Chapter 9-810 — Evacuation Plans

The purpose of this Chapter is to require plans for the evacuation of recreational vehicle parks and mobile home parks during times of flood hazard.

An Evacuation Plan shall be required for all existing mobile home and recreational vehicle parks and shall be a condition of issuance of permits for all proposed mobile home and recreational vehicle parks located or proposed to be located within floodways or flood fringe areas. A fee, as specified by resolution of the Board of Supervisors, shall be required.

The agency conducting the Evacuation Plan review for recreational vehicle and mobile home parks shall be the San Joaquin County Office of Emergency Services. The review procedure for an Evacuation Plan shall be that set out in Chapter 9-802 for a Zoning Compliance Review with the primary reviewer being the Director of the Office of Emergency Services.

At a minimum, Evacuation Plans shall meet the following standards:

(a)

Storage Sites. No storage site for the storage of unoccupied mobile homes or recreation vehicles shall be in an area subject to flooding during a 100-year flood;

(b)

Risk Reduction. The Evacuation Plan will operate to reduce damage to property and hazards to health and safety during floods;

(c)

Feasibility of Performance. The Evacuation Plan shall be feasible of performance during a flood;

(d)

Clarity. The criteria for initiating the Evacuation Plan shall be sufficiently clear to determine when the evacuation should occur; and

(e)

Timely Evacuation. The criteria for initiating an evacuation shall allow for timely evacuation prior to inundation of the site.

The following provisions shall apply to all mobile home parks and recreational vehicle parks with approved Evacuation Plans:

(a)

Posting. A copy of a summary of the Evacuation Plan shall be posted in a conspicuous place on the premises to be evacuated;

(b)

Impediments and Obstructions. All impediments or obstructions to the evacuation routes shall be removed or relocated;

(c)

Changes. A new Evacuation Plan must be approved for any change in an existing plan;

(d)

Implementation of Evacuation Plan. When the criteria for evacuation occur, the Evacuation Plan shall be carried out as planned; and

(e)

Distribution of Evacuation Plan. A copy of the approved Evacuation Plan shall be given to the following persons and kept on file for public review:

(1)

The Community Development Department;

(2)

The park owner;

(3)

The park manager;

(4)

The Director of the County Emergency Services Office; and

(5)

The County Flood Control Engineer.

The requirements of this Chapter may be altered as follows:

(a)

Ground Anchors. As an alternative to preparing an Evacuation Plan, owners of mobile home parks that were established before September 30, 1980, and that are outside of a floodway may require park residents to provide ground anchors to be used as tie downs to prevent movement and flotation of mobile homes during a flood. Park owners shall provide proof of compliance by residents with said requirements.

(b)

Mobile Home Parks in Zone AO. Mobile home parks in Flood Insurance Rate Map Zone AO with a flood depth of one foot or less shall be exempt from the provisions of this Chapter.

Chapter 9-811 - Flood Variances

The issuance of a Flood Variance is for floodplain management purposes only. Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Flood Variance.

The Flood Variance criteria set forth in this Chapter are based on the general principle of zoning law that Flood Variances pertain to a piece of property and are not personal in nature. A Flood Variance may be granted for a parcel of land with physical characteristics so unusual that complying with the requirements of this Title for flood protection established in Chapter 9-703, Flood Hazards, would create an exceptional hardship to the applicant. These characteristics must be unique to the property; they must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

It is the duty of the Community Development Department and the Department of Public Works to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that Flood Variances from the flood elevation or from other requirements in Chapter 9-703, Flood Hazards, are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if Flood Variances are strictly limited. Therefore, the Flood Variance criteria provided in this Chapter are more detailed and contain multiple provisions that must be met before a Flood Variance can be properly granted. The criteria are designed to screen-out those situations in which alternatives other than a Flood Variance are more appropriate.

(a)

General Requirements. Flood Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the

procedures of Chapter 9-301, Flood Hazard Overlay Zone, have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.

(b)

Historic Structures. Flood Variances may be issued for the repair or rehabilitation of "historic structures" upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure.

(c)

Prohibitions. Flood Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

(d)

Required Determination. Flood Variances shall only be issued upon a determination that the Flood Variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Community Development Department and the Department of Public Works believe will both provide relief and preserve the integrity of this Title.

