Chapter 4 — QUARRY EXCAVATION STANDARDS

The intent of this Chapter is to provide standards for the extraction of mineral resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

Approved Quarry Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).

(Ord. 2024-18, § 1(Exh. A), 2024)

Any Quarry Excavation Permit approved under the provisions of this Title shall be subject to the following standards:

(a)

Permitted Accessory Uses. Quarry excavations may include the use of equipment, structures, and facilities necessary or convenient for the extraction, processing, storage, and transport of materials, including, but not limited to:

(1)

Separation plants;

(2)

Rock crushers;

(3)

Concrete batching plants;

(4)

Asphalt batching plants; and

(5)

Recycling facilities that recycle material into asphalt concrete, Portland cement concrete, aggregate base, sand, gravel, fill dirt, or other products that are determined by the Director to be common to the aggregate industry.

Permitted Accessory Uses shall not be initiated unless approved by the Review Authority as a part of a new Quarry Excavation Permit or separately approved by the Director as an addition to a previously approved Quarry Excavation Permit. The Director shall require the applicant to submit an Improvement Plan, as provided in Section 9-8-2801, with fees as specified by resolution of the City Council, in order to secure approval for the permitted accessory use.

(b)

Stockpiling. No stockpiled soil or material shall be placed closer than twenty-five (25) feet to a property boundary except as provided for in Subsection (m);

(c)

Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust. The first one hundred (100) feet of any private road on the property which intersects with a publicly maintained road shall be surfaced in a manner approved by the Director. Traffic-control and warning signs shall be installed, if required, at such intersection. The placement and size of these signs shall be approved by the Director of Public Works;

(d)

Erosion Control. Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;

(e)

Performance Standards. Standards contained in Chapter 5 of Division 10 shall be met;

(f)

Hours of Operation:

(1)

Normal Hours. Plant operations shall normally be carried on during the hours from 5:00 a.m. and 9:00 p.m.

(2)

Time Zone. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Savings Time, whichever is legally in effect.

(3)

Exceptions. Exceptions may be made:

(A)

For periods of declared national, state, or County emergency, or

(B)

If a finding can be made by the Review Authority that the longer hours of operation will not cause a nuisance in the case of a specific quarry excavation.

(4)

Extension of Hours. Normal operating hours may be extended if the Director of the Community Development Department determines that the extended hours of operation are necessary to meet the operational need of a specific project, provided:

(A)

Any request for extension in the hours of operations shall be made in writing to the Director of the Community Development Department and include:

(i)

The reason for the extended hours of operation,

(ii)

The hours of extended operation and the day the extended operations are to commence and terminate, and

(iii)

A copy of the bid specifications, contract terms, or other similar applicable documents, if applicable.

(B)

The request shall be approved or disapproved by the Director of the Community Development Department within three (3) business days following the day on which the request is filed.

(i)

If approved, the Director may impose conditions on the extended hours which are appropriate to reduce disturbance to the public or residents in the area of the quarry.

(ii)

Notice of the approval and conditions shall be sent to all property owners in the area.

(C)

The applicant shall reimburse the Community Development Department for all costs associated with the request.

(g)

Replacement of Topsoil. In agricultural areas, the topsoil shall be set aside, and upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the excavation permit. This requirement may be waived if the property is to be rehabilitated for a use other than agriculture which

is consistent with the General Plan, or if a soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property. In such cases, the topsoil may be removed from the site;

(h)

Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County;

(i)

Health Considerations. Quarry excavations shall:

(1)

Not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitos, rodents, or other pests.

(2)

Provide an approved potable water supply for all employees.

(3)

Provide approved toilets for all employees (chemical toilets are acceptable).

(4)

Provide handwashing facilities on or near the approved toilets.

(j)

Setbacks. No excavation shall take place within twenty-five (25) feet of any property line or right-of-way (nor within the allowed slopes adjacent to said twenty-five (25) foot setback), unless the elevation prior to excavation is more than that of the abutting property, in which case the elevation within said twenty-five (25) foot setback shall at no time be less than that of the abutting property, at the property line;

(k)

Slopes. The following provisions do not apply to temporary interior cut slopes (i.e., working slopes that do not fall within any of the criteria listed below). Temporary interior cut slopes shall comply with the Cal OSHA Code of Regulations and/or the Federal OSHA Code of Regulations as applicable.

(1)

Terracing Required. All slopes over fifty (50) feet in height shall be terraced with a maximum vertical distance between terraces of fifty (50) feet. Each terrace or bench shall be a minimum of twelve (12) feet wide.

