Chapter 8.420 — QUARRIES

It shall be unlawful for any person to operate or maintain or to cause to be operated or maintain any quarry in the County of San Mateo, State of California, except in conformance with the provisions of this ordinance.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

For the purpose of this ordinance, certain words and phrases are defined as follows, and certain provisions shall be construed as herein set forth unless it shall be apparent from their context that they have different meaning.

1. COUNTY: The unincorporated area of the County of San Mateo, State of California.

2. PLANNING COMMISSION: The planning commission of said county.

3. PERSON: Shall include individual person or persons, firm, association, co-partnership, or corporation,

4. QUARRY: Premises from which any rock, sand, gravel, stone, earth other than topsoil, or mineral is removed or excavated for the purpose o! disposition away from the immediate premises whether such disposition is immediate or in the future, Provided, however, that not to exceed JOO cubic yards of material may be removed from any one building site, after a permit has been secured from the County Building Inspector for the construction of a permanent structure on the same site, without said operation being construed to be a quarry and coming within the provisions of this ordinance.

5. TOPSOIL: The immediate surface area of land consisting either of topsoil or sub-soil.

• A. Quarries may be operated in any portion of the, county subject, to the securing of an annual permit as herein specified and subject to the regulations of this ordinance re- quiring the posting of a corporate surety bond, the amount to be determined by the San Mateo County Engineer and approved by the planning commission for the faithful performance of the conditions of the permit.

• B. Application for permit:

Each application for any such permit shall be made to the planning commission in a form provided by the planning commission. Such application shall be accompanied by:

1. An accurate plot plan showing the exterior boundaries of the property on which the quarry is, or is proposed to be located, the boundaries of the area proposed to be excavated, and the location of any existing or proposed structures, roads, or other improvements.

2. Cross sections through the quarry (existing or proposed) sufficient to indicate the slopes of existing and proposed cut banks,

3. Contour map when required by the planning commission.

4. Statement of plan of operation including time limits, areas to be removed, final grading of site, replacing of topsoil, and planting,

The planning commission, upon receipt of the application and upon the payment of the required fee, shall make such investigations as are necessary to determine whether or not the quarry or proposed quarry conforms or will conform fully to the regulations herein set forth and with the terms of other county ordinances pertaining to land use or operation of quarries, The planning

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

commission shall refer the application to such other agency or board for approval or recommendations it deems necessary. The planning commission may hold such hearings as are deemed necessary, At the conclusion of investigation and any such hearings, the planning commission shall make findings as to whether or not the 'quarry, or proposed quarry, is, will be, or may be likely to become a public nuisance, or will be dangerous or detrimental to the public peace, health, safety, or the general welfare, II, in the opinion of the planning commission, the operation of the existing or proposed quarry will not be detrimental or dangerous to the public peace, safety, or the general welfare, a twelve month permit shall be issued as herein provided. The planning commission, in issuing any such permit, shall specify such conditions as are deemed necessary for the protection of per sons and property, in the neighborhood and to insure that the operation of the quarry will not adversely affect the char- acter of the neighborhood in which the quarry is located, The planning commission shall require such bonds and other guarantees as are necessary to insure compliance with the regulations Imposed under the terms of any permit, In case the planning commission denies any permit applied for under the terms of this ordinance or imposes restrictions which the applicant deems to be arbitrary or unreasonable, the applicant may appeal such decision to the Board of Supervisors.

mmission shall require such bonds and other guarantees as are necessary to insure compliance with the regulations Imposed under the terms of any permit, In case the planning commission denies any permit applied for under the terms of this ordinance or imposes restrictions which the applicant deems to be arbitrary or unreasonable, the applicant may appeal such decision to the Board of Supervisors.

• C. The fee for a permit to operate or maintain a quarry for the period of one year from the date of such permit shall be $50,00 payable in advance to the planning commission,

D. Inspection Fees.

In addition to the fee for a permit., the quarry operator shall pay to the county the actual cost of inspections of the quarry at prevailing wage rates at intervals not more frequent than once every 30 days for the purpose of determining whether the operation of the quarry is in full compliance with regulations herein set forth and any special conditions imposed under the terms of any permit. Such inspections shall include surveying, if and as necessary, to determine boundaries of excavation, slopes of cut banks, and other such conditions. The permit fee shall include the cost of two inspections.