(e)

Required Notice. Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of the Zoning Administrator that:

(1)

The issuance of a Flood Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage, and

(2)

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Joaquin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

(f)

Recordkeeping. The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(a)

Factors to be Considered. In passing upon requests for Flood Variances, the Community Development Department and the Department of Public Works shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Title, and the:

(1)

Danger that materials may be swept onto other lands to the injury of others;

(2)

Danger of life and property due to flooding or erosion damage;

(3)

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property;

(4)

Importance of the services provided by the proposed facility to the community;

(5)

Necessity to the facility of a waterfront location, where applicable;

(6)

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

(7)

Compatibility of the proposed use with existing and anticipated development;

(8)

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

(9)

Safety of access to the property in time of flood for ordinary and emergency vehicles;

(10)

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

(11)

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

(b)

Criteria for Issuance. Flood Variances shall only be issued upon a:

(1)

Showing of good and sufficient cause;

(2)

Determination that failure to grant the Flood Variance would result in exceptional "hardship" to the applicant; and

(3)

Determination that the granting of a Flood Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see "Public safety and nuisance"), cause "fraud and victimization" of the public, or conflict with existing local laws or ordinances.

(c)

Protections from Flood Damage. Flood Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of 9-811.020(a) through 9-811.020(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

(d)

Conditions of Approval. Upon consideration of the factors of 9-811.020(a) and the purposes of this Chapter, the Community Development Department and the Department of Public Works may attach such conditions to the granting of Flood Variances as it deems necessary to further the purposes of this ordinance.

The review procedure for a Flood Variance Application shall be the same as for a Conditional Use Permit, as required by Chapter 9-804, Use Permits, and include a Public Hearing by the Planning Commission on the recommendations of the Community Development Department and the Public Works Department, which shall be subject to the noticing and the procedures in Chapter 9-802, Common Procedures.

The following provisions shall apply:

(a)

Historic Structures. Flood Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter; and

(b)

Prohibitions. Flood Variances shall not be issued within a floodway if an increase in flood levels during the 100-year flood discharge would result.

Prior to approving an application for a Flood Variance, the Planning Commission shall find that all of the following are true:

(a)

There is good and sufficient cause for the Flood Variance;

(b)

Failure to grant the Flood Variance would result in exceptional hardship to the applicant;

(c)

The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;

(d)

The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief; and

(e)

Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations.

Any applicant to whom a Flood Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be prepared by the Community Development Department and recorded by the office of the San Joaquin County Recorder in such a manner to make it appear in the chain of title of the affected parcel of land.

Chapter 9-812 - Grading and Drainage Permits

The purpose of this Chapter is to establish permit procedures for construction grading and drainage in order to:

(a)

Allow for construction grading and drainage that will not adversely affect the environment and the public health, safety, and welfare of the county and will minimize hazards to life and property;

(b)

Ensure implementation of standards to protect against soil loss, adverse effects of flooding, and pollution of watercourses with soil and other pollutants, and protect the safety, use, and stability of public rights-ofway and watercourses;

(c)

Protect aquatic resources and wildlife habitat; and

(d)

Promote water conservation and groundwater recharge.

(a)

Permit required. A construction grading permit shall be required prior to commencing any construction grading or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction grading permit shall be required for each site.

(b)

Designation and performance. Construction grading shall be designated as "regular construction grading" or "engineered construction grading" in compliance with Table 9-812.020, and shall be undertaken as follows:

(1)

Regular construction grading. Regular construction grading shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner, or a licensed professional acting within the scope of their license.

(2)

Engineered construction grading. Engineered construction grading shall be performed in compliance with approved plans and specifications prepared by a California-licensed civil engineer.

TABLE 9-812.020: CONSTRUCTION GRADING DESIGNATION

Note:

1. The references to depths and heights for cuts and fills are between existing grade and finished grade.

(c)

Exemptions. The following construction grading activities may be conducted without obtaining a construction grading permit, provided that these activities conform to the standards in Chapter 9-704, Grading and Excavation.

(1)

Cemeteries. Routine excavations and fills for graves.

(2)

Construction grading within a public right-of-way. Where authorized by an encroachment permit, construction grading within a public right-of-way.