(2)

Terrace Drainage.

(A)

Drainage plans with calculations shall be submitted for approval to Development Services Division for all terraces as part of the Reclamation Plan.

(B)

Terraces for reclaimed final slopes shall be sloped back towards the fill and be designed such that runoff is directed to collection points where it can enter catch basins and be conveyed via pipes or other acceptable conveyance to the toe of slope. The spacing of collection points shall be no greater than 1,500 feet, with each reclaimed final slope face that has terracing shall have a minimum of one (1) down drain. The method of transporting the water along the flow line of the terrace to the down drain, so as to prevent erosion and possible slope failure, shall be approved by the Development Services Division.

(C)

The method of drainage of terraces for temporary slopes at setback lines shall be submitted to Development Services division for approval.

(3)

Slope Modification Requirement.

(A)

The Review Authority may require slopes flatter than those specified below for safety or aesthetic purposes if the proximity of residential and other urban uses, waterways or roads, the instability of materials, or the surrounding terrain so warrants.

(B)

If after one (1) year or more of extraction the approved slope does not remain stable, the Review Authority shall have the authority to reduce the slope or require other appropriate measures in the immediate area and other areas as deemed necessary in order to correct the condition as well as require the operator to correct the deteriorated slope.

(4)

Slope Stability Factors of Safety. When required in this Title to provide site-specific geologic and engineering slope stability analysis, the following minimum slope stability factors of safety shall apply:

(A)

A minimum factor of safety of 1.5 against static deep seated failure.

(B)

A minimum factor of safety of 1.5 against static surficial failure.

(C)

A minimum factor of safety of 1.1 against seismic failure;

(5)

Temporary Cut Slopes at Setback Lines. Temporary cut slopes (i.e., for limited periods of time, slopes that are in the process of extraction prior to being backfilled) at setback lines shall not exceed one (1) foot horizontal to one (1) foot vertical, except that temporary cut slopes at setback lines to a maximum of onehalf (½) of a foot horizontal to one (1) foot vertical may be maintained if site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed temporary cut slopes will have a minimum slope stability factor of safety as required in Section 9-1415.3(k)(4). However, in the event that there are existing structures on the adjacent property (or the immediate potential for structures on the adjacent property), the excavation shall at not time be closer to the property line than a line projected on a slope of one (1) to one (1) from the property line to the toe of slope.

(6)

Final Slopes. Final cut and/or fill slopes shall not exceed two (2) feet horizontal to one (1) foot vertical, except as specified below:

(A)

Final slopes to a maximum of one and one-half (1½) feet horizontal to one (1) foot vertical may be maintained when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed final slopes will have a minimum slope stability factor of safety as required in Section 9-1415.2(k)(4), while demonstrating suitability for the proposed end use and protecting against erosion (by means of revegetation or other methods approved by Development Services Division).

(B)

Final slopes to a maximum of one (1) horizontal foot to one (1) foot vertical may be maintained under water (beginning five (5) feet below the lowest water table on the property experienced in the preceding three (3) years) when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed saturated slopes will have a minimum slope stability factor of safety as required in Section 9-1415.2(k)(4);

(7)

Fill Slopes. Fill slopes shall be constructed consistent with recommendations from a qualified civil/geotechnical engineer based upon site-specific geologic conditions;

(l)

Fencing. Fencing four (4) feet in height consisting of not less than three (3) strands of barbed wire, or an approved equivalent, shall be placed around the excavation area where slopes steeper than two (2) feet horizontal to one (1) foot vertical are maintained. Six (6) foot high security fencing or an approved equivalent shall be required where slopes steeper than two (2) feet horizontal to one (1) foot vertical are created, if the proximity of such slopes to residential uses or other uses involving a concentration of people so warrants;

(m)

Screening and Landscaping:

(1)

Where an open pit operation is visible from a public road right-of-way or property zoned or shown on the General Plan for residential development, screening consistent with Chapter 6 of Division 10 is required;

(2)

The Review Authority may approve the use of a landscaped berm to screen the pit provided that an adequate setback for maintenance is provided and sight distance at road intersections is not impaired.

