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The purpose of the airport overflight (AO) overlay zone is to assure that construction, maintenance, or establishment of structures, uses or objects of natural growth will not constitute hazards to air navigation; to minimize public exposure to airport-related hazards; and to assure the compatibility of land uses within the vicinity of airports in the county.

The standards of this chapter apply to areas within the airport influence area of the Calaveras County Airport.

Notwithstanding any other provisions of this chapter, no use may be made of land or water within the AO overlay zone in such a manner that would:

A.

Create a "hazard to air navigation" as determined by the FAA;

B.

Result in glare in the eyes of pilots using the airport;

C.

Make it difficult for pilots to distinguish between airport lights and others;

D.

Impair visibility in the vicinity of the airport;

E.

Create steam or other emissions that cause thermal plumes or other forms of unstable air;

F.

Create electrical interference with navigation signals or radio communication between the airport and aircraft;

G.

Create an increased attraction for wildlife. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight; or

H.

Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.

Those uses permitted in the base zoning district, subject to the limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

In addition to the development standards of the base zoning district, development in the AO overlay zone is subject to the requirements, limitations and conditions set forth therein and consistent with the Calaveras County Airport Land Use Compatibility Plan.

New development exposed to CNEL above 55 dB shall comply with the following standards:

A.

Single-Unit Residential Dwellings. New single-unit dwellings shall incorporate noise reduction design measures to achieve and maintain an interior noise level of CNEL 45 dB.

B.

Other Development. For new hotels, motels, apartment houses, and dwelling units except single-unit dwellings, an acoustical study shall be prepared by a board certified acoustical engineer demonstrating that the proposed structure or structures have been designed to meet the noise reduction requirements and standards set forth in 21 CCR § 5012.

The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace. Additionally, where an FAA aeronautical study of a proposed object is required in accordance with FAR Part 77, Subpart C, the results of that study shall be taken into account by the county.

A.

No object, including a mobile or temporary object such as construction crane, shall have a height that would result in penetration of any obstruction surface depicted in the Calaveras County Airport Land Use Compatibility Plan.

B.

Within the primary surface and beneath the approach or transitional surfaces, objects shall be limited in height consistent with the airspace protection surfaces defined by FAR Part 77.

C.

Nothing in this chapter shall be construed as prohibiting the construction or maintenance of any structure, or growth of any tree to a height up to thirty-five feet above the surface of the land.

Any person proposing construction or alteration within the airport overflight overlay district shall submit notification of the proposal to the FAA if such construction or alteration exceeds any of the following height standards:

A.

Two hundred feet above ground level.

B.

The plane of an imaginary surface extending outward and upward at a slope of one hundred to one for a distance of twenty thousand feet from the nearest point of any runway.

An avigation easement shall be required as specified in the Calaveras County Airport Land Use Compatibility Plan.

If an avigation easement is not required, residential development within the primary or secondary overflight area indicated in the Calaveras County Airport Land Use Compatibility Plan, an overflight notification shall be recorded and made evident to prospective purchasers of the property as specified in the Calaveras County Airport Land Use Compatibility Plan.

Nonconforming land uses which were in existence prior to the effective date of this chapter may continue pursuant to the requirements of the Calaveras County Airport Land Use Compatibility Plan.

The purpose of the environmental protection (EP) overlay zone is to identify what protective measures may be necessary before new development can be approved on parcels or portions of parcels previously identified by the county as environmentally sensitive or flood-prone in environmental documents prepared by the county to comply with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA).

The EP overlay zone may only be applied to areas previously identified as environmentally sensitive through a site-specific discretionary approval process or legislative action.

An environmental protection (EP) overlay zone shall be noted on the zoning map by adding the designation "-EP" to the base zone.

No use of land, development, or ground disturbance shall occur within the EP overlay zone except as follows.

A.

All use, development, and disturbance of land within the EP overlay zone shall be designed and sited to avoid disruption or degradation of the resource identified for environmental protection.

B.

All use, development, and disturbance of land within the EP overlay zone shall be consistent with all mitigation or resource protection plans previously prepared for the area. If no such plan exists, a resource protection plan shall be prepared by the applicant and approved by the reviewing department based on a site-specific assessment prepared by a qualified professional expert in the relevant field(s) that contains the following:

1.

