A certified excavation/reclamation site plan prepared by a registered civil engineer, licensed land surveyor, or soils engineer;

An operational statement, on a form to be provided by the planning division, which describes the manner in which the excavation will operate;

A rehabilitation/reclamation plan on a form to be provided by the planning division which describes how the property will be rehabilitated/reclaimed;

A written legal description or record of survey of the property;

A fee as set by resolution of the city council sufficient to cover the cost of handing the application as prescribed in this chapter.

The proposal is for the removal of scarce mineral resources or in connection with grading of the property for development purposes.

The excavation will not have a detrimental effect on any surrounding agricultural land nor will it harm the capability of adjoining properties to be used for the purpose for which they are zoned.

The proposed rehabilitation of the property upon completion of the excavation, will leave the property in a condition which will allow its reuse consistent with its general plan designation.

Issuance of the permit shall not be significantly detrimental to the public health, safety, or welfare or injurious to the property or improvements in the vicinity and district in which the property is located.

Permitted Accessory Uses. Excavations may include the use of equipment, structures, and facilities necessary or convenient for the extraction, processing, storage, and transport of materials, including, but not limited to:

Stockpiling. No stockpiled soil or material shall be placed closer than 25 feet to a property boundary except as provided for in subsection O of this section.

Private Roads. Ml private roads involved in an excavation shall be maintained so as to control the creation of dust. The first 100 feet of any private road on the property which intersects with a publicly maintained road shall be surfaced in a manner approved by the agency responsible for the maintenance of the public road. Traffic-control and warning signs will be installed, if required, at such intersection. The placement, size, and wording of these signs shall be approved by the agency responsible for the maintenance of the public road.

Erosion Control. Protective vegetative planting shall be required, where necessary, for the control of erosion or retention of scenic values.

Noise, Vibration, Dust and Unsightliness. The operating practices utilized shall minimize noise, vibration, dust, and unsightliness.

Hours of Operation. Plant operations shall not be carried on during the hours from nine p.m. through six a.m., except during periods of declared national, state, county or city emergency. These hours shall be based on either Pacifica Standard Time or Pacifica Daylight Time, whichever is legally in effect. The hours of operation may be modified by the city council based upon the plant's potential effect on surrounding land uses.

Lighting. Any night lighting established on the property shall be arranged and controlled so as not to illuminated public rights-of-way or adjacent properties.

Emissions. All emissions shall be subject to the rules and regulations of the San Joaquin County Air Pollution Control District or its successors.

Replacement of Topsoil. In areas where property is to be rehabilitated for agricultural use, the topsoil shall be set aside and upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the conditional use permit. In areas where the property is to be rehabilitated for uses other than agriculture, this requirement may be waived and the topsoil removed from the site.

Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Manteca-Lathrop Fire Protection District or its successors.

Health Considerations. Excavations shall not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitoes, rodents, or other pests.

Setbacks. Final elevations with respect to abutting property shall meet the uniform building requirements in effect at the time of the application.

Slopes. Final slopes shall not exceed one and one-half feet horizontal to one foot vertical. Steeper slopes may be created in the conduct of extraction for limited periods of time prior to being backfilled to the final slope requirements, but shall not exceed one to one in any areas abutting a property line. Slopes of one to one may be maintained five feet below the lowest water table on the property experience in the preceding three years. The city council may require slopes less or greater than those specified above for safety or aesthetic purposes if the proximity of residential and other urban uses, waterways or roads, the instability of materials or the surrounding terrain so warrants. In any situation, temporary or permanent, where slopes exceed two feet horizontal to any one foot vertical, a soils report of a qualified civil engineer shall be required which demonstrates that the composition of the soil is of a type which will remain stable under the conditions imposed by the requested slope. If after one year or more of extraction the approved slopes do not remain stable, and an inspection of the site confirms this condition, the city council will have the authority to reduce the slopes in the remaining excavation in order to correct this condition as well as require the operator to correct the deteriorated slope.

Fencing. Six-foot high security fencing or an approved equivalent shall be required.