(n)

Ponding. All water utilized in the plant operation shall be disposed of behind a closed dike unless an alternative method is approved by the Review Authority;

(o)

Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-854) shall show the phases of excavation. Reclamation on one phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one phase is being reclaimed while one phase is being excavated;

(p)

Time Limitation. The Review Authority may place a time limit on the Quarry Excavation Permit or any phase of the Permit. Absent any specific time limitation, the Quarry Excavation Permit shall remain in effect as long as the excavation continues in compliance with the approved Permit;

(q)

Annual Inspection Reports. The applicant shall pay a fee to the City to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-240.11. The consultant shall be selected by the City of Mountain House. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the City a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Quarry Excavation Permit or the reclamation plan is found;

(r)

Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Quarry Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the City and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The

annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by the Department of Public Works annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "City of Mountain House and the Department of Conservation" under the applicable provisions of the City and the state mining regulations. The financial guarantee shall be callable by the City or the state under the following circumstances:

(1)

The applicant causes the excavation to become idle (as defined in Section 9-1-304) without an approved interim management plan;

(2)

The applicant files for bankruptcy;

(3)

The County or state determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved Permit;

(4)

There arises an occurrence or circumstance which, in the opinion of the City or state, jeopardizes the site reclamation; or

(5)

The State makes one or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.

In any instance that the City or state makes the demand for partial or full tender of the financial guarantee of performance, the City and/or state may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith.

(s)

Exception to Operating Conditions. The Review Authority may grant an exception to any operating condition contained herein, except the requirement of a reclamation plan. A written report will be required to show that such exception will not result in a hazardous condition, the cost of strict compliance would be unreasonable in view of all the circumstances, and such exceptions will not adversely affect the environment, property, or persons in the area. Such request shall be filed with the original or a subsequent application and shall include a complete statement of justification;

(t)

Enforcement. Except as otherwise provided in State Mining Regulations, the City shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the City Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation; and

(u)

Groundwater Conditions. An evaluation of the impact of resource extraction on groundwater conditions shall be required for all quarry excavations which extend to depths below the groundwater level of the uppermost aquifer.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 15. - NATURAL RESOURCES REGULATIONS

CHAPTER 1. - NATURAL RESOURCES REGULATIONS: INTENT AND ORGANIZATION

Division 15 constitutes the Natural Resources Regulations. The intent of this Division is to prescribe regulations for the protection, conservation, and/or managed use of specified natural resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - TREES

The intent of this Chapter is to preserve the City's tree resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to all development projects requiring discretionary approval which have Native Oak Trees, Heritage Oak Trees, or Historical Trees on the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The removal of a Native Oak Tree, Heritage Oak Tree, or Historical Tree shall require an approved Improvement Plan application, as specified in Chapter 28 of Division 8 of this Title, and shall be subject to the provisions of this Chapter, unless exempted by Sections 9-1505.8 or 9-1505.9.

(a)

Heritage Oak Tree, Historical Tree. The removal of a Heritage Oak or Historical Tree shall not be permitted unless the Review Authority finds that one or more of the following situations exists:

(1)

That the removal is in the public interest;

(2)

That the tree interferes with an existing structure, utility service, or road, and no reasonable alternative exists to correct the interference other than removal of the tree;

(3)

That removal is necessitated because the tree is endangering another plant in the area with infection or infestation;

(4)

The removal is necessitated because the tree interferes with the maintenance of flood control facilities.

Replacement of any tree removed under this subsection shall be as specified in Section 9-15-204.

(b)

Native Oak Tree. Removal of a Native Oak Tree shall be permitted subject to an approved Improvement Plan application processed by Staff Review procedure. Replacement of any tree removed under this subsection shall be as specified in Section 9-15-204.

(Ord. 2024-18, § 1(Exh. A), 2024)

Trees removed under the provisions of this Chapter shall be replaced subject to the following requirements:

(a)

Replacement Stock. Replacement stock shall be of healthy commercial nursery stock or acorns, of the species removed or other approved species, and shall be established and maintained for at least three (3) years.

(b)

Location. Replacement trees shall be planted as near as possible to the location of the removed tree or in an alternative location acceptable to the Review Authority.

(c)

Timing. Replacement stock shall be planted between October 1 and December 31, and no later than twelve (12) months after the date of tree removal.

(d)

Number and Maintenance of Replacement Trees. The number and maintenance of replacement stock shall be as follows:

(1)

Each Heritage Oak Tree or Historical Tree that has been removed under the provisions of Section 9-15203(a) shall be replaced with five (5) trees or acorns, or combination thereof.

(2)

Each Native Oak Tree that has been removed under the provisions of Section 9-15-203(b) shall be replaced with three (3) trees or acorns, or combination thereof.

(3)

The applicant shall be required to demonstrate to the satisfaction of the Review Authority that replacement stock will be planted and maintained in such a manner as to ensure that the survival of said stock at the end of a three (3) year period commencing from the date of planting.

