Chapter 17.32 — SAND AND GRAVEL EXTRACTION DISTRICT

These regulations are established to provide for the commercial extraction and processing of natural resources in a manner that is most beneficial to the citizens of the City. Sand, gravel, earth, and similar materials can be excavated only where they have been deposited by nature, which in some instances may be close to existing or planned urban development. These regulations are intended to ensure compatibility between extraction operations and adjacent uses in a manner that will minimize adverse effects caused by the uses permitted. It is also the intent of these regulations to provide assurance that as soon as it is feasible to do so that excavated areas will be maintained or modified in order to guarantee that the property will be suitable for a useful purpose.

(Prior code 17.50.010, 17.56.010; Ord. 69-62; Ord. 54-73; Ord. 12-95)

§ 17.32.020. through § 17.32.040. (Reserved)

Any petition for a zone change that would place property in the SG (Sand and Gravel Extraction) District shall be signed by all holders of easements, lessees and owners of record of all property included within the petitioned area. Any request by the property owner to continue any existing operations permitted by this section that were existing at the time this section became effective shall be accompanied by the following documents, plans, and materials:

• A. Legal Description. A legal description of the entire property upon which SG zoning is sought.

• B. Plan of Operations. A general plan of operations, including the following:

  1. A plot plan of the entire property drawn to scale and showing contour intervals of not more than five feet, defining the location and showing the perimeter of the area(s) to be excavated. The plot plan shall also show the locations of any existing structures, watercourses, levees, drainage facilities, underground utilities and roads or improvements adjoining the property;

  2. A vehicular access plan, which shall be designed in such a manner as to result in a minimum amount of additional vehicular traffic over local residential streets;

  3. A topographic map prepared by a registered civil engineer or licensed surveyor or licensed photo-grammetric surveyor and a complete report of a comprehensive soils engineering and engineering geologic investigation prepared by a registered civil engineer and/or registered engineering geologist. The topographic map shall be accompanied by a written report that sets forth probable volume and depth of overburden and nonusable material;

  4. A description of the proposed operation during all phases, including a schedule that shows an approximate starting date, increments of extraction and the sequence in which such increments will progress. The plan shall also show approximate future locations of any machinery or processing equipment (excluding vehicles) that would be relocated during the excavation operations. The plan shall also indicate the precise

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City of Orange, CA § 17.32.050

ORANGE CODE

§ 17.32.050

location of any permanent buildings and structures, processing plants or other appurtenant equipment, storage of topsoil and overburden, stockpiles, 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, its source and disposition, shall be made a part of this description;

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

6. A statement of estimated time required to conclude excavation.

• C. Ultimate Use Proposal. In order to provide assurance that the land will be suitable to serve a useful purpose upon the completion of excavation operations, an ultimate use proposal shall be submitted, to include the following:

  1. A topographic map showing the approximate final contours at intervals of not more than five feet. Such map shall be drawn to scale and shall be of sufficient detail to establish that the proposed ultimate use or uses can be accomplished. The map shall also show the location of all structures, drainage facilities and streets that are proposed to remain after the completion of extraction operations.

  2. A statement and plan that describes, or illustrates, one or more feasible ultimate uses for the property upon the completion of excavation operations. Such use or uses shall conform to the following requirements:

     • a. The proposed ultimate use or uses shall be physically and economically feasible.

     • b. The proposed ultimate use or uses shall be consistent with the general plan.

     • c. The proposed ultimate use or uses shall be compatible with existing and permitted adjacent uses.

  3. Any additional information or evidence that may be helpful in explaining the proposed ultimate use.

  4. Any subsequent change in the ultimate use proposal or proposals which affect the ultimate reuse of the site shall be subject to the approval of a conditional use permit by the City Planning Commission.

• D. Rehabilitation Plan. In order to assure that restoration procedures will commence and continue with excavation operations, a rehabilitation plan shall be submitted to include the following:

  1. A preliminary grading plan, showing the property as it will be prepared for the installation or establishment or the proposed ultimate use.

  2. A phasing plan that shows how the area will be incrementally restored to a natural condition when excavation operations are completed in one area, and moved to the next area.

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

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City of Orange, CA

ZONING

§ 17.32.050

§ 17.32.060

• a. Landscaping plans to be approved by the Directors of Public Works, Community Development and Community Services.

