Mountain House Municipal Code Ch. 18 Agricultural Excavation Permits

The intent of this Chapter is to provide a method for:

(a) Allowing the removal of excess material from property in order to increase the property's agricultural potential, while protecting people, property, and the environment from impacts caused by the grading excavation; and

(b) Ensuring the reclamation of excavation sites.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Agricultural Excavation Permits may be accepted in the following zones:

(a) AL zone;

(b) AG zone;

(c) AU zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application for an Agricultural Excavation Permit shall include the following:

(a) A Certified Grading Plan prepared by a registered civil engineer;

(b) An Operational Statement;

(c) A soils report, prepared by a soil scientist qualified to analyze agricultural soils, shall be required for all proposals where the topsoil is not proposed to be replaced;

(d) An Excavation/Reclamation Plan and schedule prepared by a registered civil engineer;

(e) Proposed methods of financial guarantees of performance;

(f) An Erosion, Sediment and Pollution Control Plan to minimize impacts on waterways and/or roadways during excavation; and

(g) A fee as specified by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for an Agricultural Excavation Permit Application shall be the Staff Review With Notice procedure, as set forth in Chapter 4 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for an Agricultural Excavation Permit, the Review Authority shall find that all of the following are true:

(a) The amount of the material being removed is the least amount required to enhance the agricultural suitability of the property;

(b) The excavation will not have a detrimental effect on any surrounding agricultural lands;

(c) Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements in the vicinity; and

(d) All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

Approved Agricultural Excavation Permits shall be subjected to the development standards specified in Chapter 3 of Division 14.

(Ord. 2024-18, § 1(Exh. A), 2024)

If the excavation does not commence within eighteen (18) months after the date of approval of the Agricultural Excavation Permit, the permit shall lapse and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

A new Agricultural Excavation Permit shall not be required for the expansion of an existing or approved agricultural excavation, provided all of the following requirements are satisfied:

(a) Any proposed expansion(s) may involve no more than a ten percent (10%) increase in the overall site area covered by the existing or approved agricultural excavation;

(b) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property or on significant biotic resources on the site;

(c) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; and

(d) An Improvement Plan pursuant to Section 9-8-2801 is submitted to the City.

(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, Section 3500 et seq.).

(Ord. 2024-18, § 1(Exh. A), 2024)