(e)

Replanting Security. The Review Authority may require, as a Condition of Approval, the applicant to provide a performance bond or other financial security to replant any replacement tree found not to be alive at the end of the required three (3) year maintenance period. The form of the bond or other financial security shall be found acceptable by the City Attorney and the amount shall be sufficient to cover the City's cost to replant said trees. The Director shall, upon written request of the applicant at the end of the maintenance period, determine the health of the replacement trees and release the security, in the event that all replacement trees are alive. In the event that the replacement trees are not alive, the Director shall use all or part of the security to replant said trees. The applicant may be required to provide additional security to ensure maintenance of said trees for an ensuing three (3) year maintenance period.

(Ord. 2024-18, § 1(Exh. A), 2024)

To protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees from development and construction activity, the following standards shall be applicable unless otherwise specified:

(a)

Grade Changes. Grade changes near or within the dripline of said trees shall comply with the following restrictions:

(1)

No grade changes shall occur within six (6) feet of the trunk of the tree.

(2)

No grade changes shall occur that entail removing or adding more than six (6) inches of soil in the protected zone of the tree.

(3)

Extensive cuts or fills that are necessary beyond the protected zone shall have adequate drainage to mitigate adverse effects caused by changes in grade elevation.

(4)

Any grade changes within the protected zone of the tree shall be accomplished so as to prevent soil compaction and injury to or removal of the tree's roots.

(b)

Fencing. Before grading operations may commence, a minimum five (5) foot high chain link fence or other comparable protective fencing shall be installed at the outermost edge of the protected zone of each tree or group of trees. Fencing, however, to protect trees on slops that will not be graded is not required.

(1)

Fences shall remain in place throughout the entire construction period.

(2)

No material, machinery, or objects of any kind may be stored within the fenced area.

(c)

Trenching. No trenching whatsoever shall be allowed within the protected zone of subject trees. If underground utility lines must be installed within the protected zone, the conduit shall be installed by boring or drilling through the soil.

(d)

Retaining Walls. In cases where retaining walls are required within the protected zone of the tree, the property owner shall complete said improvement before the completion of grading operations and before commencement of any construction.

(e)

Paving. Paving within the dripline of affected trees shall be stringently minimized. If paving is necessary, porous materials such as gravel, loose boulders, and cobbles, brick with sand joints, wood chips, or bark mulch shall be used.

(f)

Exceptions. The Development Constraints in this section shall not apply to normal agricultural practices.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, landscaping beneath Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be subject to the following requirements:

(a)

Nonplant Materials. Nonplant materials such as loose boulders and cobbles, wood chips, or similar materials, may be used under trees.

(b)

Permitted Plants. Only plant species that are tolerant of the natural semi-arid environment of said trees, or the natural environment of Historical Trees, whichever is applicable, shall be permitted under trees.

(c)

Nonplanting Areas. No plants or lawn shall be planted within a ten (10) foot radius of the trunk of any subject tree. Only nonplant materials shall be used within said area.

(d)

Irrigation Systems. Permanent irrigation systems within the protective zone of subject trees shall be limited to bubbler, drip, or subterranean systems only. No irrigation system shall be allowed within a ten (10) foot radius of the trunk of a subject tree.

(e)

Exceptions. The Landscaping Requirements in this section shall not apply to normal agricultural practices.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority may require the opinion of an individual with special expertise in the care and maintenance of Native Oak Trees, Historical Trees, or Heritage Oak Trees in any of its deliberations concerning said trees. The Review Authority shall require the applicant to pay for the cost of obtaining the services of such an individual.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall not apply to:

(a)

Cases of emergency requiring the immediate removal of said trees for the safety of structures or human life, as determined by the Director of the Community Development Department, the Director of Public Works, the Director of Parks and Recreation, or the Chief of the applicable fire district.

(b)

Removals by a public utility that are necessary to protect electric power or communication lines or other property owned by said public utility.

(c)

Removals required for the repair and maintenance of existing roads, flood control facilities, and/or other public facilities. Where flood channels consist of all or portions of natural waterways, the portion to be exempted shall be limited to the watercourses and such portions of the adjacent land area between the levees required to discharge the 100-year flood.

(d)

Removals required by other codes, ordinances, or laws of the City of Mountain House, the State of California, or the United States.

(e)

Trees that are dead or diseased.

