This Chapter provides regulations and guidelines for the management of plant resources in the unincorporated areas of the County on property or combinations of property under private or public ownership. The intent is to:

   (a)   Promote and sustain the health, vigor and productivity of plant life and aesthetic values within the County through appropriate management techniques.

   (b)   Conserve the native plant life heritage for the benefit of all, including future generations.

   (c)   Protect native trees and plants from indiscriminate removal and to regulate removal activity.

   (d)   Provide a uniform standard for appropriate removal of native trees and plants in public and private places and streets to promote conservation of these valuable natural resources.

   (e)   Protect and maintain water productivity and quality in local watersheds.

   (f)   Preserve habitats for rare, endangered, or threatened plants and to protect animals with limited or specialized habitats.

(Ord. 4011, passed - -2007)

   The provisions in this Chapter apply to the removal or relocation of regulated trees or plants and to any encroachment (for example, grading) within the protected zone of a regulated tree or plant on all private land within the unincorporated areas of the County and on public lands owned by the County, unless otherwise specified. Nothing in this Chapter shall relieve nor be interpreted to exempt a development from complying with applicable State or Federal laws and regulations.

(Ord. 4011, passed - -2007)

   The provisions in this Chapter, except those of § 88.01.090 (Tree Protection From Insects and Disease), shall not apply to the removal of regulated trees or plants that may occur in the following situations. Removal actions shall not authorize the removal of perch trees within an identified American Bald Eagle habitat.

   (a)   Timber Operations. Removal as part of a timber operation conducted in compliance with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.).

   (b)   Government Owned Lands. Removal from lands owned by the United States, State of California, or local governmental entity, excluding Special Districts (i.e., Special Districts shall be subject to the provisions of this Division.).

   (c)   Public Utilities. Removal by a public utility subject to jurisdiction of the Public Utilities Commission or any other constituted public agency, including franchised cable TV, where to establish or maintain safe operation of facilities under their jurisdiction, trees are pruned, topped, or braced.

   (d)   State Agencies. Removal by, or under the authority of, the State of California:

      (1)   Department of Forestry and Fire Protection.

      (2)   Forest Improvement Program.

      (3)   Agricultural Conservation Program.

   (e)   Government Laws. Removal required by other codes, ordinances, or laws of the County, State, or United States.

   (f)   Emergency. Removal of native trees and plants that are an immediate threat to the public health, safety, or welfare and that require emergency removal to prevent probable damage to a structure or injury to people or fenced animals.

   (g)   Forest Stocking Control Program. Removal as part of a stocking control program prepared by a California Registered Professional Forester.

   (h)   Fire Hazard Reduction Program. Removal as part of a fire hazard reduction program approved by the Fire Chief.

   (i)   Bona Fide Agricultural Activity. Removal as part of a bona fide agricultural activity, as determined by the Director, which is one of the following:

      (1)   Conducted under a land conservation contract.

      (2)   An existing agricultural activity, including expansions of the activity onto undisturbed contiguous land.

      (3)   A proposed bona fide agricultural activity (i.e., an agricultural activity that is served by a water distribution system adequate for the proper operation of the activity).

         (A)   The Director shall be given 30 days’ written notice of the removal describing the:

            (I)   Location of the land.

            (II)   Nature of the proposed activity.

            (III)   Proposed sources of water for the activity.

         (B)   The Director shall notify the landowner in writing before the elapse of the 30-day period if, in the opinion of the Director, the activity is not a bona fide agricultural activity, or else the activity shall be deemed bona fide.

   (j)   Parcel less than 20,000 Square Feet Developed with Primary Structure. Removal on parcels that have a net area of 20,000 square feet or less and that are developed with a primary structure, other than a sign structure.

   (k)   Located Within 20 Feet of Permitted Structure. Removal from a parcel of a regulated native plant or tree that is within 20 feet of a structure that was constructed or set down on the parcel under a County development permit.

   (l)   Private Fuel Wood. Removal of two or fewer regulated native trees in the Mountain Region or Valley Region per year per acre for private fuel wood purposes. The year shall be measured as the last 12 consecutive months.

   (m)   Oak Woodlands. The following projects shall be exempt from the conditions for mitigating the conversion of oak woodlands required in § 88.01.050(e) (Native Tree or Plant Removal Permits - Conditions of Approval), below, in compliance with Public Resources Code § 21083.4:

      (1)   Projects undertaken in compliance with a Natural Community Conservation Plan or subarea plan within a Natural Community Conservation Plan, as approved in compliance with Fish and Game Code §§ 2800 et seq., that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this Chapter.

      (2)   Affordable housing projects for lower income households, as defined in Health and Safety Code § 50079.5, that are located within a city’s sphere of influence.

      (3)   Projects on agricultural land within an Agricultural Land Use Zoning District that includes land used to produce or process plant and animal products for commercial purposes.

      (4)   Projects undertaken in compliance with a State agency’s regulatory program certified in compliance with Public Resources Code § 21080.5.

(Ord. 4011, passed - -2007)

      (1)   Section 88.01.060(c) (Regulated Desert Native Plants);

      (2)   Section 88.01.070(b) (Regulated Trees); or

      (3)   Section 88.01.080(b) (Regulated Riparian Plants).

   (a)   When Tree or Plant Removal Permit Required. A Tree or Plant Removal Permit shall be required for the removal of a regulated tree or plant as identified in this Chapter.

      (1)   Removals in Conjunction with Land Use Application or Development Permit - Director Approval. The Director may approve the removal of regulated trees or plants when requested in conjunction with a land use application, a Building Permit, and all other development permits (e.g., Grading Permits, Mobile Home Setdown Permits, etc.). An approved land use application and/or development permit shall be considered to include a Tree or Plant Removal Permit, if the land use application or development permit specifically reviews and approves the removals. The review of a land use application or development permit shall consider and require compliance with this Chapter.

      (2)   Removals Not in Conjunction with Land Use Application or Development Permit - Director Approval. The Director may approve a Tree or Plant Removal Permit for the removal of regulated trees or plants requested not in conjunction with a land use application or development permit.

      (3)   Removals to Mitigate Fire Hazards - Fire Chief Approval. The Fire Chief may approve a Tree or Plant Removal Permit for the removal of regulated trees or plants when requested for the purposes of mitigating fire hazards and independent of a land use application or development permit.

   (b)    Expert Certification. The applicable review authority may require certification from an appropriate arborist, registered professional forester or a Desert Native Plant Expert that the proposed tree removal, replacement, or revegetation activities are appropriate, supportive of a healthy environment, and in compliance with this Chapter. The certification shall include the information in compliance with Department procedures.

   (c)   Preconstruction Inspections. A preconstruction inspection before approval of development permits shall be required in areas with regulated trees or plants to determine the presence of regulated trees and plants. The preconstruction inspection may be combined with any other required inspection.

   (d)   Duration of Tree or Plant Removal Permits.

      (1)   Removals in Conjunction with Land Use Application or Development Permit. The duration of a Tree or Plant Removal Permit, when issued in conjunction with a land use application and/or a development permit, shall have the same duration of the associated application or permit, unless otherwise specified.

      (2)   Removals Not in Conjunction with Land Use Application or Development Permit. The applicable review authority shall specify the expiration date for all other Tree or Plant Removal Permits.

   (e)   Conditions of Approval. A Tree or Plant Removal Permit may be subject to the following conditions imposed by the applicable review authority:

      (1)   Types of Conditions. The conditions may specify criteria, methods, and persons authorized to conduct the proposed activities in addition to the requirements in this Chapter.

      (2)   Transplanting or Stockpiling. Where indicated in this Chapter, regulated trees and plants may be required to be transplanted and/or stockpiled for future transplanting.

      (3)   Performance Bonds. The review authority may require the posting and maintenance of a monetary security deposit where necessary to ensure the completion of the required mitigation measures in compliance with § 86.06.050 (Performance Guarantees).