E. Revocation or suspension of Permits:

Any permit granted hereunder shall be subject to revocation or suspension by the planning Commission in the following manner. A notice shall be served on the person holding said permit specifying wherein they has failed to comply with this ordinance or any other ordinance or with any terms or conditions specified in the permit for such quarry and requiring them to appear before the planning commission at a date and, hour specified not less than five days after the serving of said notice on said permit holder, to show cause at said time and place why said permit should not be revoked or suspended; at such Ume and place the person holding said permit shall have the right to appear in person or by counsel and to introduce such evidence as they may desire, and the planning commission shall confront said permit holder with any charges that said Board of Supervisors, or planning commission, or both of them may have against them, and after said hearing, the planning commission, may, if in its opinion the permit holder has violated the terms of their permit, revoke or suspend said permit, 'Persons may appeal to the Board of Supervisors regarding the revocation of any such permit.

Quarries may be operated and maintained in any district subject to the following general requirements:

• A. Excavation:

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

1. Cut slopes steeper than one to one (1:1) shall in no case be brought closer than 25' to any exterior property line.

2. When cut slopes steeper than one to one (1:1) exceed 50’ vertically, they shall be stepped at intervals not exceeding 50’ vertically, and such step shall be at least 15’ wide,

• B. Fencing:

  1. All quarries shall be fenced by a substantial, neat, 6’ fence with posts spaced 15’ center to center and barbed wire spaced one foot apart, The fence design shall meet the approval, of the planning commission,

• C. Drainage Of Premises:

  1. The finished excavation shall in all cases be grade in such a manner as to prevent the accumulation of storm water or natural seepage,

  2. Finished grades in all cases shall have slopes not less than one and one half percent,

• D. Erosion control and screen planting:

  1. All surface drainage existing or developing by or through the quarry shall be controlled by dikes, barriers, or drainage structures to prevent any silt or loose-material from filling any existing drainage course or encroaching on state or county roads or private property, All provisions to control natural drainage or flood water shall meet with the approval of 'the county engineer.

  2. Fina cut slopes shall be treated as required to prevent erosion; topsoil shall be replaced on level areas when necessary to support vegetation. Suitable ground cover shall be planted within twelve months of the time a cut slope is excavated to its final position. Such ground cover shall be maintained for a period of time sufficient to provide vegetation of density that will prevent erosion.

  3. In cases where material in the quarry is of such nature that no erosion will take place, plant material of type and quantity specified by the planning commission shall be placed as required lo screen cut slopes from public view,

• E. Maintenance and Operation:

  1. The quarry premises shall be maintained at all times in a neat and orderly manner.

  2. The operation of the quarry; shall be conducted in such a manner as to obviate excessive dust and noise, The operator shall maintain haulage, roads in a dust free condition providing such surfacing or other treatment deemed necessary by the planning commission.

  3. The holder of the quarry permit shall be responsible for spilling or dumping of quarried material on county highways or roads as prohibited by this ordinance.

Each persons violating or contributing in any way to the violation of any of the provisions of this ordinance shall be deemed guilty of a separate offense for each day during which such violation continues, and such violation shall be deemed to be a misdemeanor and shall be punishable therefore as herein provided,

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

It shall be the duty of every person owning, leasing, renting, or operating a quarry to comply with all of the provisions of this ordinance and the terms of any permit granted by the Planning Commission, and any person violating any of the provisions of this ordinance or the terms of any permit or contributing In any way to the violation thereof shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500, 00) or by imprisonment in the Sau Mateo County Jail not exceeding three (3) months or by both such fine and imprisonment,

Any quarry set up, altered, constructed, enlarged, converted, operated, or maintained contrary to the provisions of this ordinance and/or any use of any land or premises established, convicted, operated, or maintained contrary to the provisions of this ordinance shall be and the same is hereby declared to be unlawful and a public nuisance, and the District Attorney of said County shall, upon order of the Board of Supervisors, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction lo grant such relief as will abate and remove such quarry and restrain and enjoin any person from setting up, or maintaining, or using any quarry, or using any property contrary to the provisions of this ordinance,

The remedies provided for herein shall be cumulative and not exclusive.

If any section, sub-section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance. The Board of Supervisors of the county here-by declares that it would have passed this ordinance, and each section, sub-section, clause, sentence, and phrase thereof, irrespective of the fact that any one or more sections, sub-section, sentences, clauses, or phrases be declared unconstitutional,

This ordinance shall be known and cited as the "Quarry Ordinance” of the County of San

Mateo.

(Prior code Division VI, Part 4, Chapter 4 added; Ord. 761, 10/27/1947)

(Prior code Division VI, Part 4, Chapter 4 repealed and replaced, Ord. 961, 10/02/1951)

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code