Screening. Where an open pit operation is visible from a public right-of-way, or property zoned or shown on the general plan for residential development, trees of a variety approved by the city council shall be planted at 10 foot intervals along all property lines adjacent to such road or property. As an alternative, oleanders or shrubs of a similar size and density may be planted at five foot intervals. The plant species, planning timetable, and maintenance program shall be designated in the permit application. The city council may approve the use of a vegetated berm of stockpiled topsoil to screen the pit provided that an adequate setback for maintenance is provided and sight distance at road intersections is not impaired.

Ponding. All water utilized in the plant operation shall be disposed of behind a closed dike unless an alternative method is approved by the city council.

Rehabilitation Schedule. Rehabilitation shall be completed as soon as feasible. A schedule for rehabilitation shall be a part of the approval of the excavation. It shall define each phase of the excavation. The phases may be based on the sequence in which individual areas are to be excavated and rehabilitated, or on the sequence in which various operations are to be carried out on each area of the excavation. In either case, the rehabilitation schedule shall clearly state the operation to be carried out in each area during each phase. The cost of rehabilitation shall be determined for each phase in order to determine the amount of the performance guarantee. The excavator shall complete the rehabilitation of each phase within two years of completion of the extraction portion of that phase, except the city council may approve an extension pursuant to Section 17.112.110.

Time Limitation. The city council may place a time limit on the conditional use permit for an excavation or any phase of the permit. Absent any specific time limitation, the conditional use permit for an excavation shall remain in effect as long as the excavation continues in compliance with the approved permit. If operations do not commence within one year after the date of approval of the permit, or if operations cease for period of one year or more, the conditional use permit for an excavation shall lapse and become void except for any requirements to rehabilitate the site.

Inspection of the Operation. The applicant shall pay a fee to city to cover the cost of periodic inspection of the excavation to assure compliance with the provisions of the permit. The cost of the inspections shall be set based on actual time spent conducting the inspections and making the necessary reports. Routine annual inspections shall be conducted by the department of public works and other agencies deemed necessary by the public works director to provide a complete review. If necessary, professional outside consultation shall be employed. The cost of such consultation shall be added to the inspection fee. Upon completion of the review, the public works director shall prepare a written report of the city council and the operator. Additional inspections may be conducted, but the cost of the additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the permit is found.

Revocation. If the inspections reveal noncompliance with the approved conditional use permit, the city council shall conduct a revocation hearing pursuant to Section 17.112.130. Should the permit be revoked, any trust fund, performance bond, other security provided for the project may be used to rehabilitate the property.

Guarantees of Performance. In order to ensure rehabilitation of the site and compliance with conditions of approval, the applicant shall provided financial guarantees as a condition of the issuance of the permit. The amount of the guarantee shall be based on the estimate cost of rehabilitation for each phase and shall be fully in force for any phase which is being excavated or has been excavated, but is not finally rehabilitated. The estimate cost of rehabilitating each phase shall be reviewed by the department of public works at the time of the application and every five after the approval of a permit. No financial guarantee shall be required for areas not excavated. The city council may modify the amount of the guarantee required based upon these reviews. When an inspection, as required by subsection S of this section shows that a phase has been rehabilitated in conformance with the approved permit, the planning director shall terminate the financial guarantee for that phase. On abandonment of the excavation for one year or more, insolvency of the operator, or any occurrence which, in the opinion of the city council, jeopardizes the rehabilitation of the excavation, the city may use all or any portion of the fund to rehabilitate the site. The type of financial guarantee proposed by the applicant under this section shall be found acceptable by the city attorney prior to the public hearing on the permit. The type of financial guarantee may be, but is not limited to:

Exception to Operating Conditions. The city council may grant an exception to any operating conditioned contained herein, except the requirement of a rehabilitation plan and guarantee of performance. A written request will be required to show that such exception will not result in a hazardous condition, the cost of strict compliance would be unreasonable in view of all circumstances, and such exceptions will not adversely affect property or persons in the area. Such request shall be filed with the original or a subsequent application and shall include a complete statement of justification.