      (4)   Conversion of Oak Woodlands. If a project will result in a conversion of oak woodlands that will have a significant effect on the environment and is not exempt under § 88.01.030(m) (Exempt Activities - Oak Woodlands), one or more of the conditions in this Subdivision may be imposed in compliance with Public Resources Code § 21083.4. For the purposes of this Subdivision, “oak” shall mean a native tree species that is in the genus Quercus, which is not designated as Group A or Group B commercial species under regulations adopted by the State Board of Forestry and Fire Protection in compliance with Public Resources Code § 4526, and which is five inches or more in diameter as measured at a point four and one-half feet (breast height) above natural grade level. The applicable review authority may require certification from a Tree Expert that the proposed mitigation measures are appropriate, supportive of a healthy oak woodland environment, and in compliance with this Subdivision. The certification shall include the information in compliance with Department procedures. The conditions that may be imposed include one or more of the following:

         (A)   Preservation. Preserve existing oak woodlands by recording conservation easements in favor of the County or an approved organization or agency.

         (B)   Replacement or Restoration. Replace or restore former oak woodlands. The review authority may require the planting and maintenance of replacement trees, including replacing dead or diseased trees. The replacement ratio and tree sizes shall be based on the recommendation of an Oak Reforestation Plan prepared by a registered professional forester. The requirement to maintain trees in compliance with this Subdivision shall terminate seven years after the trees are planted.

         (C)   In-lieu mitigation fee. Contribute in-lieu mitigation fee to the Oak Woodlands Conservation Fund, established under Fish and Game Code § 1363 for the purpose of purchasing oak woodlands conservation easements. A project applicant who contributes funds in compliance with this Subdivision shall not receive or use a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project. The in-lieu fee for replacement trees shall be calculated based upon their equivalent value as established by the International Society of Arboriculture’s (ISA) current edition of Guide to Establishing Values for Trees and Shrubs, etc.).

         (D)   Other Mitigation Measures. Perform other mitigation measures as may be required by the review authority (e.g., inch-for-inch off-site replacement planting; transfer of development rights, enrollment of project with offset provider for carbon credits in greenhouse gas emission registry, carbon reduction, and carbon trading system; etc.).

   (f)   Findings for Tree or Plant Removal Permits. The applicable review authority may authorize the removal of a regulated tree or plant only if the following findings are made:

      (1)   Findings for Removals in the Valley Region, Mountain Region, and Desert Region. The removal of the regulated tree or plant is justified for one of the following reasons:

         (A)   The location of the regulated tree or plant and/or its dripline interferes with an allowed structure, sewage disposal area, paved area, or other approved improvement or ground disturbing activity and there is no other alternative feasible location for the improvement.

         (B)   The location of the regulated tree or plant and/or its dripline interferes with the planned improvement of a street or development of an approved access to the subject or adjoining private property and there is no other alternative feasible location for the improvement.

         (C)   The location of the regulated tree or plant is hazardous to pedestrian or vehicular travel or safety.

         (D)   The regulated tree or plant or its presence interferes with or is causing extensive damage to utility services or facilities, roadways, sidewalks, curbs, gutters, pavement, sewer line(s), drainage or flood control improvements, foundations, existing structures, or municipal improvements.

         (E)   The condition or location of the regulated tree or plant is adjacent to and in such close proximity to an existing or proposed structure that the regulated tree or plant has or will sustain significant damage.

      (2)   Additional Findings for Removals in the Mountain Region. In the Mountain Region only, the applicable review authority shall also make all of the following findings:

         (A)   Where improvements are proposed, the design of the improvements ensures that at least the following minimum percentage of the subject parcel will be maintained or established in a natural undeveloped vegetated or revegetated condition sufficient to ensure vegetative coverage for a forest environment, as determined by the applicable Review Authority.

            (I)   Twenty percent of commercial, industrial, and administrative/ professional uses.

            (II)   Thirty-five percent of multi-family residential uses.

         (B)   At least one half of natural areas for all uses, except single-family residential uses, will be located in the front setback area or located so that significant portions are visible from the public right-of-way on which the improvements are to be located.

         (C)   A perch tree within a federally identified American Bald Eagle habitat will not be removed unless an adequate substitution is provided.

         (D)   A Registered Professional Forester has certified in writing that the condition or location of a regulated tree is contributing to overstocked tree stand conditions and that its removal will improve the overall health, safety, and vigor of the stand of trees containing the subject tree.

      (3)   In the Desert Region only, the applicable Review Authority shall also make the following findings:

         (A)   Joshua trees that are proposed to be removed will be transplanted or stockpiled for future transplanting wherever possible.

         (B)   In the instance of stockpiling, the permittee has complied with Department policy to ensure that Joshua trees are transplanted appropriately. Transplanting shall comply with the provisions of the Desert Native Plants Act (Food and Agricultural Code §§ 80001 et seq.), as required by § 88.01.060(d) (Compliance with Desert Native Plants Act).

         (C)   No other reasonable alternative exists for the development of the land when the removal of specimen size Joshua Trees is requested. Specimen size trees are defined as meeting one or more of the following criteria:

            (I)   A circumference measurement equal to or greater than 50 inches measured at four and one-half feet above natural grade level.

            (II)   Total tree height of 15 feet or greater.

            (III)   Trees possessing a bark-like trunk.

            (IV)   A cluster of ten or more individual trees, of any size, growing in close proximity to each other.

   (g)   Plot Plan Requirements. Before the issuance of a Tree or Plant Removal Permit, a plot plan shall be approved by the applicable Review Authority for each site indicating exactly which trees or plants are authorized to be removed. The required information shall be added to any other required plot plan.

   (h)   Construction Standards. During construction and before final inspection under a development permit, the following construction standards shall apply, unless otherwise approved in writing by an arborist, registered professional forester, or a Desert Native Plant Expert:

      (1)   Enclosures. The trunks of regulated trees and regulated plants shall not be enclosed within rooflines or decking.

      (2)   Attachments. Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrase any live regulated tree or plant.

      (3)   Grade Alterations. No grade alterations shall bury any portion of a regulated tree or plant or significantly undercut the root system within the dripline.

   (i)   Enforcement.

      (1)   Other Applicable Code Provisions. The provisions of Chapter 86.09 (Enforcement) shall apply to this Chapter.

      (2)   Enforcement Authorities. The authorities responsible for the enforcement of the provisions of this Chapter shall be the same as the review authorities responsible for permit approvals as specified in this Section. In addition, the provisions of this Chapter may be enforced by the California Department of Forestry, where applicable.

      (3)   Extension of Time. If property is subject to snow, flooding, or other conditions that render compliance with the provisions of this Chapter within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

      (4)   Powers of Enforcement Officers.

         (A)   A peace officer or any authorized enforcement officer may in the enforcement of this Section:

            (I)   Make arrests without warrant for a violation of this Chapter that the officer may witness.

            (II)   Confiscate regulated native trees or plants, or parts of them, that are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this Chapter.

         (B)   In addition, a designated enforcement officer shall be authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the State, which is suspected of containing or having present regulated plants in violation of this Chapter in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this Chapter.

      (5)   When Enforcement Officer Vested with Power of Peace Officer. When power or authority is given by this Chapter to a person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. A person in whom the enforcement of a provision of this Chapter is vested shall have the power of a peace officer as to that enforcement, which shall include State or Federal agencies with which cooperative agreements have been made by the County to enforce the provisions of this Chapter.

      (6)   Written Permission of Landowner Required for Removal. No person shall remove or damage all or part of any regulated tree or plant on the property of another person without first obtaining notarized written permission from the landowner and required permits, wood receipts, or tags and seals. In addition, it shall be unlawful for a person to falsify a document offered as evidence of permission to enter upon the property of another to harvest all or parts of a regulated tree or plant, whether alive or dead.

      (7)   Permit Available for Display and Inspection. No person, except as provided in this Chapter, shall harvest, offer for sale, destroy, dig up or mutilate, or have in his or her possession a regulated plant or tree, or the living or dead parts of them, unless the plant or tree was harvested under a valid permit and, where applicable, a valid wood receipt on his or her person. A person shall exhibit the permit, wood receipt, tags and/or seals upon request for inspection by an authorized County enforcement officer or any peace officer. No wood receipt or tag and seal shall be valid unless it is issued with a valid permit and the permit bears the wood receipt number or tag number on its face. Required tags and seals shall be attached securely to a regulated desert native plant.

