Division 3 — DESIGN AND OPERATION REQUIREMENTS

Sec. 30-943. - Standards for approval of resource extraction permits and resource reclamation plans.

(a)

Resource extraction permits. All resource extraction permits shall comply with the following design and operational requirements:

(1)

Dust control. All quarries, private truck roads connecting quarries, processing plants or stockpiles shall be maintained so as to control dust.

(2)

Setbacks. No excavation activities shall be carried on less than 50-foot from:

a.

The common property line of any parcel of land upon which such uses are conducted;

b.

Any highway or street; or

c.

Any flood control channel, retarding or conservation basin not a part of the proposed mining operation.

(3)

Equipment location. No rock crushing plant or other apparatus for the processing of rock, gravel or sand, except primary excavation operation, shall be located within 300 feet of the boundary line of any residential, commercial or specialized employment zoning districts.

(4)

Slopes. No production from an open pit shall be permitted which creates a finished slope steeper than two feet horizontal to one foot vertical.

(5)

Days and hours of operation.

a.

With the exception of trucking, distribution, sale, loading and unloading of products and materials, and equipment repairs, all crushing and excavating activities permitted shall be limited to the days of Monday through Saturday, inclusive, between the hours of 7:00 a.m. to 10:00 p.m. The Planning Commission may approve additional operating hours where continuous pours of concrete or other special circumstances require extended hours. Such extended hours shall be permitted only after conduct of a public hearing.

b.

Hours of operation outside of those stated above may be permitted, subject to prior notification to the Planning Manager, in the following situations:

1.

Where required by public authorities to protect the public welfare and safety.

2.

Where necessary due to public emergencies.

(6)

Noise. The following noise standards shall be observed during all operations:

Table No. 30-943 Noise Standards Affected Land Use Noise Time (receiving noise) Level Period

Noise standards. No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, either incorporated or unincorporated, to exceed:

1.

The noise standard for that receiving land use (as specified above) for a cumulative period or more than 30 minutes in any hour; or

2.

The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour; or

3.

The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour; or

4.

The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour; or

5.

The noise standard plus 20 dB(A) for any period of time.

If the measured ambient level exceeds any of the first three noise limit categories above, the allowable noise exposure standard shall be increased to reflect said ambient noise level. If the ambient noise level exceeds the fourth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

(7)

On-site parking requirements. On-site parking shall be provided on the site for all equipment and for all employee vehicles. Operations in this zone shall be exempt from all other off-street parking requirements of this Development Code. All off-street visitor and employee parking areas shall be treated and/or constructed in such a manner so as to minimize dust and blowing sand.

(8)

Screening. Extracting and processing operations shall be screened in such a manner that they are not readily visible from public or private streets and surrounding properties. The operator shall install such screening along the perimeter of the visible portion of the parcel being operated or previously mined. The required screen shall have a total height of not less than six feet. Where there is a difference in elevation on the opposite side of the screen, the height shall be measured from the highest elevation. A screen shall consist of one or a combination of the following types:

a.

Walls. Walls shall be required for all operations that are visible from a public or private street, subject to the approval of the Planning Commission. A wall shall consist of concrete, stone, brick, tile or similar type of solid masonry material a minimum of four inches thick.

b.

Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

c.

Planting. Plant materials, when used as a screen, shall consist of dense evergreen plants. They shall be of a kind or used in such a manner so as to provide a continuous opaque screen within 24 months after commencement of operations in the area to be screened. Plant materials shall not be limited to a maximum height. The design shall be prepared by a licensed landscape contractor or a licensed landscape architect.

d.

Intersections. Required screening shall be set back, and shall not interfere with the sight triangle or the line-of-sight, from the point of intersect of:

1.

A vehicular access way or driveway and a street;

A vehicular access way or driveway and a sidewalk; and

3.

Two or more vehicular access ways, driveways or streets.

e.

Installation. Required screening shall be installed prior to commencement of operations in a phased manner so that all operations and excavated sites are continuously screened.

(9)

Posting of signs. Within 90 days after an area has been approved for extract uses, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart, and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "THIS PROPERTY MAY BE USED AT ANY TIME FOR THE EXCAVATION OF ROCK, SAND, GRAVEL OR CLAY, ROCK CRUSHING PLANT OR ANY ASSOCIATED USES." The signs shall be of wood or metal and shall be maintained in legible condition at all times. Such signs shall meet all requirements of the City's Sign Code.

(10)

Maximum permitted depth of excavation. The maximum permitted depth of excavation shall be 150 feet.

(11)

Excavation below water table. No excavation below historic water tables shall be permitted except as approved by the Santa Ana Regional Water Quality Control Board.