An evaluation of the impact the use, development, or disturbance may have on the floodplain, inundation area, habitat, cultural resource, or other reason for application of the EP overlay zone and whether the proposed use, development, or disturbance will be consistent with the protection of the environmental resource.

2.

Feasible mitigation measures to protect the resource and a program for monitoring and evaluating the effectiveness of the mitigation measures. Mitigation measures shall be sufficient to reduce identified potentially significant impacts to a level of insignificance.

3.

If a new resource protection plan is required to be prepared under this section, the county department considering the application shall comply with CEQA (and, if applicable, NEPA) before approving the plan. The cost of the county's compliance shall be borne by the applicant.

Approval of the use, development, or disturbance of a site located within the EP overlay zone shall not occur unless the applicable review body first finds that:

A.

The review of the proposed use, development, or disturbance was undertaken in compliance with this chapter.

B.

A resource protection plan or mitigation plan as described in 17.10.040 has been approved for this project.

C.

To the extent a new resource protection plan or mitigation plan was approved for this project, its review and approval was undertaken in compliance with the California Environmental Quality Act and, if applicable, the National Environmental Policy Act.

D.

The proposed use, development, or disturbance complies with the approved resource protection plan or mitigation plan, and a copy of this approved plan is attached to these findings.

The purpose of this chapter is to identify specific areas where Design Review pursuant to Chapter 17.29, Design Review, is required.

Design review pursuant to Chapter 17.29, Design Review, is required for uses and development within the boundaries of the design review (DR) overlay zone mapped on the official zoning map, including the following:

A.

Mokelumne Hill. Prescribed areas of Mokelumne Hill for which design review standards have been adopted by the Board of Supervisors.

B.

Other Areas. Other areas identified by the board of supervisors where, with community concurrence, design review standards have been developed and adopted with community input.

A design review (DR) overlay zone shall be noted on the zoning map by adding the designation "-DR" to the base zone.

The purpose of the parcel size limitation (X) overlay zone is to identify specific areas where minimum parcel size for a specific parcel is different than that of the zoning district in which the parcel is located.

The X overlay zone shall be applied to parcels subject to a specific parcel size limitation and prohibited from future subdivision. The X overlay zone may be used to identify the following:

A.

Density Transfer. Parcels for which the density has been transferred as a part of a planned unit development to other parcels.

B.

Common Area. Common area parcels that are a part of a planned unit development or subdivision map.

C.

Other. Parcels established for the purpose of mitigating or protecting biological, cultural, or other resources as a part of a planned development or subdivision map that is not intended to be further developed.

A parcel size limitation (X) overlay zone shall be noted on the zoning map by adding the designation "-X" to the base zone.

This title is adopted pursuant to the California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Sections 2710 et seq.), as amended, hereinafter referred to as "SMARA," Public Resources Code (PRC) Section 2207 (relating to annual reporting requirements), and State Mining and Geology Board regulations (hereinafter referred to as "State regulations") for surface mining and reclamation practice (California Code of Regulations (CCR), Title 14, Division 2, Chapter 8, subchapter 1, Sections 3500 et seq.)

The county recognizes that the extraction of minerals is essential to the continued economic well-being of the county and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety. Calaveras County also recognizes that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications therefore may vary accordingly. The purpose and intent of this chapter is to ensure that:

A.

There is continued availability of important mineral resources, while regulating surface mining operations.

B.

Adverse environmental effects are prevented or minimized and that mined lands are reclaimed to a usable condition which is readily adaptable for alternative land uses.

C.

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment.

D.

Residual hazards to the public health and safety are eliminated.

A.

Except as provided in this chapter, no person shall conduct surface mining operations or land reclamation projects unless a permit, reclamation plan, and financial assurances for reclamation have first been approved by the county. Any applicable exemption from this requirement does not automatically exempt a project or activity from the application of other regulations, ordinances or policies of the county, including but not limited to, the application of CEQA, the requirement of development review, conditional use permits or other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

B.

The provisions of this chapter shall apply to all lands within the jurisdiction of the county. It is the intent of the board of supervisors to apply the ME overlay zone to all existing and future mining operations requiring a reclamation plan. The county will initiate rezoning those operations currently subject to SMARA without the ME zone, and will require any future operation to concurrently apply for the ME zone with the reclamation plan.