      (8)   Land Disturbance. No person, except as provided in this Chapter, shall commence with a disturbance of land (e.g., grading or land clearing) without first obtaining approval to assure that said disturbance will not result in the removal of any regulated native trees or plants. Said approval may be in the form of a development permit or a Tree or Plant Removal Permit issued by the appropriate authority.

   (j)   Penalties. Penalties shall be those specified in Chapter 86.09 (Enforcement) and shall include the following and any other penalties specified by individual Sections of this Chapter.

      (1)   Fine for Illegal Removal.

         (A)   In addition to other penalties and fees imposed by this Development Code or other law, a person, firm, or corporation convicted of a violation of the provisions of this Chapter shall be guilty of a misdemeanor upon conviction.

         (B)   When one or more plants or trees are removed in violation of the provisions of this Chapter, the removal of each separate plant or tree shall be a new and separate offense.

         (C)   The penalty for the offense shall be a fine of not less than $500.00 nor more than $1,000.00, or six months in jail, or both.

         (D)   Payment of a penalty shall not relieve a person, firm, or corporation from the responsibility of correcting the condition resulting from the violation.

      (2)   Replacement Program for Illegal Removal.

         (A)   In addition to other penalties imposed by this Development Code or other law, a person, firm, or corporation convicted of violating the provisions of this Chapter regarding improper removal of regulated native trees or plants shall be required to retain, as appropriate, a Tree Expert or Desert Native Plant Expert to develop and implement a replacement program.

         (B)   The expert shall determine the appropriate number, size, species, location, and planting conditions for replacement plants or trees in sufficient quantities to revegetate the illegally disturbed area.

         (C)   If it is inappropriate to revegetate the illegally disturbed area, another appropriate location (e.g., public parks) may be substituted at the direction of the court.

         (D)   The violator shall post a bond in an amount sufficient to remove and reinstall plant/tree materials that were planted as a part of a replacement program and failed within two years.

      (3)   Revocation of Permits.

         (A)   Upon conviction of a violation of this Chapter, all Tree or Plant Removal Permits issued to the convicted person, firm, or corporation shall be revoked.

         (B)   No new or additional Tree or Plant Removal Permits shall be issued to the permittee for a period of one year from the date of conviction.

         (C)   Additionally, in the Desert Region the permittee shall be required to surrender unused wood receipts or tags and seals to the Director.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   This Section provides regulations for the removal or harvesting of specified desert native plants in order to preserve and protect the plants and to provide for the conservation and wise use of desert resources. The provisions are intended to augment and coordinate with the Desert Native Plants Act (Food and Agricultural Code §§ 80001 et seq.) and the efforts of the State Department of Food and Agriculture to implement and enforce the Act.

   (a)   Definitions. Terms and phrases used within this Section shall be defined in Division 10 (Definitions) and/or defined by the California Food and Agricultural Code. The California Food and Agricultural Code definition, if one exists, shall prevail over a conflicting definition in this Development Code.

   (b)   Applicability. The provisions of this Section shall apply to desert native plants specified in Subdivision (c) (Regulated Desert Native Plants) that are growing on any of the following lands, unless exempt in compliance with § 88.01.030 (Exempt Activities):

      (1)   Privately owned or publicly owned land in the Desert Region.

      (2)   Privately owned or publicly owned land in any parts of the Mountain Region in which desert native plants naturally grow in a transitional habitat.

   (c)   Regulated Desert Native Plants. The following desert native plants or any part of them, except the fruit, shall not be removed except under a Tree or Plant Removal Permit in compliance with § 88.01.050 (Tree or Plant Removal Permits). In all cases the botanical names shall govern the interpretation of this Section.

      (1)   The following desert native plants with stems two inches or greater in diameter or six feet or greater in height:

         (A)   Dalea spinosa (smoketree).

         (B)   All species of the genus Prosopis (mesquites).

      (2)   All species of the family Agavaceae (century plants, nolinas, yuccas).

      (3)   Creosote Rings, ten feet or greater in diameter.

      (4)   All Joshua trees.

      (5)   Any part of any of the following species, whether living or dead:

         (A)   Olneya tesota (desert ironwood).

         (B)   All species of the genus Prosopis (mesquites).

         (C)   All species of the genus Cercidium (palos verdes).

   (d)   Compliance with Desert Native Plants Act. Removal actions of all plants protected or regulated by the Desert Native Plants Act (Food and Agricultural Code §§ 80001 et seq.) shall comply with the provisions of the Act before the issuance of a development permit or approval of a land use application.

   This Section provides regulations to promote conservation and wise use of forest resources in the Mountain Region and native tree resources in the Valley Region. The provisions are intended to augment and coordinate with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.) and the efforts of the State Department of Forestry and Fire Protection to implement and enforce the Act.

   (a)   Applicability.

      (1)   Private Harvesting. The provisions of this Section apply to the private harvesting of all trees growing on private land and on public land in the unincorporated Mountain Region and Valley Region.

      (2)   Commercial Harvesting. The commercial harvesting of trees shall be prohibited, except as allowed by and authorized by the State Department of Forestry and Fire Protection in compliance with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.).

   (b)   Regulated Trees. The following trees shall only be removed with an approved Tree or Plant Removal Permit issued in compliance with § 88.01.050 (Tree or Plant Removal Permits):

      (1)   Native Trees. A living, native tree with a six inch or greater stem diameter or 19 inches in circumference measured four and one-half feet above natural grade level.

      (2)   Palm Trees. Three or more palm trees in linear plantings, which are 50 feet or greater in length within established windrows or parkway plantings, shall be considered to be heritage trees and shall be subject to the provisions of this Chapter regarding native trees.

   (c)   Tree Protection from Insects and Disease. For regulations on the treatment and disposition of felled trees, see § 88.01.090 (Tree Protection from Insects and Disease).

(Ord. 4011, passed - -2007)

   This Section provides regulations to promote healthy and abundant riparian habitats that protect watersheds; control transmission and storage of natural water supplies; provide unique wildlife habitats for rare, endangered and threatened plants and animals; provide attractive environments; control natural soil erosion and sedimentation to protect stream banks subject to erosion and undercutting; and provide sufficient shade to reduce temperature and evaporation and the growth of algae in streams. The provisions of this Section are intended to augment and coordinate with the responsibilities of the California Department of Fish and Game.

   (a)   Applicability.

      (1)   Applicable Areas. The provisions of this Section shall apply to all riparian areas located on private land in all zones within the unincorporated areas of the County and to riparian areas on public land owned by the County, unless exempt as specified by § 88.01.030 (Exempt Activities) and by Subdivision (2) (Exemptions), below.

      (2)   Exemptions. The provisions of this Section shall not apply to:

         (A)   Emergency Flood Control District operations or water conservation measures established and authorized by an appropriate independent Special District.

         (B)   An area that has an existing man-made impervious structure, which is greater than 120 square feet in roof area, between the area proposed to be disturbed by a development permit and the bank of a subject stream, as measured in a straight line perpendicular to the centerline of the stream.

   (b)   Regulated Riparian Plants.

      (1)   Vegetation Described. The removal of vegetation within 200 feet of the bank of a stream, or in an area indicated as a protected riparian area on an overlay map or Specific Plan, shall require approval of a Tree or Plant Removal Permit in compliance with § 88.01.050 (Tree or Plant Removal Permits) and shall be subject to environmental review.

      (2)   Streams. For the purposes of this Section, streams include those shown on United States Geological Survey Quadrangle topographic maps as perennial or intermittent, blue or brown lines (solid or dashed), and river wash areas.

   (c)   Preconstruction Inspections. Preconstruction inspections shall include the verification of the presence of riparian vegetation.

   (d)   Conditions of Approval. Conditions of approval for removal of riparian vegetation may be imposed in addition to, and in combination with, any condition imposed in compliance with § 88.01.050 (Tree or Plant Removal Permits).

(Ord. 4011, passed - -2007; Am. Ord. 4057, passed - - 2008)

   This Section provides regulations for the treatment and disposition of felled trees in the Mountain Region to protect against damaging insects (e.g. bark beetles) and diseases. The intent is to mitigate the serious danger posed to forests from coniferous trees that are cut in land clearing operations and are then allowed to remain exposed and untreated against noxious insects, which then multiply in the felled trees to later attack and damage healthy coniferous trees.