(Ord. 2024-18, § 1(Exh. A), 2024)

The prohibition against the removal of Native Oak Trees specified in Section 9-15-203(b) shall not apply to:

(a)

Existing lots containing less than ten thousand (10,000) square feet and an existing residential use; and

(b)

Existing lots containing less than one (1) acre and an existing commercial or industrial use.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - RIPARIAN HABITAT

The intent of this Chapter is to preserve the City's riparian habitat.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirement of this Chapter shall apply to all development projects requiring discretionary approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action that in the opinion of the Review Authority has the potential to destroy, eliminate, or degrade riparian habitats shall not be permitted, unless the Review Authority determines that all of the following are true:

(a)

Public Interest. The potential loss is in the public interest.

(b)

Riparian Habitat Mitigation. Potential destruction, elimination, or degradation of the riparian habitat would be mitigated through a Riparian Habitat Mitigation Plan that shall be part of the conditions of approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Riparian Habitat Mitigation Plan shall include a plan to protect existing riparian habitat or a plan to replace, preserve, or develop new habitat, or a combination thereof. The Plan shall be prepared by a qualified biologist and shall be subject to the following provisions:

(a)

On-Site Riparian Habitat. The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed, eliminated, or degraded as a result of the project as well as the riparian habitat that is to be retained and protected, with methods for ensuring protection.

(b)

Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitigation for loss of riparian habitat as a result of the proposed project. To the extent practicable, mitigation sites shall be in City of Mountain House and shall assist in the maintenance of riparian corridors.

(c)

Contribution to Existing Off-Site Habitat Site. In lieu of establishing and maintaining riparian habitat on-site of the proposed development, the applicant may contribute to the acquisition and maintenance of an existing off-site riparian habitat area or contribute to the establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on the cost of establishing and maintaining replacement habitat for a five (5) year period on-site.

(d)

Replacement Vegetation. Vegetation planted to mitigate the loss of riparian habitat shall generally be native vegetation. The size of the area of replacement vegetation shall be at least two (2) times the size of the area that is to be destroyed, eliminated, or degraded.

(e)

Maintenance. Provisions shall be made for maintaining replacement vegetation for five (5) years.

(f)

Conservation Easement. Assurance of habitat preservation shall be by conservation easement or other acceptable methods.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 4. - MINERAL RESOURCES PROTECTION

9-15-401 - Intent.

The intent of this Chapter is to provide regulations to protect mineral resources that are shown as Open Space/Resource Conservation on the General Plan 2010 Map from urban development or encroachment and to manage the production of such mineral resources in an environmentally sound manner.

(Ord. 2024-18, § 1(Exh. A), 2024)

For extractive projects and nonextractive projects/activities which are proposed in areas of significant sand and gravel deposits that are designated Resource Conservation on the General Plan Map, the following requirements shall apply:

(a)

Extractive Projects. For an extractive project, the applicant shall file an application for a Quarry Excavation Permit.

(b)

Nonextractive Projects. For a nonextractive project/activity, such as a residential unit, which is proposed in an area of significant sand and gravel deposits, as determined by the State Mining and Geology Board or by the City, but which is not associated with the extraction of said resource, the applicant shall file a Site Approval application, as specified in Chapter 9 of Division 8, unless a discretionary permit of an equivalent or higher order is required for said project by this title.

(c)

Prohibitions. The following projects shall not be permitted.

(1)

Nonextractive projects that require significant capital investment in facilities and structures; and

(2)

Extractive projects that would have irreversible, deleterious environmental effects that cannot be mitigated.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 16. - SAFETY REGULATIONS

CHAPTER 1. - SAFETY REGULATIONS: INTENT AND ORGANIZATION

Division 16 constitutes the Safety Regulations. The intent of this Division is to prescribe safety regulations for projects undertaken pursuant to this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - FLOOD HAZARDS

(a)

Statutory Authorization. The legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon City of Mountain House authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Mountain House does hereby adopt the following floodplain management regulations.

(b)

Findings of Fact.

(1)

The flood hazard areas of City of Mountain House are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

(2)

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood

heights and velocities also contribute to the flood loss.

(c)

Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

(1)

Protect human life and health;

(2)

Minimize expenditure of public money for costly flood control projects;

(3)

Minimize the deed for rescue and relief efforts associated with flooding and generally undertaken at the expense of public;

(4)

Minimize prolonged business interruptions;

(5)

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

(6)

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

(7)

Ensure that potential buyers are notified that property is in area of special flood hazard; and

(8)

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Mountain House. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled "Flood Insurance Study (FIS) for County of San Joaquin, November 1979," as amended, and shown on the

accompanying Flood Insurance Rate Maps (FIRMs) as Zones A, AO, AE, A99, or AH, or on the Flood Boundary and Floodway Maps (FBFMs) as floodways, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to City of Mountain House by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the office of the City of Mountain House Department of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City of Mountain House Flood Control Engineer shall be designated as Floodplain Administrator and appointed to administer and implement this Chapter. The duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:

(a)

Permit Review. The Floodplain Administrator shall review all development permits to determine that:

(1)

The permit requirements of this Chapter have been met;

(2)

All other required local, state, and federal permits have been obtained;

(3)

The site is reasonably safe from flooding.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point.