(3)

Emergency construction grading. Construction grading necessary to protect life or property or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the volume of construction grading necessary to abate an imminent hazard may be performed prior to obtaining a construction grading permit. The person performing the emergency construction grading or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction grading on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction grading permit within ten days after the commencement of the emergency construction grading.

(C)

The Zoning Administrator may order emergency construction grading to be stopped or restricted in scope based upon the nature of the emergency.

(4)

Environmental remediation. Construction grading for environmental remediation ordered or approved by the County or another public agency exercising regulatory jurisdiction over a site contaminated with hazardous materials, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of such work to qualify for this exemption.

(5)

Excavations and fills for buildings or structures. Where authorized by a valid building or demolition permit, excavations below existing or finished grade for basements, and footings of buildings, retaining walls, or other structures, and fills using only material from the excavation. The placement of fill must be shown on the approved plans and specifications. Fill that is intended to support structures or surcharges may be greater than one foot in depth only if a soils report justifies the use of the fill. This exemption shall not apply to any fill that is engineered construction grading.

(6)

Excavations and fills for wells or on-site sewage disposal systems. Where authorized by a valid well or septic permit, excavations and fills for wells or on-site sewage disposal systems. The placement of fill must be shown on the approved plans and specifications.

(7)

Exploratory excavations. Exploratory excavations to investigate subsurface conditions, affecting or disturbing an area of less than 10,000 square feet and involving the movement of less than 50 cubic yards, under the direction of a California-licensed civil engineer, soils engineer, engineering geologist, or registered environmental health specialist, where the ground surface is restored to its previous topographic condition within 60)days after the completion of the work.

(8)

Landfills. Construction grading at landfills regulated by the State Integrated Waste Management Act.

(9)

Maintenance, repair, or resurfacing of existing private roads and driveways. Maintenance, repair, or resurfacing of existing, lawfully constructed private roads and driveways, where the length, width, and design capacity are not changed. This exemption shall not apply to any fill in a floodplain or floodway designated by the County.

(10)

Minor cut. A cut that does not exceed 50 cubic yards and:

(A)

Is no greater than three feet in depth, or

(B)

Does not create a cut slope greater than five feet in height and greater than two feet horizontal to one foot vertical.

(11)

Minor fill. Fill outside a flood hazard area that does not exceed 50 cubic yards or alter or obstruct a watercourse or wetland and is:

(A)

No greater than one foot in depth, placed on terrain with a natural slope no greater than 15 percent and intended to support structures or surcharges; or

(B)

No greater than three feet in depth (one foot in a flood hazard area) and not intended to support structures or surcharges.

(C)

This exemption shall not apply to any fill that is engineered construction grading.

(12)

Pipelines and utilities. Excavations and fills for pipelines, routine pipeline maintenance practices, or installation, testing, maintenance, or replacement of utility connections, distribution or transmission systems, or telecommunication facilities, on a single site or within a public right-of-way, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work. This exemption shall not apply to any fill that is used for any purpose other than restoring the ground surface to its previous topographic condition.

(13)

Public projects. Where a public agency takes full responsibility for the work, construction grading for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(14)

Resource conservation, restoration, or enhancement projects. Where a public agency takes full responsibility for the work, construction grading for soil, water, wildlife, or other resource conservation,

restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(15)

Soil profiling test pits. Excavations for soil profiling test pits, where the ground surface is restored to its previous topographic condition within 60 days after the completion of the work.

(16)

Surface mining. Mining, quarrying, excavating, processing, or stockpiling rock, sand, gravel, aggregate, or clay in compliance with this Title.

(a)

Permit required. A construction drainage permit shall be required prior to commencing any construction drainage involving construction or modification of drainage facilities or related work, including preparatory land clearing, vegetation removal, or other ground disturbance, except where exempted from permit requirements by Subsection (c). A separate construction drainage permit shall be required for each site.

(b)

Designation and performance. Construction drainage involving the construction or modification of drainage facilities shall be designated as "regular construction drainage" or "engineered construction drainage" in compliance with Table 9-812.030 and shall be performed as follows:

(1)

Regular construction drainage. Regular construction drainage shall be performed in compliance with approved plans and specifications prepared by the project applicant, the property owner or a licensed professional acting within the scope of their license.

(2)

Engineered construction drainage. Engineered construction drainage shall be performed in compliance with approved plans and specifications prepared by a civil engineer.