   (a)   Applicability. The provisions in this Section apply to coniferous trees located on land in the Mountain Region. Every person, firm, or corporation, whether as principal, agent, or employee, that has control of, right of entry on, or access to land in the Mountain Region shall comply with this Section.

   (b)   Treatment of Felled Trees. Except as otherwise provided by this Section, felled coniferous trees, portions of trees, and stumps shall be treated in compliance with at least one, or a combination, of the following methods and the method in Subdivision (c) (Stump Treatment), below, within 15 days after a coniferous tree has been cut.

      (1)   Remove to a solid waste disposal site specifically designated by the County for this type of use.

      (2)   Burn sufficiently to consume the bark, when allowed by the Fire Department and the Air Pollution Control District.

      (3)   Lop and scatter material less than four inches in diameter so that it is piled no higher than 24 inches above the ground, when allowed by the Fire Department.

      (4)   Remove the bark.

      (5)   Chip or grind.

      (6)   Split and scatter with bark toward the sun for a minimum of 45 consecutive days or until final inspection is completed, whichever is less.

      (7)   Stack in the sun and cover with six mil clear plastic, which has a continuous seal from the outside and for at least 180 days.

      (8)   Spray with a commercial insecticide, as approved by the Agricultural Commissioner for these insects and purposes.

      (9)   Treat under any other method approved by the enforcement officer in writing.

   (c)   Stump treatment. Fresh cut stumps of live coniferous trees shall be protected from infection by Annosus Root Rot (Fomes annosus) with borax powder (granular tech, ten mole) as soon as possible after felling, covering the entire newly exposed cut and/or broken surface completely with a thin uniform layer of white borax within two hours.

   (d)   Inspections. In the case of construction activity, the Building Official shall not approve development permit inspections until felled coniferous trees, portions of trees, and stumps are treated in compliance with this Section.

   (e)   Certificate of Compliance. Where trees have been treated by an approved method and the evidence of treatment is not readily observable to the inspector on the construction site, the Building Official shall require a permittee to obtain a certificate that the treatment has been completed in an acceptable manner. The certificate may be from one of the following authorities

      (1)   Fire Chief.

      (2)   Agricultural Commissioner.

      (3)   Appropriately certified Pest Control Adviser as defined in Food and Agricultural Code §§ 11401 et seq.

      (4)   Qualified Applicator as defined in Food and Agricultural Code §§ 11401 et seq. 

   (f)   Extension of Time of Enforcement. If compliance with Subdivision (b) (Treatment of Felled Trees) and Subdivision (c) (Stump Treatment) within the specified time periods is impractical because of inaccessibility to the cut timber due to snow or flooding, an enforcement officer may extend the period of time for compliance.

(Ord. 4011, passed - -2007)

   The Chapter establishes uniform standards and processes for regulating development that disturbs the surface of lands. The intent of these provisions is to:

   (a)   Ensure conservation of soil, water, and other valuable natural resources.

   (b)   Reduce erosion and maintain soil productivity.

   (c)   Maintain healthy environments and air quality.

   (d)   Guide the planning and evaluation of proposed development.

(Ord. 4011, passed - -2007)

   Each Section in this Chapter describes activities that disturb land surfaces and the applicable regions; identifies required permits and plans for the activities; and provides regulations to mitigate the adverse impact of the activities.

(Ord. 4011, passed - -2007)

   The intent of this Section is not to invalidate existing discretionary permits, but rather to prevent or mitigate accelerated erosion. The following activities shall be exempt from the provisions of this Chapter, except § 82.13.080(c) (General Erosion Control Requirements) and conditions of accelerated erosion existing before adoption of this Development Code.

   (a)   Activities Not Resulting in Land Disturbance. Activities where the Building Official recognizes that no land disturbance will take place, including:

      (1)   Change of use permits where there would be no expansion of land disturbing activities.

      (2)   Construction within an existing structure.

   (b)   Agricultural Activities. Agricultural grading and routine agricultural activities (e.g., plowing, harrowing, discing, ridging, listing, land planning, and similar operations to prepare a field for a crop, including routine clearing to maintain existing rangeland, etc.).

   (c)   Land Clearing Activities for Fire Prevention. Land clearing and vegetation clearance around structures as required by State and local fire codes and fire prevention guidelines. Land clearing shall be limited to that required to comply with applicable fire codes and regulations.

   (d)   Resource Management Activities. Clearing, fuel management, reforestation, erosion control, or other resource management programs that are carried out under the auspices of a government agency and that include appropriate erosion control measures. Agencies should notify the Building Official of these types of projects.

   (e)   Road/Utility Construction and Maintenance Activities. Road construction and maintenance as well as installation of utilities in compliance with plans and procedures approved by the Director of Public Works; provided that adequate measures, consistent with the intent of this Chapter, have been taken to control erosion and the flow of sediment into lakes, streams, and drainage courses.

   (f)   Septic System and Well Installation and Repair Activities. Activities in compliance with a valid permit for septic system installation and repair or well drilling; however § 82.13.080(e)(4) (Land Clearing Measures - Installation and Maintenance of Protection) and § 82.13.080(f)(1) (Winter operation Measures - Winter Operation Erosion Control Measures) shall apply and sediment from the septic system installation and repair or well drilling activities shall not be allowed to enter a stream or body of water.

   (g)   Soil Testing Activities. Routine testing of soil type and characteristics to determine soil suitability, water percolation, or similar soil tests; provided, however, that sediment from these activities shall not be allowed to enter a stream, drainage course, or body of water.

   (h)   Timber Harvesting Activities. Timber harvesting activities subject to and in compliance with a valid Timber Harvest Plan approved in compliance with the Z’berg-Nejedly Forest Practice Act of 1973 (Public Resources Code §§ 4526 et seq.).

(Ord. 4011, passed - -2007)

   This Section provides regulations for disturbances to fragile desert soils in order to reduce the amount of fugitive dust that may (for long periods of time) adversely affect those who own; possess, control; or use residential parcels of land; and those who are located downwind of a residential parcel of land whose surface is being disturbed.

   (a)   Applicability. The provisions in this Section apply to parcels in the Desert Region that are one acre or greater in size and are utilized for residential purposes.

   (b)   Permit Requirements. A land use permit shall not be required for grading, land clearing, or vegetation removal activities that comply with Subdivision (c) (Dust Control Standards - Desert Region), below. If more extensive grading, land clearing, or vegetation removal activities are proposed than allowed in Subdivision (c), the activities shall be require approval of a Site Plan Permit in compliance with Chapter 85.08 (Site Plan Permit).

   (c)   Dust Control Standards - Desert Region. Land shall be cleared or natural vegetation shall be removed only in order to provide for the installation of building pads, driveways, landscaping, agriculture, or some other structure or allowed use normally related or accessory to residential uses. No person, except as provided in this Chapter, shall commence with a disturbance of land (e.g., grading or land clearing) without first obtaining approval to assure that said disturbance will not result in a significant increase of fugitive dust. Said approval may be in the form of a development permit.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   This Section provides regulations to conserve soil resources and to minimize the injurious effects of dust storms.

   (a)   Statement of Hazardous Wind Erosion Conditions. The Board finds and determines that:

      (1)   Existence of Hazardous Wind Erosion Conditions. Serious and hazardous wind erosion problems exist within portions of the County creating conditions that adversely affect the health, safety, welfare, and property of residents of the County.

      (2)   Reasons for Hazardous Wind Erosion Conditions. These conditions exist because of:

         (A)   Improper and untimely disturbance of the surface or subsurface of land, the soil of which is coarse textured and of a sandy nature; and

         (B)   The character and the presence of strong prevailing winds, seasonal and otherwise, that progressively erode land and blow soil in substantial quantity onto public and private property.

      (3)   Public Nuisance. The hazardous wind erosion conditions constitute a public nuisance.

      (4)   Areas of Hazardous Wind Erosion Conditions. Hazardous wind erosion conditions are prevalent and in need of immediate correction within the boundaries of property described in Subdivision (b) (Applicability), below.

