§ 36.26.020. 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 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 crop does not include trees regulated by the Z'Berg-Nejedly Forest Practice Act of 1973, Public Resources Code section 4511 et seq.

Agricultural drainage. Any drainage alteration to prepare new cropland or maintain existing cropland. Agricultural drainage does not include drainage alteration for roads, dams, reservoirs, lakes, ponds, or structures.

Agricultural drainage permit. See Section 36.08.010.

Agricultural grading. Any grading to prepare new cropland or maintain existing cropland. Agricultural grading does not include grading for roads, dams, reservoirs, lakes, ponds, or structures.

Agricultural grading permit. See Section 36.06.010.

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. An individual licensed by the state to practice architecture and to use the title, architect.

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 vineyard or orchard development 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.

Assessed wetland boundary. The estimated edge of a wetland identified by a wetland assessment.

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 study prepared by a qualified professional biologist to identify any potential biotic resources present on a site, including aquatic resources, sensitive terrestrial habitats, and/or potential habitat suitable to support listed species. A biotic resource assessment must meet the general requirements specified in the department's guidelines for preparing biotic resource assessments.

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. Public Resources Code section 21000 et seq.

Civil engineer. An individual registered by the state to practice civil engineering and to use the title, civil engineer.

Coastal zone. The portion of the county within the California Coastal Zone, as defined by Public Resources Code section 30103.

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 riparian vegetation. Riparian 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.

Cropland. Land devoted to the production of agricultural crops.

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.

Delineated wetland boundary. The precise edge of a wetland identified by a wetland delineation study.

Department. The Department of Agriculture/Weights and Measures of the county.

Department's best management practices for agricultural erosion and sediment control. The compilation of best management practices adopted or amended by the agricultural commissioner pursuant to Section 36.02.060.

Design discharge. See the Flood Control Design Criteria 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.

Discretionary permit application. A permit application that includes a request pursuant to Section 36.10.030.D for relief from the standards in Article 16.

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

Drainage alteration. Construction or modification of any drainage system.

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.

Engineering geologist. A professional geologist certified by the state as an engineering geologist.

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.

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

Final new planting work. The work undertaken as part of the final phase of new vineyard or orchard planting, 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.

Flood Control Design Criteria Manual. The Flood Control Design Criteria Manual for Waterways, Channels, and Closed Conduits, 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 study prepared by a qualified professional biologist to identify any potential habitat present on a site within a designated critical habitat area suitable to support the listed species for which the critical habitat has been designated, identify potential impacts, and recommend appropriate avoidance measures, if warranted. A focused species assessment must meet the general requirements specified in the department's guidelines for preparing biotic resource assessments, except that the assessment shall only include analysis of the listed species for which the critical habitat has been designated.

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 Hazard Area Combining District. See Article 70 of Chapter 26 and Article XXV of Chapter 26C of this code.

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 land area subject to agricultural grading.

Ground disturbance. Any work, operation, or activity that results in the penetration or compaction of the ground, including land clearing, vegetation removal, soil preparation, agricultural grading, storage of supplies and equipment, use of hand tools, heavy equipment, and heavy trucks, and any other similar activities.

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

Invasive plant species. Any plant species that is not native to an environment, and once introduced, establishes, quickly reproduces and spreads, and causes harm to the environment, economy, or human health. 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, and other vegetation, including grapevines and orchard trees, by any method.

Landscape architect. An individual licensed by the state to practice landscape architecture and to use the title, landscape architect.

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

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 plan. The Sonoma County Local Coastal Plan.

Ministerial permit application. A permit application that does not include a request pursuant to Section 36.10.030.D for relief from the standards in Article 16.

MS4 permit. A municipal separate storm sewer systems national pollutant discharge elimination system permit.

Natural slope. The slope of the ground prior to any soil disturbance. Natural slope shall be determined by measuring the horizontal distance between adjacent contours on a USGS 7.5 minute quadrangle map or other topographic map acceptable to the county with a scale of not less than 1:24000 (one inch (1") = two thousand feet (2,000')) and contour intervals of not more than twenty feet (20'), and then dividing the difference in elevation between the two (2) contours by the measured horizontal distance. The horizontal distance shall be measured perpendicular to the contours.

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

New planting. See new vineyard planting or new orchard planting.

New planting area. The land area subject to a new vineyard planting or new orchard planting.

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

Non-cohesive soil. Soil where the particle size of the smaller than two millimeter (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 development. Any new orchard planting or orchard replanting.

