Mountain House Municipal Code Ch. 3 Agricultural Excavation Standards

The intent of this Chapter is to provide standards for removing excess material from agricultural property for agricultural purposes.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply only if the amount of material being removed is limited to that which is required to increase the agricultural viability of the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following development standards shall apply to any agricultural excavation permit approved under the provisions of this Title:

(a) Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust;

(b) Final Grade. The final grade shall:

(1) Not result in disruption of the flow of drainage water from the property or adjoining properties;

(2) Not adversely affect the irrigability of the property or surrounding properties. If the property is within an irrigation district, the final grade shall be limited to that elevation which is necessary to provide gravity irrigation to the property. This determination may be made by the irrigation district;

(3) Not adversely affect the relation of the water table to the surface of the land;

(4) Have an average elevation no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land one hundred (100) feet from the perimeter of the proposed excavation, excluding any portion of the perimeter adjacent to a river, riverbank, levee, public road, railroad, canal, pipeline, or other similar uses or rights-of-way.

(c) Waterways. A berm or other improvements may be required adjacent to any waterway, including underground facilities, which adjoins the excavation. The heights, setback, and slope of the berm shall be based on recommendation of the agency responsible for the maintenance of the waterway or the Department of Public Works;

(d) Hours of Operation. Excavation operations shall not be carried on during the hours from 9:00 p.m. through 5:00 a.m., except during periods of declared national, state, or local emergency. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Saving Time, whichever is legally in effect. The hours of operation may be modified by the Review Authority based upon the excavation's potential effect on surrounding land uses;

(e) Lighting. Any night lighting established on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties;

(f) Emissions. All emissions shall be subject to the rules and regulations of the City of Mountain House Air Pollution Control District;

(g) Replacement of Topsoil. During the excavation, the topsoil shall be set aside. Upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the approved Grading Plan, approved by the Review Authority. Replacement of topsoil may be waived by the Review Authority if the soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property;

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

(j) Commencement of Work. A written notification of work schedules shall be provided to the City by the applicant prior to initiating any grading or excavation;

(k) Certification of Compliance. At the completion of the grading, the applicant shall have a registered civil engineer or licensed land surveyor compare the excavation's final elevations with the approved permit. The engineer or surveyor shall submit a certified, written finding to the Building Official which states and documents the compliance or noncompliance of the excavation with the approved permit. If the project conforms with the approved permit, the Review Authority shall accept the certification and either notify the applicant that the stockpiled material may be removed or release the required performance guarantee, as specified in Subsection (p);

(l) Time Limitation. The time limit shall be based upon the characteristics of the proposal, including, but not limited to, the quantity of material to be removed and the applicant's time schedule and phasing plan. Specific time limitation may be required for individual phases of the excavation;

(m) 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;

(n) Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-851.3) shall show the phases of excavation. Reclamation on one (1) 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 (1) phase is being reclaimed while one (1) phase is being excavated;

(o) 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 Agricultural Excavation Permit or the reclamation plan is found;

(p) 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 Agricultural 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 Development Services Division 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 or 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 (1) 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.

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

(r) Quantity Limitation. Excavation of more than one hundred thousand (100,000) yards of material shall require a Quarry Excavation Permit. Successive agricultural excavations on the same parcel exceeding a total of one hundred thousand (100,000) yards of material over a period of less than twenty (20) years shall not be permitted. Excavations prior to January 25, 2005 shall not be included in the calculation of the amount of material excavated.

(Ord. 2024-18, § 1(Exh. A), 2024)

Approved Agricultural 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)