   (b)   Applicability. The following areas of the County shall be subject to the provisions of this Section:

      (1)   Unincorporated Area near Rancho Cucamonga in the Valley Region. Beginning at the north quarter corner of Section 26, Township 1 north, Range 7 west, San Bernardino Meridian, said corner being also the centerline intersection of Hermosa and Wilson Avenues; Thence north along said centerline of Hermosa Avenue and its prolongation to the southerly boundary of the San Bernardino National Forest; Thence easterly along said southerly boundary, following all of its various courses to the centerline of Interstate 15;Thence southwesterly along said centerline to the centerline of East End Avenue; Thence south along said centerline of East End Avenue and its prolongation to the boundary of San Bernardino County; Thence west along said County boundary and continuing along said County boundary, following all of its various courses to the centerline of State Highway 71; Thence northerly along said centerline of State Highway 71 to the centerline of Euclid Ave.; Thence northerly along said centerline of Euclid Ave. to the north quarter corner of Section 30, Township 1 north, Range 7 west, said corner being also the centerline intersection of Euclid Ave. and 24th Street; Thence easterly along said centerline of 24th street to the point of beginning.

      (2)   Unincorporated area In Wonder Valley Fire and Road District in the Desert Region. That territory commonly known as Wonder Valley and more particularly described as follows:

         T2N, R9E, Sections 25 and 36;

         T2N, R9E, Sections 1, 12, 13 and 24;

         T1N, R10E, Sections 1 through 25;

         T1N, R11E, Sections 1 through 30; and

         T1N, R12E, Sections 1 through 30.

      (3)   Other Unincorporated Territory. On recommendation of the Agricultural Commissioner and with the approval of the Board, additional unincorporated areas of the County may be made subject to this Section when conditions exist as stated in Subdivision (a) (Statement of Hazardous Wind Erosion Conditions), above.

      (4)   Territory Within City Limits. The Agricultural Commissioner may enforce the provisions of this Section within the city limits of any city located in the County upon the occurrence of all of the following:

         (A)   Adoption by the governing body of the city of all provisions of this Section (excluding those in this Subdivision (b) (Applicability).

         (B)   Designation of the city’s geographical area to which the provisions of this Chapter shall apply.

         (C)   Entrance by the city into a contract with the County for enforcement of this Chapter by the Agricultural Commissioner. The Board’s Fee Resolution shall set the fee for enforcement.

   (c)   Dust Prevention Required. To conserve the soil resources within the areas described in Subdivision (b) (Applicability), above, and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property within the identified areas shall take reasonable measures and means to prevent dust blowing from the property.

   (d)   Soil Erosion Permit - When Required. A Soil Erosion Permit issued by the Agricultural Commissioner shall be required before undertaking activities that will result in:

      (1)   Disturbing the surface or subsurface of land by excavating, leveling, cultivating, discing, plowing, blading, removing residues, natural or planted tree, vine or root crops; or by distributing or spreading a substantial quantity of similar soil on the land; or

      (2)   Aggravating erosion, whether by any of the activities described in Subdivision (1), above, or by the recreational use of off-road vehicles at any time;

   (e)   Exempt Activities. A Soil Erosion Permit shall not be required to disturb the surface or subsurface of the land under the following circumstances; however, prevention of blowing dust as required by Subdivision (c) (Dust Prevention Required) shall still apply:

      (1)   When activities are required by another ordinance, statute, rule or regulation.

      (2)   When necessary to grade, trench, or otherwise install, repair or replace utility services within the boundaries of utility or public rights-of-way when the activities are completed within 72 hours.

      (3)   When the disturbance or proposed activity is confined to an area of one acre or less.

      (4)   When a viticulturist properly utilizes a Noble blade to control weed growth within a vineyard.

      (5)   When the soil disturbance occurs as an agricultural practice within an Agricultural Preserve established in compliance with Chapter 86.10 (Agricultural Preserves/Land Conservation Contract Actions).

   (f)   Permit Application Filing, Processing, and Review Procedures.

      (1)   Permit Application. An application for the Soil Erosion Permit shall be made in writing to the Agricultural Commissioner on forms provided by the County.

      (2)   Contents of Application. The application shall include the following information:

         (A)   Applicant’s name, address, and phone number.

         (B)   Location and Assessor’s Parcel Number of the property.

         (C)   A description of the cause and purpose of the soil disruption.

         (D)   A description of the protective measures to be used by the applicant.

         (E)   Approximate starting and completion dates of the soil disruption and building construction/landscaping.

         (F)   Name and telephone number of the responsible person during windy periods.

         (G)   Other information as is required to enable the Agricultural Commissioner to fix and prescribe appropriate conditions that will prevent or minimize wind erosion of the permittee’s soil.

      (3)   Permit Fees. The fee for a Soil Erosion Permit shall be identified in the Planning Fee Schedule.

      (4)   Conditions. The Soil Erosion Permit shall be subject to conditions that the Agricultural Commissioner may impose to ensure that surface protection is provided before, during, and/or after the time of the disturbance of the surface or subsurface of the land. Protective measures required by the Agricultural Commissioner shall be provided by means of agricultural measures or any other effective method, or combination of methods, of holding the soil in place.

      (5)   Notification of Decision. The Agricultural Commissioner shall inform the applicant in writing of the Agricultural Commissioner’s decision. The notification shall include a description of the right to an appeal and the ten day deadline for filing an appeal as required in § 88.02.050(j) (Appeals), below.

      (6)   Annual Permit Renewals and Fee Payments. Annual renewal and payment of appropriate fees shall be required until the Agricultural Commissioner releases the permittee from the permittee’s obligations under the permit in compliance with Subdivision (7), (Continuing Obligation to Prevent Erosion until Release), below.

      (7)   Continuing Obligation to Prevent Erosion until Release. In order to prevent the soil on the land from being eroded by wind and blown onto public roads or other public or private property, the permittee’s obligations under the Soil Erosion Permit shall continue in force and effect, regardless of whether the permit has been renewed as required by Subdivision (6) (Annual Permit Renewals and Fee Payments), until the Agricultural Commissioner has notified the permittee in writing that the permittee’s obligations under the Soil Erosion Permit are released.

   (g)   Agricultural Commissioner Authority.

      (1)   Authorized Actions. Subject to the restrictions in this Section regarding constitutional freedoms and laws respecting rights of privacy, the Agricultural Commissioner shall have authority, at all reasonable times, to enforce this Section and to:

         (A)   Enter upon any property to investigate for violations of this Section.

         (B)   Detain any person for purposes of investigation.

         (C)   Issue Temporary Stop Work Orders in compliance with Subdivision (i) (Temporary Stop Work Orders), below.

         (D)   Issue a citation to a person committing a misdemeanor or an infraction offense under this Section within the presence of the Agricultural Commissioner.

      (2)   Inspection or Abatement.

         (A)   The inspection or abatement of a structure or private property shall be made:

            (I)   With the consent of the owner or occupant of the property; or

            (II)   If consent is refused, with a warrant issued in compliance with Code of Civil Procedure § 1822.50 (Title 13 [Inspection Warrants] of Part 3 [Special Proceedings of a Civil Nature]).

         (B)   However, in the event of an emergency affecting the public health or safety, an inspection or abatement may be made without consent or the issuance of a warrant.

   (h)   Abatement of Hazardous Conditions.

      (1)   Notice of Hazardous Conditions. When land presents a hazardous condition that may affect the health, safety, and welfare of neighboring residents (because of the condition of the land with regard to loose soil and windy conditions), the landowners of record shall be notified by the Agricultural Commissioner in writing by first class mail of the conditions.

      (2)   Deadline for Abatement. If these conditions are not corrected within 30 days of the mailing of the notice, the Agricultural Commissioner may order the conditions to be corrected as reasonably and economically as possible in compliance with the discretion of the Agricultural Commissioner. However, when time is of the essence and emergency action is necessary to put into effect these protective provisions, the Agricultural Commissioner may take immediate steps to abate the hazardous soil erosion condition.

      (3)   Assessment of Abatement Costs.

         (A)   The County Auditor shall pay the cost of the abatements that may be conducted by the County from the funds of the Agricultural Commissioner.