(b)

Use of Other Base Flood Data. When one hundred (100) year flood elevation data has not been provided or is inadequate in the Floodplain Administrator's opinion, the Floodplain Administrator shall obtain, review, and reasonably utilize any hundred (100) year flood elevation and floodway data available from federal, state, or other sources that he or she c the best available information.

(c)

Notification. Whenever a major watercourse is to be altered or relocated, the flood carrying capacity of the major watercourse shall be maintained. The Floodplain Administrator shall notify adjacent communities and the California Department of Water Resources prior to the significant alteration or relocation of a major

watercourse. The Floodplain Administrator shall submit evidence of said notification to the Federal Insurance Administration.

(d)

Certifications. The Floodplain Administrator shall obtain and maintain for public inspection and make available the certifications required in Section 9-16-212.

(e)

Boundary Interpretations. The Floodplain Administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard.

(f)

Determination Concerning Other Areas of Special Flood Hazard. The Floodplain Administrator shall determine, based on the best available information, those areas at risk of flooding and not identified by the Federal Emergency Management Agency or the Federal Insurance Administration, and shall consider these as areas of special flood hazard.

(g)

Violations. The Floodplain Administrator shall take action to remedy violations of this Chapter as provided in Chapter 2 of Division 19 of this Title.

(h)

Processing of Permits. The Floodplain Administrator shall perform the duties required for the processing of flood-related permits, including flood variances and appeals of the requirements of this Chapter.

(i)

Reporting of Flood Variances. The Floodplain Administrator shall report any flood variances to the Federal Insurance Administration upon request.

(j)

Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Mountain House, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder.

(k)

Requirement to Submit New Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not

later than six (6) months after the date such information becomes available, a community shall notify the National Flood Insurance Program Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application for any permit to develop within an area of special flood hazard shall include information considered to be necessary by the Floodplain Administrator to determine the potential flood hazard on the project site.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-205 - Special Permits Within Areas of Special Flood Hazard.

Within any area of special flood hazard, the following permits shall, where indicated, be obtained prior to the commencement of any construction or development:

(a)

Floodplain Encroachment Permit. A Floodplain Encroachment Permit shall be required for any project that would alter a watercourse.

(b)

Use Permit. A Use Permit shall be required for any project that would alter the location of a floodway.

(Ord. 2024-18, § 1(Exh. A), 2024)

The unincorporated community of Mountain House is an urban community as defined in the Government Code Section 65007. Development approvals for projects in Mountain House shall require flood protection findings as specified in Government Code Sections 65865.5, 65962, and 66474.5.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a permit to develop within a special flood hazard area, the Floodplain Administrator shall be provided with technical data to determine that the following are true:

(a)

Flood Fringe. In flood fringe areas, the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot at any given point.

(b)

Floodways. In floodways, the requirements of Section 9-16-216 have been met.

(c)

Watercourse Alteration. If the alteration of a watercourse or floodway is proposed, the proposed project will not reduce the flood-carrying capacity of said watercourse or floodway.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Flood Variance may be granted in accordance with the provisions of Chapter 17 of Division 8 of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-209 - Appeals.

The Planning Commission shall hear and decide appeals from actions of the Floodplain Administrator when it is alleged there is error in any interpretation, decision, or determination made by the Floodplain Administrator in the administration of this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-210 - Standards of Construction: Anchoring.

All new construction and substantial improvements to existing structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. All mobile homes shall meet the anchoring standards of Section 9-16-215.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-211 - Standards of Construction: Materials and Methods.

Unless otherwise specified, construction within areas of special flood hazard shall comply with the following standards for materials and methods:

(a)

Materials and Utility Equipment. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(b)

Methods and Practices. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

(c)

Equipment and Service Facilities. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(d)

Drainage. Within Flood Insurance Rate Map (FIRM) Zones AH or AO, adequate drainage paths around structures on slopes shall be required to guide flood waters around and away from proposed structures.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, the following standards of construction relative to elevation and flood proofing shall be complied with in areas subject to flooding:

(a)

Lowest Floor Elevation: Areas of Special Flood Hazard. All new construction and substantial improvements of any structure in areas of special flood hazard shall have the lowest floor, including basement, elevated to at least one (1) foot above the one hundred (100) year flood elevation. Non-residential structures may meet the standards in Subsection (c) below. Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor. Such certification shall be provided to the Floodplain Administrator.

