Sec. 30-935. - Applicability of article.

The provisions of this article shall not be generally applicable to the following:

(1)

Excavations or grading for farming, onsite construction, or restoration of land following a flood or natural disaster.

(2)

Reclamation of lands mined prior to January 1, 1976 and not disturbed since by mining activities.

(3)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(4)

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(5)

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to the all of the following conditions:

a.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law, CEQA and all ordinances and laws of the City of Fontana.

b.

The City of Fontana's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

c.

The approved construction project is consistent with the general plan of the City of Fontana and the applicable zoning designation for the site.

d.

Surplus materials are not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

(6)

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following:

a.

The plant site is located on land designated for industrial or open space uses in the City's general plan.

b.

The plant site is located on land zoned M-1 (Planned Industrial) or M-2 (General Industrial);

c.

None of the minerals being processed are being extracted from the site;

d.

All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976;

(7)

Such operations that the State Mining and Geology Board determines are of an infrequent nature and that involve only minor surface disruption.

(8)

Emergency excavations or grading conducted by the Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters or other emergencies.

Sec. 30-936. - Principal uses.

The following resource extraction uses are permitted subject to the requirements of this article:

(1)

Mining, quarrying and commercial extraction of rock, gravel, sand, clay and similar materials, and the storage, stockpiling, distribution and sale thereof.

(2)

The installation and operation of plants or apparatus for rock crushing, appurtenant screening, blending, washing, loading and conveyor facilities.

(3)

Shops and garages for the repair or maintenance of equipment and warehouses for the storage of equipment or supplies as are necessary for the conduct of the uses permitted.

(4)

Offices for the conduct of the uses permitted.

(5)

Truck scales and loading facilities.

Sec. 30-937. - Accessory uses during resource extraction.

The following uses may be permitted where such uses are accessory to an approved resource extraction operation under this article:

(1)

Manufacture of concrete products and pre-stressed structural units.

(2)

Concrete batching plants.

(3)

Mixing and processing facilities for Portland cement or asphaltic concrete.

Sec. 30-938. - Uses following reclamation.

The following uses may be permitted where such uses are accessory to an approved resource reclamation operation under this article:

(1)

Public or private parks and recreation areas and appurtenant buildings and improvements.

(2)

Sanitary landfill.

(3)

Water recharge and reclamation.

(4)

Flood control or retention facilities in conjunction with a comprehensive flood control program.

(5)

Such other appropriate uses as determined by the Planning Commission.

DIVISION 2. - PERMIT AND APPLICATION PROCEDURES

Sec. 30-939. - Application process.

(a)

Generally. Applications for a resource extraction permit or resource reclamation plan for surface mining or land reclamation projects shall be accepted only for areas identified as "regionally significant construction aggregate resource areas" on Exhibit CON-1 in the City of Fontana general plan conservation element and in the OS-R (open space resource) general plan land use designation, provided these areas are also zoned for industrial development (M-1 Planned Industrial; M-2 General Industrial). Applications shall be submitted on forms provided by the Planning Division and shall be filed in accordance with this article and any procedures established by the Planning Manager.

(b)

Application information. All documentation for resource extraction permits and resource reclamation plans shall be submitted to the City at one time. The following application information shall be submitted prior to considering a resource extraction permit or resource reclamation plan request:

(1)

A legal description of the entire property to be utilized for extractive use, accessory operations and reclamation, and a detailed plot plan that includes the following:

a.

The boundaries of the entire property drawn to scale and showing contour intervals of not more than five feet, defining the location and showing exterior boundaries of the area to be excavated. The plot plan shall also show the location of any existing structures, easements, watercourses, levees, drainage facilities, underground utilities and roads or improvements adjoining the property.

b.

A vehicular access plan showing all proposed exit routes designed in such a manner as to result in minimum additional vehicular traffic over residential streets.

c.

A topographic map prepared by a registered civil engineer or licensed surveyor or license photometric surveyor, and a complete report of soils and geologic investigation prepared by a registered civil engineer or registered engineering geologist. The topographic map shall be accompanied by a written report setting forth probable volume and depth of overburden and non-usable materials.

d.

A description of the proposed operation in all of its phases, including a phasing plan and schedule showing the approximate start date, the proposed increments of extraction and the sequence in which such increments will be accomplished. The plan shall also show the approximate future locations of any machinery and processing equipment, excluding vehicles that may be moved during the excavation operations. The plan shall also show the location of proposed buildings and structures, processing plants and other appurtenant equipment, areas to be excavated and their approximate depths, storage of topsoil and overburden, stockpiles, points of ingress and egress, driveways, parking areas, and required setbacks, fencing, berms and screen planting. Where operations include the washing of sand and gravel, the estimated daily quantity of water required and its source and disposition shall also be made a part of this description and application materials.

e.

A plan showing the location of proposed protective works, settling basins, desilting ponds and other bodies of water, including a description of the provisions to be taken for the conservation and protection of groundwater, the disposition of drainage and control of erosion.

f.

A statement of the estimated time required to complete the proposed excavation.

g.

An initial study questionnaire and such other environmental documentation that may be required by the City, as outlined in the City's environmental guidelines.

(2)

For resource reclamation plans, as many copies of the application as may be required shall also be submitted in conjunction with all applications for a resource extraction permit. Resource reclamation plan requests shall contain detailed information concerning each of the elements required by state law (Public Resources Code §§ 2772 through 2773), other applicable state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the resource reclamation plan request, including, but not limited to, the following:

a.

A final plan, showing the property as it will be prepared for installation and establishment of the proposed ultimate use;

b.

A phasing plan showing how the area will be incrementally restored to a natural appealing or otherwise usable condition as excavation operations are completed in one area and moved to the next area;

c.

A statement and plan describing the proposed rehabilitation methods and procedures including, but not limited to, the following:

Landscaping plans;

Drainage plans and facilities; and

Slope stability and erosion control plans.

All such plans are to be approved by the Director of Community Development or designee;

d.

An assessment of the effect of implementation of the rehabilitation plan on future mining in the area.

e.

For surface mining operations that are exempt from the resource extraction permit requirements pursuant to this article, a resource reclamation plan shall nevertheless be submitted by the applicant that also includes information concerning the exempt mining activity.