         (B)   The total cost of each abatement shall be computed and an administrative fee of 20 percent of the cost shall be added to the bill.

         (C)   A bill for the entire sum of the costs and administrative fee shall be mailed to the owner of record of the subject land, as determined by and at the address in the County Assessor’s records. A copy of the bill shall be sent to the County Auditor. The bill shall include an itemized statement covering the work necessary for the abatement of the hazardous condition.

         (D)   If the record owner of the land or his or her agent does not pay the bill within 30 days after the mailing, the Agricultural Commissioner shall certify to the Auditor the demands remaining unpaid on the bill, together with any other information required by law. The County Auditor shall enter the amount of the bill on the tax roll as a special assessment and tax lien on the property from which abatement of the hazardous condition was accomplished. The special assessment shall be included on the next succeeding tax statement. From that time forward, the amounts of the assessment shall be:

            (I)   Collected at the same time and in the same manner as County taxes are collected; and

            (II)   Subject to the same penalties and the same procedure and sale in cases of delinquencies as provided for ordinary taxes.

      (4)   Cancellation or Refund of Abatement Assessments. All or any portion of the assessment entered, shall, on order of the Board of Supervisors, be cancelled by the County Auditor if uncollected, or refunded by the County Treasurer under the order of the Board of Supervisors, if the assessment was entered, charged, or paid:

         (A)   More than once.

         (B)   Through clerical error.

         (C)   Through the error of the Board of Supervisors or of the Agricultural Commissioner in respect to any material fact, including the case where the expense records indicate the County abated a hazardous condition on the property, but in fact no hazardous condition existed on the property or the County did not abate the hazardous condition existing on the property.

         (D)   Illegally.

         (E)   On property acquired after the lien by the State or any city, county, school district or other public entity, and because of public ownership the property is not subject to sale for delinquent taxes.

      (5)   Eligibility Requirements for Refund Claims. No order for refund shall be made except on a claim that is:

         (A)   Verified by the person who paid the special assessment or the representative of that person or that person’s estate; and

         (B)   Filed within three years after making the payment to be refunded.

   (i)   Temporary Stop Work Orders.

      (1)   Issuance. The Agricultural Commissioner may issue a Temporary Stop Work Order and the subject soil disturbing operation shall immediately be stopped, whether a permit has been issued or not, when:

         (A)   A permit has been issued, but not all of the permit requirements have been complied with. The Temporary Stop Work Order may require that all work cease until all the permit requirements have been met.

         (B)   Operations are in progress, with a permit or not, and weather conditions are causing substantial dust to be carried into the air. The Temporary Stop Work Order may require the cessation of all work until the current dust air pollution is abated.

         (C)   Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued.

      (2)   Appeal Not Allowed. A Temporary Stop Work Order shall not be subject to an appeal.

   (j)   Appeals.

      (1)   Eligible Appellant. Upon receipt to the Agricultural Commissioner’s written decision to deny a Soil Erosion Permit or to impose conditions on the issuance of a Soil Erosion Permit, an applicant may appeal the decision to the Soil Erosion and Dust Prevention Appeals Board.

      (2)   Filing Deadline. The appeal shall be filed in writing within ten working days of the Agricultural Commissioner’s action.

      (3)   Soil Erosion and Dust Prevention Appeals Board. The Soil Erosion and Dust Prevention Appeals Board shall consist of the following members:

         (A)   An employee of the Office of the Agricultural Commissioner, but not any employee who acted on the subject permit request of the appellant;

         (B)   An employee of the General Services Group; and

         (C)   A designee of the Inland Empire West Resource Conservation District.

      (4)   Notice and Date of Hearing. The Soil Erosion and Dust Prevention Appeals Board shall, upon receipt of an appeal set the matter for hearing and shall notify the appellant of the hearing date at least 15 days before the date. If the appellant resides outside the County, the period of notice shall be at least 25 days.

      (5)   Action by Soil Erosion and Dust Prevention Appeals Board. The Soil Erosion and Dust Prevention Appeals Board shall act on the appeal and its determination shall be conclusive.

      (6)   Notification of Board’s Decision. Notification of the Soil Erosion and Dust Prevention Board’s decision shall be mailed to the appellant.

   (k)   Violation. Failure to comply with the terms of a Soil Erosion Permit shall be unlawful. A violation of this Section or the terms of the permit may be found without present evidence of blowing sand or soil erosion.

   (l)   Penalties for Violation. Unless otherwise provided, a person, firm, company, or corporation violating the provisions of this Section shall be guilty of an infraction or misdemeanor as specified below. Each day or portion of a day in which the violation exists shall be a new and separate offense.

      (1)   First and Second Violations. Any person convicted shall be:

         (A)   Guilty of an infraction offense and punished by fine not exceeding $100.00 and not less than $50.00 for a first violation.

         (B)   Guilty of an infraction offense and punished by a fine not exceeding $200.00, but not less than $100.00 for a second violation.

         (C)   Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.

      (2)   Third and Additional Violations. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 and not less than $500.00 or six months in jail, or both.

      (3)   Correction Required Even If Penalty Paid. Payment of a penalty shall not relieve a person, firm, corporation, or other entity from responsibility for correcting the condition resulting from the violation.

(Ord. 4011, passed - -2007)

   (a)   Extraction of Minerals Essential to County Economic Well-Being. The County recognizes that the extraction of minerals is essential to the continued economic well-being of the County and its residents and to societal needs 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.

   (b)   Surface Mining in Diverse Areas. The 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 their related specifications may vary accordingly.

   (c)   Purpose and Intent. The purpose and intent of this Chapter is to ensure the continued availability of important mineral resources, while regulating surface mining operations as required by:

      (1)   California’s Surface Mining and Reclamation Act of 1975 (Public Resources Code §§ 2710 et seq.) (SMARA).

      (2)   Public Resources Code § 2207 (relating to annual reporting requirements).

      (3)   State Mining and Geology Board regulations (“State regulations”) for surface mining and reclamation practice (Code of Regulations §§ 3500 et seq.) to ensure that:

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

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

         (C)   Residual hazards to the public health and safety are eliminated.

(Ord. 4011, passed - -2007)

   (a)   Incorporation of SMARA and State Regulations. The provisions of the California Surface Mining and Reclamation Act of 1975 (Public Resources Code §§ 2710 et seq.), Public Resources Code § 2207, and the regulations implementing the act (Code of Regulations §§ 3500 et seq.) (“State regulations”) are made a part of this Chapter by reference with the same force and effect as if the provisions were specifically and fully contained in this Chapter; except that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

   (b)   Amendments to SMARA. In the event that the State amends SMARA to the extent that it adds to or conflicts with this Chapter, State law shall prevail.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter shall apply to all public and private property in the unincorporated areas of the County.

(Ord. 4011, passed - -2007)

   (a)   Approval of Conditional Use Permit, Reclamation Plan, and Financial Assurance Required. Unless exempted by SMARA, State regulations, or Subdivision (b) (Exemptions), below, any person who proposes to engage in surface mining operations shall, before the commencement of the operation, obtain County approval of a Conditional Use Permit, Reclamation Plan, and financial assurances for reclamation in compliance with this Chapter. An exemption from these approval requirements shall not automatically exempt a project or activity from the application of other County regulations, ordinances, or policies (e.g., the application of CEQA; the requirements of Conditional Use Permits or other permits; the payment of development impact fees; the imposition of other dedications and exactions as may be allowed under the law; etc.).

   (b)   Exemptions. This Chapter shall not apply to the following activities, subject to the exceptions noted in Subdivision (a), above:

      (1)   Excavations or grading conducted for farming or for the purpose of restoring land following a flood or natural disaster.

      (2)   Onsite excavation and onsite earthmoving activities that are an integral and necessary part of a construction project and 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:

         (A)   All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in compliance with applicable provisions of State law and locally adopted plans and ordinances, including the California Environmental Quality Act (CEQA).

         (B)   The County’s approval of the construction project:

            (I)   Is consistent with the General Plan.

            (II)   Included consideration of the onsite excavation and onsite earthmoving activities in compliance with CEQA.