TABLE 9-812.030: CONSTRUCTION DRAINAGE DESIGNATION

(c)

Exemptions from permit requirements. The following construction drainage activities are exempt from the provisions of this section and may be conducted without obtaining a construction drainage permit, provided that these activities shall still be subject to the standards in Chapter 9-704, Grading and Excavation.

(1)

Drainage facilities for construction grading, buildings or structures, septic systems, or within a public rightof-way. Where authorized by a valid construction grading, building, septic, or encroachment permit, construction or modification of drainage facilities for construction grading, buildings or structures, septic systems, or within a public right-of-way.

(2)

Emergency construction drainage alteration. Construction or modification of drainage facilities necessary to protect life or property, or to implement erosion prevention or control measures, where a situation exists that requires immediate action; provided that only the work necessary to abate an immediate hazard may be performed prior to obtaining a construction drainage permit. The person performing the emergency construction drainage alteration or the property owner shall:

(A)

Notify the Zoning Administrator and provide evidence acceptable to the Zoning Administrator of the scope and necessity of the emergency construction drainage alteration on or before the next business day after the onset of the emergency situation; and

(B)

Apply for a construction drainage permit within 10 days after the commencement of the emergency construction drainage alteration.

(C)

The Zoning Administrator may order emergency construction drainage alteration to be stopped or restricted in scope based upon the nature of the emergency.

(3)

Maintenance, repair, or replacement of existing private drainage facilities. Maintenance, repair, or replacement of existing, lawfully constructed private drainage facilities, where the location and design capacity are not changed.

(4)

Minor pipe and vee-ditch swale systems. Construction or modification of pipe and vee-ditch swale systems that meet all of the following criteria:

(A)

The drainage area is less than one-half acre for a smooth-walled pipe or vee-ditch swale system, or less than one-quarter acre for a corrugated pipe system.

(B)

The pipe or vee-ditch swale system is not located in the flood hazard area.

(C)

The pipe system is a single run, with a minimum diameter of eight inches and installed slopes between two and four percent or the vee-ditch swale system is made of earth, grass, or rock, with side slopes no greater than fifty percent, maximum depth of nine inches, and installed slopes between two and four percent.

(5)

Public projects. Where a public agency takes full responsibility for the work, construction or modification of drainage facilities for public projects on public property, including public trails. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(6)

Resource conservation, restoration, or enhancement projects. Where a public agency assumes full responsibility for the work, construction or modification of drainage facilities for soil, water, wildlife, or other resource conservation, restoration, or enhancement projects. The Zoning Administrator shall be notified in writing at least 30 days prior to the commencement of the work.

(a)

Application Requirements. Applications for construction grading and construction drainage permits may be initiated by the property owner or the owner's authorized agent. Applications shall be filed with the Community Development Department on the prescribed application forms in accord with Chapter 9-802, Common Procedures. In addition to any other application requirements, the application must include specifications, maps, reports, and other information and materials required by the department's list of required application contents for the specific type of application, and any other reports necessary to verify compliance with this chapter.

(1)

A permit application may include a request for relief from the standards in Chapter 9-704, Grading and Excavation. The request shall state in writing each standard proposed to be varied, the proposed substitute measure, when it would apply, and its advantages. The director may require additional information to evaluate the requested relief.

(2)

A fee, as specified by resolution of the Board of Supervisors, shall be required.

(b)

• Discretionary Review; Environmental Review. An application for a relief from the standards in Chapter 9 704, Grading and Excavation, is considered a discretionary permit application and is subject to environmental review under Section 9-802.060.

(a)

Findings for approval. The Zoning Administrator may approve a permit application and issue a construction grading or drainage permit when the Zoning Administrator makes the following determinations.

(1)

Ministerial approvals. A permit application shall be approved ministerially and a ministerial construction grading or drainage permit issued when the Zoning Administrator determines that the proposed construction grading or drainage complies with all the provisions of this Chapter and any applicable permit for development.

(2)

Discretionary approvals. A permit application may be approved as a discretionary action and a discretionary construction grading or drainage permit issued when the Zoning Administrator determines that:

(A)

There are special circumstances affecting the site that make the strict application of the standards in Chapter 9-704 impractical;

(B)

The proposed construction grading or drainage is consistent with the purpose and intent of the standards in Chapter 9-704 and does not diminish the health, safety, and environmental protection benefits that would be obtained from the strict application of those standards; and

(C)

The proposed construction grading or drainage complies with all other provisions of this Chapter and any applicable permits for development.