• b. Drainage plans and facilities, slope stability and erosion control plans to be approved by the Director of Public Works.

(Prior code 17.50.060, 17.56.060; Ord. 54-73; Ord. 20-78; Ord. 1-80; Ord. 12-95)

All processing and excavating operations shall conform to all applicable plans approved in accordance with the requirements of Section 17.32.050, and with the standards set forth by this section.

• A. Dust Control. All private truck roads connecting rock quarries, processing plants or stockpiles shall be kept wetted while being used or shall be oiled or hard surfaced and maintained so as to control dust.

• B. Setbacks.

  1. Perimeter. No excavation activities shall be carried on within 50 feet of the common property line of any parcel of land not in the SG district, or any highway or street.

  2. Slope Areas and Waterways. No excavation activities shall be carried on within 100 feet at slopes permitted in Section 17.32.060(C) or within 50 feet at a three-to-one slope; from any property or right-of-way line of a flood control channel, retarding or conservation basin, either existing or whose precise location has been adopted by the Board of Supervisors of the Orange County Flood Control District; provided, however, that this regulation shall not apply to excavation activities in the Santiago Creek between the Villa Park Dam and its confluence with the Santa Ana River. Setbacks in the Santiago Creek area shall be established at such times as a precise alignment for a flood control channel is adopted by the Board of Supervisors.

  3. Residential Property. No rock crushing plant or other apparatus for the manufacture of rock, sand, or gravel, except removal operations associated with excavation, shall be located within 750 feet of the boundary line of any residential district. If the crushing unit of any rock crushing plant is placed below ground level, such rock crushing unit may be located 400 feet or more from the boundary line of any such district.

• C. Slopes. Unless the Director of Public Works determines that less restrictive excavation methods may be permitted, no production from an open pit shall be permitted which creates a finished slope steeper than one and one-half feet horizontal to one foot vertical. If a steeper slope than one and one-half feet horizontal to one foot is allowed, an additional setback of the excavation activities from adjacent properties will be required.

• D. Days and Hours of Operation.

  1. Time Limits. With the exception of trucking, distribution, sale, loading and unloading of products and materials and equipment repairs, all processing and excavating activities permitted in Section 17.13.030 shall be limited to the days of Monday through Saturday, inclusive, between the hours of 6:00 a.m. and 8:00 p.m. However, the Planning Commission may approve operating hours of 6:00 a.m. to 10:00 p.m. by

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City of Orange, CA § 17.32.060

ORANGE CODE

§ 17.32.060

conditional use permit, upon the finding that noise associated with increased hours of operation will not be unreasonable for nearby residents. The hours of operation may be further controlled by Chapter 8.24 of this code, which regulates noise levels.

2. Exceptions. Hours of operation, aside from those listed above, may be permitted upon prior notification to the Director of Public Works, under the following circumstances:

   • a. When requested by public agencies;

   • b. When work requires a continuous pour of concrete;

   • c. When necessary due to public emergencies.

• E. Insurance. Before commencing any operations, the operator shall procure public liability insurance with coverage of at least $1,000,000.00 for personal injury to more than one person, $500,000.00 for personal injury to only one person, and $100,000.00 for damage to property, which insurance shall cover all activities of the operator connected with the uses permitted, and shall be kept in full force and effect at all times during such operations.

• F. Off-Street Parking Requirements. Off-street parking shall be provided on the site for all equipment and for all cars of employees. Operations in this zone shall be exempt from all other off-street parking requirements of this zoning code. All off-street parking areas shall be oiled or hard-surfaced, or wetted or graveled to minimize dust.

• G. Screening.

  1. Location. Extracting and processing operations shall be screened in such a manner that they are not readily visible from adjacent public streets. An opaque screen shall be installed and maintained as necessary in order to minimize such visibility. The operator may install such screening either along the street or along the perimeter of the visible portion of the area being operated.

  2. Other Screening. See Section 17.12.070(I).

• H. Posting of Signs. Within 90 days after an area has been reclassified to the SG district, and continuously thereafter, the outer boundaries of the district shall be posted with signs not less than 500 feet apart, and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby, stating in letters not less than four inches in height: "THIS PROPERTY MAY BE USED AT ANY TIME FOR THE EXCAVATION OF ROCK, SAND, GRAVEL OR CLAY, ROCK CRUSHING PLANT, OR ANY USE ALLOWED IN SG ZONE." The signs shall be made of wood or metal, to be maintained in legible condition at all times. The Community Development Director may waive this requirement for good cause shown.

