San Diego County Municipal Code Part Six Extractive Use Regulations

The provisions of Section 6550 through Section 6559, inclusive, shall be known as the Extractive Use Regulations. The purpose of these regulations is to provide the means for public review and regulation of mineral extraction and associated on-site processing operations.

(Amended by Ord. No. 5781 (N.S.) adopted 6-4-80) (Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

The Extractive Use Regulations shall apply in all zones permitting activities for the extraction of any naturally occurring chemical element or compound, or groups of elements and compounds, including but not limited to coal, peat, sand, and gravel but excluding geothermal resources, natural gas, and petroleum. Such zones also permit on-site processing and production of non- metallic mineral products, and recycling of used concrete, asphalt or rock, where sited with the following non-metallic mineral processing operations: rock crushing, asphalt pavement production, and concrete batching.

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)

No person shall conduct the activities described in Section 6552 without first obtaining a Major Use Permit as provided by the Use Permit Procedure commencing at Section 7350.

(Amended by Ord. No. 8034 (N.S.) adopted 2-26-92)

No application for a Major Use Permit for mineral extraction shall be accepted for filing unless accompanied by an "Application for Reclamation Plan" as provided and described in the County Grading Ordinance. The decision to grant or deny the proposed Reclamation Plan shall be made at the same time as the decision to grant or deny the proposed Major Use Permit for the same project. Pursuant to the granting of the Major Use Permit, the permittee shall comply with all provisions and requirements of the Reclamation Plan in the conduct of mineral extraction activities and in the rehabilitation of the mining site.

(Amended by Ord. No. 8581 (N.S.) adopted 9-20-95)

The Extractive Use Regulations shall not apply to the removal of soil, sand, gravel, decomposed granite or rock under any of the following circumstances:

a. The removal is part of the grading of land done in accordance with a grading plan for a subdivision map or a division of such land created pursuant to a parcel map filed in accordance with Division 2 of Title 8 of the San Diego County Code, and the grading plan has been approved by the Director of Public Works as being reasonably necessary and incidental to the development and improvement of the premises in accordance with the final map or parcel map and the grading will be completed within one year of commencement of the grading.

b. The removal is part of the grading of land in accordance with a grading plan to prepare a site for a building or structure for which plans have been checked and approved by the Director pursuant to Division 1 of Title 5 of the San Diego County Code, and the grading plan has been approved by the Director of Public Works or Director as being reasonably necessary and incidental to the construction of such building or structure, and the grading will be completed within one year of commencement of the grading.

c. The removal is part of the grading of land in accordance with a grading plan to prepare a site for vehicle parking areas or similar areas, and the grading plan has been approved by the Director of Public Works or Director as being reasonably necessary and incidental to the development of the area.

d. The removal is part of the grading of land in accordance with a grading plan approved by the Director as being reasonably necessary and incidental to the use of the premises in accordance with a use permit issued pursuant to the Zoning Ordinance.

e. Less than 200 cubic yards will be removed.

f. To extract and export from a watercourse 200 or more cubic yards to repair flood damage to the watercourse in accordance with San Diego County Code, section 87.601 et seq. for which an emergency watercourse grading permit is issued by the Director of Public Works or the Board of Supervisors.

g. During the grading of land to prepare a site for development pursuant to an Administrative Permit approved by the Director, provided:

1. The legal lot from which the material is removed is in a commercial or industrial zone;

• 2. The sale of any material removed is secondary to the preparation of the site;
• 3. The on-site processing of any material to be removed is prohibited;
• 4. The removal and grading is done in accordance with an approved grading plan; and

5. The removal and grading will not have a significant detrimental effect on the site or surrounding area.

(Added by Ord. No. 9958 (N.S.) adopted 12-10-08) (Amended by Ord. No. 10095 (N.S.) adopted 12-8-10)