§ 22.52.080. Alternative Review Program.

Note: While the activities under this section are exempted from a grading permit for the purposes of this County's ordinance, the owner and/or applicant should understand that permits may be required by other regulatory agencies, including, but not limited to, the California Department of Fish and Game, Regional Water Quality Control Board, Army Corps of Engineers, U.S. Fish and Wildlife Service, or the California Department of Forestry (Cal Fire). Additionally, grading projects involving work within a state or County right-of-way may require encroachment permit approval.

The applicant may elect to use the Alternative Review Program for those projects in compliance with Subsection B. This process allows an applicant to obtain technical assistance, inspection, and sign-off by either the Natural Resources Conservation Service (NRCS) or the Resource Conservation District (RCD).

An Alternative Review Form shall be completed and submitted to the County to verify that the project qualifies for the Alternative Review Process prior to commencement of any grading activities.

A.

Alternative review program standards.

1.

Grading activities allowed under this section must conform to the minimum requirements to determine exempt status identified in Section 22.52.070A, agricultural exempt standards in Subsections C.1.b, C.1.c, and C.1.d of Section 22.52.070, and the standards in Section 22.52.150.

2.

Within 60 days of County verification that the project qualifies for Alternative Review, the NRCS or RCD shall provide written verification that the project can meet Alternative Review requirements, including compliance with appropriate Field Office Technical Guide (FOTG) management practices. An extension of this period may be approved upon applicant request and agreement by the Director and the NRCS/RCD.

3.

Upon final implementation/installation of appropriate FOTG practices and standard engineering practices, the NRCS/RCD shall submit a project finalization report to the County.

4.

Projects which are not approved for Alternative Review, including projects which do not receive a project finalization report, shall be subject to Section 22.52.190 and Chapter 22.74.

5.

For projects involving roads or ponds, the Agricultural Commissioner's office shall make a written determination that the extent of the existing agricultural use or a proposed agricultural use of the property justifies the need for the road or pond. The Agricultural Commissioner may consider such features as length, width, capacity, and extent of the proposed road or pond in determining whether it is justified.

B.

Projects allowed under the alternative review program.

1.

Hillside Benches. Hillside benches and other appropriate methods for planting orchards and vineyards on slopes over thirty percent.

2.

Rangeland Management Projects. Rangeland management projects involving grading, or removal of more than one acre of vegetation, on lands with slopes in excess of 30 percent. Conducting these activities on lands that have been previously grazed may instead qualify for an exemption as set forth in Section 22.52.070B.11.b.

3.

New agricultural roads. New roads, or expansion to the length or width of existing roads, which provide access to farm fields, pastures, water supplies, outdoor equipment or supply storage areas, livestock grazing areas, fence lines, or an agricultural structure which does not require a county building permit (agricultural exempt structure). New roads shall be the minimum width necessary for the planned agricultural use (generally between 12 and 16 feet in width), consistent with the determination made under Subsection A.5. The road shall not supply access to a habitable structure. Ford crossings (i.e. "Arizona" crossings), as determined to be appropriate by the Agricultural Commissioner, may be included in the construction of new agricultural roads.

a.

Future grading permit required. A grading permit shall be required for the road if it will serve a structure that requires a construction permit. Further, the road shall be required to be improved to meet all then current standards. The permit shall include all of the work that was previously exempt or subject to alternative review.

b.

Qualifying criteria for alternative review. In addition to the criteria in Section 22.52.070A., roads shall meet all of the following:

(1)

Must be located within an Agriculture or Rural Lands land use category. The roads must also be outside of an urban or village reserve line, or within a Residential Rural land use category where the road is to serve an existing agricultural operation as determined by the Agricultural Commissioner's office.

(2)

Shall have properly designed and placed culverts, water bars or other drainage and erosion and sedimentation control features meeting the recommended practices and standards provided by NRCS or RCD. Effective erosion and sedimentation control measures shall be used on all cut and fill slopes in compliance with Sections 22.52.120 and 22.52.150C to protect, restore and revegetate within 45 days after the completion of work or before October 15. This 45 day period may be extended where work is completed earlier in the year and an extension is necessary for rainfall to assist onsite revegetation. Vegetation buffer strips shall be maintained between the road and blue line streams (as applicable) shown on the latest USGS 7-1/2 minute topographic quadrangle to trap sediment before it reaches the stream.

(3)

Have adequate cross-slope for proper drainage and erosion control. Outward sloping roads are encouraged unless infeasible or inappropriate.

(4)

Does not divert drainage onto adjacent properties. Does not discharge or threaten to discharge silt on adjacent properties, roads, sensitive resource areas, or into streams as shown on the latest USGS 7-1/2 minute topographic quadrangle.

(5)

Constructed between April 15 and October 15; unless temporary erosion control is in place and the reseeding is assured to occur in the appropriate months for germination, as approved by a soil erosion specialist.

4.

Ponds, reservoirs, and dams. The following types of projects are eligible for ARP processing:

a.

Drainage basins designed to catch run-off not related to development requiring a County permit. A drainage basin designed to catch run-off relating to development requiring a County permit shall require the issuance of a grading permit in compliance with 22.52.050. Any pond, reservoir, or basin which catches and retains surface drainage or riparian underflow shall have applicable water rights entitlements from the State Water Resources Control Board. Ponds, reservoirs, and dams are subject to the standards in Section 22.52.150F.

b.

Ground-water filled agricultural reservoirs are not eligible for ARP processing.

5.

Streambank protection measures. Streambank protection measures when using NRCS Practices.

6.

Conservation, restoration, and enhancement projects. Soil, water, and/or wildlife conservation or enhancement projects, which do not require permits from a state or federal resource agency, or for which the permitting state or federal agency does not review plans or conduct final inspections.

7.

Trail and recreation enhancements. Trails for agricultural production support activities and recreation enhancements of property. If a land use permit is required under this ordinance to establish a recreational facility, no grading shall occur until the appropriate approvals have been secured.

8.

Waste management systems. Waste management systems for agricultural production and processing uses.

9.

Imbalanced Grading. Any agricultural grading identified in Section 22.52.070, Subsections B.11, B.13, and C which would require the importation or exportation involving over 2,000 cubic yards of fill material.

10.

Exempt uses. At the applicant's option the Alternative Review Program may be used in lieu of exemption for grading projects in compliance with Section 22.52.070 - Subsections B.11, B.12, B.13, and C.

[Amended 1999, Ord. 2863; 2010, Ord. 3188; 2017, Ord. 3345] [22.05.032]