(b)

Conditions of Approval for Discretionary Permits. For approval of any application for a relief from the standards in Chapter 9-704, Grading and Excavation, the Zoning Administrator may impose any conditions deemed reasonable and necessary to protect the public health, safety, and welfare; prevent adverse environmental impacts, or the creation of hazards to site or adjacent land uses; and ensure proper completion of the work. The decision-maker may require reasonable guarantees and evidence that such conditions are being, or will be, complied with.

(c)

Distribution and use of approved plans and specifications. The Zoning Administrator shall retain one or more sets of the approved permit and dated plans and specifications for inspection and record keeping. Two sets of the approved permit and dated plans and specifications shall be provided to the permittee. The permittee shall maintain one set of the approved permit and dated plans and specifications on the site at all times during the work.

(a)

Appeals. A decision of the Zoning Administrator on a discretionary permit may be appealed to the Planning Commission in accordance with Section 9-802.140. All other decisions of the Zoning Administrator are final and not appealable.

(b)

Expiration, Extensions and Modifications. Construction grading and construction drainage permit are effective and may only be extended or modified as provided for in Chapter 9-802, Common Procedures.

(c)

Time limits. A construction grading or construction drainage permit shall expire three years from the effective date of the permit, unless an extension has been granted in writing, provided that the Zoning Administrator may limit a permit to a lesser time period where the permit is required to abate dangerous or hazardous conditions. All work for which a construction grading or construction drainage permit is issued shall be completed and finalized prior to expiration of the permit or any extension granted.

All work for which a construction grading or drainage permit is required shall be subject to the following requirements.

(a)

Pre-construction consultation. The permittee and the Zoning Administrator shall have a pre-construction consultation prior to the commencement of the work.

(b)

Responsibility for the work. The permittee shall be responsible for ensuring that the work is performed in compliance with the approved plans and specifications and the standards in Chapter 9-704.

(c)

Notification of change in ownership. The permittee shall notify the Zoning Administrator of any change in ownership of the site prior to completion of the work.

(d)

Inspections. All work shall be subject to inspection as required by the Zoning Administrator.

(1)

Site access. The permittee shall provide adequate access to the site for inspection by inspectors designated by the Zoning Administrator during the performance of all work and for a minimum of one year after final inspection.

(2)

Type of inspections and certifications. The Zoning Administrator may require the permittee to have a California-licensed civil engineer, soils engineer, or engineering geologist perform inspections of work in progress, identify any work done that does not comply with approved plans and specifications and recommend corrective measures, as needed, and certify completion of work.

(3)

Transfer of responsibility for approval. If a required civil engineer, soils engineer, engineering geologist, or other professional is changed during the course of the work, the work shall be stopped until the permittee notifies the Zoning Administrator in writing of the change of professional and the new professional notifies the Zoning Administrator in writing of their agreement to accept responsibility for approval of the completed work within the area of their technical competence.

(4)

Field changes. After permit issuance, no change to the approved work shall occur without the prior written approval of the Zoning Administrator. If the Zoning Administrator determines that the changes are minor, the changes shall be shown on as-built plans. If the Zoning Administrator determines that the changes are major, a request for a modification to the approved plans and specifications shall be filed as provided in Section 9-802.120.

(5)

Protection of utilities. As required by Government Code section 4216.2, the permittee shall contact the Underground Service Alert (USA) prior to starting any excavation that will be conducted in an area that is known, or reasonably should be known, to contain subsurface utility installations. Contact shall occur at least two working days, but not more than fourteen calendar days, before the excavation starts. If practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated.

(6)

Stop work orders. The Zoning Administrator may order that any work performed contrary to the requirements of this chapter, other applicable provisions of this code, the approved plans and specifications, or any permit conditions, or any work that has otherwise become hazardous to property or the public, be immediately stopped. It shall be unlawful and a violation of this chapter for any person to resume work that was ordered to be stopped by the director, unless the director has required and the permittee has agreed to any necessary corrective measures, and the director has authorized resumption of the work in writing.

(e)

Completion of work.