• I. Maximum Permitted Depth of Excavation.

  1. Standard. The maximum permitted depth of any excavation pit shall be 150 feet, unless otherwise specified by the district symbol on the official Zoning District Map.

  2. Exception. Where a number is shown above and separated by a line from the district symbol, the number shall designate by vertical feet the maximum permitted depth of excavations in the Sand and Gravel District.

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City of Orange, CA

ZONING

§ 17.32.060

§ 17.32.070

Example: 80 SG

• J. Excavation Below Water Table. Any excavations below historic water tables intended to be refilled, shall only be refilled in accordance with the provisions of the Orange County Water Pollution Control Ordinance and the California Regional Water Quality Control Board.

• K. Fencing. Safety fencing shall be required and maintained in accordance with the Sand and Gravel Extraction Code.

• L. Arterial Highways. When a property in an SG zone is traversed by a highway shown upon the City's Master Plan of Streets and Highways, the required right-of-way for such highway shall not be excavated, and permanent structures shall not be erected within the future rightof-way, and an additional 50 feet on either side.

• M. Ingress, Egress and Traffic Safety. Access roads to any premises are permissible only at points that have been designated on the precise plan establishing the SG district. Road construction shall be level with the pavement of any public street from which access is derived, and the adjacent 80 feet shall be paved. Adequate sight distance shall be maintained for traffic safety in compliance with the standards and requirements of the Department of Public Works.

• N. Drainage.

  1. Control. Surface drainage shall be controlled in a manner meeting the approval of the Director of Public Works to prevent silt or loose material from filling any existing drainage course or encroaching upon adjoining property, rights-of-way, or other improvements.

  2. Natural Flow. All provisions to control natural watercourses shall be designed to prevent overflow or diversion of water away from the natural point of discharge. Such provisions are subject to review and approval of the Chief Engineer of the Orange County Flood Control District and City Engineer.

• O. Removal of Buildings and Equipment. All buildings and equipment used in the excavation or processing of sand and gravel, or in the administration of the sand and gravel operations, shall be removed within six months of the termination of activities on the property, unless the buildings are utilized according to the ultimate use proposal.

• P. Noise and Vibration Control. All equipment and premises for the conduct of the uses permitted shall be constructed, maintained, and operated as to eliminate noise or vibration to persons living in the vicinity. Internal combustion engines shall be equipped at all times with mufflers in good working condition. All excavation activities shall be subject to Chapter 8.24 of the Orange Municipal Code, regulating noise levels.

• Q. Air Pollution Control. All operations shall be conducted in compliance with all the requirements of the South Coast Air Quality Management District.

• (Prior code 17.50.060-240, 17.56.060-220; Ord. 69-62; Ord. 54-73; Ord. 12-95; Ord. 13-18, 2018; Ord. 19-21, 2022)

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City of Orange, CA

ORANGE CODE

§ 17.32.070

§ 17.32.070

The rehabilitation of any site where operations have been permitted under this district shall conform to the applicable use permit and to the following rehabilitation standards.

• A. Rehabilitation Schedule. Rehabilitation of each area shall commence as soon as excavation operations have been completed within this area, and the rehabilitation procedure as required by the approved rehabilitation plan shall commence and continue in a diligent manner prior to the extension of excavation operations to a subsequent area.

• B. Termination of Operations. If excavation has ceased for a period of 24 months, upon 10 day notice by mail to the property owner(s) of record and the primary operator, the Planning Commission may hold a public hearing to determine whether the operations have been abandoned. The Planning Commission may also determine whether remaining mineral resources on the property should be conserved for ultimate production in the public interest, and with a consistent decision by the State's Bureau of Geology and Mines, the amount of remaining material does not justify a continued period of inactivity. For the purpose of the foregoing, it shall be prima facie evidence of termination of operations, without an active extraction permit required by Division 9 of Title 7 of the Codified Ordinances of the County of Orange, in effect for a continuous period of 13 months.

• C. Failure to Complete Rehabilitation—Public Hearing. Any failure to complete the rehabilitation of the site in accordance with the standards specified herein, and in accordance with the approved plans, shall be unlawful and considered a public nuisance to the endangerment of the health, safety, and general welfare of the public, and a detriment to the community.

