is a problem with crop quality in the area;

(6) An identification of whether the agricultural market is volatile for crops grown in the area.

(g) Economics.

(1) An analysis of the gross revenue from the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of the application for coastal development; and

(2) An analysis of the operational expenses excluding the cost of land, associated with the production of the agricultural products grown in the area for the five (5) years immediately preceding the date of the filing of the application for coastal development.

(3) Cost shall be determined by, and consist of, the following variables:

(i) Fixed costs for any given crop are assumed to be constant, regardless of the annual yield. Fixed costs shall include only current costs and shall not speculate on potential future circumstances.

(aa) Land cost (i.e. rent, lease, property tax, etc.) shall not be included into the cost analysis (See Coastal Act Section 30241.5);

(ab) Capital costs including: (1) land improvements (i.e., fences, roads, clearing, leveling, wells and pumps, etc.); (2) equipment (i.e., trucks, tractors, buildings, special equipment (e.g. irrigation), etc.); (3) herd expenses (i.e., payment for bulls and heifers); and (4) miscellaneous expenses. Cost determination must also include depreciation and interest expenses;

(ac) Cultivating cost including operating costs for: (1) labor (i.e., the amount of hours necessary for planting and the rate of pay per hour including benefits); (2) materials (i.e., water, seed, feed supplements, salt, fertilizer, and pesticides); (3) machinery; (4) fuel and repair; and (5) outside consultants (i.e., veterinary and management).

(ii) Variable costs are the harvest costs and are based on the amount of yield only. Depending on the crop yield, variable costs fluctuate for any given year. In most cases, this is expressed as the cost per unit of yield (tons, 100 weight, or pounds).

(4) Gross Revenue shall be determined by and consists of the following variables:

(i) Gross returns for each crop type as detailed in the annual crop report issued by the County Agriculture Commissioner; and

(ii) Past return figures should factor in the appropriate Producer Price Index (PPI) figure in order to account to inflation over time.

(5) Evaluative methods to incorporate the above cost and revenue figures shall include:

(i) Determination of the net economic impact on private and public sectors and, second, a test for agricultural viability. Net economic impact refers to change in dollar flow within the community brought about by a given change in land use. “Net economic impact” equals total public revenues minus total public costs, plus private sector income. This should be computed according to the existing land use, the proposed development, and any viable project alternatives. This may be accomplished through the following process:

(aa) Cost/Revenue analysis that determines public costs associated with conversion of agricultural land and also revenues generated by increases in property tax within the project site. Public service marginal costs should compute the new and/or incremental costs of adding development to the public service system, which includes the cost of capital improvements necessary to accommodate such development. This should also state, and if possible quantify, those costs or externalities not easily accounted for in cost computations. One externality could include the probable change in assessed value of parcels adjacent to the development. Public service revenues are generated by increases in property tax within the project site; and

(ab) Input/Output analysis that looks at the private sector of the areas economy in terms of its purchases and sales to other sector both locally and from outside the area. From this information, multipliers for each sector should be developed. Determination of the input figures will reveal the affect of removing the subject number of acres, for the subject crop, from agricultural production. This will reveal the effect to the private sector economy.

(ii) Determination of the minimum acreage for a viable agricultural operation (farm family approach). In order to determine net income, production costs by crop should be computed on a per acre basis and subtracted from gross market receipts expected from that crop, as detailed in the County Agricultural Commissioner’s annual crop report. The resulting figure represents the farmer’s income per acre of productive land. The per acre income figure should then be divided into the County’s Median Income figure to compute the number of acres required to support a farm family.

(iii) Determination of net return per acre, per crop type, for the area only. By crop type, determine gross revenue per acre for subject crop types as listed in the County Agricultural Commissioner’s annual crop report. Then subtract from gross revenue figures the cost per acre associated with each crop type.

(h) Prime agricultural land determination.

(1) All agricultural land proposed for conversion to nonagricultural use shall be evaluated for a determination of whether it should be categorized as prime or nonprime agricultural land. As defined in the Coastal Act, “prime agricultural land” is “those lands defined in paragraph (1), (2), (3), or (4) of subsection (c) of Section 51201 of the Government Code” (Coastal Act Section 30113). Government Code Sections 51200 through 51296, also known as the Williamson Act, lists the following definitions of prime agricultural land under the applicable four subsections of Section 51201(c):

(i) All land that qualifies for rating as Class I or Class II in the Natural Resource Conservation Service land use capability classifications;

(ii) Land which qualifies for rating eighty (80) through 100 in the Storie Index Rating;

(iii) Land which supports livestock used for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the United States Department of Agriculture;

(iv) Land planted with fruit- or nut-bearing trees, vines, bushes or crops which have a nonbearing period of less than five (5) years and which will normally return during the commercial bearing period on an annual basis from the production of unprocessed agricultural plant production not less than Two Hundred and no/100ths ($200.00) Dollars per acre.