(b)

Lowest Floor Elevation: Zone A or AO. All new construction and substantial improvement of any structure in FIRM Zone A or AO shall have the lowest floor, including the basement, elevated at least one (1) foot higher than the depth number specified in feet on the FIRM measured from the highest adjacent grade, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in Subsection (c) below. Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor.

(c)

Floodproofing: Non-Residential Construction. Non-residential construction shall either be elevated in conformance with Subsection (a) or Subsection (b) above or, in the alternative, together with attendant utility and sanitary facilities, shall:

(1)

Be floodproofed so that at least one (1) foot above the one hundred (100) year flood level, the structure is watertight with walls substantially impermeable to the passage of water;

(2)

Have structural components impermeable to the passage of water;

(3)

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(4)

Be certified by a registered civil engineer or registered architect as having satisfied the standards of this subsection. Such certification shall be provided to the Floodplain Administrator.

(d)

Construction in Enclosed Areas Below Lowest Floor Level. In all new construction and substantial improvements to existing structures in areas of special flood hazard, enclosed areas below the lowest floor, which are used solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered civil engineer or a registered architect. As an alternative, said designs may either

ehicles, building access or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered civil engineer or a registered architect. As an alternative, said designs may either

have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding, or be certified to comply with the City's floodproofing standard that has been approved by the Federal Insurance Administration. Said certification shall be provided to the building official. Any openings shown in said design shall have the bottom of such openings no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other louverings, or devices that permit automatic entry and exit of flood waters.

(e)

Mobile Homes and Recreational Vehicles. Mobile homes and recreational vehicles shall meet the standards in Section 9-16-215.

(f)

Accessory Buildings. Nonhabitable buildings accessory to agriculture or accessory to residential use may be constructed at ground level without a flood variance. Permit applications for Accessory Structures will be reviewed on a case-by-case basis by the Floodplain Administrator for compliance with applicable FEMA Technical Bulletins.

(1)

The applicant shall provide evidence of recordation of a written notice that states that the accessory building is constructed with the lowest floor elevation below the regulatory flood elevation, is not for habitable use and can be used solely for parking or limited storage. Further, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be recorded with the office of the City of Mountain House Recorder in such a manner to make it appear in the chain of title of the affected parcel of land. For the purposes of this Section, accessory buildings shall not include buildings used for commercial or industrial purposes.

(g)

Aircraft Hangars. Aircraft hangars in FIRM Zone AO at the Stockton Metropolitan Airport may be constructed in compliance with Variance VR-01-2.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-213 - Flood Hazard Reduction: Utilities.

Utility systems shall comply with the following flood hazard reduction standards:

(a)

Water and Sanitary Sewage Systems. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters.

(b)

Waste Disposal Systems. Waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-214 - Flood Hazard Reduction: Subdivisions.

(a)

All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.

(b)

All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

(c)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(d)

All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(e)

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-16-215 - Flood Hazard Reduction: Mobile Homes and Recreational Vehicles.

Mobile homes and recreational vehicles shall be subject to the following flood hazard reduction standards:

(a)

Single-Wide Mobile Homes. Single-wide mobile homes without expandos may be placed in an existing mobile home park in a floodway under the following circumstances:

(1)

The mobile home is replacing a mobile home which was in the space within the previous twelve (12) months;

(2)

The mobile home park property has been posted to conspicuously display the one hundred (100) year flood elevation;

(3)

A bond has been posted for possible damage caused to other property through negligence on the part of the park owner during a flood event. This requirement may be waived by the Floodplain Administrator if it can be shown that the park has other liability protection.

(b)

Installation Permits. Installation permits shall be issued by the State Department of Housing and Community Development (HCD) only after all conditions in Subsection (a) of this Section have been satisfied.

(c)

Recreational Vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community's FIRM either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.

(d)

Manufactured Home Floor Elevation.

(1)

Manufactured homes that are placed or substantially improved within areas of special flood hazard shall have the lowest floor elevated at least one (1) foot above the base flood elevation on a permanent or a temporary foundation with the entire foundation support system at or above the base flood elevation or an engineered support system designed to withstand flood forces, on the following sites:

(A)

Outside of a manufactured home park or subdivision;

(B)

In a new manufactured home park or subdivision;

(C)

In an expansion to an existing manufactured home park or subdivision; or

(D)

In an existing manufactured home park or subdivision which has incurred substantial damage as the result of a flood.