• D. Rehabilitative Work Done by City—Assessment Against Property Owners.

  1. Execution. In addition to any other remedy provided by law for the abatement, removal and enjoinment of such a public nuisance, the City Council, after notice and hearing as per Section 17.08.040, may cause the necessary remedial and rehabilitative work to be done, and the cost thereof shall be assessed against the owners of the property.

  2. Notice. The notice shall be in writing and mailed to all persons whose names appear on the latest equalized assessment roll as owners of the real property, or as otherwise identified by the City to be owners or operators of the property. The Director of Public Works shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or to mail or correctly address any notice if this section has been substantially complied with.

as owners of the real property, or as otherwise identified by the City to be owners or operators of the property. The Director of Public Works shall also cause at least one copy of such notice to be posted in a conspicuous place on the premises. No assessment shall be held invalid for failure to post or to mail or correctly address any notice if this section has been substantially complied with.

• E. Cost of Work Done by City—Assessment. The City Council shall make findings which specify the unlawful condition and the corrective work required to be done, and, if said corrective work is not commenced 30 days after receipt of such order, diligently and without interruption prosecuted to completion, the City may cause such work to be done. The cost and expense of such work, including the incidental expenses incurred by the City, will be assessed against the property and become a lien upon such property.

• F. When City to Proceed With Work, Report by Director of Public Works.

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City of Orange, CA

ZONING

§ 17.32.070

§ 17.32.090

1. Implementation. If, upon the expiration of the 30 day period provided for in Section 17.32.070(E), the work has not been commenced, or is not being prosecuted with diligence, the City may proceed to execute the project. Upon completion of such work, the Director of Public Works shall file a written report with the City Council setting forth the fact that the work has been completed and the cost to be assessed.

2. Notice. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work. The City Clerk, as directed by the City Council, shall thereafter give notice in writing to the owners and operators of the property of the hour and place that the City Council will pass upon the report and will hear protests against the assessments. Such notice shall also set forth the amount of the proposed assessment.

3. Consideration. Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report from the Director of Public Works and all protests, if there be any, and then proceed to confirm, modify or reject the assessments.

• G. List of Assessments Sent to Tax Collector. A list of assessments as finally confirmed by the City Council shall be sent to the County tax collector for collection. If any assessment is not paid within 10 days after its confirmation by the City Council, the Clerk of the City Council shall cause to be filed in the office of the County Recorder of the County of Orange a notice of lien.

• H. Assessment Lien on Property. From and after the date of time recordation of such notice of lien, the amount of the unpaid assessment shall be a lien on the property against which the assessment is made, and such assessment shall bear interest at the rate of six percent per year until paid in full. Such lien shall continue until the amount of the assessment and all interest thereon shall have been paid. The lien shall be subordinate to tax liens and all fixed special assessment liens previously imposed upon the same property, but a priority over all contractual liens and all fixed special assessment liens which may there-after be created against the property. From and after the date of recordation of such notice of lien, all persons shall be deemed to have notice of the content thereof.

(Prior code 17.50.250—17.50.310, 17.56.250, 320; Ord. 54-73; Ord. 12-95)

A legal description, the rehabilitation plan, a General Plan of Operations, ultimate use proposal, and ordinance adopting the zone change shall be recorded with the Orange County Recorder by the applicant prior to commencement of operations on the site. (Prior code 17.50.330; Ord. 54-73; Ord. 12-95)

• A. Notice. Any existing operations made nonconforming by the reclassification of the subject property to the SG District or by the adoption of any amendment of the regulations of the district may nevertheless continue to operate in the nonconforming manner for a reasonable period of time sufficient to amortize the private interest. Such a time period shall be established by the Planning Commission at an advertised public hearing, to be held on notice to the owner of the land and the operator of the excavation operation. The owner, operator, or their agents may appear at the hearing to present evidence on the issue.

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City of Orange, CA

ORANGE CODE

§ 17.32.090

§ 17.32.090

• B. Appeal. The decision of the Planning Commission may be appealed to the City Council in accordance with Section 17.08.050.

(Prior code 17.50.330, 350; Ord. 20-82; Ord. 54-73; Ord. 12-95)

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City of Orange, CA