C.

This title shall be continuously reviewed and revised as necessary in order to ensure that it is in accordance with SMARA.

This chapter shall not apply to the following activities:

A.

Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster.

B.

Onsite excavation and onsite earthmoving activities which are an integral and necessary part of a construction project that are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction, or the creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

1.

All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances, including, but not limited to, the California Environmental Quality Act ("CEQA," Public Resources Code, Division 13, Section 21000 et seq.).

2.

The county's approval of the construction project included consideration of the onsite excavation and onsite earthmoving activities pursuant to CEQA.

3.

The approved construction project is consistent with the general plan or zoning of the site.

4.

Surplus materials shall not be exported from the site unless and until actual construction work has commenced and shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued.

C.

Operation of a plant site used for mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined materials, subject to all of the following conditions:

1.

The plant site is located on lands designated for industrial uses in the Calaveras County general plan.

2.

The plant site is located on lands zoned industrial or commercial.

3.

None of the minerals being processed are being extracted onsite.

4.

All reclamation work has been completed pursuant to an approved reclamation plan for any mineral extraction activities that occurred onsite after January 1, 1976.

D.

Prospecting for, exploration of, or extraction of minerals for commercial purposes and the removal of overburden in total amounts of less than one thousand cubic yards in any one location of one acre or less. The limitation on surface disturbance does not include the clearing or removal of brush and vegetation for access road, or erosion control. The limits are cumulative for any period of time and for any assessor parcel or contiguous ownership of surface rights and/or mineral rights, no matter what size parcel.

1.

Exploration operators shall prior to commencement of exploration activities submit a letter to the planning department indicating the extent of exploration activities planned, the assessor parcel number(s), and the section, township and range to the property upon which the activities will occur. Accompanying the letter the operator shall submit a USGS quadrangle map and applicable assessor parcel map(s) indicating the location of the activities.

2.

Exploration operators shall be responsible for notifying all local, state, and federal agencies and obtaining all permits as otherwise required for their proposed activities.

3.

Exploration operators shall backfill and reseed, with a seed mixture approved by the agricultural commissioner, all excavations they create; eliminate any noxious weeds introduced by the operator; and cover and seal all drill holes they create.

E.

Surface mining operations that are required by federal law in order to protect a mining claim, if those operations are conducted solely for that purpose.

F.

Any other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and which involve only minor surface disturbances.

G.

The solar evaporation of sea water or bay water for the production of salt and related minerals.

H.

Emergency excavations or grading conducted by the department of water resources or the reclamation board for the purpose of averting, alleviating, repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies.

I.

Road construction and maintenance for timber or forest operations if the land is owned by the same person or entity, and if the excavation is conducted adjacent to timber or forest operation roads. This exemption is only available if slope stability and erosion are controlled in accordance with board regulations and, upon closure of the site, the person closing the site implements, where necessary, revegetation measures and post closure uses in consultation with the department of forestry and fire protection. This exemption does not apply to onsite excavation or grading that occurs within one hundred feet of a class one watercourse or seventy-five feet of a class two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

The definitions set forth in this section shall govern the construction of this chapter.

A.

"Area of regional significance" means an area designated by the State Mining and Geology Board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in a particular region of the state within which the minerals are located and which, if prematurely developed for alternate incompatible land uses, could result in the premature loss of minerals that are of more than local significance.

B.

"Area of statewide significance" means an area designated by the state mining and geology board which is known to contain a deposit of minerals, the extraction of which is judged to be of prime importance in meeting future needs for minerals in the state and which, if prematurely developed for alternate incompatible land uses, could result in the permanent loss of minerals that are of more than local or regional significance.

C.

"Borrow pits" means excavations created by the surface mining of rock, unconsolidated geologic deposits or soil to provide material (borrow) for fill elsewhere.

D.

"Compatible land uses" means land uses inherently compatible with mining and/or that require a minimum public or private investment in structures, land improvements, and which may allow mining because of the relative economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, very low density residential, geographically extensive but low impact industrial, recreational, agricultural, silvicultural, grazing and open space.