(2)

Manufactured homes that are placed or substantially improved within areas of special flood hazard on sites in an existing manufactured home park or subdivision that are not subject to the above provisions shall be elevated so that either:

(A)

The lowest floor is elevated at least one (1) foot above the base flood elevation; or

(B)

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and securely anchored in accordance with this Section.

(e)

Anchoring. Anchoring shall be to a permanent foundation system to resist flotation, collapse, or lateral movement.

(Ord. 2024-18, § 1(Exh. A), 2024)

Uses and structures within floodways shall be subject to the following flood hazard reduction standards:

(a)

Anchoring. All structures within floodways shall be constructed so as to remain in place during the one hundred (100) year flood.

(b)

Obstruction of the Floodway. All structures shall be designed to allow free passage of flood waters and minimize catching of debris.

(c)

Extraction of Sand, Gravel, and Other Materials. There shall be no stockpiling of materials, products, or overburden which may create an obstruction to the passage of flood flows or increase the velocity or elevation of water within the floodway.

(d)

Drainage and Flood Control Development. Drainage and flood control development shall be subject to the following conditions:

(1)

The net effect of any drainage or flood control structure, facility, channel, or other project or combination of projects placed or enlarged within a floodway shall be such that it does not increase the area, velocity, or elevation of flood waters within the floodway.

(2)

The governing agency having jurisdictional authority over new levee construction, levee modification, or levee maintenance shall condition the approval of said project so that no increase in the area, velocity, or elevation of flood waters within the floodway results.

(3)

In the absence of any other governing agency with jurisdictional control, the Floodplain Administrator shall have jurisdictional control over projects falling within this Subsection.

(4)

Notwithstanding the foregoing, existing levees which protect and delineate a floodway may be modified or maintained for the purpose of reducing the danger of flood damage to the lands or other property the levees are designed to protect.

(e)

Removal of Equipment and Stored Material. All moveable equipment and stored material shall be removed prior to a flood.

(f)

Bridges Spanning a Floodway. Bridges spanning a floodway shall have the bottom of the lowest horizontal member three (3) feet or more above the one hundred (100) year flood elevation for major streams and two (2) feet or more above the one hundred (100) year flood elevation for minor streams as determined by the Floodplain Administrator.

(g)

Encroachments. Any encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification is provided by a registered civil engineer demonstrating

that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses and structures shall be prohibited within areas of special flood hazard:

(a)

Uses Prohibited Within Floodways. The following uses shall be prohibited within floodways:

(1)

Storage of hazardous materials, including, but not limited to, pesticides, radioactive materials, explosives, and other materials which may be hazardous to life, limb, or property when inundated;

(2)

Mobile homes and recreational vehicles not within parks with approved Evacuation Plans;

(3)

Double-wide mobile homes or expando mobile homes;

(4)

New cemeteries or expansion of existing cemeteries;

(5)

New sanitary landfills or expansion of existing sanitary landfills;

(6)

Water wells; and

(7)

Sewage wastewater facilities.

(b)

Structures Prohibited Within Floodways. All structures are prohibited within floodways, except that the structures listed below are allowed, if certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge and all other Floodplain Management provisions are satisfied.

(1)

Pumps, siphons, and appurtenances;

(2)

Fences, walls, signs, and other appurtenances;

(3)

Public and private docks, wharves, piers, and boat launching ramps;

(4)

Marinas, including ramps, gas pumps or docks, and other structures which must be located on, above, or immediately adjacent to a watercourse, provided there is no alternative to location in a floodway;

(5)

Pilings and other support structures;

(6)

Railroads, pipelines, utility lines, and public improvements such as roads and streets; and

(7)

Bridges.

(c)

Uses and Structures Prohibited Within Flood Fringe Areas. The following uses and structures shall not be permitted within flood-fringe areas:

(1)

New cemeteries;

(2)

Solid waste disposal; and

(3)

Hazardous waste facilities and other similar facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

No fence without reasonable access openings at least twenty (20) feet in width shall be constructed nor shall any structure or pole be erected within ten (10) feet of the landside or waterside levee toe or within twenty-five (25) feet of the top of either bank of any natural or manmade stream without obtaining the approval of the Department of Public Works. Before granting approval, the Department shall find that the

proposal will not interfere with periodic maintenance work being performed by public or private bodies. The decision of the Department of Public Works may be appealed to the Planning Commission.

(Ord. 2024-18, § 1(Exh. A), 2024)