The report shall include maps and photos (air and site photos) of the area being evaluated that, at a minimum, identify the following on all such figures: parcel lines, parcel numbers, farm boundaries, owners and/or lessees of each parcel and/or farm, wells and/or any other water supply lines, Storie ratings, capability classifications, slopes, and roads.

For purposes of this definition, “area” means a geographic area of both the City and County of sufficient size to provide an accurate evaluation of the economic feasibility of agricultural uses for those lands included in the City’s certified local coastal program.

The report shall not be considered complete until it has been submitted to, and found factually adequate by a qualified governmental reviewing authority other than the City. Examples of appropriate reviewing authorities include the Santa Cruz County Agricultural Commissioner, U.S.D.A. Soil Conservation Service, Resource Conservation District, or the Coastal Commission.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988 as amended by § 1, Ord. 1096-00 C-M, eff. October 12, 2000)

“Aquaculture” shall mean the culture and husbandry of aquatic organisms, including, but not limited to, fish, shellfish, mollusks, crustaceans, kelp, and other algae.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Coastal Commission” shall mean the State agency established by State law responsible for carrying out the provisions of the Coastal Act and for the review of coastal permits on appeal from local agencies.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Coastal development” shall mean on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any material; change in the density of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code of the State), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreation use; change in the intensity of use of water, or access thereto; the construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 45511).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Coastal permit” shall mean a permit for any coastal development that is required pursuant to Section 30600(a) of the Public Resources Code of the State, regarding coastal development permits. The administrative use permits and special use permits required by this chapter shall function as coastal development permits.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Ecosystem” shall mean a system formed by the interactions of a community of organisms with their environment (Wildlife Planning Glossary, U.S. Forest Service).

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Emergency” shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Environmentally sensitive habitat” shall mean an area in which plant or animal life or their habitats are rare or particularly valuable because of their special nature or role in the ecosystem. Environmentally sensitive habitats are also areas susceptible to disturbance or degradation by human activities and developments. Examples are riparian corridors and areas of special biological significance identified by the State Water Resources Board; rare and endangered species habitat; all coastal wetlands and lagoons; and all marine wildlife haul-out, breeding, and nesting areas. The Coastal Act limits uses to those which are dependent on such resources; examples include nature education and research, hunting, fishing, and aquaculture.

In the City’s Coastal Zone, environmentally sensitive habitats include, but are not limited to, the freshwater wetlands, wetland-upland transition, and riparian habitat identified on Figure 2 on the City’s certified Coastal Land Use Plan. Also, further investigations may reveal the presence of environmentally sensitive endangered species habitat as identified by the State Department of Fish and Game or by a qualified professional botanist.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Local Coastal Program” shall mean the City program, consisting of land use plans and implementation measures, to implement the State Coastal Act of 1976. The Local Coastal Program has two (2) components: the Local Land Use Plan and the Local Implementation Plan.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Marsh” shall mean a wetlands area or tract of low wet land which is periodically inundated with fresh or saline water characterized by grasses, sedges, cattails, and rushes.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

“Riparian habitat” shall mean an area of vegetation and associated animal species which typically occurs along a freshwater course, wetland, or waterway.

(§ 1, Ord. 789 C-M, eff. December 8, 1988)

“Sensitive coastal resource area” shall include the following identified and geographically bounded areas of vital interest in the Coastal Zone: environmentally sensitive habitat areas, and any archaeologic sites which may be discovered.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)

Typical runoff pollutants describes constituents commonly present in runoff associated with precipitation and irrigation. Typical runoff pollutants include, but are not limited to: paints, varnishes, and solvents; hydrocarbons and metals; non-hazardous solid wastes and yard wastes; sediment from construction activities (including silts, clays, slurries, concrete rinsates, etc.); ongoing sedimentation due to changes in land cover/land use; nutrients, pesticides, herbicides, and fertilizers (e.g., from landscape maintenance); hazardous substances and wastes; sewage, fecal coliforms, animal wastes, and pathogens; dissolved and particulate metals; and other sediments and floatables.

(§ 1, Ord. 1096-00 C-M, eff. October 12, 2000)

“Wetland” shall mean land within the Coastal Zone which may be covered periodically or permanently with shallow water and includes saltwater marshes, fresh water marshes, open or closed brackish water marshes, swamps, mudflats, and fens.

Detailed criteria for identifying coastal wetlands are contained in Appendix C of the City’s certified Coastal Land Use Plan.

(§ 1, Ord. 789-88 C-M, eff. December 8, 1988)