Article 6 — Resource Extraction Overlay District

(a)

The specific purpose of the Resource Extraction Overlay District is to:

(1)

Recognize the historic and economic importance of the resource extraction industry and ensure that resources that have been historically extracted in the region can continue be utilized without having to compete with incompatible uses;

(2)

Clearly indicate the areas of the City designated for resource extraction operations, businesses and industries;

(3)

Discourage the introduction of residential uses and other incompatible uses in this area, due to existing environmental and infrastructural constraints;

(4)

Preserve a safe and healthy environment for the community by requiring adequate protection measures and controlling uses within the Resource Extraction Overlay District.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

Boundaries. The Resource Extraction Overlay District is divided into northern and southern sections. The locations and boundaries of these areas are described as follows:

(1)

The boundaries of the larger northern area of the Resource Extraction Overlay District are as follows:

a.

Western boundary: Beginning South from the intersection of West Gale Avenue and West Tractor Avenue, follows West Tractor Avenue until its terminus and continuing south along South Monterey Avenue until just south of its intersection with Cambridge Avenue;

b.

Northern boundary: East from the intersection of West Gale Avenue and West Tractor Avenue. Continues into the Coalinga city limits;

c.

Eastern boundary: From the eastern point of the northern boundary, the boundary crosses through the northwestern-most parcel within the sphere of influence. Follows the boundaries of the parcel containing the old Coalinga Municipal Airport along the northern and eastern edges of this parcel until its southern-most point;

d.

Southern boundary: Approximate to the southern boundary of the old Coalinga Municipal Airport and City limits until connection with the western boundary near the intersection of South Monterey Avenue and Cambridge Avenue;

(2)

The boundaries and location of the smaller southern portion of the Resource Extraction Overlay District is within the boundaries of a parcel, located south of West Lucille Avenue and west of West Elm Avenue. This section of the Resource Extraction Overlay bounded to the north, south, and west by the sphere of influence.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

The following uses shall occur in the Resource Extraction Overlay District and are not permitted elsewhere in the City:

(1)

Traditional extraction activities related to the extraction of fossil fuels such as oil and coal, and aggregate products such as sand, gravel, and other metals and minerals.

(2)

Drilling, production, handling, processing, storage, extraction and removal of oil, gas and other hydrocarbons, including the necessary compressors and other structures and buildings in connection with such operations.

(3)

Mining, production, handling, processing, storage, extraction and removal of rock, aggregate, precious metals, sand and other similar materials, including but not limited to structures and buildings in connection with the operation.

(4)

New and proposed modifications to structures and equipment associated with the above uses.

(b)

All proposed projects require approval per the provisions of Chapter 6, Code Administration, of this title, as well as a development permit approved by the State, consistent with all requirements of the Surface Mining and Reclamation Act (SMARA) of 1975, Cal. Public Resources Code §2710, et seq. regulations, and the applicable level of environmental review, depending on project scope.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

No development is permitted in the Resource Extraction Overlay District, except for industrial uses compatible with resource extraction activities listed in Section C, Permitted Uses, of this article.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)

(a)

All permitted uses shall follow the statutes set by the Surface Mining and Reclamation Act of 1975 (SMARA) and associated regulations. The statutes are referenced and listed as follows:

(1)

Surface Mining and Reclamation Act of 1975 (SMARA), Cal. Public Resources Code, Division 2, Chapter 9, Section 2710 et seq;

(2)

Annual Reporting Requirements and Reporting Fee, Cal. Public Resources Code, Division 2, Chapter 2, Section 2207;

(3)

Site Inspections Conducted by the Department of Conservation, Cal. Public Resources Code, Division 2, Chapter 2, Section 2208;

(4)

Purchase and Use of Mined Materials by State and Local Agencies, Cal. Public Contract Code, Division 2, Part 2, Chapter 2, Sections 10295.5 and 20676;

(5)

Liability Limitations for Remediation/Reclamation of Abandoned Mines.

(b)

All mining activity shall abide by the Surface Mining and Reclamation Act (SMARA) Regulations, referenced in the California Code of Regulations, Title 14, Division 2, Chapter 8, Subchapter 1. Articles of the SMARA Regulations are as follows:

(1)

Article 1. Surface Mining and Reclamation Practice;

(2)

Article 2. Areas Designated to be of Regional Significance;

(3)

Article 4. Designation Appeal Procedures;

(4)

Article 5. Reclamation Plan Appeals;

(5)

Article 6. Mineral Resource Management Policies;

(6)

Article 7. Financial Assurances Appeal Procedures;

(7)

Article 8. Fee Schedule;

(8)

Article 9. Reclamation Standards;

(9)

Article 11. Financial Assurance Mechanisms;

(10)

Article 11.5. Forfeiture of Financial Assurance;

(11)

Article 12. Administrative Penalty Petition Procedures;

(12)

Article 13. Selection of Professional Service Firms;

(13)

Article 14. Appeals of Orders to Comply with the Surface Mining and Reclamation Act of 1975;

(14)

Article 15. Vested Rights Determination.

(Ord. No. 776, § 1(Exh. A), eff. 9-5-2014)