E.

"Haul road" means a road along which material is transported from the area of excavation to the processing plant or stock pile area of the surface mining operation.

F.

"Idle" means surface mining operations curtailed for a period of one year or more, by more than ninety percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date.

G.

"Incompatible land uses" means land uses inherently incompatible with mining and/or that require public or private investment in structures, land improvements, and landscaping and that may prevent mining because of the greater economic value of the land and its improvements. Examples of such uses may include, but shall not be limited to, high-density residential, low-density residential with high unit value, public facilities, geographically limited but impact intensive industrial and commercial.

H.

"Mined lands" means the surface, subsurface, and ground water of an area in which surface mining operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, surface mining operations are located.

I.

"Minerals" means any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas and petroleum.

J.

"Operator" means any person who is engaged in surface mining operations, or who contracts with others to conduct operations on his/her behalf, except a person who is engaged in surface mining operations as an employee with wages as his/her sole compensation.

K.

"Reclamation" means the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.

L.

"Stream bed skimming" means excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

M.

"Surface mining operations" means all, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, stream bed skimming, and segregation and stockpiling of mined materials (and recovery of same).

The provisions of SMARA (PRC Section 2710 et seq.), PRC Section 2207, and State regulations CCR Section 3500 et seq., as those provisions and regulations may be amended from time to time, are made a part of this chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this chapter are more restrictive than correlative State provisions, this chapter shall prevail.

No person who obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit to mine, so long as the vested right continues and as long as no substantial changes have been made in the operation except in accordance with SMARA, state regulations, and this chapter. Where a person with vested rights has continued surface mining in the same area subsequent to January 1, 1976, they shall obtain Calaveras County approval of a reclamation plan covering the mined lands disturbed by such subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre and post-Act mining, the reclamation plan shall call for reclamation proportional to that disturbance caused by the mining after the effective date of the Act (January 1, 1976). All other requirements of state law and this chapter shall apply to vested mining operations.

A.

Applications for a development review, conditional use permit and/or reclamation plan for surface mining or land reclamation projects shall be made on forms provided by the planning department. Said application shall be filed in accord with this chapter and procedures to be established by the planning department. The forms for reclamation plan applications shall require, at a minimum, each of the elements required by SMARA (Sections 2772-2773) and state regulations, and any other requirements deemed necessary to facilitate an expeditious and fair evaluation of the proposed reclamation plan, to be established at the discretion of the planning director.

B.

As many copies of a reclamation plan application as may be required shall be submitted in conjunction with all applications for development review or conditional use permit for surface mining operations. For surface mining operations that are exempt from a conditional use permit pursuant to this chapter, the reclamation plan application shall include information concerning the mining operation that is required for processing the reclamation plan. All documentation for the reclamation plan shall be submitted to the Calaveras County planning department at one time.

C.

Applications shall include all required environmental review forms and information prescribed by the planning department.

D.

Upon completion of the environmental review procedure and filing of all documents required by the planning department, consideration of the reclamation plan and, if required, a development review or conditional use permit, for the proposed or existing surface mine shall made be pursuant to Chapter 17.27, Common Procedures, at a public hearing before the Planning Commission, and pursuant to Section 2774 of the Public Resources Code.

E.

Within thirty days of acceptance of an application as complete for a reclamation plan and, if required, a development review or conditional use permit, the planning department shall notify the State Department of Conservation of the filing of the application(s). Whenever mining operations are proposed in the 100-year flood plain of any stream, as shown in zone A of the flood insurance rate maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, the planning department shall also notify the State Department of Transportation that the application has been received.

F.

The planning department shall process the application(s) through environmental review pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) and the Calaveras County's CEQA Guidelines.

G.

Subsequent to the appropriate environmental review, the planning department shall prepare a staff report, including all comments received, with recommendations for consideration by the planning commission.

H.

The planning commission shall hold at least one noticed public hearing on the reclamation plan and, if required, the conditional use permit.

I.

