§ 9-813

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.).