(12)

Fencing. Fencing, walls and landscape screening shall be required and maintained in accordance with any permits issued for such fencing, walls and landscape screening.

(13)

Arterial highways. Whenever a property is traversed by a highway shown on a precise plan of highway alignment, the necessary right-of-way for such highways shall not be excavated, and no permanent structures shall be erected to the extent of the width of the right-of-way plus an additional 50 feet on each side thereof.

(14)

Ingress, egress and traffic safety. Access roads to any premises shall be only at points designated on the extraction plan and shall be constructed on a level with the pavement of any public street or highway for a distance of not less than 80 feet there from, and the 80 feet shall be paved. Sight distance shall be provided and so that the line-of-sight shall not be obstructed.

(15)

Drainage.

a.

Surface drainage shall be controlled in a manner meeting the approval of the Director of Community Development, City Engineer, Building Official, or state or local laws to prevent loose material from filling any existing drainage course or encroaching upon adjoining property and improvements.

b.

All provisions to control natural watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge and such provisions shall be subject to review and approval of the City Engineer, Building Official, or state or local laws.

(16)

Removal of buildings and equipment. All buildings, foundations and equipment used in the excavation or processing of land resources or in the administration of the resource extraction operations shall be removed within six months of the termination of activities on the property if the buildings are not to be utilized in conjunction with the reclamation plan.

(17)

Noise and vibration control. All development and equipment for conduct of the uses permitted shall be constructed, maintained and operated in such a manner as to reduce noise and vibration to a level consistent with the City's noise ordinance. Internal combustion engines shall be equipped at all times with exhaust mufflers in good working condition to control excessive noise.

(18)

Air pollution control. All operations shall be conducted in compliance with all the requirements of the South Coast Air Quality Management District.

(19)

Resource reclamation plans. All resource reclamation plans shall comply with the following standards:

a.

Resource reclamation plans shall comply with the provisions of Public Resource Code § 2772 and § 2773 and state regulations contained in the California Code of Regulations §§ 3500—3505. Resource reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards contained in the California Code of Regulations §§ 3700—3713.

b.

The City may impose additional performance standards as part of the review of individual projects, or through the formulation and adoption of city-wide performance standards adopted by separate resolution.

c.

Reclamation activities shall be initiated at the earliest possible time on those portions of mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be conducted on an annual basis, in stages compatible with continuing operations, or upon completion of all excavation, removal, or fill, as may be approved by the City. Each phase of reclamation shall be specifically described in the reclamation plan and shall include (a) the beginning and expected ending dates for each phase; (b) all reclamation activities required; (c) criteria for measuring completion of specific reclamation activities; and (d) estimated costs for completion of each phase of reclamation.

(Ord. No. 1865, § 8(Att. 2), 3-23-21)

DIVISION 4. - PERFORMANCE GUARANTEES

Sec. 30-944. - Statements of insurance and responsibility.

(a)

Before commencing any operation, the operator shall procure public liability insurance with coverages of sufficient amount and term so as to adequately compensate for loss due to either personal injury or to damage to property. Such required insurance shall cover all activities of the operator connected with the uses permitted and shall be kept in full force and effect at all times during such operations.

(b)

The person submitting the reclamation plan shall also sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept on file by the Planning Division in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Division for placement in the permanent record.

all also sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept on file by the Planning Division in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Division for placement in the permanent record.

Sec. 30-945. - Financial assurances.

(a)

To ensure that reclamation will proceed in accordance with the approved resource reclamation plan, the City shall also require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the City and the State Mining and Geology Board as specified in state regulations, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved resource reclamation plan. Financial assurances shall be made payable to the City of Fontana and the State Department of Conservation.

(b)

Financial assurances will be required to ensure compliance with elements of the resource reclamation plan, including, but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

(c)

Cost estimates for the financial assurance shall be submitted to the Planning Division for review and approval prior to the operator securing financial assurances. The Director of Community Development shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The Director of Community Development shall have the discretion to approve the financial assurance if it meets the requirements of this article, SMARA, and state regulations.

(d)

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved resource reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by operator and approved by the Director of Community Development. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved resource reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of any water bodies, and any other applicable element of the approved resource reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

(e)

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or State Department of Conservation may need to contract with a third-party commercial company for reclamation of the site.

(f)

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

(g)

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved resource reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

(h)

Revisions to financial assurances shall be submitted by the operator to the Director of Community Development each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the City of Fontana Planning Division on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

Sec. 30-947. - Inspections.

(a)

The Planning Division shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 30-945, to determine whether the surface mining operation is in compliance with the approved resource extraction permit approval and/or resource reclamation plan, the approved financial assurances, and state regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Director of Community Development. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

(b)

The Planning Division shall notify the State Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted and shall forward a copy of the said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.