Prior to final approval of a reclamation plan, financial assurances (as provided in this chapter), or any amendments to the reclamation plan or existing financial assurances, the planning commission shall certify to the State Department of Conservation that the reclamation plan and/or financial assurance complies with the applicable requirements of state law, and submit the plan, assurance, or amendments to the State Department of Conservation for review. If a conditional use permit is being processed concurrently with the reclamation plan, the planning commission may simultaneously approve the conditional use permit. However, the planning commission may defer action on the conditional use permit until taking final action on the reclamation plan and financial assurances. If necessary to comply with permit processing deadlines, the planning commission may conditionally approve the conditional use permit with the condition that the planning department shall not issue the conditional use permit for the mining operations until cost estimates for financial assurances have been reviewed by the State Department of Conservation and final action has been taken by the planning commission on the reclamation plan and financial assurances.

J.

Pursuant to PRC Section 2774(d), the State Department of Conservation shall be given thirty days to review and comment on the reclamation plan and forty-five days to review and comment on the financial assurance. The planning department shall evaluate written comments received, if any, from the State Department of Conservation during the comment periods. Staff shall prepare a written response describing the disposition of the major issues raised by the state for the planning commission's approval. When the planning commission's position is at variance with the recommendations and objections raised in the state's comments, the written response shall address, in detail, why specific comments and suggestions were not accepted. Copies of any written comments received and responses prepared by the planning department shall be promptly forwarded to the operator/applicant.

K.

The planning commission shall then take action to approve, conditionally approve, or deny the reclamation plan and, if required, the conditional use permit, and to approve the financial assurances pursuant to PRC Section 2770(d).

L.

The planning department shall forward a copy of each approved reclamation plan and, if required, development review or conditional use permit, and a copy of the approved financial assurances to the State Department of Conservation. By July 1st of each year, the planning department shall submit to the State Department of Conservation for each active or idle mining operation a copy of the development review, conditional use permit or reclamation plan amendments, as applicable, or a statement that there have been no changes during the previous year.

A.

All reclamation plans shall comply with the provisions of SMARA (Section 2772 and Section 2773) and state regulations (CCR Sections 3500-3505). Reclamation plans approved after January 15, 1993, reclamation plans for proposed new mining operations, and any substantial amendments to previously approved reclamation plans, shall also comply with the requirements for reclamation performance standards (CCR Sections 3700-3713).

B.

The county may impose additional performance standards either during review of individual projects, as warranted, or through the formulation and adoption of county-wide performance standards.

C.

Reclamation activities shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance. Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal, or fill, as approved by the county. Each phase of reclamation shall be specifically described in the reclamation plan and shall include all of the following:

1.

The beginning and expected ending dates for each phase.

2.

All reclamation activities required.

3.

Criteria for measuring completion of specific reclamation activities.

4.

Estimated costs for completion of each phase of reclamation.

The person submitting the reclamation plan shall sign a statement accepting responsibility for reclaiming the mined lands in accordance with the reclamation plan. Said statement shall be kept by the planning department in the mining operation's permanent record. Upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the planning department for placement in the permanent record.

A.

Site Approvals. In addition to any findings required by the Calaveras County Zoning Code, conditional use permit for surface mining operations shall include a finding that the project complies with the provisions of SMARA and state regulations.

B.

Reclamation Plans. For reclamation plans, the following findings shall be required:

1.

That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other applicable provisions;

2.

That the reclamation plan complies with applicable requirements of state regulations (CCR Sections 3500-3505, and Sections 3700-3713).

3.

That the reclamation plan and potential use of reclaimed land pursuant to the plan are consistent with this chapter and the Calaveras County general plan and any applicable resource plan or element.

4.

That the reclamation plan has been reviewed pursuant to CEQA and the Calaveras County environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5.

That the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values.

6.

That the reclamation plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the general plan and applicable resource plan.

7.

That a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that department. Where the county position is at variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted.

A.

To ensure that reclamation will proceed in accordance with the approved reclamation plan, the county shall require as a condition of approval security which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method acceptable to the county and the State Mining and Geology Board as specified in state regulations, and which the county reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan. Financial assurances shall be made payable to the county and the State Department of Conservation.

B.

Financial assurances will be required to ensure compliance with elements of the reclamation plan, including but not limited to, revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures, if necessary.

C.