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

Orchard replanting. The replanting of an existing orchard where the orchard is under active cultivation, no orchard trees are removed prior to the issuance of a vineyard and orchard development permit, unless the replanting is exempt from permit requirements, and the footprint of the orchard is not increased.

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

Permit application. An application for a permit required by this chapter.

Permit holder. The owner of the site. See Section 36.12.020.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. An individual 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 individual must have specialized skills and appropriate licenses/permits/certifications specific to the study being conducted (e.g., general botanical, wetland, and wildlife habitat knowledge for biotic resource assessments and focused species assessments, applicable permits to handle special status wildlife species for presence/absence surveys, and certification by the U.S. Army Corps of Engineers in wetland delineation for wetland assessments and wetland delineation studies).

Professional geologist. An individual registered by the state to practice geology and to use the title, professional geologist.

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 48-hour 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. An individual registered by the state to practice as an environmental health specialist and to use the title, registered environmental health specialist.

Registered professional forester. An individual licensed by the state to practice forestry and to use the title, registered professional forester.

Replanting. See vineyard replanting or orchard replanting.

Replanting area. The land area subject to a vineyard replanting 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 a natural slope greater than fifty percent (50%) for more than fifty feet (50') in slope length.

Riparian vegetation. Plant communities contiguous to and affected by surface and subsurface hydrologic features of water bodies (rivers, streams, lakes, or wetlands) that have one (1) or both of the following characteristics: (1) distinctly different vegetative species than adjacent areas, and (2) species similar to adjacent areas but exhibiting more vigorous or robust growth forms. Riparian vegetation is usually transitional between wetland and upland.

Road. Any public or private road.

Santa Rosa Plain Groundwater Subbasin. The Santa Rosa Plain Groundwater Subbasin, as designated by the California Department of Water Resources in Bulletin 118 (Groundwater Basin No. 1-55.01).

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 Sections 36.16.070 through 36.16.120.

Site. All or part of a parcel or adjoining parcels under single ownership or control where vineyard or orchard development or agricultural grading or drainage is performed or permitted; considered a unit for the purposes of this chapter.

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%)).

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 disturbance. Any alteration to the natural surface of the ground through the use of construction equipment, tractors, or other mechanized equipment.

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 and knowledgeable in the practice of soils engineering.

Soils engineering. The application of the principles of soils mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and the inspection or testing of the construction thereof.

Soils report. A soils report prepared by a soils engineer, which identifies the nature and distribution of existing soils; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, 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 (1%) 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 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 within 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.

USGS 7.5 Minute Quadrangle Map. The 7.5 minute series United States Geological Survey quadrangle map most recently published.

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 removal of invasive plant species.

Vegetative filter strip. An area seeded to close growing or sod forming grasses, designed to filter out soil and other pollutants carried in stormwater or waste water.

Vineyard. A planting of grapevines. Land devoted to the cultivation of such a planting.

Vineyard and orchard development permit. See Section 36.04.010.

Vineyard development. Any new vineyard planting or vineyard replanting.

Vineyard infrastructure. The drainage system, irrigation system, trellis system, and other basic facilities and systems needed for the operation of a vineyard.

Vineyard replanting. The replanting of an existing vineyard where the vineyard is under active cultivation, no grapevines are removed prior to the issuance of a vineyard and orchard development permit, unless the replanting is exempt from permit requirements, and the footprint of the vineyard is not increased.

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

Wetland. Land transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. A wetland must have one (1) or more of the following three (3) attributes in the Coastal Zone, and two (2) or more of the following three (3) attributes in all other parts of the unincorporated area of the county:

1.

At least periodically, the land supports predominantly hydrophytes (plants specifically adapted to live in wetlands).

2.

The substrate is predominantly undrained hydric soil.

3.

The substrate is saturated with water or covered by shallow water at some time during the growing season of each year.

Wetland assessment. A study prepared by a qualified professional biologist to identify and approximately map the boundary of wetlands on a site, conduct an assessment of the condition of the wetlands, and recommend an appropriate setback and management practices for the setback area. A wetland assessment must meet the general requirements specified in the department's guidelines for preparing wetland assessments.

Wetland delineation study. A study prepared by a qualified professional biologist to identify and precisely map the boundary of wetlands on a site and recommend appropriate management practices for the setback area. A wetland delineation study must meet the general requirements specified in the department's guidelines for preparing wetland delineation studies.

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

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