(1)

Final reports. Upon completion of all work for which a construction grading or drainage permit is required, the Zoning Administrator may require the following plans, records, and declarations to be submitted to the Department.

(A)

As-built plans. A set of as-built plans including original and finished contours at intervals acceptable to the Zoning Administrator, parcel drainage patterns with directional arrows, locations and elevations of all surface and subsurface drainage facilities, and locations of all post-development stormwater best management practices.

(B)

Testing records. A complete record of all field and laboratory tests, including the location and elevation of all field tests and any soils reports prepared for the site.

(C)

Declarations about completed work. Declarations by any civil engineer, soils engineer, engineering geologist, or other professional retained by the permittee, that all work was done in compliance with the approved plans and specification.

(2)

Final inspection. No permittee shall be deemed to have complied with this Chapter until a final inspection of the work has been completed and approved by the Zoning Administrator. Final approval shall not be given until all work has been completed in compliance with the approved plans and specifications and any materials required by Subsection (1) have been submitted and accepted.

Chapter 9-813 - Quarry Excavation Permits

The purpose of this Chapter is to provide a permitting procedure to:

(a)

Allow the extraction of mineral resources, while at the same time protecting people, property, and the environment from potential hazards associated with excavations; and

(b)

Ensure the reclamation of excavation sites.

Quarry Excavation Permit applications may be accepted in the following zones:

(a)

I-G Zone;

(b)

C-R Zone; and

(c)

AG and AU Zones, provided that:

(1)

Areas for excavation are designated "Resource Conservation" on the County's General Plan Land Use Map and the State Mines and Geology Board has identified the areas as construction aggregate deposits of regional significance; and

(2)

The portion of the property to be excavated contains substantial deposits of mineral resources, or a portion of a deposit of substantial mineral resources; or

(3)

For areas zoned AG, the Farmland Mapping and Monitoring Program's soil classification for that portion of the property to be excavated is neither Prime Farmland, Farmland of Statewide Significance, nor Unique Farmland.

An application for a Quarry Excavation Permit shall include the following:

(a)

A Site Plan prepared and stamped and signed by a California-registered civil engineer;

(b)

An Excavation/Reclamation Plan, including identification of haul routes that will be used to remove excavated materials and a schedule prepared by a California-registered civil engineer;

(c)

Proposed methods of financial guarantees of performance; and

(d)

The required fee as specified by the Board of Supervisors.

The review procedure for Quarry Excavation Permit applications shall be the same as for a Conditional Use Permit under Chapter 9-804, Use Permits. The Public Hearing shall be noticed and conducted as specified in Chapter 9-802, Common Procedures.

Prior to approving an application for a Quarry Excavation Permit, the Planning Commission shall find that the following are true:

(a)

The proposal is for the removal of regionally significant or scarce deposits of mineral resources and not for the removal of prime farmland;

(b)

The proposed reclamation of the property upon completion of the excavation will leave the property in a condition which will allow its reuse; and

(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.

• Approved Quarry Excavation Permits shall be subject to the development standards specified in Chapter 9 702.

Existing excavations subject to a Quarry Excavation Permit may be expanded pursuant to this Section.

(a)

Required Criteria. In those instances involving excavations that require a Quarry Excavation Permit and a Quarry Excavation Permit has been approved, the Zoning Administrator may approve plans for the expansion of the existing permit when the expansion complies with all of the following criteria:

(1)

The excavation expansion is incidental to the existing excavation;

(2)

No building expansion involves more than a 25 percent increase in building floor area covered by existing structures associated with the excavation;

(3)

No use expansion involves more than an increase of 25 acres, or more than a ten percent (10%) increase in the overall site area covered by the existing Quarry Excavation Permit, whichever is less;

(4)

The excavation expansion, in the opinion of the Zoning Administrator, would not have a substantial adverse effect on significant biotic resources on the site;

(5)

The excavation expansion, in the opinion of the Zoning Administrator, would not have a substantial adverse effect on adjacent property;

(6)

The excavation expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Zoning Administrator; and

(7)

A Public Improvement Plan is submitted pursuant to Chapter 9-514, Public Improvement Plans.

(b)

Criteria Not Met. If a proposed expansion does not meet with the above criteria in Subsection (a), a new Quarry Excavation Permit shall be required.

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, Section 3500 et seq.).