Cost estimates for the financial assurance shall be submitted to the planning department for review and approval prior to the operator securing financial assurances. The planning department shall forward a copy of the cost estimates, together with any documentation received supporting the amount of the cost estimates, to the State Department of Conservation for review. If the State Department of Conservation does not comment within forty-five days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the county has reason to determine that additional costs may be incurred. The planning department shall have the discretion to approve the financial assurance if it meets the requirements of this chapter, SMARA, and state regulations.

D.

The amount of the financial assurance shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year. Cost estimates should be prepared by a California registered professional engineer and/or other similarly licensed and qualified professionals retained by the operator and approved by the planning department. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial operator other than the permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

E.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the county or State Department of Conservation may need to contract with a third party commercial company for reclamation of the site.

F.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed (including any maintenance required).

G.

The amount of financial assurances required of a surface mining operation for any one year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved reclamation plan. The financial assurances shall include estimates to cover reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

H.

Revisions to financial assurances shall be submitted to the planning department each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.

A.

Within 90 days of a surface mining operation becoming idle, the operator shall submit to the planning department a proposed interim management plan (IMP). The proposed IMP shall fully comply with the requirements of SMARA, including but not limited to all conditional use permit conditions, and shall provide measures the operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP detailing the proposed changes from the approved plan shall be submitted on forms provided by the planning department, and shall be processed as a minor amendment to the reclamation plan to be reviewed by the planning department.

B.

Upon receipt of a complete proposed IMP the planning department shall:

1.

Review the IMP for deviations from the original plan. Deviations determined by the planning director to be substantial shall require planning commission approval.

2.

Forward the IMP to the State Department of Conservation for review. The IMP shall be submitted to the State Department of Conservation at least 30 days prior to the county taking any action on the IMP.

C.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the planning director and the operator, the planning director, or the planning commission if deemed the reviewing body by the planning director pursuant to subsection (B)(1) of this section, shall review and approve or deny the IMP in accordance with this chapter. The operator shall have thirty days, or a longer period mutually agreed upon by the operator and the planning director, to submit a revised IMP. The revised IMP shall be approved or denied within sixty days of receipt. If the IMP is denied, the operator may appeal that action to the appropriate body pursuant to Section 17.27.140, Appeals.

D.

An approved IMP for idle operations shall maintain the operation status of "active" for the purposes of Section 17.27.110, Effective Dates; Expiration and Extension.

E.

Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine's IMP.

F.

The IMP may remain in effect for a period not to exceed five years, at which time the planning director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in accordance with its approved reclamation plan.

Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the planning department on a date established by the State Department of Conservation, upon forms furnished by the State Mining and Geology Board. New mining operations shall file an initial surface mining report and any applicable filing fees with the State Department of Conservation within 30 days of permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the State Department of Conservation at the time of filing the annual surface mining report.

A.

The planning department shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in the previous section, annual report requirements, to determine whether the surface mining operation is in compliance with the approved development review or conditional use permit and/or reclamation plan, approved financial assurances, and State regulations. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester, who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous twelve months, or other qualified specialists, as selected by the planning department. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

B.

The planning department shall notify the State Department of Conservation within thirty days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

If the planning director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this chapter, the applicable development review or conditional use permit, any required permit and/or the reclamation plan, Calaveras County shall follow the procedures set forth in Public Resources Code, Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of the county code for revocation and/or abandonment of permits which are not preempted by SMARA.

Any person aggrieved by an act or determination of the planning department in the exercise of the authority granted herein, shall have the right to appeal. An appeal shall be filed to the appropriate body pursuant to Section 17.27.140, Appeals.

The board of supervisors shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and the State regulations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. Such fees shall be paid by the operator, as required by the county, at the time of filing of the development review or conditional use permit application, reclamation plan application, and at such other times as are determined by the Calaveras County to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the mining operator.

A.

Mine development is encouraged in compatible areas before encroachment of conflicting uses. Mineral resource areas that have been classified by the State Department of Conservation's Division of Mines and Geology or designated by the State Mining and Geology Board, as well as existing surface mining operations that remain in compliance with the provisions of this chapter, shall be protected from intrusion by incompatible land uses that may impede or preclude mineral extraction or processing, to the extent possible for consistency with the Calaveras County general plan.

B.

