Fontana Municipal Code Art. XIII Resource Extraction

(a) This article is designed to regulate the extraction and utilization of rock, gravel, sand, clay and similar materials consistent with the requirements of the State of California Surface Mining and Reclamation Act of 1975 (Public Resources Code § 2710 et seq.); Public Resources Code § 2207 (relating to annual reporting requirements); the State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice contained in the California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, Subchapter 1, Section 3500 et seq.; and the City of Fontana general plan.

(b) The City recognizes that the extraction of minerals, while necessary to meet the needs of society, may also have adverse environmental and aesthetic effects. The City also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and societal conditions are significantly different and that the reclamation operations and standards may vary accordingly. As a result, this article establishes minimum procedures and standards for development of resources extraction sites and associated uses necessary to guarantee that:

(1) The intended use of land resources will not result in a public nuisance through the creation of hazardous or detrimental environmental or aesthetic conditions on both the extraction site and areas surrounding the extraction site.

(2) The most efficient use is made of available land resources.

(3) All adverse environmental impacts of resource utilization are mitigated or reduced to a level of insignificance.

(4) Reclamation of mined lands may be assured throughout the life of the extractive use.

(5) The mining operations result in landforms suitable to adaptive reuse for uses such as parks, open space, water reclamation, housing development or other alternative land uses.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandonment means cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this Code.

Commercial extraction operation means the removal or displacement of rock, gravel, sand, clay or similar materials conducted for financial gain.

Department means the Community Development Department of the City of Fontana.

Director means the Director of Community Development of the City of Fontana or the authorized representative.

Division means the Planning Division of the City of Fontana.

Land resource means the general land form (basic geologic structure), the soil types and their associated constraints to land use, and underlying mineral resources.

Minerals means any naturally occurring chemical element or compound, or other groups of elements and compounds, formed from inorganic processes and organic substances.

Mining means the process of obtaining rock, gravel, sand, clay or similar materials from an open excavation in the earth for financial gain, including the removal of minerals extracted by underground methods.

Operator means the person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or the operation being conducted upon the site.

Overburden means soil, rock, or other materials that lie above a mineral deposit, or in between deposits, before or after their removal by surface mining.

Owner means a person who owns a site upon which a pit is located or upon which mining, quarrying, or commercial extraction operations are being conducted, have been conducted or may be conducted.

Permit means any permit issued pursuant to the provisions of this Code, together with the application for same, the conditions upon which it was issued, and any plans, specifications, reports, and approved modifications pertaining thereto.

Person means any person to whom a permit is issued pursuant to this Development Code.

Permittee means any individual firm, association, corporation, joint venture composed of individuals, or any other group or combination acting as a unit.

Pit means any excavation or depression or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted, or quarried.

Planning Manager means the Planning Manager of the City of Fontana.

Quarrying means the process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.

Reclamation means the process of land treatment that minimizes water degradation, air pollution, damage to aquatics or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures.

Settling basin means an area devoted to the storage of waste residue.

Site means a lot or parcel of land, or a series of contiguous or adjacent lots or parcels of land, described by a lease or similar document upon which commercial extraction operations are being or may be conducted, and which is authorized by a permit.

Slope means the exposed surface of an excavation or fills which forms an incline.

Surface mining operations mean all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials and their recovery.

Ultimate right-of-way means the right-of-way shown as ultimate on an adopted precise plan of highway alignment, or street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the above case shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of streets. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.

The provisions of the Surface Mining and Reclamation Act (hereinafter referred to as "SMARA," codified in Public Resources Code § 2710 et seq., Public Resources Code § 2207, and the state regulations (Cal. Code of Regulations § 3500 et seq.), as those provisions and regulations may be amended from time to time, are made a part of this article by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this article are more restrictive than the correlative state provisions, this article shall prevail.

No person shall conduct an operation for the mining, extraction or removal of any land resource within the City of Fontana without first obtaining a resource extraction permit ("resource extraction permit") which incorporates a reclamation plan ("resource reclamation plan") for such operation and financial assurances for the reclamation. Any applicable exemption from these requirements does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the City of Fontana, including, but not limited to, the application of the California Environmental Quality Act (CEQA), the City of Fontana's environmental laws and guidelines, requirements for site approvals or other permits, the payment of development impact fees, or the imposition of other dedications and exactions that may be permitted under the law.

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.

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.

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.

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.