§ 36.04.010. Vineyard and orchard development permit requirements.

A.

Permit required. A vineyard and orchard development permit shall be required prior to commencing any vineyard or orchard development or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection D. A separate vineyard and orchard development permit shall be required for each site.

B.

Designation and performance. Vineyard and orchard development shall be designated as "Level I vineyard and orchard development" or "Level II vineyard and orchard development" in compliance with Table 36-1, and shall be performed as follows:

1.

Level I vineyard and orchard development. Level I vineyard and orchard development shall be performed in compliance with approved plans and specifications prepared by the property owner or the authorized agent of the property owner.

2.

Level II vineyard and orchard development. Level II vineyard and orchard development shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

Table 36-1 Vineyard and Orchard Development Designation

Parameter	Threshold
	Level I Vineyard and Orchard Development	Level II Vineyard and Orchard Development
Natural slope of new planting area having no highly erodible soils	Less than 15 percent	15 to 50 percent
Natural slope of replanting area having no highly erodible soils	Less than 30 percent	30 percent or greater
Natural slope of new planting area having any highly erodible soils	Less than 10 percent	10 to 50 percent
Natural slope of replanting area having any highly erodible soils	Less than 15 percent	15 percent or greater
Natural slope descending below new planting area on ridgetop	Less than 50 percent for more than 500 feet in slope length above a blue-line stream	50 percent or greater for more than 500 feet in slope length above a blue-line stream
Location of new planting area on ridgetop	Not on a designated watershed or sub-watershed divide	On a designated watershed or sub-watershed divide

 

Notes:

1. New vineyard and orchard planting is prohibited on natural slopes greater than fifty percent (50%). See Section 36.18.020.B.

C.

Biotic resource and focused species assessments.

1.

Biotic resource assessment. A biotic resource assessment shall be required for any new vineyard or orchard planting, except where exempted from permit requirements by Subsection D.

2.

Focused species assessment. A focused species assessment shall be required for any vineyard or orchard replanting within a designated critical habitat area, except where exempted from permit requirements by Subsection D.

D.

Exemptions from permit requirements. The following vineyard and orchard development activities are exempt from the provisions of this section and may be conducted without obtaining a vineyard and orchard development permit, provided that these activities shall still be subject to the standards in Article 16 and the best management practices in the department's best management practices for agricultural erosion and sediment control.

1.

Hobby vineyards and orchards. New planting and replanting of hobby vineyards and orchards, where the hobby vineyard or orchard is less than one-half (½) acre in size. This exemption may only be used for one (1) hobby vineyard or orchard per legal parcel. This exemption shall not apply where there is an existing commercial vineyard or orchard on the parcel.

2.

Interplanting grapevines or orchard trees. Interplanting young grapevines or orchard trees among established grapevines or orchard trees, where the existing vineyard or orchard infrastructure is kept intact.

3.

Low-impact vineyard replanting. Vineyard replanting within the Santa Rosa Plain Groundwater Subbasin, where the replanting area has a natural slope of less than five percent (5%), no deep ripping is conducted, and the existing underground vineyard infrastructure and trellis system end posts are kept intact. This exemption is a pilot program. This exemption shall remain in effect only until December 31, 2019, and as of that date is repealed.

4.

Replacing individual missing, dead, or diseased grapevines or orchard trees. Replacing individual missing, dead, or diseased grapevines or orchard trees, where less than one-half (½) acre of contiguous grapevines or orchard trees is replaced and the existing vineyard or orchard infrastructure is kept intact.

(Ord. No. 6219 , § II(Exh. B), 12-19-2017)