In accordance with PRC Section 2762, the Calaveras County general plan and resource maps will be updated to reflect updated mineral information (classification and/or designation reports) within twelve months of receipt from the State Mining and Geology Board of such information. Land use decisions within the county will be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas will be considered and encouraged. Recordation on property titles of the presence of important mineral resources within the identified mineral resource areas may be encouraged as a condition of approval of any development project in the impacted area. Prior to approving a use that would otherwise be incompatible with mineral resource protection, conditions of approval may be applied to encroaching development projects to minimize potential conflicts.

If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, it shall not affect the remaining portions of this chapter.

The purpose of this chapter is to establish a planned development (PD) overlay zone that provides for one or more properties to be developed under a PD plan that provides for better coordinated development and incorporates development standards crafted to respond to site conditions to:

A.

Promote cohesive and aesthetically pleasing development;

B.

Provide for greater flexibility in the design of the developments than is otherwise possible through the strict application of zone regulations; and

C.

Promote innovation and creativity in building design and development concepts.

A planned development (PD) overlay zone shall be noted on the zoning map by adding the designation "- PD" to the base zone.

A PD overlay zone shall not be applied to a GF, TP, A1, or AP Zone.

No use other than an existing use is permitted in a PD overlay zone except in compliance with a valid PD plan.

A.

Any permitted or conditional use authorized by this title may be included in an approved PD Plan consistent with the general plan land use designation(s) for the property.

A.

Minimum Area. The minimum area of a PD overlay zone shall be five acres, except as provided below.

1.

Exception to Minimum Area Requirement. The board of supervisors may approve a smaller area if it finds that a PD overlay zone would provide greater benefits to the general welfare of the county residents and property owners than development under conventional zoning because of unique characteristics of the site or the proposed use.

B.

Residential Unit Density. Except where a density bonus is granted in compliance with Section 17.16.070, Density Bonus, the total number of dwelling units in a PD overlay zone shall not exceed the maximum number permitted by the general plan density for the total area of the planned development designated for residential use.

C.

Other Development Standards. Other development standards shall be as prescribed by the PD overlay zone. Where the PD overlay zone is silent regarding particular development standards, the development standards of the applicable base zoning district shall apply.

Plans for a project in a PD overlay zone shall be accepted for planning and building permits or subdivisions only if they are consistent with an approved PD plan and any conditions of approval or the PD overlay zone development standards. No project may be approved and no building permit issued unless the project, alteration or use is consistent with an approved PD plan and PD overlay zone.

The purposes of this chapter are to:

A.

Identify areas where specific plans are required.

B.

Identify all the adopted specific plans that apply in the county and reference the regulations that apply.

The provisions of this chapter apply to all land designated future specific plan on the general plan land use map and all areas within plan boundaries of specific plans adopted by the county.

A.

Adopted Specific Plans. Once adopted pursuant to Chapter 17.40, Specific Plans, a specific plan shall govern all use and development of properties within the bounds of that specific plan.

1.

Where a specific plan is silent regarding development standards, the provisions of this title shall govern.

2.

When a use is not specifically listed as permitted in the specific plan, the director shall assign the land use or activity to a classification that is substantially similar in character. Land uses not listed in the specific plan as permitted or not found to be substantially like a permitted use are prohibited.

3.

No discretionary entitlement applications or other permits may be approved, adopted, or amended within an area covered by a specific plan, unless found by the planning director to be consistent with the adopted specific plan.

No subdivision of land is permitted and no new or expanded use shall be approved on land designated future specific plan on the general plan land use map unless it conforms to the provisions of an adopted specific plan.

A.

Land within designated future specific plan areas are intended to provide for mixed use, recreational-based development consistent with the maximum density and intensity limitations established in the general plan.

B.

Future specific plans are expected to include open space, buffers and other measures to preserve and protect biological and cultural resources, enhance public access to recreational assets and include a diverse range of housing types including multi-family housing where appropriate, consistent with the general plan.

The following is a list of the county's adopted specific plans, as enacted at effective date of this ordinance.

A.

Copper Mill Specific Plan. See the Copper Mill specific plan on file with the county.

B.

Saddle Creek Specific Plan. See the Saddle Creek (Calaveras County Club) specific plan on file with the county.