         (C)   Surplus materials shall not be exported from the site unless and until the site accepting the surplus materials has also been approved for development according to the appropriate procedures of the agency having land use jurisdiction.

         (D)   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.

      (3)   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:

         (A)   The plant site is located on lands with an appropriate land use zoning district designation commensurate with the activity according to the General Plan (e.g., Regional Industrial (IR), Special Development (SD), etc.).

         (B)   None of the minerals being processed are being extracted onsite.

         (C)   Reclamation work has been completed in compliance with the approved Reclamation Plan for mineral extraction activities that occurred onsite after January 1, 1976.

      (4)   Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

      (5)   Limited 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 (otherwise known as “assessment work.”)

      (6)   Other surface mining operations that the State Mining and Geology Board determines to be of an infrequent nature and that involve only minor surface disturbances.

      (7)   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.

      (8)   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 shall only be available if slope stability and erosion are controlled in compliance with State Mining and Geology Board Reclamation 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 shall not apply to onsite excavation or grading that occurs within 100 feet of a Class One watercourse or 75 feet of a Class Two watercourse, or to excavations for materials that are, or have been, sold for commercial purposes.

(Ord. 4011, passed - -2007)

   (a)   Pre-SMARA and Post-SMARA Right to Conduct Surface Mining Operations. A Conditional Use Permit shall not be required for any person who has obtained a vested right to conduct surface mining operations before January 1, 1976, as long as the vested right continues and as long as no substantial changes have been made in the operation except in compliance 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, the person shall obtain County approval of a Reclamation Plan covering the mined lands disturbed by the subsequent surface mining. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre-SMARA and post-SMARA mining, the Reclamation Plan shall require reclamation proportional to that disturbance caused by the mining after January 1, 1976 (i.e., the effective date of SMARA).

   (b)   Other Requirements Applicable to Vested Mining Operations. All other requirements of State law and this Chapter shall apply to vested mining operations.

(Ord. 4011, passed - -2007)

   (a)   Application Filing.

      (1)   Applications for a Conditional Use Permit and/or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Department and filed in compliance with Chapter 85.03 (Application Procedures).

      (2)   The forms for Reclamation Plan applications shall require, at a minimum, each of the elements required by SMARA (Public Resources Code §§ 2772-2773) and other 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 Director. For surface mining operations that are exempt from a Conditional Use Permit in compliance with 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 County at one time.

      (3)   As many copies of the Conditional Use Permit application and the Reclamation Plan application as may be required by the Director shall be submitted to the Department.

      (4)   Applications shall include all required environmental review forms and information prescribed by the Director.

   (b)   Fees.

      (1)   Establishment of Fees. The County shall establish processing fees that it deems necessary to cover the reasonable costs incurred in implementing this Chapter and the State regulations, (e.g., costs of processing of applications, annual reports, inspections, monitoring, enforcement, compliance etc.). The fees shall be included in the Planning Fee Schedule.

      (2)   Payment of Fees. The fees shall be paid by the operator, as required by the County, at the time of filing of the Conditional Use Permit application, Reclamation Plan application, and at other times that are determined by the County to be appropriate in order to ensure that reasonable costs of implementing this Chapter are borne by the mining operator.

   (c)   Processing.

      (1)   Within 30 days of acceptance of an application for a Conditional Use Permit for surface mining operations and/or a Reclamation Plan as complete, the Department shall notify the State Department of Conservation of the filing of the application(s).

      (2)   Whenever mining operations are proposed in the 100-year floodplain 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 Department shall also notify the State Department of Transportation that the application has been received.

      (3)   The Department shall process the application(s) through environmental review in compliance with the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.) and the County’s Environmental Review Guidelines.

      (4)   Subsequent to the appropriate environmental review, the Department shall prepare a staff report with recommendations for consideration by the Commission.

      (5)   Before final approval of a Reclamation Plan and financial assurances (as required in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Director shall:

         (A)   Certify to the State Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of State law; and

         (B)   Submit the Reclamation Plan, financial assurances, or amendments to the State Department of Conservation for review.

   (d)   Review by Commission and State.

      (1)   In compliance with Public Resources Code § 2774(d), the State Department of Conservation (DOC) shall be given:

         (A)   Thirty days to review and comment on the Reclamation Plan; and

         (B)   Forty-five days to review and comment on the financial assurance.

      (2)   The Commission shall evaluate written comments received, if any, from the DOC during the comment periods.

      (3)   Staff shall prepare a written response describing the disposition of the major issues raised by the State for the Commission’s approval. In particular, when the 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. The Commission staff report including the staff prepared responses to the DOC, along with the minutes of the hearing, shall constitute the written response to the State.

   (e)   Public Hearing. Upon completion of the environmental review procedure and filing of documents required by the Director, a public hearing before the Commission shall be held to consider approval of the Conditional Use Permit or Reclamation Plan for the proposed or existing surface mine in compliance with Public Resources Code § 2774.

   (f)   Action by Commission. The Commission shall then take action to approve, conditionally approve, or deny the Conditional Use Permit and/or Reclamation Plan, and to approve the financial assurances in compliance with Public Resources Code § 2770(d).

   (g)   Conditional Approval. If a Conditional Use Permit is being processed concurrently with the Reclamation Plan and it becomes necessary to comply with permit processing deadlines, the Commission may conditionally approve the Conditional Use Permit with the condition that the 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 on the Reclamation Plan and financial assurances.

   (h)   Approved Conditional Use Permit and Reclamation Plan Copies Provided to State. The Department shall forward a copy of each approved Conditional Use Permit for mining operations and/or approved Reclamation Plan, and a copy of the approved financial assurances to the State Department of Conservation within 30 days of approval.

   (i)   Statement of Responsibility. Before commencing mining operations, the property owner and/or mining operator shall sign a Statement of Responsibility accepting responsibility for reclaiming mined lands in compliance with the Reclamation Plan. The Department shall retain the Statement of Responsibility in the mining operation’s permanent record. Upon sale or transfer of the operation, the new operator shall submit a new Statement of Responsibility in compliance with Subdivision (j) (Transfer of Ownership), below.

   (j)   Transfer of Ownership. Upon sale or transfer of a mining operation and for the purpose of documenting a transfer of ownership of an approved Conditional Use Permit or Reclamation Plan, a new property owner and/or mining operator of a mining operation shall submit the following documents before taking over a mining operation:

      (1)   The new operator of a mining operation shall file a Transfer of Ownership application with the Department. The Director shall approve the application and the Transfer of Ownership form shall be placed in the Department’s permanent record.

      (2)   The new property owner and/or mining operator of a mining operation shall file a new Statement of Responsibility with the Department. The Director shall approve the Statement of Responsibility and the new Statement of Responsibility shall be placed in the Department’s permanent record.

   (k)   Findings for Approval of Permits and Plans.

      (1)   Conditional Use Permits. In addition to the findings required by Chapter 85.06 (Conditional Use Permits/Minor Use Permits), Conditional Use Permits for surface mining operations shall include a finding that the project complies with the provisions of SMARA and State regulations.

      (2)   Reclamation Plans. In order to approve Reclamation Plans, all of the following findings shall be made in the affirmative:

         (A)   The Reclamation Plan complies with SMARA (Public Resources Code §§ 2772-2773 and any other applicable provisions).

         (B)   The Reclamation Plan complies with applicable requirements of State regulations (Code of Regulations §§ 3500-3505 and 3700-3713).

         (C)   The Reclamation Plan and potential use of land reclaimed in compliance with the Plan are consistent with this Chapter and the General Plan and any applicable resource plan or element.

         (D)   The Reclamation Plan has been reviewed in compliance with CEQA and the County’s environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated below a level of significance or to the maximum extent feasible.

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

         (F)   The Reclamation Plan will reclaim the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

         (G)   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’s position is at variance with the recommendations and objections raised by the State Department of Conservation, the response shall address, in detail, why specific comments and suggestions were not accepted.

(Ord. 4011, passed - -2007; Am. Ord. 4163, passed - -2012)

   (a)   Protection of Mines from Incompatible Uses. 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 Mineral Resource Zones (MRZ), 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 General Plan. Before 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.

   (b)   Mapping of Identified Resource Areas. In compliance with Public Resources Code § 2762, the General Plan and resource maps shall be updated to reflect mineral information (classification and/or designation reports) within 12 months of receipt from the State Mining and Geology Board of the information. Land use decisions within the County shall be guided by information provided on the location of identified mineral resources of regional significance. Conservation and potential development of identified mineral resource areas shall 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.

(Ord. 4011, passed - -2007)

   (a)   Security Required as Condition of Approval. To ensure that reclamation will proceed in compliance with the approved Reclamation Plan, the County shall require as a condition of approval security that will be released upon satisfactory performance.

      (1)   Acceptable Types of Security. The applicant may post 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 that the County reasonably determines are adequate to perform reclamation in compliance with the surface mining operation’s approved Reclamation Plan.

      (2)   Required Payees. Financial assurances shall be made payable to the County and the State Department of Conservation. In the case where the approved Reclamation Plan involves unpatented land under the control of the Bureau of Land Management (BLM), National Park Service, or U.S. Forest Service, the appropriate agency shall also be added as a third payee.

   (b)   Purpose of Security. Financial assurances shall be required to ensure compliance with elements of the Reclamation Plan, including the following:

      (1)   Revegetation and landscaping requirements.

      (2)   Reclamation of aquatic or wildlife habitat.

      (3)   Reclamation of water bodies and water quality.

      (4)   Slope stability and erosion and drainage control.

      (5)   Disposal of hazardous materials.

      (6)   Removal of equipment and buildings that are not part of an approved end use.

      (7)   Other measures, if necessary.

   (c)   Cost Estimates for Security.

      (1)   Cost estimates for the financial assurance shall be submitted to the Department for review and approval before the operator actually obtains financial assurances.

      (2)   The Director shall forward a copy of the cost estimates, together with supporting documentation, to the State Department of Conservation for review.

      (3)   If the State Department of Conservation does not comment within 45 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.

      (4)   The Director shall have the discretion to approve the financial assurance if it meets the requirements of this Chapter, SMARA, and State regulations.

   (d)   Cost Estimates to Determine Amount of Security Required.

      (1)   The amount of the financial assurance shall be based upon the estimated costs of reclamation 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.

      (2)   Cost estimates shall be prepared by the mine operator, a licensed engineer, or other professional experienced in the reclamation of mined lands.

      (3)   The estimated amount of the financial assurance shall be based on the following:

         (A)   An analysis of physical activities necessary to implement the approved Reclamation Plan.

         (B)   The unit costs for each of the physical activities.

         (C)   The number of units of each of the physical activities.

         (D)   The actual administrative costs.

      (4)   Financial assurances to ensure compliance with revegetation, reclamation of water bodies, reclamation of aquatic or wildlife habitat, and other elements of the approved Reclamation Plan shall be based upon cost estimates that include:

         (A)   Labor.

         (B)   Equipment.

         (C)   Materials.

         (D)   Mobilization of equipment.

         (E)   Administration.

         (F)   Reasonable profit by a commercial operator other than the permitee.

      (5)   A contingency factor of ten percent shall be added to the cost of financial assurances to cover the County’s reasonable expenses for the administrative and legal fees required to foreclose on the financial assurance instrument.

      (6)   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.

   (e)   Time Period That Security Required to Remain in Effect. The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period specified in the Reclamation Plan for the purpose of monitoring until reclamation is completed (including any maintenance required).

   (f)   Annual Adjustment in Amount of Security. 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 giving credit for reclamation of lands accomplished in compliance 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. The annual SMARA inspection by the County shall, in most cases, be used to validate the submitted estimate.

   (g)   Submittal of Revised Security Figures. Revisions to financial assurances shall be submitted to the Director each year before 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.

(Ord. 4011, passed - -2007)

   (a)   Applicable State Law.

      (1)   Reclamation Plans shall comply with the provisions of SMARA (Public Resources Code §§ 2772-2773) and State reclamation regulations (Code of Regulations §§ 3500-3505).

      (2)   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 reclamation standards in Code of Regulations §§ 3700-3713.

   (b)   Additional Performance Standards. The performance standards in Division 3 (Countywide Development Standards) shall apply to Reclamation Plans. In addition, the applicable Review Authority may impose additional performance standards as developed in review of individual projects, as warranted.

   (c)   Phasing of Reclamation.

      (1)   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.

      (2)   Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include all of the following information:

         (A)   The beginning and expected ending dates for each phase.

         (B)   All reclamation activities required.

         (C)   Criteria for measuring completion of specific reclamation activities.

         (D)   Estimated costs for completion of each phase of reclamation.

(Ord. 4011, passed - -2007)

   (a)   Deadline for Submittal of Interim Management Plan (IMP). Within 90 days of a surface mining operation becoming idle, the operator shall submit to the Department a proposed Interim Management Plan (IMP).

   (b)   IMP Submittal Requirements.

      (1)   The proposed IMP shall fully comply with the requirements of SMARA and 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.

      (2)   The proposed IMP shall be submitted on forms provided by the Department and shall be processed as an amendment to the Reclamation Plan.

      (3)   An IMP shall not be considered a project for the purposes of environmental review.

   (c)   Continuation of Security Required. Financial assurances for idle operations shall be maintained as though the operation were active, or as otherwise approved through the idle mine’s IMP.

   (d)   State Department of Conservation Review. Upon receipt of a complete proposed IMP, the Department shall 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 before approval by the Director.

   (e)   Director’s Action on IMP. Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Director and the operator, the Director shall review and approve or deny the IMP in compliance with this Chapter. The operator shall have 30 days, or a longer period mutually agreed upon by the operator and the Director, to submit a revised IMP. The Director shall approve or deny the revised IMP within 60 days of receipt. If the Director denies the revised IMP, the operator may appeal that action in compliance with Chapter 86.08 (Appeals).

   (f)   Duration of Approved IMP. The IMP may remain in effect for a period not to exceed five years, at which time the Director may renew the IMP for another period not to exceed five years, or require the surface mining operator to commence reclamation in compliance with its approved Reclamation Plan.

(Ord. 4011, passed - -2007)

   Surface mining operators shall forward an annual surface mining report to the State Department of Conservation and to the 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 initial permit approval, or before commencement of operations, whichever is sooner. 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.

(Ord. 4011, passed - -2007)

   (a)   Inspection Within Six Months of Annual Report. The Department shall arrange for inspection of a surface mining operation within six months of receipt of the Annual Report required in § 88.03.110 (Annual Report), to determine whether the surface mining operation is in compliance with the approved Conditional Use Permit and/or Reclamation Plan, approved financial assurances, and State regulations.

   (b)   Minimum One Inspection per Calendar Year. In no event shall less than one inspection be conducted in any calendar year.

   (c)   Eligible Inspectors. The 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 12 months, or other qualified specialists, as selected by the Director.

   (d)   Inspection Forms. Inspections shall be conducted using a form approved and provided by the State Mining and Geology Board.

   (e)   Notification of Inspection to State. The Department shall notify the State Department of Conservation within 30 days of completion of the inspection that the inspection has been conducted, and shall forward a copy of the inspection notice and any supporting documentation to the mining operator.

   (f)   Payment for Inspection. The operator shall be solely responsible for the reasonable cost of the inspection.

(Ord. 4011, passed - -2007)

   If the 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 Conditional Use Permit, and/or the Reclamation Plan, the County shall follow the procedures outlined in Public Resources Code, §§ 2774.1 and 2774.2 concerning violations and penalties, as well as the provisions of Chapter 86.09 (Enforcement) for initiating enforcement action, which could include the revocation of a Conditional Use Permit.

(Ord. 4011, passed - -2007)

   (a)   Transfer of Ownership and Statement of Responsibility. See § 88.03.060(i) (Statement of Responsibility) and § 88.03.060(j) (Transfer of Ownership), above, for provisions governing ongoing post-approval responsibilities and evidence of transfer of property ownership.

   (b)   Other Post-Approval Procedures. The procedures and requirements in Division 6 (Development Code Administration), related to permit implementation, time limits, extensions, appeals, and revocations, shall apply following the decisions on Conditional Use Permits and Reclamation Plans.

(Ord. 4011, passed - -2007)